J ' / N Reviewed...1.2.2 End the dependence of needy parents by promoting job preparation, work and...

NPT FINANCE DEPT

NEZ PERCE TRIBE AUG 2 7 2019 CONTRACT REVIEW AND RECOMMENDATION CHECKLIST

R OEIVED AFTER 10:00 AM All contracts in which the Nez Perce Tribe is a party must have this form attached and completed prior to presentation to the

NPTEC Chairman for signature.

++++++++++++++++++++++++++++++ ++++++++++++++ +++++++++++++++++ ++

Contract Subject TANF 3 year renewal plan Co ntractorN ame._cA....c.C...c....YF=- - - - - - - - - -

Project & Fund# ....:7....:5_--"'1-'-7--1"-5'-5'-2;c.. _ _ _ _ _ _ _ _ _ _ _ _ Contractor EIN/SS No._1_a2_0_2s_s_92A_3 _

Program Presenting Contract: ...T.::..:A:....:cNc...=F'-- - - - - - - - - - -

Individual Responsible: Consuelo Guillory Phone Ext. 4660---

Does contract require in-kind contribution or a tribal match ? Yes No _x (if yes, how much? $ ----------------------- 1

Are matching funds included in the approve d budget for this fund? Yes No _x (if no, sour ce ----------------------- 1

For contracted work involving federal funds, please initial this line indicating that you have determined that

the contractor is not on the EPLS (Excluded Parties List System) by visiting www.SAM.gov.

GM()#-: / OJ FY 2..5S C Finance Department

Received by Finance 8 J Z J_ ) !J Reviewed By:._-Q--=t-,J_ /3 =--

Review Completed 1)jz7[L+ Changes recommended? Yes -- Nr Changes Recommend_ ,ed .,-:.'.J.,'J1,4J.. bL.J..\'-, '"uK' .;>'..-.._- - - - - - - - - - - - - - - - - - - - - - - - - - -

Received by TERO _

Review Comp leted. _ No

Changes Recommended·- - - - - - - - - --' '-- - - - - - - - - - - - - - - - - - - - - - -

Office of Legal Counsel

Received by OLC <j ·J 7' / Reviewed By: N A / ".".'2":: 'Y-:?>

Review Com pleted .- Changes recommended? Yes V No

Changes Recommended fw6" 4 j (.Ji:nr\')j y<l>vf:·

Changes Made: '\ / U../ 2-ol°t By:. N_A_ -_4-- C_ c;- _

Changes Reviewed: V'-\/ \.'1 By:_ --- - - - - - - - - -

Subcommittee

Presented to Subcommittee------------------ Approved w/no changes Changes Recommended_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Changes Made: By: _

NePerce Tribal Executive Committee

Presented to NPTE C NPTEC Action. _

Approve d w/no changes Changes Recommended,

Changes Made: _By:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Revised: April 2015

http://www.sam.gov/

NP19-

RESOLUTION

WHEREAS, the Nez Perce Tribe Executive Committee has been empowered to act for

and in behalf of the Nez Perce Tribe, pursuant to the Revised Constitution and By

laws, adopted by the General Council of the Nez Perce Tribe, on May 6, 1961 and

approved by the Acting Commissioner of Indian Affairs on June 27, 1961; and

WHEREAS, the Nez Perce Tribal Executive Committee (NPTEC) is empowered and

has the responsibility to develop and implement policies and procedures

to protect the health and welfare of the Nez Perce Tribe; and

WHEREAS, the Nez Perce Tribal Temporary Assistance to Needy Families (TANF)

Plan has been submitted and approved by the Administration for Children

and Families (ACF) and program implementation began on January 1,

1999 and a renewed Tribal Assistance Plan is required on or before

January 1, 2021; and

WHEREAS, the contents of a Tribal TANF Plan includes all the elements delineated

from Section 412 (b) of Title IV - A of the Act, as amended by P.L. 104-

193, and at 45 CFR Part 286 and covers a three-year period. The Tribal

TANF Plan may also be amended at any time during the three-year period

pursuant to the timeline and process at 45 CFR 286.165; and

WHEREAS, the promotion of employment and training is the primary focus of the

Personal Responsibility and Work Opportunity Reconciliation Act

(PRWORA) Section 407 of title IV-A of the Act, as amended, sets forth

mandatory work requirements for State TANF programs although Tribal

TANF programs will not be subject to the exact same work requirements

as specified in section 407, section 412 (c) of title IV-A of the Act, as

amended, does require minimum work participation requirements to be

established for each Tribal TANF grantee (see 45 CFR 286.80).

NOW, THEREFORE, BE IT RESOLVED, that the NPTEC hereby approves the 2019-

2021 three year TANF Plan to be submitted to the Administration for

Children and Families (ACF) for approval; and

BE IT FINALLY RESOLVED, that the NPTEC Chairman and Secretary are hereby

authorized to sign all documentation, correspondence, expenditures and

reporting requirements and the NPTEC Treasurer is hereby authorized to

disburse funds accordingly.

CERTIFICATION

The foregoing resolution was duly adopted by the Nez Perce Tribal Executive

Committee meeting in Regular Session, September 10, 2019, in the Richard A.

---------------

Halfmoon Council Chambers, Lapwai, Idaho, a quorum of its Members being present

and voting.

BY:

ChanteI Eastman, Secretary

ATTEST:

Shannon F. Wheeler, Chairman

Nez Perce Tribe TANF: Tribal Family Assistance Plan Years 2019- 2021

TABLE OF CONTENTS

1. PURPOSE, MISSION, AND GOALS ................................................................................. 1

2. BASIC ELIGIBLITY ............................................................................................................ 5

3. ELIGIBILITY CRITERIA ................................................................................................ 10

4. FINANCIAL ELIGIBILITY ................................................................................................... 12

5. REQUIREMENTS .............................................................................................................. 16

6. EMPLOYABILITY DEVELOPMENT PLAN ............................................................... 19

7. WORK ACTIVITIES ......................................................................................................... 19

8. TANF ACTIVITIES............................................................................................................ 29

9. PENALITIES/PROCESS FOR NON-REPORTING ...................................................... 30

10. BENEFIT SERVICES ASSISTANCE .............................................................................. 33

11. NOTIFICATION ....................................................................................................................... 36

12. DEFINITIONS .................................................................................................................... 38

13. ABBREIVATIONS ............................................................................................................. 39


Intentionally Left Blank

II

Nez Perce Tribe TANF: Tribal Family Assistance Plan Years 2019-2021

1. PURPOSE, MISSION, AND GOALS

1.1 Nez Perce Tribe TANF Purpose

The purpose of the Nez Perce Tribe Temporary Assistance to Needy Families (TANF)

Program is to assist eligible families in developing strong values and skills through the

provision and support of education, support services, employment skills training and cash

assistance to participants residing in the approved service area.

Also, for the Non-Needy Caretaker Relative, TANF will assist those families in ensuring

education goals and attendance are met until the child's parents can once again take back the

responsibility of caring for their own children.

The Nez Perce shall provide cash assistance and support services to eligible Nez Perce

families with a child or children, or who are expecting and guardians of children in need of

temporary appropriate aid and services. The TANF Program will provide at risk of welfare

dependency families with job preparation, work and support services to leave the program

and become self-sufficient.

It is the intent of the Nez Perce Tribe TANF Program that assistance shall be provided with

due regard for the preservation of Indian family life. Progress towards the achievement of

program goals will be tracked by identifying specific client barriers and the attainment of

associated short- and long-term milestones. Program management responsibilities are

delegated to the Nez Perce Tribe Social Services Department (hereinafter referred to as the

Department) to ensure compliance with the purposes of TANF.

1.2 Four Purposes of TANF. The Nez Perce Tribe embraces the following four fundamental

purposes of TANF per 45 C.F.R. 260.20:

1.2.1 Provide assistance to needy families so that children may be cared for in their own

home or in homes of relatives;

1.2.2 End the dependence of needy parents by promoting job preparation, work and marriage;

1.2.3 Prevent and reduce the incidence of out-of-wedlock pregnancy; and

1.2.4 Encourage the formation and maintenance of two-parent families.

1.3 Mission, Goals, and Authority

1.3.1 Mission.

The program will assist eligible families and pregnant women in attaining self

sufficiency and assist in providing for the basic needs of the children living with non

needy adult caretaker or relatives.

1.3.2 Goals.

The goals of the Nez Perce Tribe TANF Program is to increase the level of self

sufficiency for its participants. TANF will measure progress and achievement of desired

outcomes by collecting data through the use of the Tribal Automated System (TAS)

computer system that identifies the benefits, counseling, assistance and support

services, etc., that has been provided to eligible families and individuals each month.

Progress will be measured through reports and documented discussions between the

participant and case manager using the Eaglesun Report Management (ERM). Success

will be measured by:

Page I of40


1.3.2.1 Increasing employability of needy families;

1.3.2.2 Increasing family opportunities for families;

1.3.2.3 Strengthening the family unit;

1.3.2.4 Extending support services for individuals receiving cash assistance;

1.3.2.5 Continue to address TANF Goals 3 and 4 through:

• Provide cash assistance and support services to relative caretakers allowing for

minor children to be reared in a loving, supportive atmosphere, school attendance

and achievement can be monitored and out of school activities can be overseen;

• Assist in developing employment and training opportunities;

• Develop and coordinate with the Nez Perce Tribe Teecukewenees Education

Center for individuals including parents, to complete their high school diploma or

GED. A certified instructor operates this program.

• Refer individuals identifying they have a substance abuse problem to Nimiipuu Health; and

• Collaborate with the State of Idaho, Nez Perce Tribe departments, etc.

• Information exchanged between programs will provide that a family receiving

assistance under the plan may not receive the same services from another state or

Tribal program funded under P.L.104-193, to include Medicaid and food stamp

benefit.

1.3.3 Statutory Authority.

Public Law 104-193, the Personal Responsibility and Work Opportunity Reconciliation

Act 1996 (PRWORA authorizes Indian Tribes to administer and operate their own

Temporary Assistance for Needy Families (TANF) program. (Hereafter referred to as

TANF). The Nez Perce Tribe will administer the Nez Perce Tribe TANF Program.

1.3.4 Title and Scope.

These rules are known and will be cited as the Nez Perce Tribe TANF Policies &

Procedures. These rules provide guidance for implementation of the TANF Program.

1.4 Program Administration. The Nez Perce Tribal Executive Committee will have overall

authority for the TANF program by resolution, NP 98-263. Program management

responsibilities are delegated to the Nez Perce Tribe Social Services Department (hereinafter

referred to as the Department).

1.5 Rule Availability. Copies of these rules are available from the Nez Perce Tribe Social Services, TANF Program, P.O. Box 365, Lapwai, Idaho 83540. This is the agency responsible for delivery of program services

1.6 Confidentiality. The TANF Program will adhere to the Federal Privacy Act, 5 U.S.C. 552 (a) Section. 7(a). No employee shall disclose privileged information about:

• Clients, personnel actions;

• Property acquisitions;

• Tribal financial transactions;

• Policy actions prior to implementation;

• Provisions under the Violence against Women Act;

• Or any other confidential information to unauthorized individuals

Page 2 of40


1.7 Information Exchange with States or Tribes. In accordance with the Memorandum of

Agreement/Protocol signed with the State of Idaho or Tribe, The Department will be

authorized for and have access to specific data necessary for the Nez Perce Tribe TANF

Guidelines Revised: 08/01/2004 administration of the TANF program.

The State of Idaho and/or Regional Office will provide each office with a copy of this said

Memorandum of Agreement. Information exchanged between programs will provide that a

family receiving assistance under the plan may not receive the same services from another

state or Tribal program funded under P.L.104-193, to include Medicaid and food stamp

benefit.

Certification that the state will provide Indians with equitable access to assistance. A

certification by the chief executive officer of the State that, during the fiscal year, the State

will provide each member of an Indian tribe, who is domiciled in the State and is not eligible

for assistance under a tribal family assistance plan approved under section 412, with

equitable access to assistance under the State program funded under this part attributable to

funds provided by the Federal Government.

