Child Care Subsidy Policy Manual

Section 1. Authority

W.S. 42-2-103(b)(xiv) and W.S. 16-3-101-106 et. seq. authorizes the Department of Family Services (DFS) to promulgate rules and regulations to be used by DFS in the discharge of its functions.

Section 2. Purpose

These rules are adopted to standardize DFS’s purchase of child care in Wyoming.

The Wyoming Child Care, Purchase of Service program is a public assistance program for low income families who need child care services in order to work or attend approved educational or training programs. Child Care, Purchase of Services is funded through a federal block grant and with state dollars.

Section 3. Severability

If any provision of these rules or the application thereof to any person, program, service or circumstance is held invalid, the invalidity shall not affect other provisions or applications of these rules. To the extent that these rules can be given effect without the invalid provision, the provisions of these rules are severable.

Section 4. Definitions

Section 5. Application Process.

The following process shall be followed by the DFS-FO when an applicant makes a request for Child Care assistance:

(a) A DFS application form shall be provided or mailed on request during regular business hours when a current application form is not on file in the DFS-FO.

(b) A signed application form shall be accepted by the DFS-FO and date stamped upon receipt during regular business hours.

(c) A face-to-face or telephone interview shall be required with the applicant who has not already had an application intake interview.

(d) A separate application shall be required for each assistance unit.

(e) Applicants shall be informed of their rights and responsibilities, program requirements and benefits.

(f) Applicants shall be provided with consumer information upon request concerning informed choices of quality child care.

(g) Applicants shall be provided with a list of licensed child care providers upon request.

(h) Applicants shall be informed concerning the provider licensing registration requirements and enrollment of providers for payment.

(i) Applicants shall be advised what verification or documents are needed to complete the processing of the application and provider enrollment and shall be given up to ten (10) days to furnish the information.

(j) A decision on the application shall be made within 30 calendar days of the application date.

(i) Payment for 30 days of licensed child care services shall be assured when the assistance unit appears to be presumptively eligible based on the parent(s)/caretaker(s)’s statement on the DFS application.

(ii) An application shall be approved when an applicant is found to be eligible and there is a child care need.

(iii) An application shall be denied when:

(A) An applicant is found to be ineligible or has failed to cooperate in establishing program eligibility, has withdrawn the application, died or cannot be located;

(B) The care was not provided by an approved provider; or

(C) There was not a child care need because the parent(s)/caretaker(s) was not working, attending an approved educational or training program or meeting POWER or E & T work requirements.

(k) Documentation of the action taken on the application and the reason for the action shall be made in the case file.

(l) Applicants shall be notified in writing of any action taken on their applications.

Section 6. Applicant Rights

(a) The applicant has a right to apply for child care assistance:

(i) Upon request and without delay during regular business hours at the DFS-FO in the county of residence on the prescribed form(s) obtained in person or by mail;

(ii) To be accompanied or represented by person(s) of his/her choice; and

(iii) To request and receive assistance in completing an application or obtaining required verification.

(b) The application and other personally identifiable information shall be kept confidential and not be disclosed except as necessary to determine eligibility, to pay the provider or as required by state or federal law.

(i) The use or disclosure of information concerning clients shall be limited to purposes directly connected with:

(A) The administration of DFS or Social Security Income (SSI) programs. Such purposes include establishing eligibility, determining the amount of the child care payment and approving the child care provider for payment.

(B) Any investigation, prosecution, criminal or civil proceeding conducted in connection with the administration of such programs.

(C) The administration of any other federal or federally assisted program which provides cash or in-kind assistance or services directly to individuals on the basis of need.

(D) Any audit or similar activity conducted in connection with the administration of any such program by any governmental entity which is authorized by law to conduct such audit or activity.

(E) The administration of the state unemployment compensation program.

(F) The administration of the state’s worker’s compensation program as related to providers.

(ii) DFS shall report to Immigration and Naturalization Services (INS) the name and address and other identifying information on any individual who is known to be unlawfully in the U.S.

(iii) The following types of information to be safeguarded include, but are not limited to:

(A) The names and addresses of applicants/recipients and amount of child care payments provided.

(B) Information related to the social and economic conditions, including homelessness, or circumstance of a particular individual including information obtained from the Internal Revenue Services and Social Security Administration (SSA) which shall be safeguarded in accordance with procedures set forth by those agencies.