1.8 Coordination with the States and Other Indian Tribes. Coordination with states and other

Indian Tribes shall be conducted specifically for persons relocating to the Nez Perce

Reservation from another TANF service area. The Department shall coordinate with the

states and other Indian Tribes to facilitate other financial support services such as:

• Food Stamp Benefits,

• State and Tribal Child Care Development Fund Block Grant;

• Child Support;

• Medical assistance; or

• Child Welfare Services

1.9 Fiscal Accountability Assurance. For each fiscal year during which the Nez Perce Tribe

receives or expends funds pursuant to a block grant under Section 412 of Title I-Block

Grants for Temporary Assistance for Needy Families, the fiscal accountability provisions of

Section 5(f) (1) of the Indian Self-Determination and Education Assistance Act (25 U.S.C.

450c (f) (1)), relating to the submission of a single agency audit report required by chapter 75

of Title 31, United States Code, applies.

1.10 Data Collection and Reporting. In accordance Under 41l(a)(l)(A) and 412(h) of the Act

each Tribe operating a TANF program must collect on a monthly basis, and report on a

quarterly basis, the Nez Perce Tribe will comply with all statutory and regulatory data

collection and reporting requirements pertaining to the Tribal TANF program.

1.11 Economic Development. To enhance job opportunities/creation for TANF families, to the

extent permitted under the TANF statutes and regulations, the Nez Perce Tribe TANF

Program may be able to assist if funding is available in the development of small businesses

to aid in the employment of TANF families. ACF shall be consulted for guidance prior to any

action being undertaken to ensure that the action is permissible. Some examples may include

carpentry skills development/training, casket making, childcare center, etc.

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1.12 Work Subsidy for Job Development. If funding is available, as provided at 45 CFR 286.10 (b) (2), the TANF Program may provide public or private sector work subsidies to employers

or third parties (i.e. programs, companies, and businesses) in the form of payments to help

cover costs of employee wages, benefits, supervision, and training for the purposes of

providing jobs to TANF participants.

1.12.1 Work Subsidy for On-The-Job Training. If funding is available, the TANF Program

may provide stipends or incentives to participants involved in On-the-Job Training. On

an individual need basis, the program may also provide participants the following:

individual equipment; personal tools; uniforms; or other work-related supplies.

1.13 Youth Development. Under TANF purposes 3 and 4 the TANF program may provide the

following for TANF dependents. The TANF Program may offer TANF dependents

opportunities to engage in positive activities, i.e. character building, life and social skills

development, and positive reinforcement, aimed at teen pregnancy prevention, developing

responsible youth, community involvement and a strong work ethic, including but not limited

to:

• Cultural activities such as tanning, drum making, drumming, dancing, making outfits,

hunting & fishing field trips, educational Field trips to memorials of Native

battlefields, gathering roots and berries or other subsistence foods or items.

• Subsidized employment,

• Education,

• Recreation,

• Community service and

• Job skills training.

• Prevention Activities aimed at preventing negative behaviors and offering positive

learned behavior: Workshops, Wellness Conferences, Drug Abuse awareness,

Alcohol Abuse awareness, Career Awareness, Steps to positive self-esteem, Problem

solving, Relationship responsibilities, Credit card awareness, understanding and

accepting parental responsibilities, strengthening parenting skills, understanding

relationships, budgets, beginning credit counseling, personal etiquette relationship

management, health/nutrition.

This list is not all inclusive, but the allow ability of additional activities will be confirmed by

email with ACF. A stipend may also be provided for successful completion of an

acknowledged program goal, pre-approved by the TANF Program.

Eligibility criteria will be developed for participation in the activities and guidelines, i.e. amounts, form of payment, qualifying conditions, etc. are defined in the Program's Policies and Procedures Manual.

1.14 Family Formation Initiatives. This initiative will be a prevention measure for all enrolled

Nez Perce as a motivator to increase two parent family involvements for support, education,

income, and safety for the family.

The TANF program will offer support and a variety of opportunities for fathers to develop

the skills and competencies required for the workplace and to support fathers to connect

successfully with employers and employment recourses within their communities to develop

Page 4 of40


skills that expand occupation exploration into the workforce and skills development

opportunities.

This initiative will encourage the formation and maintenance of:

• Two-parent family support for children,

• Non-custodial father involvement in order to increase self-sufficiency for parents.

• Working cooperatively with the Child Support Enforcement Program.

Employment training may be offered to non-custodial parent(s) and funded by the TANF

program if funds are available.

2. BASIC ELIGIBLITY

2.1 Receipt of Application. Applications for assistance are made to TANF and TAFI personnel.

If needed, other locations may be designated by the Department Director. Following

subsection defines process.

2.1.1 The Nez Perce Tribe TANF Program has 21 days from the date the application is

complete to make a decision regarding the eligibility of a TANF applicant. When there

is a special situation requiring more time to make a decision, the TANF Director may

approve an extension. Documentation of such situations must be retained in the case

file.

2.1.2 The applicant shall be notified in writing and given reasons for an application decision

(approval or denial) being delayed more than 21 days from the date of the application.

2.1.3 Applications shall not be held pending beyond 45 days from the date of application.

Financial assistance will be authorized to begin effective from the date application was

complete and conditions of eligibility are met.

2.2 TANF Program Responsibilities.

2.2.1 The intake staff must:

• Advise the applicant of the TANF eligibility requirements,

• The eligibility determination process, and

• The specific applicant information needed for an eligibility decision to be made.

2.2.2 The Intake staff is responsible for contacting other persons who may be able to help in

establishing eligibility for TANF when the applicant is unable to participate in the

determination of eligibility because of circumstances such as physical or mental

disability, or other such difficulties.

2.2.3 The Intake staff shall carefully explain:

• The Applicant's legal responsibility for reporting fully all facts pertinent to

eligibility,

• The responsibility for reporting changes promptly, and

• The sanctions for failure to report.

• Also, the Intake staff must explain the applicant's legal right to a hearing if the applicant is dissatisfied with the decision that is made on the application.

Page 5 of40


2.2.4 The application process will include written statements advising the applicant of their

rights under the Privacy Act (5 U.S.C. 552a) and the applicant's responsibility to report

all changes in circumstances which may affect eligibility for TANF. The applicant will

also be informed in writing of the sanctions for failure to report.

The applicant will receive a written description of the appeal process procedure at the

time of application and the process for appealing sanctions and adverse actions taken by

the Intake (staff).

2.2.5 The applicant should be considered as the primary source of TANF eligibility

information. However, the Intake Staff should verify this information through

documents supplied by the applicant or through collateral sources.

When it is necessary to secure information from other sources, the applicant will be

requested to sign a release of information form which clearly identifies the sources that

will be contacted and the reasons for obtaining information from those sources, e.g.,

current employment and work history.

2.2.6 The Intake Staff shall inform the applicant of each eligibility condition that must be

established, and the information needed to establish eligibility. Assurance shall be given

as to the confidentiality of the information and its use for TANF eligibility and related

(e.g. TERO, ECDP, A&D) purposes.

2.2.7 TANF staff shall provide information and referral and community resources which the

applicant must be encouraged to utilize in resolving particular problems. Case Manager

is responsible for recognizing expressed or implied needs other than the request for

financial assistance. In all cases, the Case Manager shall be required to make home

visits to further assess the applicant's RESIDENCY, needs, and the potential for self

help and self-sufficiency.

2.2.8 The TANF caseworker will refer the applicant to a psycho-social assessment, drug

testing though not required by the TANF program.

2.2.9 TANF caseworker will request from parent(s) current documentation of children

health/wellness.

2.2.10 Review of EDP by TANF caseworker. Each case will undergo an employability

development plan (EDP) that will be reviewed at least every 90 days or whenever there

is an indication of a change of circumstances.

2.3 TANF Eligibility. Eligibility for TANF assistance and services is as established in the

Tribe's approved TANF plan. Only needy families, as defined in the TANF plan, may

receive: (a) any form of federally or State MOE funded "assistance" (as defined in 45 CFR

286.1O); or (b) any benefits or services pursuant to TANF purposes 1 or 2. "Needy" means

financially deprived, according to income and resource (if applicable) criteria established in

the TANF plan by the Tribe to receive the particular "assistance," benefit or service.

The Tribe may use segregated Federal TANF funds to provide services (and related activities) that do not constitute "assistance" (as defined in 45 CFR 286.10) to individuals and family members who are not financially deprived but who need the kind of services that meet TANF purposes 3 or 4. Objective criteria will be established for participation in these programs.

Page 6 of40


Unless the State instructs otherwise, the Tribe may also use MOE funds to pay for non

assistance pro-family activities for individuals or family members, regardless of financial

need. The applicant or one of the family members in the applicant's household must be an

enrolled member of the Nez Perce Tribe. The applicant must be the legal guardian of the

children in the applying household to be considered eligible for the TANF Program.

To be eligible for a TANF grant, the applicant must:

• Sign an application;

• Provide verification requested by the Department;

• Negotiate and sign an Employability Development Plan;

• Participate in work activities; and

• Meet all other personal responsibility and financial criteria.

When any applicant adult family member is on strike, the entire family is not eligible. A

stoppage or slowdown of work by employees is considered to be a strike.

2.4 Time Limit. Section 408(a)(7) provides that a State may not use Federal funds to provide

assistance to any family that includes an adult who has received assistance for 60 months

(whether or not consecutive) under any State program funded under title IV-A of the Act, as

amended by P.L. 104- 193. Up to 20% of the caseload may be exempted due to hardship. If

the tribe intends to use this option, the plan must clearly define what will be considered

causes for hardship exemption.

A family may receive TANF benefits for up to 60 cumulative months. The Nez Perce Tribe

will count all prior months of TANF assistance funded provided by any Tribe or State with

TANF block grant funds, except for any month that was exempt or disregarded by statute,

regulation, or under any experimental, pilot, or demonstration project approved under section

1115 of the Act. A month does not count toward the 60-month limitation when any of the

following is true:

2.4.1 The person is a dependent child in a two-parent family and the principal wage earner

dies;

2.4.2 The person was a dependent child, and is now a minor parent who is receiving TANF benefits as a caretaker for their own child;

2.4.3 Revised 11/28/11- A "dependent child" is a child under 18 years of age: or a person

under 19 years of age if the person is a full-time student in a secondary school or

equivalent vocational/technical training, whether the training can be completed by age

19 or not. A dependent child is not a Temporary Assistance applicant themselves. And

all "dependent children" are required to be attending school for them to qualify

2.4.4 Residence Exception to Time Limit. In determining the number of months of TANF

participation, the Department must not count any month the adult lived in Indian

country or an Alaskan Native village during the month that (50%) were Not Employed.

The most reliable data about the month shows fifty percent (50%) or more of the adults

living in Indian country or in the village were not employed.

2.5 Hardship Exemptions. Hardship exemptions will be limited to 20% of the current caseload.

A person may continue to receive Tribal TANF benefits beyond the 60 cumulative month

limit under a Hardship Exemption, if any of the following in subsections is true:

Page 7 of40


2.5.1 A member of the family has to care for a family member with a serious health problem;

as verified by a competent medical authority.

2.5.2 Both parents are incapacitated, and one parent has to care for the other incapacitated

parent; as verified by a competent medical authority.

2.5.3 Federal Family Violence Option (FVO). The federal welfare reform law

acknowledges that TANF recipients who are domestic violence victims may not be able

to meet TANF work requirements because of the effects of this violence on their lives.

The federal law allows states to adopt policies and procedures (called the Family

Violence Option) that are meant to protect women in violent partnerships and assure

that they are not treated unfairly in the TANF system. States/Tribes are allowed to give

TANF recipients temporary exemptions from TANF requirements that may cause

domestic violence to escalate, that make it more difficult for them to escape violence, or

that result in unfair sanctions against women who fail to meet requirements due to

domestic violence. The intent of the Family Violence is to protect women and to assist

them in dealing with the violence so that it does not continue to be a barrier to their

leaving welfare and going to work. Optional certification of standards and procedures to

ensure that the State/Tribe will screen for and identify domestic violence. 42 U.S.C. §

602(a)(7).

2.5.3.1 FVO Within the Nez Perce Tribe TANF Program. The Program has established and is enforcing standards and procedures to screen and identify individuals receiving assistance under this part with a history of domestic violence while maintaining the confidentiality of such individuals;

2.5.3.1.1 Victim/Applicant needs to be believed once; once they divulge the abuse, and

they need to know that if corroborating evidence (a restraining order, medical

reports, or police reports) is not available, their personal affidavit of their

abuse is sufficient to qualify for exemptions.

2.5.3.1.2 Refer such individuals to counseling and supportive services; and to overcome fears of disclosure, survivors must be given the opportunity to learn about domestic violence and the FVO in a safe environment with nonjudgmental TANF staff.

2.5.3.1.3 In cases where compliance with such requirements would make it more

difficult for individuals receiving assistance under this part to escape domestic

violence or unfairly penalize such individuals who are or have been

victimized by such violence, or individuals who are at risk of further domestic

violence, the Program can waive, pursuant to a determination of good cause,

other program requirements such as time limits (for so long as necessary) for

individuals receiving assistance; residency requirements; child support

cooperation requirements, and family cap provisions.

2.5.3.1.4 Domestic violence defined for purposes of this paragraph, the term "domestic violence" has the same meaning as the term " battered or subjected to extreme cruelty", as defined in section 608(a)(7)(C)(iii) of this title. Domestic Violence is also defined by the Nez Perce Tribe Law and Order Code.

Page 8 of40


2.5.3.1.5 Furthermore: At this time, TANF requirements (time limits, work

requirements, residency requirements, family cap provisions, and/or

cooperation with child support enforcement) can be waived because of current

or past domestic violence. The intent of waiving some or all the requirements

is to make it easier for current victims to escape domestic violence, to avoid

punishing women who have been victimized, and to avoid penalizing those

who are at a further risk of domestic violence (P. L. 104-193, Sec.

402[a][7][iii]). The FVO defines victims as "battered or subject to extreme

cruelty" (P. L. 104-193, Sec. 408[a] [7] [C] [iii]), including real or threatened

physical acts that may result in physical injury, sexual abuse, mental abuse, or

neglect or deprivation of medical care.

2.5.3.2 The TANF domestic violence liaison is responsible for:

2.5.3.2.1 Working with the survivor to create a written service plan with the goal of

helping the applicant attain safety and self-sufficiency. This will also include

education regarding domestic violence to the TANF participant.

2.5.3.2.2 This plan should include the liaison's recommendations and referrals and must

also state which waivers the applicant has been granted and the length of time

the waivers will remain in effect.

2.5.3.2.3 The initial waiver must be for at least 6 months, and the domestic violence

liaison must meet with the domestic violence survivor to re-evaluate the

waivers every 6 months. The domestic violence survivor must meet with

TANF domestic violence liaison in order for the waivers to remain in effect.

2.5.3.3 The TANF participant may disclose at any given time; and not necessarily at

application or renewal. Each TANF applicant will be screened for Domestic Violence

separate from their partner and will for no reason be screened in the presence of

another person.

2.6 Alternative Resources. All TANF Families must apply for any other source of income for

which they are potentially eligible, which includes but not limited to food stamps,

unemployment benefits, child support (if applicable), social security, etc. Failure to do so

may result in ineligibility for TANF.

2.7 Application for Assistance. The application form must be signed by an adult participant,

legal guardian, or representative, if applicant is not able to file under a documented

reasonable cause. The application must be received and dated-stamped by the Department.

2.8 Effective Date. The effective date for calculation of benefits for participants in the TANF

program is the date of eligibility determination. The first monthly benefit will be prorated

from the date of eligibility determination.

2.9 Forms and Scheduled Meetings. The family must complete the application process and

forms and must attend all scheduled meetings unless good cause exists. If a form or

scheduled meeting is missed, it will be rescheduled.

2.10 Concurrent Benefit Prohibited. If an individual is potentially eligible for either TANF,

TAFI or Aid to the Aged, Blind and Disabled, only one program may be chosen.

Page 9 of40


2.11 FAMILY SERVICE PLAN . A Family Service Plan {FSP} replaces the Employability

Development Plan (EDP) must be developed and signed by the household adults and all

application requirements must be completed before cash assistance can be provided. The

family must continue to comply with their ongoing EDP requirements to remain eligible.

3. ELIGIBILITY CRITERIA

3.1 Eligible Individuals. Individuals who may be eligible are listed in following subsections.

3.1.1 Minor Child: The term "minor child" means an individual who- (A) has not attained

18 years of age; or (B) has not attained 19 years of age and is a full-time student in a

secondary school (or in the equivalent level of vocational or technical training) and

living with a parent or non-needy adult caretaker relative. The child must also be

attending school, per the Nez Perce Tribe Law & Order Code, Subsection 2-4-22.

3.1.2 Parents: Parents must have legal custody of an eligible natural or adopted child; unless

the Family Violence Option determines otherwise.

3.1.3 Pregnant Woman: A pregnant woman who is an enrolled Nez Perce Tribal member or partner of a Nez Perce enrolled man; and applying as a family unit in her last trimester of pregnancy.

3.1.4 Non-needy Caretaker Relative: An immediate family member who assumes all

responsibility for the child (Ren) residing with them, including financial responsibility.

Included as caretaker relative are grandparents, and great-grandparents/aunts/uncles,

first cousins, stepparents, or self-identify as individuals or family who the tribe

considers to be a relative under traditional beliefs and values.

3.1.5 Joint Custody for the TANF Program.

3.1.5.1 The parent designated in a current court order as the primary caretaker for purposes of public assistance.

3.1.5.2 In making an order of joint physical custody or joint legal custody, the court may

specify one parent as the primary caretaker of the child and one home as the primary

home of the child, for the purposes of determining eligibility for public assistance.

3.1.5.3 When no court order designation exists and only one parent would be eligible for aid, the parent who would be eligible shall be the caretaker relative.

3.1.5.4 When both parents would be eligible, the parents shall designate one parent as the caretaker relative. If the parents cannot reach agreement on the designation of a caretaker relative, the parent who first applied for aid for the child shall be the caretaker relative.

3.1.5.5 Family Violence Option will be noted in instances this cannot safely apply.

3.2 Eligible Family. A family is a group of individuals, which must include a Nez Perce

enrolled Tribal member living in a common residence, whose income and resources are

considered in determining eligibility and grant amount, and who may be included in the

family unit unrelated families living in a common residence are considered separate families.

No individual may be eligible for benefits as a member of more than (1) family in the same

month

Page 10 of40


3.3 Non-Needy Caretaker Relative/Child-only Grant. Child Only Cases may be eligible for

"assistance" under the Nez Perce Tribe TANF Plan. Nez Perce Tribal TANF shall define

eligible cases if they meet the following criteria.

3.3.1 A family or individual who is taking care this child is defined in the Tribal TANF Plan

and by the Nez Perce Tribe as the Non-needy Caretaker Relative.

3.3.2 Financial eligibility criteria are based on the child-only and not the family as a whole unit based on the family having adequate resources.

3.3.3 Assistance (TANF grant only) for child-only cases will be limited to the child which is being cared for by the non-needy Caretaker Relative.

3.3.4 Support Service may be provided to the Non-needy Caretaker Relative for the benefit of the child.

3.3.5 The Non needy caretaker relative is exempt from engaging in work activities.

3.4 Married Child Under the Age of 18. A married child under age 18 is no longer considered

a dependent child. The child's subsequent separation, divorce or annulment does not change

that status.

3.5 Unmarried Parent Under the Age of 18. Parents must be18 years of age or married or

emancipated to apply to the Nez Perce Tribe TANF program. The underage unmarried parent

is considered to be a child and shall be the responsibility of his/her parents and not the

financial responsibility of the TANF program, unless good cause can be documented below.

3.6 Good Cause Not to Live with Parents. To receive TANF benefits, a teenage parent must

either live at home with his or her parents, a legal guardian, or other adult relative who is at

least 18 years old, or in an adult-supervised supportive living arrangement. In these

situations, it is the parent, legal guardian, relative, or other adult who is the payee on behalf

of the minor parent and his or her child.

3.6.1 Exemption. A minor parent can claim an exemption from the requirement to live with

an adult if she can provide documentation of one of the following:

3.6.1.1 Neither a parent, legal guardian, nor other adult relative is able to retain or assume

parental control over the minor parent due to physical, emotional, mental, financial,

or other limitations.

3.6.1.2 The minor has no living parent or guardian or their whereabouts are unknown.

3.6.1.3 The parent or guardian of the minor will not let her live in the home due to space,

housing code, or lease limitations.

3.6.1.4 The physical or emotional health or safety of the minor or her child would be jeopardized if they resided with the parent or guardian, as shown by records from

health facilities, school, social service agencies, the police, or the courts.

3.6.1.5 The minor parent's child was conceived as a result of rape or incest committed by someone living in the household.

3.6.1.6 The minor parent and child no longer reside in the home of the parent or legal guardian because of physical or sexual abuse of the minor parent, her child, or any other child in the household or the threat of such abuse.

Page 11 of 40


3.6.1.7 The parent or guardian lives in another area of the state in which it is not practical for

the minor parent to live because of factors such as attendance at school, a vocational

program, employment, therapy, or substance-abuse treatment.

3.6.1.8 The parent, legal guardian, or adult relative has spent the minor parent's assistance in

an improper manner.

4. FINANCIAL ELIGIBILITY

4.1 Countable Resources. Resources are countable when the family has a legal interest in the

resource and can take action to obtain or dispose of the resource.

Except for vehicles, the fair market value of the resource less all liens, mortgages, or other

encumbrances, is the countable amount of the resource.

4.2 Counting Vehicle Value. The fair market value of vehicle-minus encumbrances-is not

counted.

The fair market value, minus encumbrances, of any additional vehicle, is counted, unless the

vehicle is needed to participate in work activities.

The fair market value, minus encumbrances, of snowmobiles, boats, aircraft or other

recreational vehicles is counted.

The value of one specially equipped vehicle used to transport a disabled family member is

not counted in determining resources.

4.3 Resource Exclusions. The resources listed in following subsections are excluded:

4.3.1 Income Producing American Indian Property held in trust by the United States

Government. Real property that annually produces income consistent with its fair

market value

4.3.2 Equipment Used in a Trade or Business. Equipment used in a trade or business or

reasonably expected to be used within one year from their most recent use.

4.3.3 Contracts. Examples include: mortgage, deed of trust, promissory note, or any other

form of sales contract if the purchase price and income produced are consistent with the

property's fair market value as a shared land or resource owner as an American Indian

where said resource or land is held in trust by the United States Government.

4.3.4 Life Insurance. The cash surrender value of a life insurance policy.

4.3.5 Funeral Agreements. The cash value of an irrevocable funeral agreement.

4.3.6 Individual Indian Money Account. The cash value of an Individual Indian Money Account.

4.3.7 Native American Payment. To the extent authorized, payments or purchases made with payments authorized by law based on the participant's enrollment in a federally recognized tribe.

4.3.8 Child Support Payment. Agreed upon amount pass-through or in-kind child support

payment collected by the Nez Perce Tribe's Child Support Enforcement Program. Pass

through payments of up to $100 will be excluded and not counted as household income.

Page 12 of40

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4.4 Countable Income. Unearned income includes, but is not limited to following subsection:

4.4.1 Child Support Payments. Child support payments received by the participant if they

have received Child Support Income in the month they are eligible for a TANF Grant

upon application to the TANF program. Child Support payments counted at 100%

minus the $100 pass through.

4.4.2 Contributions. Recurring contributions actually received in cash, such as child support

payments and alimony, are to be considered as income available to meet need.

4.4.3 Land Sale Income. Income derived from sale of land with trust status shall be

considered as income when it becomes available to meet need unless set aside for the

specific purpose of reinvestment in trust land or a primary residence. If such income has

not been reinvested in trust land or a primary residence by the end of one year from the

date it was received, it shall be counted in its entirety as available to meet need.