(C) Agency evaluation of information about a particular individual.

(D) Medical data, including psychological evaluations. All medical information shall be directly released by the medical professional. Medical information shall not be released without written authorization from the medical professional.

(c) Applicants/recipients shall be informed in writing or verbally of:

(i) Eligibility factors, verifications and documents needed to process the application and allowed up to 10 days to submit the requested verification or document.

(ii) The purpose and length of time for which assistance is provided.

(iii) The rights and responsibilities of applicants/recipients.

(iv) The freedom of parental choice to select the child care provider within the following limitations:

(A) The client cannot change child care providers more than six (6) times within a 12 month period unless there is good cause per Section 12 of these rules; and

(B) The selected child care provider shall meet all the Child Care Provider Eligibility and Payment Requirements as stated in Section 14 of these rules.

(v) The right to request an administrative hearing within 30 days from the date of an adverse notice.

(A) The Child Care payment shall not be authorized pending the administrative hearing decision on a client request for a hearing.

(B) All child care administrative hearing processes shall be pursuant to Chapter 1, DFS Contested Case Hearing Procedures Rules and/or Administrative Hearing.

(vi) The right to receive consumer information concerning the selection of quality child care.

(vii) The right to receive a list of licensed child care providers upon request.

(viii) The right to unlimited access to providers and to their child(ren) during the normal hours of provider operation and whenever the child(ren) are in the care of the provider.

(ix) The right to register a complaint against a provider. Complaints shall be referred to the appropriate Child Protective Services, Child Care Licensing or Fraud and Recovery Unit for investigation.

(d) The client has the right to a written notice concerning a decision on an application or on any adverse action. See notification requirements in Section 10 of these rules.

(e) The applicant/recipient has the right to reapply following denial or termination of benefits.

(f) A minor parent has the right to apply on his/her own behalf.

Section 7. Program Responsibilities

(a) Client responsibilities:

(i) Complete an application in the manner and form prescribed by DFS. The application shall:

(A) Be dated.

(B) Provide an answer to the questions asked on the application and provide verification to support the answers.

(C) Be signed in ink, under penalty of perjury, by the applicant or the applicant’s representative.

(ii) Cooperate with the process of determining initial and ongoing eligibility by providing:

(A) Information essential to reach a decision on eligibility.

(B) Documents for required verification including estimated hours of child care need and the reason for the need.

(C) A written statement authorizing a person to represent the applicant or other assistance unit adults if desired.

(D) Verification of any changes within 10 days of the change which may affect eligibility or benefit amount. If the change is not reported within the 10 day reporting period, any increase in child care benefits resulting from the change shall be effective the date the change was reported.

(E) Verification as specified by DFS to establish the child care provider’s eligibility for payment.

(F) Verification of compliance with other DFS Assistance Programs and Medicaid.

(b) DFS responsibilities:

(i) Assure child care requirements have been met and established procedures have been followed.

(ii) Inform the clients concerning their rights and responsibilities as outlined in Sections 6 and 7(a).

(iii) Provide an application in the manner and form prescribed by DFS upon request during regular business hours.

(iv) Make a decision on the application within 30 days of the application date and provide the client with written notice concerning the decision.

(v) Act on reported changes immediately to assure either child care services continue or assistance is terminated.

(vi) Assure the provider has completed the licensing or registration process and has been enrolled for payment.

(vii) Coordinate the authorization of services with the work program case managers or Child Protective Services (CPS) to assure the client’s child care needs are met.

(viii) Review the child care case for possible continuation of child care payments when a POWER, Medicaid or SNAP case has been closed because of increased earnings.

(ix) Audit the billing form using DFS procedures.

(x) Assure payments within 30 days of the bill submission date.

(xi) Assure overpayments have been instituted promptly and within the established guidelines.

(xii) Establish a procedure for handling client and provider complaints.

(xiii) Provide client with notice of any adverse action.

Section 8. Eligibility Factors

(a) Each factor of eligibility shall be verified.

(b) Approved cases shall include documentation in the case file as to how each eligibility factor was met and the amount of payment.

(c) The application shall be denied or assistance terminated when eligibility cannot be determined because the applicant/recipient refuses to provide the requested documentation or the written consent to obtain the documentation.