4.4.4 Income from Sale of Real or Personal Property. Income derived from the sale of real

or personal property, unless otherwise restricted, shall be considered as income

available to meet need, unless proceeds from the sale are reinvested in trust land or a

primary residence within one year in accordance with the provisions of above.

4.4.5 Social Security Benefits. Social Security payments, including SSI and Death Benefits,

shall be considered income available to meet need.

4.4.6 Other Income. Any other income not excluded in the next section.

4.5 Excluded Income. The types of income listed in following subsections are excluded.

4.5.1 Supportive Services: Supportive services payments.

4.5.2 Work Reimbursements: Work-related reimbursements.

4.5.3 Child's Earned Income: Earned income of a dependent child, who is attending school

or on summer vacation.

4.5.4 Loans: Loans with a signed, written repayment agreement.

4.5.5 TANF: Retroactive TANF grant corrections.

4.5.6 Interest Income: Interest posted to a bank account.

4.5.7 Earned Income Tax Credit Payments: Earned Income Tax Credit payments.

4.5.8 Foster Care: Foster care payments.

4.5.9 Adoption Assistance: Adoption assistance payments.

4.5.10 Food Programs: Commodities and food stamps.

4.5.11 Child Nutrition: Child nutrition benefits, i.e., Woman Infant Child (WIC).

4.5.12 Elderly Nutrition: Elderly nutrition benefit received under Title VII, Nutrition

Program for the Elderly, of the Older Americans Act of 1965.

4.5.13 Low Income Energy Assistance: Benefits paid under the Low Income Energy

Assistance Act of 1981.

4.5.14 Home Energy Assistance: Home energy assistance payments under Public Law 100-

203, Section 9101.

4.5.15 Utility Reimbursement Payment: Utility reimbursement payments.

4.5.16 Housing Subsidies: Housing subsidies.

Page 13 of40


4.5.17 Housing and Urban Development (HUD) Interest: Interest earned on HUD family

self-sufficiency escrow accounts established by Section 544 of the National Affordable

Housing Act.

4.5.18 Native American Payments: Payments authorized by law made to people of Native

American ancestry.

4.5.19 Educational Income. Educational income, except that Ameri Corps living allowances,

stipends and AmeriCorps Education Award minus attendance costs are earned income.

4.5.20 Work Study Income of Student. College work study income.

4.5.21 VA Educational Assistance. VA Educational Assistance.

4.5.22 Senior Volunteers: Senior volunteers program payments to individual volunteers under

the Domestic Volunteer Services Act of 1979, 42 U.S.C. Sections 4950 to 5085.

4.5.23 Relocation Assistance: Relocation assistance payments received under Title II of the

Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970.

4.5.24 Disaster Relief: Disaster relief assistance paid under the Disaster Relief Act of 1974

and aid provided under any federal statute for a President-declared disaster or

comparable disaster assistance provided by states, local governments and disaster

assistance organizations.

4.5.25 Radiation Exposure Payments: Payments made to persons under the Radiation

Exposure Compensation Act.

4.5.26 Agent Orange: Agent Orange settlement payments.

4.5.27 Subsidized Income: Wages earned through subsidized employment will be excluded.

4.5.28 Self-Employment: Will exclude income for TANF participants who enter into self-

employment ventures during the first year of business start-up, not to exceed 300% of

the poverty level. Supportive services received by the TANF Program will also be

excluded income, such as: fees, licensure, marketing costs, and minimal start-up costs.

4.5.29 Seasonal Fire Fighting: Firefighting income earned up to $2,000.

4.5.30 Temporary Seasonal Employment: Any temporary seasonal employment (i.e.,

flagging, construction, etc.) income earned up to $2,000.

4.6 Determining Eligibility. To determine initial and continuing eligibility, the countable

monthly income that is or will be available to the family is used in the calculation of the

grant.

4.7 Converting Income to a Monthly Amount. Income received more often than once a month

is converted to a monthly amount as listed in following Subsections, if a full month's income

is anticipated. Figures are not rounded when income is converted to a monthly amount.

4.8 Averaging Income. Income may be averaged for participants who receive income from a contract, from self-employment, or any other income that is intended to cover more than one month, if it is expected to continue.

The income is averaged over the number of months it is intended to cover. To be eligible for the TANF program with earned income which is counted at "fifty percent (50%)" the family has to be at or below "six hundred and eighteen dollars ($618)" per month. Non earned income such as social security, counts at a "one hundred percent (100%)" income coming into your household and anything over "three hundred and nine dollars ($309)" will make

Page 14 of 40


family over income. Unless it is the agreed upon amount pass-through or in-kind child

support payment collected by the Nez Perce Tribe's Child Support Enforcement Program.

Pass through payments of up to "one hundred dollars ($100)" will be excluded and not

counted as household income.

4.9 Calculation of Self-Employment Income. Countable self-employment income is the

difference between the gross receipts and the allowable costs of producing the income, if the

amount is expected to continue. Self-employment income must be calculated by one of the

methods listed in the following subsections.

4.9.1 Self-Employed At Least One Year. For individuals who are self-employed for at least

1 year, income and expenses are averaged over the past 12 months.

4.9.2 Self-Employed Less Than One Year. For individuals who are self-employed for less

than 1 year, income and expenses are averaged over the period of time the business has

been in operation.

4.10 Self-Employment Allowable Expenses. Operating expenses deducted from self

employment income are listed in the following subsections.

4.10.1 Labor. Labor paid to individuals not in the family.

4.10.2 Materials. Materials such as stock, seed and fertilizer.

4.10.3 Rent. Rent on business property.

4.10.4 Interest. Interest paid to purchase income producing property.

4.10.5 Insurance. Insurance paid for business property.

4.10.6 Taxes. Taxes on income producing property.

4.10.7 Business Transportation. Business transportation as defined by the IRS.

4.10.8 Maintenance. Landscape and grounds maintenance

4.10.9 Lodging. Lodging for business related travel.

4.10.10 Meals. Meals for business related travel.

4.10.11 Use of Home. Costs of partial use of home for business.

4.10.12 Legal. Legal fees for business related issues.

4.10.13 Shipping. Shipping for business related costs.

4.10.14 Uniforms. Business related uniforms.

4.10.15 Utilities. Utilities for business property.

4.10.16 Advertising. Business related advertising.

4.11 Self-Employment Non-Allowable Expenses. The following are expenses not allowed to be

deducted from self-employment income.

4.11.1 Payments on the Principal of Real Estate. Payments on the principal of real estate

mortgages on income-producing property.

4.11.2 Purchase of Capital Assets or Durable Goods. Purchases of capital assets, equipment,

machinery, and other durable goods. Payments on the principal ofloans for these items.

4.11.3 Taxes. Federal, state, and local income taxes.

4.11.4 Savings. Monies set aside for future use such as retirement or work-related expenses.

4.11.5 Depreciation. Depreciation for equipment, machinery, or other capital investments.

Page 15 of40


4.11.6 Labor paid to a Family Member. Labor paid to a family member.

4.11.7 Loss of Farm Income. Loss of farm income deducted from other income.

4.11.8 Personal Transportation. Personal transportation.

4.11.9 Net Losses. Net losses from previous periods.

4.12 Rental Income from Real Property. If a family member is managing the property 20 hours

or more per week, the rental income minus rental costs is earned income. If a family member

is managing the property less than 20 hours per week, the rental income minus rental costs is

unearned income. Rental costs do not include the principal portion of the mortgage payment,

depreciation or depletion, capital payments, and personal expenses not related to the rental

income.

4.13 Child Living With Parent and Stepparent. When a child lives with a parent and a

stepparent 25% of the stepparent's earned and unearned income, minus child support paid is

unearned income to the family.

4.14 Maximum Grant Amount. The maximum grant is $309.00 and is based on the Idaho State

Payment Standard monthly rate. The first grant payment will be prorated from the date of the

application eligibility determination. In prorating this payment, the eligible grant amount for

the month shall be divided by thirty, then multiplied by the number of eligible days in the

initial payment period, rounding to the nearest whole dollar

4.14.1 Maximum Grant Amount for Families With No Income. The grant amount for

eligible families with no income is the maximum grant minus penalties, if applicable.

4.14.2 Maximum Grant Amount for Families with Earned Income. All earned income is

50% disregarded before it is applied to income eligibility limits. Firefighting income

during the fire season, after the first $2000.00 is disregarded, will be counted at 50%

disregarded earned income.

5. REQUIREMENTS

5.1 Citizenship. Non-citizens of the United States will not be included in TANF grant.

5.2 Social Security Number. The applicant must supply or apply for a social security card and

number.

5.3 Residence. Individuals must live on or near the Nez Perce Reservation; near reservation locations include the cities of Lewiston, Kendrick, Kamiah, Clearwater Valley.

5.4 Duplication of TANF Benefits Not Allowed. Individuals cannot receive TANF benefits

from the Nez Perce Tribe TANF program and another state or Tribal TANF program in the

same month. The Nez Perce Tribe will verify that participants are not receiving assistance

from other Tribal TANF or State TANF programs. The MOA with the State of Idaho will

authorize the Tribe access to specific data necessary to determine duplication of services.

5.5 School Attendance Responsibility. Children under the age of 18 must be attending school,

per the Nez Perce Tribe Law & Order Code, Sect. 2-4-18. Truancy. TANF children must

attend school or the family may be subject to penalty by sanction or terminated from the

program if verified good cause is not shown. TANF children must attend twenty hours per

week at a minimum if working on GED unless good cause is presented by a verified source.

Page 16 of 40


Any minor who willfully and unjustifiably fails to attend school when the minor is required

to attend may be charged, petitioned and adjudicated with the status offense of being a truant;

TANF participants may receive an incentive for completing the GED program or a

Vocational program.

5.6 Cooperation Responsibility. The plan confirms compliance with CFR 286.75(a) (b) and CFR 286.155. Allowable under 45CFR 286.75 (a) (b) and meet the conditions of 45CFR 286.155 as indicated in section 4.01 TANF Eligibility and the Nez Perce Tribe's Policy and

Procedures for Child Support is under NP 09-119. This resolution approves the policies

under which the Tribes Child Support Program operates.

For a family to be eligible, the participant(s) included in the grant must:

• Pursue and report child support, unless there is good cause per the Family Violence

Provisions.

• Participants must report child support to the Nez Perce Tribe TANF Program and

work with the TANF Specialist for the establishment of paternity when they apply for

TANF benefits.

• Failure or refusal to cooperate with the reporting of child support payments to the Nez

Perce Tribe or establishment of paternity will result in the family being sanctioned,

• And continued non-cooperation will end in denial of eligibility.

5.6.1 Agreement. By signing the application for assistance, the participant agrees to tum over

any support payments and benefits to the Nez Perce Tribe.

5.6.1.1 Child support cooperation exists when: The client is cooperating with the TANF Program to establish paternity or enforce

a child support order for any and all children in the TANF family.

5.6.1.2 A referral for counseling may be given, if: The TANF caseworker believes it will relieve the participant of any impediments

in identifying the non-custodial parent. Through counseling, it is determined that

the participant cannot identify the non-custodial parent, an exemption will be

given to the participant. Documentation must be provided to the TANF Program

from the counselor.

5.6.1.3 The TANF caseworker will determine if the participant is not cooperating with

the assignment and collection of child support and, if necessary, make a

determination of non-cooperation.

5.6.1.4 The TANF caseworker will discuss the non-cooperation with the participant and

determine whether there is good cause for non-cooperation.

5.6.1.5 If the participant does not have good cause for not cooperating, then they will

become ineligible until cooperation is established.

5.6.1.6 The TANF Program will be responsible for the cost incurred for paternity testing.

5.6.2 Good Cause for Non-Cooperation. The participant may claim good cause for not

cooperating with the TANF Program and the CSS to establish paternity or collect child

support. Good cause for non-cooperation exists when:

Page 17 of40


5.6.2.1 Cooperation would result in serious emotional or physical harm to the dependent child.

5.6.2.2 Cooperation would result in serious emotional or physical harm to the relative caretaker that would reduce the ability to care for a dependent child.

5.6.2.3 During the regular "90-Day Reviews" process, participation with Child Support

will be re-evaluated

5.6.2.4 One of the following circumstances exists:

5.6.2.4.1 The child was conceived as the result of rape or incest.

5.6.2.4.2 The child was a victim of child sexual abuse or severe emotional or physical

abuse.

5.6.2.4.3 The child was conceived as a result of an alcoholic blackout

5.6.2.4.4 The incident took place over five 5 years ago

5.6.2.4.5 Birth, medical or law enforcement records as evidence of incest, abuse or

rape.

5.6.2.4.6 The TANF Program believes that continuing efforts to obtain support or establish paternity would be detrimental to the dependent child.

5.6.2.5 Evidence of good cause for refusal to cooperate will be presented by the

participant to the TANF Specialist within one (1) month of claim of good cause

by the participant. Evidence for non-cooperation includes: Sworn statements from

other individuals other that the client with personal knowledge of the

circumstances that provide the basis of the good cause claim. Court records or

other legal records or written statements from a public or social welfare agency

5.6.3 Review of Good Cause Request. If good cause for not cooperating with CSS is

claimed but the Department determines there is not good cause, the participant may

appeal the decision and present supporting documents, and must be given the

opportunity to withdraw the application within 90 days or have the case closed

5.6.4 Paternity Not Established Within 12 Months. If the information is provided but

paternity is not established within twelve months from the effective date of the

application or the birth of the child, whichever is later, the TANF Caseworker must

determine if the participant is cooperating with pursuing child support.

5.6.4.1 If the non-custodial parent cannot be located with the minimum information

provided, ask the participant to provide additional information.

5.6.4.2 If the participant currently has no additional information, but shows a continuing

effort to obtain additional information, do not sanction the participant for failure

to cooperate. A participant who contacts the non-custodial parents, friends or

former employers to obtain information on the non-custodial is showing a

continuing effort to obtain additional information.

5.6.4.3 Although the custodial parent would not be sanctioned for failure to cooperate,

the family's grant must be reduced by half if paternity is not established in twelve

months, despite the custodial parent's effort to provide additional information.

Page 18 of 40


6. FAMILY SERVICE PLAN

Eligibility. The FSP and eligibility are reviewed on an ongoing basis every 3 months.

6.1 Modifications. If the participant cannot meet the required FSP provisions, the

participant shall meet with the TANF caseworker for any revisions, changes, or

modifications. Either the participant or the Department may initiate renegotiation or

modification of the EDP when conditions change

6.2 Non-Compliance. If the participant does not comply with a requirement of the EDP,

without good cause, the penalty specified in the rules addressing the activity is imposed

7. WORK ACTIVITIES

7.1 Applicant Job Search/Work Activities. Before the application can be approved: adult

applicants will be required to engage in job search and/or work activities, unless good cause

is established.

7.2 Applicant Voluntary Quit. The applicant is not eligible for 2 weeks from the date any adult

family member has voluntarily quit the most recent job of 40 or more hours per week without

good cause, from the date the TANF application was complete.

7.3 Work Activities Responsibility. Participants receiving Tribal TANF assistance will be

required to participate in work activities, unless good cause is established as specified in

Subsections 9.10, or the participant is exempted by criteria specified in Subsections 9.05, of

this plan.

All adult applicants are required to participate in work activities at a combined minimum of

20 hours per week, per applicant household. If an assistance Unit does not complete the

required amount of work activity hours per month a cash deduction sanction may be placed

on the monthly TANF grant.

A child between the ages of 16 and 18, who is not attending school, must participate in

assigned work activities.

7.4 Single-Custodial Parent Exemption. A single custodial parent of a child less than 6 years

of age is not required to participate in a work activity if one of the reasons listed in following

Subsection is not available:

7.4.1.1 Reasonable Distance. Appropriate childcare is not available within a reasonable

distance of 30 miles or less from the participant's home or work site.

7.4.1.2 Suitable informal care is in-home providers approved by the Nez ECDP CCDF.

7.4.1.3 Appropriate is childcare facilities and home licensed by the State of Idaho or approved

by the Nez Perce ECDP CCDF.

7.4.1.4 Affordable care is considered childcare which does not exceed the State ofldaho's

childcare rates.

7.5 Exemption Criteria for Work Activities. Conditions and circumstances that may exempt

participants from the TANF work participation requirements defined in following subsection

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7.5.1 Pregnant females who are in their last trimester of pregnancy if a doctor's verification

states that there may be danger to the mother or child, they will be exempt from work

activities, the expectant mother will be required to attend prenatal health class if it

presents no danger to mother or child.

7.5.2 Females during the first (12) months after giving birth to a child are exempt from work

activities, but are not excluded from awareness training such as: parenting class, home

making class, child care, drug and alcohol classes, and other classes that pertain to the

family individual or unit. The mother after giving birth to a child will be required to

attend postnatal and health care classes.

7.5.3 Persons who must do the following to participate in the TANF activities: Travel an unreasonable distance from their home or remain away from their home overnight.

7.5.4 Persons age 60 or over.

7.5.5 Persons determined to be unable to participate in TANF activities due to their

documented individual conditions or circumstances (e.g. care for disabled children,

elder care, etc.).

7.5.6 Males who are required to provide family care during child's first 12 months, but are not excluded from awareness training such as parenting class, home making class, child care, drug and alcohol classes and other classes that pertain to the family individual or unit.

7.5.7 Exceptions to work activity participation will not exceed 25% of the TANF program caseload.

7.6 Work Participation Rates.

Minimum Work Participation Requirements and Time Limits.-The Secretary, with the

participation of Indian tribes, shall establish for each Indian tribe receiving a grant under this

section minimum work participation requirements, appropriate time limits for receipt of

welfare-related services under the grant, and penalties against individuals-

(1) Consistent with the purposes of this section;

(2) Consistent with the economic conditions and resources available to each tribe; and

(3) Similar to comparable provisions in section 407(e).

The Nez Perce Tribe believes that the following participation rates represent realistic and

appropriate standards in light of such factors as a high rate of education/training deficiencies,

high unemployment and slow economy in the area, a substantial long-term unemployment

rate and high under-employment of Native Americans and, specifically , in the TANF

participant population in north central rural Idaho.

The Nez Perce Tribe is the primary employer on the reservation. Entry labor employment includes tribal enterprises near Lapwai, Kamiah and Winchester. With the local decline of natural resource economy such as logging and wood mills, the tribe is the primary market force within the boundaries of the reservation. Off Reservation in Lewiston, Idaho the largest employers include Potlatch Paper Products and ATK Ammunition. Challenges with entering the labor force include lack of child care outside of regular business hours and transportation.

Page20 of40


7.6.1 All Families Participation Rate. Program Year Minimum Participation: FY2019: 37%

The rationale for each of these elements of the proposal needs to be included in the plan.

For a Tribal TANF program, minimum work participation requirements must be

consistent with the purposes of the TANF program; consistent with the economic

conditions and resources available to the Tribe; and similar to comparable provisions of

the Act which apply to States. Thus, the plan needs to explain how the Tribe's proposed

minimum work participation requirements meet these conditions.

Employment and demographics on the Nez Perce Reservation including the five counties:

Nez Perce County

Total population change (2013-2014) Total population (2014) Poverty rate (2014)

Number of jobs (2014)

Annual average wage per job (2013)

0% 40,007

15%

26,087

$38,659

Unemployment rate (November 2015) 3.5% Physician count (per 1,000 population) (2012) 215

Idaho County

Total population change (2013 - 2014) 0% Total population (2014) 16,215

Poverty rate (2014) 16% Number of jobs (2014) 8,164

Annual average wage per job (2013) $35,074 Unemployment rate (November 2015) 5.7%

Physician count (per 1,000 population) (2012) 074

Lewis County Total population change (2013 - 2014)

0%

Total population (2014) 3,838 Poverty rate (2014) 14%

Number of jobs (2014) 2,559 Annual average wage per job (2013) $30,040

Unemployment rate (November 2015) 5.3% Physician count (per 1,000 population) (2012) 0.00

Clearwater County

Total population change (2013 - 2014)

0%

Total population (2014) 8,562

Poverty rate (2014) 17% Number of jobs (2014) 4,443 Annual average wage per job (2013) $35,406


Page 21 of40

i

Nez Perce Tribe TANF: Tribal Family Assis tance Plan Years 2019- 2021

Latah County

Total population change (2013 - 2014) 0%

Total population (2014) 38,411

Poverty rate (2014) 20%

Number of jobs (2014) 20,868 Annual average wage per job (2013) $31,174


Food security in Idaho and the counties within the Nez Perce Reservation. From Feeding

American Executive Summary.

How do you calculate the dollars needed and the meal costs? Using actual food sales data, The

Nielsen Company created a county-level multiplier to reflect the local cost of food. To develop

the average cost of a meal, we use this multiplier to weight the national average amount spent

on a meal by the food secure - $2.89.

We also use the county-level multiplier to weight the national average of additional money a

food insecure person reports needing per week in order to meet his/her food needs -

$16.82. To calculate the total additional money required to meet food needs in 2014, we

multiply the weekly amount by the number of food insecure people in the selected geography,

then by 52 weeks, and finally by 60% (7/12) - the average portion of the year in which a

food insecure person experiences food insecurity.

National Average Meal Cost: $2.89 Idaho Average Meal Cost: $2.86

Nez Perce County: $3.84 (second highest in the state)

Idaho County: $3.13

Lewis County: $3.03 Clearwater County: $3.05

The poverty rate is the percentage of people living below the poverty level or

"threshold ." Each year, the U.S. Office of Management and Budget establishes a series of

poverty thresholds for different family sizes and ages of household heads . Among

American Indian s on the Nez Perce Reservation in 2010-2014 the poverty rate was 30

percent. 685 people lived in households with an income below the poverty level.

OYe raU poverty rate of American Indians • llez Perce

·. ez Perce Resen ·arion and All l: . . resen ·ations 19 9-2014 40

36 36

3 2

Q. 28

24 ;

20

1979 1989 1999 2010 2011 2012 2013 2014

Y ear

Page 22 of 40


Among all races on the Nez Perce Reservation in 2010-2014, the poverty rate was 17.1 percent and 3,007 people lived in households with an income below the poverty level.

Cn·era ll po,·erty rate of AU Races a, 1e z Pe rce

Nez Perce Resen ·ation and All U.S. res ervations, 1989-2014 18.0 ---------------

17.3

1989 1999 2010 2011 2012 2013 2014

Year

Poverty Rate: National, State ofl daho, Nez Perce Reservation and Counties on reservation:

American

Indians on

Nez Perce

All Races on

Nez Perce

Reservation

Latah

County

Nez

Perce

County

Clear

Water

County

Lewis

County

Idaho

County

Reservation

15.4 % 15.596 3096 1 7.1% 2096 15 96 17 96 14 96 16 96

In 2010, the real median value of owner-occupied housing for American Indians on the

Nez Perce Reservation was $103,247. In 2010-2014, the real median value of owner

occupied housing on the Nez Perce Reservation was $136,200.

Among American Indians on Nez Perce Reservation in 2010-2014

30.0 percent were under 18.

60.7 percent were 18 to 64 years old.

9.3 percent were 65 or older.

Among all people living on the Nez Perce Reservation in 2010-2014

20.6 percent were under 18. 58.8 percent were 18 to 64 years old. 20.3 percent were 65 or older.

In 2010-2014, the labor force participation rate among American Indians on the Nez

Perce Reservation was 59.3 percent. In 2010-2014, the labor force participation rate

among all people on the Nez Perce Reservation was 50.1 percent.

Tribal and American Indian populations, according to the 2010 U.S. Census, American

Indians in Idaho account for 1.4% ofl daho's population. Idaho counties with the highest

percentage of American Indian populations are Benewah (8.8%), Bingham (7.1%), Nez

Perce (5.9%), Lewis (4.8%), and Owyhee (4.7%).

Portions of these counties contain Indian reservations. The five Indian reservations in Idaho are the Kootenai, Coeur d' Alene, Nez Perce, Fort Hall, and Duck Valley Indian Reservations which belong to the federally recognized Indian tribes in Idaho: the Kootenai, Coeur d'Alene, Nez Perce, and Shoshone-Bannock, Shoshone-Paiute Tribes. In

Page23 of 40

=


2005, Idaho had 10,808 enrolled tribal members and 17,996 people were eligible for

tribal services. Approximately one third of American Indians in Idaho live on

reservations.

Almost 94.7% of Fort Hall tribal members (Shoshone-Bannock) lived on or near the

reservation as of 2005. In comparison, 64% of Coeur d'Alene and 59% of Nez Perce

tribal members lived on or near their respective reservations.

These data come from the US. Census Bureau's American Community Survey. They are

based on averages of data collected in 2010, 2011, 2012, 2013, and 2014. These

estimates cannot be used to say what is going on in any particular year in the period,

only what the average value is over the fall period Some reservations have no data

reported due to their small populations. The Census Bureau defines a housing unit as a

house, an apartment, a mobile home or trailer, a group of rooms, or a single room

occupied as separate living quarters (or if vacant, intended as separate living quarters).

On the Nez Perce Reservation in 2010-2014:

648 housing units were occupied by American Indians, and

57 percent of these units were owner-occupied.

In 2010, the real median value of owner-occupied housing for American Indians on the

Nez Perce Reservation was $103, 24. In 2010-2014, the real median value of owner

occupied housing on the Nez Perce Reservation was $136,200.

Among American Indians on Nez Perce Reservation in 2010-2014




Among all people living on the Nez Perce Reservation in 2010-2014




In 2010-2014, the labor force participation rate among American Indians on the Nez Perce Reservation was 59.3 percent. In 2010-2014, the labor force participation rate among all people on the Nez Perce Reservation was 50.1 percent.

Among American Indians 25 years and older on the Nez Perce Reservation in 2010-2014 13.8 percent had no high school diploma, compared to 19.2 percent in 2000;

25.7 percent had a high school

diploma or equivalent;

42.9 percent had some college, but not a four-year degree; 17.6 percent had a bachelor's or college degree, compared to 10.4 percent in 2000.

Eclecarioaal attaiameat of ..\aericaa l.ctiaa, 25 ye.us & older •

ez Pef't'e Resen·atioa, 2010-2014

•

school

.S..o.m...e..eoflege. no

• kheloror

Oraduete de9"ee

Page 24 of40

Nez Perce Tribe TANF: Tribal Family Assistance Plan Years 2019-202 l

According to "American Indian Crime in Idaho: Victims, Offenders, and Arrestees,"

(2013) published by the Idaho Statistical Analysis Center, American Indians experience

higher rates of violence than all racial groups in Idaho. The Idaho Crime Victimization

Survey, 2008 (ICVS) found that American Indians were four times more likely than all

Idahoans to be victims in 2008 and nine times more likely to have experienced intimate

partner violence (IPV) within their lifetime. The Crime in the United States (2010)

revealed that violent crime rate on Idaho tribal lands was 2.7 times greater than Idaho's

violent crime rate (Idaho Statistical Analysis Center, (2013).

Analysis of data from Idaho's Incident-Based Reporting System (IIBRS) found that

American Indians experience violence almost one and a half times the rate of violence

against Idahoans, which was largely contributable to their higher rates of physical

assaults. Further IIBRS analysis revealed that American Indians have one and a half

times the rate of overall violent offender rate and almost twice Idaho's overall arrest rate.

In fact, American Indians have higher victimization, offender, and arrest rates for both

sexes and all age groups, except for those 65 and older. Compared to all racial groups in

Idaho, American Indians are more likely to know their violent offender through a current

or prior intimate relationship (Idaho Statistical Analysis Center, 2013).

Compared to all intimate partner violence, American Indian IPV victims are more likely

than all IPV victims to be female, between the ages of 20 and 45, a victim of simple

assault, assaulted with a weapon, injured, victimized in a public or commercial location,

have drugs or alcohol involved, and have an arrest occur. American Indian offenders of

IPV are more likely than all IPV offenders to be between the ages of 15 and 20 and ages

25 to 44. American Indian IPV offenders and victims are less likely than all racial groups

to be older than 45 (Idaho Statistical Analysis Center, 2013).

The following is from the 2014 Idaho Child Fatality Death Review team.

The Idaho Child Death Review Team

(CORT) presents its annual report on

child deaths occurring in Idaho in

2011. The team was formed by the

Governor's Task Force for Children at

Risk, under Executive Order 2012-03

to review deaths to children under the

age of 18 using a comprehensive and

multidisciplinary process. The team is

tasked with identifying information

1011 Oeafhs lu (hildten (Birth I<.> A 18) Occuning In ldahv

6ll

6ll

'9

14

39

,. "' 14

14 14 14

AssaJtt iHomlClde1 s·

41

41

o··

.. 195 195

82

and education that is needed to improve the health and safety of Idaho's children. Their

goal is to identify common links or circumstances in these deaths that may be addressed

to prevent similar tragedies in the future.

The number and causes of death to Idahoans under age 18 varied dramatically by age

group. Among Idaho residents, there were 623 deaths to infants and children between

2009 and 2011. More than one-half (350) of those deaths were to infants (under 1 year of

Page 25 of40


age). The majority of infant deaths (69 percent) were due to birth defects and conditions

originating in the perinatal period such as birth trauma, short gestation/low birth weight,

maternal conditions and complications during birth. From the 2014 Idaho Child Fatality

Death Review team.

Of the 16 SIDS deaths to Idaho residents in 2011, 14 occurred within the state and were

reviewed by the CDR team. National studies have found that SIDS rates are two to three

time higher among African Americans and American Indians than among whites

(National Center for Child Death Review). While the small number of observations

makes it difficult to draw state level conclusions, disparities by race and ethnicity were

considered by the team. The following figures are shown for comparison and future

study.

Unintentional injuries (accidents) are those that were not planned or inflicted by another

person. Nationally, the leading causes of fatal accidents are motor vehicle collisions,

fires, drowning, falls, and poisoning.

The number of child motor vehicle fatalities

declined sharply in 2008 in Idaho and the U.S.

and has continued to steadily decrease. The

Idaho Department of Transportation cites the

economic recession, higher gas prices (both

resulting in fewer cars on roads) as well as

new funding for safe driving programs as

possible reasons for this decline. The motor

vehicle death rate in Idaho is higher than for

the U.S. overall.

Number of Idaho Accident DNtha to Children (Age<18) by Category. 2011

Firearm. 1 Fals. 1

machinery. 4

There were 39 accident deaths to children occurring in-state in 2011. Nearly one-half of

those deaths were due to motor vehicle accidents. Drowning and boating accidents

accounted for another 9 of these deaths. The 6 accidental suffocation deaths were all to

infants (under 12 months of age) and were discussed in this report's section on

SIDS/SUID.

The team reviewed 6 deaths occurring in Idaho that were the result of an assault. All of these were inflicted to children under the age of 5 years. Of the 6 homicide deaths reviewed, one-half (3) died by abusive head trauma and the other one-half (3) died by firearm shootings.

The National Center for Child Death Review has found that assault deaths most often

occur to children oflow-income, younger parents (under age 30) with emotional or health

problems. Often these factors are interrelated. On a national basis, children under age 5

account for the majority of assault deaths. This research has also shown that fathers and

mothers' male partners are the most common perpetrator of abuse injuries.

Page 26 of40

,.I.

Air et aft ar'ld ,! -. ;-- -


The National Center for Child

Number of Oeath By A9fl Groo p, Thr,.. -Ye ar Aggregate

2009,2011

()daho R<61 ido nt5)

occurring in Idaho in 2011. All of these were to teens between 15 and 17 years of age. All

except one of the victims were male. Nearly two-thirds of these self-inflicted injuries

were from a firearm. In 2011, Firearm injuries (both intentional and unintentional)

resulted in the deaths of 16 Idaho children. While Idaho's firearm death rate over the past

decade was slightly higher than the national rate, the small number of deaths per year

makes it difficult to draw firm conclusions.

Number of Suicides to Children (< age 1a)

In Idaho by Sox, 2011

NumbeT of Idaho A&-sault Vi ctim&.

By Ag Group , 20'11

lnlanl

(<1 year )

2

7.7 Work Activities Countable for Participation Rates . Tribal TANF participants are required

to participate in work activities. The Nez Perce Tribe has developed four categories of work

activities to fit the needs of the participants. The first category focuses on barriers that

participants may have. The second category covers training and education. The third

category will focus on employment and job retention. The fourth category will be other.

7.7.1 Barriers.

• Counseling- including but not limited to- substance abuse, mental health, domestic violence; chemical dependency treatment

• Family counseling

• Anger management

• Time management

• Parenting skills

• Credit counseling

• Family Resource Centers and household management

Page 27 of 40

I

Death Review reports that

adolescent males are four times 400

more likely to complete suicides 350

than females. They conclude that 300

250

males complete suicide more often 200


7.7.2 Training and Education.

• High School

• Reading Skills

• Adult Basic Education and GED course work

• Participation in a job readiness program

• Interviewing skills, resume writing, application completion

• Life skills training

• Basic job search skills

• Actual job search and job retention

• Vocational/Technical training & Higher Education (two years or less)-All

clients pursuing tech training or higher education pertaining to employment will

be required to and assisted in completing a Federal Financial Aid Application and

apply through the Nez Perce Tribe Higher Education Department and Nez Perce

Tribal Scholarships for funding.

• Job skills training

• Education related to employment with successful milestones

• Internships

7.7.3 Employment and Job Retention.

• Employment -subsidized work in private sector

• Non-paid tribally approved work experience activities

• Short term work site training to enhance current work, references, and opportunity

to develop specific job skills).

• On-the-job training.

• Job search activities

• Sheltered/Supported work (work site job skills and job readiness couple with

intensive supervision and counseling).

• Self-employment.

• Non-traditional activities such as: Leaming etiquette at the dinner table, dressing

for formal business meeting, grooming for business interviews, awareness of

other cultures customary manners, poise & presence, learning how to

communicate successfully with all types of people in all kinds of situations,

• Traditional activities, for example: hunting, fishing, beadwork, etc.

• Traditional subsistence gathering

• Provides childcare for another TANF recipient engaged in work requirements. If

that individual is a certified childcare provider with a back ground check

completed.

• Teaching cultural activities.

• Other

7.7.4 Other.

• Transportation. Travel can be counted as a work activity when the work activity

site is 30 miles or more from the participant's home.

• Community Service. A TANF program participant will not displace any other

employee.

Page 28 of 40


7.8 Alcohol/Drug Evaluation Policy. An Alcohol and Drug evaluation is recommended within

six months of participation in the program. The assessment and recommended activities will

be incorporated into the EDP. Random drug tests for participants may be a part of the TANF

program. All TANF "On the Job Trainees" and "TANF Trainees" will be subject to Drug and

Alcohol testing before starting training.

7.9 Psycho-Social Assessment. If the program has services within reasonable distance. Issues

that may be identified include but are not limited to:

• Child abuse/neglect,

• Mental health,

• Family counseling,

• Anger management,

• Batters Intervention Program;

• Self-esteem,

• Self-confidence,

• Problem solving,

• Time management,

• Understanding and accepting parental responsibilities,

• Strengthening parenting skills,

• Understanding relationships,

• Family budgets,

• Credit counseling,

• Personal etiquette

• Relationship management

• Family nutrition,

• Family resource centers and

• Household management.

8. TANF ACTIVITIES

8.1 Documentation and verification by reliable source required for Good Cause Criteria

for Failure to Participate in Assigned Tribal TANF Activities:

8.1.1 Transportation. Good cause will be excused on temporary basis only, until

transportation problem is resolved. If transportation breaks down notify the TANF

program and request assistance with car repair. If Transportation is unavailable because

of participant is not legal to drive or does not own a vehicle transportation will be

provided by the TANF program.

8.1.2 Childcare arrangements. Good cause for non-participation for lack of childcare is

applicable only to a single-parent family and must conform to 45 CFR 286.150.

If childcare becomes unavailable the TANF participant needs to notify the TANF program and request childcare on a temporary basis until permanent child care is established or if child care is unavailable the participant can contact the State Child

Page 29 of40


Care program and request child care. Or contact the Tribal Wrap around Program for

childcare.

8.1.3 Mental or physical illness.

8.1.4 Schedule conflicts with required court appearances.

8.1.5 Severe weather impedes or prevents travel.

8.1.6 Family circumstances or issues preventing participation as evaluated and approved by

the Director of the TANF Program.

8.2 Documented and verified by reliable source Good Cause Criteria for Failure to Accept

or Maintain Employment because:

8.2.1 The work adversely affects: the person's health. This must be verified by a competent

physician.

8.2.2 The work site violates: Health and Safety standards.

8.2.3 The wage does not meet the minimum wage.

8.2.4 Required hours of work are in excess of what is customary for the job and does not

include normal properly compensated overtime.

8.2.5 The job is vacant due to strike, lockout or other labor dispute.

8.2.6 Joining a union is required and the participant has a religious objection.

8.2.7 The job conflicts with the participant's current union membership.

8.2.8 The job referral or employer is discriminatory.

8.2.9 The person quit a job.

8.3 Applying Penalties for Not Complying with Work Activities. At the beginning of each

month, a participant who does not comply or meet the minimum work activity hours for the

previous month will be given. Notice that the first sanction will begin on that following

month. This will begin the sanction process, as defined below.

9. PENALITIES/PROCESS FOR NON-REPORTING

9.1 Family Reporting Responsibilities. The family must report changes in circumstances to the

Department either verbally or in writing, within 10 calendar days from the date the change

becomes known, unless good cause is established. Determination of the good cause will be

reviewed at TANF program staffing and decided upon at that time.

9.2 Penalty for Failure to Report. When a family member does not report a change in: Income,

Resources or family composition, without good cause, the family is subject to the sanction

listed in following subsections.

9.3 Sanctions.

9.3.1 Grant Reduction. A $25 grant reduction can be imposed by the TANF Caseworker,

when: A participant who has experienced a first level sanction fails to correct the

sanction causing behavior Or when a participant commits a substantial program

violation. When this sanction is imposed, the participant is issued a written reprimand

specifying the reason(s) for the sanction and the corrective action(s) that must be taken

Page 30 of40


9.3.2

9.3.3

9.03.3.1

9.03.3.2

9.3.4

to end the sanction. This sanction can be imposed for a maximum of 2 months. The

participant can end the sanction at any time during the sanction period by demonstrating

cooperation with TANF program requirements.

Suspension. Participants who fail to correct their first level sanction causing behavior

within 2 months or who commit a flagrant program violation may cause the suspension

of their families' monthly cash grant. Before this action is implemented, The TANF

Specialist will assess its potential impact on the affected family if children are placed at

risk. The sanction may be modified to allow for direct provider payments for basic need

(e.g. shelter, food, and clothing). The maximum duration for this sanction is 2 months.

Participants can end the sanction at any time by demonstrating to the satisfaction of the

TANF Caseworker that they intend to begin, and will continue, cooperating with the

TANF program requirements.

Termination. Participants who have been subject to a suspension sanction for 2 months

and fail to correct the sanction causing behavior(s) or who commit an extreme program

violation(s) may cause the termination of their families' monthly cash grant. The

termination remains in effect for minimum period of 2 months. After the minimum

period of 2 months of termination, the participants may re-apply for the TANF benefits

and services. The participant will be required to comply with the EDP for a period of 14

days, before receiving cash assistance benefits. During this period the families' basic

needs may be met on an emergency basis:

If the children are at risk; or

Upon the recommendation of the TANF Specialist and concurrence of the TANF

Director or if ethical situations exist from the Social Services Manager.

Termination Due to Fraud. In cases where there has been a termination for flagrant

fraud: e.g., collecting TANF benefits from multiple sources, knowingly providing

fraudulent information when participant was receiving SSI or was employed

independently, the TANF program, at the discretion of the TANF Director and Social

Services Manager, may declare the participants ineligible for a period up to 12 months

or declare a lifetime ban from TANF assistance.

9.4 Changes Affecting Eligibility or Grant Amount. If a family reports a change that results in

an increase, the grant will be increased effective the month after the month of the report. If a

family reports a change that results in a decrease, the grant is decreased or ended effective

the first month after advance notice to the family, unless the change does not require advance

notice

9.5 Underpayment. If the Department is at fault for issuing a payment less than the family

should have received, the Department issues a supplemental benefit for the difference.

9.6 Fair Hearing Request. A family may request a fair hearing to contest a department decision

for acceptance/denial; sanctions, suspension and termination listed.The family must make

the request for a fair hearing within 10 days from the date the notification was mailed by the

Department. A claimant may have a hearing on a case decision if any of the following

applies:

9.6.1 The department has not acted on a request or application for TANF within 21 days of

the application.

9.6.2 The department claims that an earlier TANF payment was an overpayment.

Page 31 of40


9.6.3 The participant is protesting the department's decision to deny, reduce or close grant

benefits.

9.7 Hearing Procedure. The following Subsection is the grievance procedure applicants must

follow:

9.7.1 If participant/applicants are dissatisfied with a decision, they must first request an

informal hearing with the Case Manager within 10 days of the date of notice. The

Quality Assurance Specialist (QAS) may participate. The request must be in writing.

9.7.2 If an applicant is dissatisfied with the case manager's decision, they may request a

hearing within ten (10) days with the Quality Assurance Specialist.

9.7.3 The last appeal step is with the TANF Director; and the family may request:

9.7.4 An administrative review may occur with the Nez Perce Tribal Court according to the

Nez Perce Tribal Law and Order Code 2-5, Subsection 2-5-12, and (pp. 156). The

applicant may be represented, at their own cost, at the hearing. The applicant must

request the hearing within 10 days of the decision of the Social Services Manager.

9.7.5 The date of filing the applicant's notice of appeal:

Is the date it is postmarked or the date it is personally delivered to this office. The notice

of appeal must include applicants name, address, and telephone number. It should

clearly identify the decision being appealed. If possible, attach a copy of the decision to

the notice of appeal. The notice and the envelope in which it is mailed should be clearly

labeled "Notice of Appeal." The applicant's notice of appeal must list the name and

address of the interested parties known to the applicant, and the applicant must certify

that they have sent interested parties' copies of the notice. If the applicant is not

represented by an attorney, they may request assistance from this office in the

preparation of their appeal.

9.7.6 If no appeal is filed according to the time frame above, this decision will become final

for the Nez Perce Tribe at the expiration of the appeal period.

9.7.7 No extension of time may be granted for filing a notice of appeal.

9.8 Continuation Pending Hearing Decision. The family may continue to receive assistance

during the hearing process. If the Department receives the request for continued benefits

within 10 days from the date the notification was mailed. Assistance will be continued at the

current month's level while the hearing decision is pending, unless the 60-month limit is

reached---or another change affecting the family's eligibility occurs

9.9 Application of TAFI Penalties to TANF. TAFI disqualifications/sanctions will not apply to

Nez Perce Tribe TANF participants.

9.10 Overpayment. An overpayment is the portion of a monthly TANF payment issued to a family that exceeds the amount for which the family is eligible. The overpayment may result in a sanction established as described above.

9.10.1 Overpayment and Earned Income. If the Sanction is the result of the family's failure to

report earned income, the Department must use 100% of the family's earned income to

calculate the overpayment.

Page 32 of40


9.10.2 Overpayment Collection. The Department must take all reasonable steps to collect an

overpayment. The remaining adult family members are responsible for an overpayment resulting from one member's sanction, regardless of the family's current TANF eligibility.

9.10.3 Notice of Overpayment. The Department must notify the participant when an

overpayment exists. The notice must inform the participant of mandatory recovery, the

right to a hearing, the method for repayment and the need to arrange a repayment

interview.

10. BENEFIT SERVICES ASSISTANCE

10.1 Forms of Benefits. The regulations at 45 CFR 286.10 (a) defines assistance in the following

manner. The term basic assistance includes cash, payments, and vouchers. Other forms of

benefits designed to meet a family's ongoing basic needs are considered assistance when the

adult(s) are not employed:

• Food,

• Clothing,

• Shelter,

• Utilities,

• Household goods,

• Personal care items, and

• general incidental expenses.

• Transportation and child care provided to a family that is not employed (but is

engaged in TANF work activities) are included under assistance.

Support services such a gas vouchers, job training fees, vocational education costs are non

assistance by definition, they are not intended to meet basic ongoing family needs. As

provided in the regulations at 45 CFR 286.10 (a) (1) Revised 3/4/2011. The same

transportation and child care provided to participants who are employed (but eligible for non

assistance support services by definition in plan) are support services. The Nez Perce Tribe

will use State, Federal, County, and other resources that are available to Tribal TANF

participants, before exhausting Tribal resources.

10.2 Support Services. Support Services are an allowable expense determined by case

management for justified job-related, education-related, wellness or participant/family related

need when the participant is in compliance and in good standing, as evidenced by

participation in their individual Plans or other program requirements. All participants

requesting program support services must show evidence of need.

The list of support services is not inclusive and may expend funds on, but not limited to the

following items listed in this subsection:

10.2.1 Mileage Reimbursement. For travel to and from an approved work activity. Mileage

reimbursement will be $0.58 per mile. Participants will be encouraged to use public

transportation.

Page 33 of40


10.2.2 Minor Car Repair. Deemed necessary to enhance reliability of vehicle to get TANF

participants to maintain satisfactory progress in work activities, job search and

employment. Minor car repair may be authorized on an as needed basis. Car repair will

be processed through a tribal purchase order payable to the vendor.

10.2.3 Transportation. Bus passes for public transportation, may also include purchase or

repair of bicycles.

10.2.4 Work-related Clothing. Appropriate for work activities; interview clothing. Grooming

or cosmetic costs will be an allowable expense for preparation for labor market entry

through job interviewing or placement in subsidized or unsubsidized employment. The

cost will be processed by a tribal purchase order payable to vendor. Maximum per year

$250.

10.2.5 Meal Assistance. To support the concept of providing two nourishing meals per day for

TANF participants engaged in a work activity located within an unreasonable distance

from their home.

10.2.6 Liability Insurance. May be provided if the TANF participant is in non-compliance

with state law requiring liability coverage during a period where private vehicle is

utilized to maintain satisfactory progress with an employment education, training or

employment activity. The Nez Perce Tribe TANF program will allocate funds for the

first six months to start- up a liability insurance plan with check payable to insurance

carrier submitting lowest bid/quote for services. To be determined by actual cost from

Insurance company.

10.2.7 TANF Participant Volunteering Services. At a job site, may be given a monthly

incentive, based on the number of hours worked multiplied by minimum wage. This

incentive will be in the form of a tribal purchase order, payable to the vendor of their

choice, to purchase household goods, clothing, and hygiene supplies. Maximum per

client of $500.

10.2.8 Reinstatement Fees. Will be provided on a one-time basis if the TANF participant is

eligible for reinstatement based on a misdemeanor offense (e.g. 1st/2nd DUI/DWP),

lack of liability insurance for the purposes of removing a barrier to employment

and/or training- Fee is payable to the vendor and determined by the vendor.

10.2.9 Education Attainment Incentives. For successful documented completion of an approved diploma, certificate, degree outlined in their Plan-not to exceed $1,500 in a year.

10.2.10 Fees to Purchase Required Identification. To comply with 1-9 certification based on Immigration Control Act of 1986. Fees payable to the vendor will be processed for state identification and driver's license, or birth certificate when necessary to remove a barrier to employment and/or training, or to qualify for TANF or other forms of Public Benefits-Amount to be determined by vendor.

10.2.11 Tools and Equipment. Necessary for work activities. Purchases not to exceed $750 will be made payable to the vendor with the lowest bid price for items required in the workplace.

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10.2.12 Fees for Licensure and Certification. Including state, federal and local licensure or

certification. Also assist with some marketing costs and minimal start- up costs for self

employment that are reasonable and necessary to start a business (will be reviewed by

the TANF Program for appropriateness).

10.2.13 Required Union Fees. Not to exceed 1/3 of the cost of initiation due and first month

dues (payable prior to first full paycheck).

10.2.14 Relocation Expenses for Employment. Will be an allowable expense to cover the cost

associated with rental to haul household goods, gasoline, meals, lodging to end route. A

stipend based on need for basic needs, e.g. rental deposit, food, utility hook- up, until

first paycheck for permanent or full-time employment-not to exceed $1,000.

10.2.15 Rent. May be an allowable expense if the following situations apply: the TANF family

becomes homeless, to move into a safe home and pay appropriate housing costs for

their children. The TANF family has need for rent/deposit assistance in cases of

emergency such as domestic violence which can be used once per year-not to exceed

$1,500 per year.

10.2.16 Medical Exams. If not covered by Medicaid or Nimiipuu Health and required for work

activities--costs determined by vendor.

10.2.17 Substance Abuse and Mental Health. Counseling (if not otherwise covered by other

resources). In-patient or outpatient to be determined by need--costs determined by

vendor.

10.2.18 Eyeglasses. If not covered by Medicaid or Nimiipuu Health in a reasonable amount of

time--costs determined by need.

10.2.19 Work Experience Stipend. An incentive may be provided to a TANF participant for

successful completion of an approved work experience-not to exceed $500.

10.2.20 School Clothing. May be available to TANF Children in the form of Purchase Order to

local vendors that work with the NPT TANF Program-not to exceed $300.

10.2.21 Child Only Grant. When a Case Worker identifies that family reunification is desired

and deemed reasonable by Nez Perce Children's Protection Services and/or Tribal

courts, TANF funds can be allocated for employment services for either parent to

facilitate child being returned to birth parent(s).

10.3 Diversion Services. If funds are available, this service may be available for Nez Perce Tribal

families who:

• Do not need basic job skills, or other supportive services.

• Have been employed for at least 45 days,

• Are at risk of losing their employment and

• Are strongly considering going on TANF.

• This service may be used up to but not more than three times a year. Payments must

be intermittent and not recurring in consecutive months,

• Household income must not exceed 200% of the current Federal Poverty Level

income guidelines.

• Applicants must provide documentation of need and evidence of how this service will

assist him/her in retaining employment or prevent job loss.

• There will be a $1500.00 limit per year/per family.

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• These services will not pay traffic fines, bills incurred prior to employment or cost

incurred from illegal activities.

In order to receive this service, a person must complete a Diversion Service Application

Form. The Diversion assistance service will be a preventive measure to aid in maintaining

existing employment income of Nez Perce Tribal families.

10.4 Non-recurring Short-Term Benefits. Nonrecurring Short-term Benefits are in essence

"emergency assistance" provided to current TANF recipients. As defined at 45 CFR 286.10

(b)(l) Nonrecurring Short-term Benefits must meet three basic criteria:

10.4.1 Designed to deal with a specific crisis situation or episode of need,

10.4.2 Are not intended to meet recurrent or ongoing needs,

10.4.3 Will not extend beyond four months.

These benefits are specifically excluded from the definition of "assistance" as provided at 45

CFR 286.10 (a) and are considered/ reported as support services.

This "emergency assistance" can be provided to TANF participants to meet extraordinary

needs in addition to any monthly assistance and support services received, without affecting

their income and resource level and eligibility status.

10.5 Transitional Support Services. Tribal TANF participants may be eligible for support

services payments for up to 365 days after they become employed. And are not eligible for

the TANF cash grant due to excess income (e.g. income that exceeds the Tribal TANF

eligibility standards). Job Retention Incentives may be provided for individuals transitioning

from a cash grant benefit who are able to maintain employment (and provide verification) at

the following intervals: Upon reported and verified employment - "six (6)" months $500;

and "twelve (12)" months - $1,000. This incentive is given in voucher form to a local retailer

of their choice. Incentives may NOT be used to purchase ALCOHOL, TOBACCO,

FIREARMS. Job Incentives will be allowed only once upon verified employment, unless

good cause for failure to retain employment is established

10.6 Child Care. Families are eligible for the Idaho Child Care Program, IDAPA 16.06.12, if

child care is needed for a parent or caretaker relative to participate in Employability

Development Plan activities. They are also eligible for the Nez Perce Tribe Child Care

Development Fund; if eligible for both, the participant has right of choice. Child care is

available for training offered by TANF.

11. NOTIFICATION

11.1 Department Notification Responsibility. Written notices must be provided to a family

whenever eligibility or the grant amount changes. The notification must state the effective date and the reason for the action, the rule that supports the action, and the family's appeal rights.

11.2 Advance Notification Responsibility. Whenever a reported change results in a grant closure or decrease, the Department must provide written notification at least 10 calendar days before the effective date of the action

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11.3 Advance Notification Not Required. Notification must be provided by the date of the

action, but advance notification is not required when a condition listed in following

Subsection exists:

11.3.1 Family Requests. The family requests closure of the grant in writing.

11.3.2 Family Member(s) in Institution. A family member is admitted or committed to an

institution.

11.3.3 Family's Address Unknown. The family's whereabouts are unknown and Department

mail is returned showing no known forwarding address.

11.3.4 TANF Received in another State. A family member is receiving TANF in another state

11.3.5 Child Removed. A child family member is removed from the home due to a judicial

determination.

11.3.6 Intentional Program Violation (IPV). An IPV disqualification begins the first month after

the month the member receives written notice of disqualification

11.3.7 Failure to report changes in Family circumstances such as:

• Income;

• Resources; or

• Family composition

11.4 Temporary Absence. Eligible individuals may be temporarily absent from the home for a

reasonable period not to exceed 30 days but will not be included in grant.

11.5 Notification Requirement. The Department will notify the household, in writing, of the

approval or denial of the application and the right of appeal, if applicable, within 21 days of

received application.

11.6 Retrocession. If the Nez Perce Tribe ever needs to retrocede the program, they will comply

with all applicable TANF regulations and related laws as specified in 45 CFR 286.30

11.7 Fiscal Accountability. For each fiscal year during which the Nez Perce Tribal TANF

Program receives or expends funds pursuant to a block grant under Section 412 of Title 1 -

Block Grants for Temporary Assistance for Needy Families, the fiscal accountability

provisions of Section 4(f)(1) of the Indian Self-determination and Education Assistance Act

(25 U.S.C.450C9(f)(l), relating to the submission of a single agency audit report required by

chapter 75 of Title 31, United States Code, applies. 45 CFR 286.75(h)

11.8 Data Collection & Reporting. Nez Perce Tribe will comply with all statutory and regulatory

data collection and reporting requirements pertinent to the TANF Program 45 CFR 286.245

11.9 45-Day Comment Period. The Nez Perce Tribe held a 45-day comment period from

September 1 thru November 1, 2019 in accordance with 45CFR286.75(a)(6). All comments

were evaluated and reflect when appropriate in this plan

11.10 Employment Safeguards. A TANF participant cannot take a job which will displace another

employee. If this happens, notice is to be made to the TANF Program Manager, who will

evaluate the situation and take the appropriate corrective action. See 45 CFR 286.100.

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12. DEFINITIONS

12.1 Assistance. Cash, payments, vouchers, and other forms of benefits designed to meet a

family's ongoing basic needs (i.e. for food, clothing, shelter, utilities, household goods,

personal care items, and general incidental expenses) given to TANF participants. Payment

for childcare and transportation for families who are unemployed is also Assistance.

12.2 Applicant. An individual, representing their family, who applies for Temporary Assistance for

Needy Families,

12.3 Case Management. Activity of Specialist in assessing the client - problems, case planning,

coordinating and linking services for clients, monitor service provisions, client progress,

advocacy, tracking and evaluating services and may include resource development and

providing other direct services.

12.4 Case Manager. Works directly with participants in assessing, assisting, and addressing the

needs of the family.

12.5 Department. The Nez Perce Tribe Social Services Department.

12.6 Earned Income. Earned Income is the money amount or in-kind benefit received by an

individual as a result of performing services; it is income an individual earns as a result of

his/her own efforts. Earned income may come from employment, business, property

management, retirement, free housing and utilities, and other sources, which is actually

available to meet essential need. Earned income is gross earnings before deductions for taxes

or any other expenses. In-kind income means goods or services which are provided in lieu of

money for services rendered. In-kind payments for child support shall be documented based

on the value established by the child support program for purposes of determining monthly

support but shall be passed through to the families and not deducted against monthly eligibility.

12.7 Unearned Income. Income received from sources other than employment or self-employment, such as Social Security, unemployment insurance, and worker' compensation. Child support financial payments will be reported as an approved dollar amount pass through payment directly to the families.

12.8 Family Service Plan (FSP). An outline of activities the Participant and the Department will

complete towards achieving the goal of the family obtaining self-sufficiency, identifying the

expectations a family must meet to continue to receive TANF, and identifying the resources

available to support the participant's self-reliance plan.

12.9 Good Cause. The conduct of a reasonably prudent person in the same or similar circumstances, unless otherwise defined in these rules.

12.10 TANF Immediate Family Member. An immediate family member is considered one of the following, as related to the child: Mother, Father, Sister, Brother, Son or Daughter, Grandmother, Grandfather, Uncle, or Aunt.

12.11 Child only grant. TANF grant for child only is to benefit the child, encourage involvement with school activities, education.

12.12 Non-Needy Caretaker Relative. Relative as defined in 5.01 who has legal or voluntary custody of children. Non-needy is defined as a family that is not eligible to be on TANF because of income.

12.13 Parent. The mother or father of the dependent children.

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12.14 TANF Participant. An individual who has signed an Employability Development Plan and

who has agreed by signing contract to maintain the compliance of the TANF program.

12.15 Transitional Family. A TANF family who is transitioning from the program to employment

12.16 Pending. Temporarily not active TANF family.

12.17 Prevention Activities. Activities that include TANF participants, community, schools, family

and children.

12.18 Support Service. Support Service is a service in addition to cash assistance.

12.19 Work Experience. experience received with hands on activities from verified employers or

trainers.

12.20 Reasonable Distance. 30 miles or less one way.

12.21 Needy. To be eligible for the TANF program with earned income which is counted at "fifty

percent (50%)" the family has to be at or below "six hundred and eighteen dollars ($618)" per

month.

12.22 Family. Custodial parent and at least one child of 18 or younger and or (a child 19 or if that

child is still in high school).

12.23 Tribal Family. A Nez Perce enrolled tribal member living in a common residence whose

income and resources are considered in determining eligibility and grant amount.

12.24 Family. Custodial parent and at least one child of 18 or younger and or (a child 19 or if that

child is still in high school).

12.25 Tribal Family. A Nez Perce Enrolled Tribal member living in a common residence, whose

income and resources are considered in determining eligibility and grant amount, and who may

be included in the family unit.

13. ABBREIVATIONS

13.1 AABD. Aid to the Aged, Blind and Disabled

13.2 ACF. Administration for Children and Families

13.3 CPS. Child Protection Services

13.4 CSS. Child Support Services

13.5 DAP. Drug & Alcohol Program

13.6 ECA. Extended Cash Assistance

13.7 ECDP. Early Childhood Development Program

13.8 EDP. Employability Development Plan

13.9 EITC. Earned Income Tax Credit

13.10 FVO. Family Violence Option

13.11 HUD. The U.S. Department of Housing and Urban Development.

13.12 ICWA. Indian Child Welfare Act.

13.13 MOE. Maintenance of Efforts

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13.14 NPTEC. Nez Perce Tribal Executive Committee

13.15 NPT CSEP. Nez Perce Tribe Child Support Enforcement Program

13.16 OJT. On-the-Job Training

13.17 RSDI. Retirement, Survivors, and Disability Insurance

13.18 SSN. Social Security Number

13.19 SSI. Supplemental Security Income

13.20 TAFI. Temporary Assistance for Families in Idaho

13.21 TANF. Temporary Assistance to Needy Families

13.22 TERO. Tribal Employment Rights Office

13.23 VA. Veterans Administration

13.24 WEX. Work Experience

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