(d) Denied cases shall include documentation in the case file of the reason(s) for the denial.

(e) The following eligibility factors shall be met:

(i) Eligible persons.

(A) Child care assistance shall be available for a child who is under age 13 years, a child over 13 who has special needs, is developmentally delayed, is physically or mentally incapable of caring for himself or herself as verified by a physician or licensed or certified psychologist, or under court supervision.

(B) Child care assistance is available only to children who live with their parent(s)/caretaker(s) when the parent(s)/caretaker(s) is participating in an approved activity outside the home.

(C) Child care assistance shall be available only when the child(ren)’s parent(s)/caretaker(s) participates in at least one (1) of the following approved activities outside the home:

(I) Employment;

(II) Employment Training program;

(III) Educational program, including high school or high school equivalency;

(IV) POWER work requirement;

(V) SNAP E & T activity; or

(VI) Temporary Job Search.

(D) Child care assistance shall be available for a child(ren) in a two (2) parent/caretaker assistance unit when both parents/caretakers are participating in an approved activity during the same hours.

(E) Child care assistance shall be available for a child(ren) in a two (2) parent/caretaker assistance unit when one (1) parent/caretaker is disabled and unable to care for the child(ren) if:

(I) Child care is necessary to allow the other parent/caretaker to maintain employment;

(II) The disability and the parent/caretaker’s inability to care for the child(ren) is verified by a medical professional;

(III) Verification has been submitted to document the parent with the disability is following prescribed medical treatment; and

(IV) The assistance unit is pursuing and accepting any other available resources to move the assistance unit toward self-sufficiency.

(F) Child care assistance shall not be available to an assistance unit if fraud against DFS has been established in a court of law or by a DFS hearing officer. The assistance unit is ineligible until all penalties have been served and full restitution has been made.

(G) Child care assistance is not available when the parent(s)/caretaker(s) fails to remain eligible for POWER, SNAP or Medicaid by noncooperation with program requirements. The client is ineligible for child care assistance until he/she:

(I) Cooperates with the POWER, SNAP or Medicaid program requirements; or

(II) Has not received a POWER payment within 30 days and becomes employed 20 or more hours per week.

(H) Child care assistance is available for a child(ren) whose parent(s)/caretaker(s) is attending an approved educational program, including college undergraduate study when:

(I) The parent(s)/caretaker(s) is making satisfactory progress;

(II) The educational program does not exceed the first associate or baccalaureate degree unless the associate degree was received while the parent(s)/caretaker(s) was pursuing a baccalaureate as the original employment goal; and

(III) The parent(s)/caretaker(s) has been receiving child care while working on an associate degree program for no more than three (3) years, or no more than six (6) years while working on a baccalaureate degree. When the parent(s)/caretaker(s) has been employed and has been working an average of more than 30 hours per week while attending school, the length of time to complete an associate’s degree may be extended to five (5) years and a baccalaureate degree to eight (8) years.

(I) Child care assistance is available for a child(ren) whose parent(s)/ caretaker(s) is self-employed and working outside of his/her home.

(J) Child care assistance is available for a foster child(ren) whose foster parent(s) is participating in an approved activity.

(K) A minor parent(s) who lives with his/her parent(s) may receive child care assistance if the minor parent(s) and her/his parent(s) are all working or attending an educational program during the same hours.

(L) Child care assistance is not available to fugitive felons.

(M) Child care assistance is available when an overpayment has been established and the parent(s)/caretaker(s) is in compliance with the repayment agreement or made full restitution unless the parent(s)/caretaker(s) has been found guilty of fraud in a court of law or by the DFS hearing officer.

(N) Child care assistance is available for a child(ren) living in an assistance unit whose income is within the Sliding fee Scale in Appendix A:

(I) The assistance unit shall qualify for assistance in step one (1) through step four (4) at the initial eligibility determination; and

(II) The assistance unit shall may continue to receive assistance in steps five (5) and six (6) when the gross income has increased due to employment.

(ii) Residency and identification:

(A) Except for migrant working families, families shall be Wyoming residents.

(B) The assistance unit shall not be receiving assistance from another state.

(C) Proof of identity for each applicant/recipient and eligible child is required.

(D) The eligible child must be:

(I) A citizen of the United States; or

(II) A legally residing alien as defined by law.

(E) A Social Security Number is not required for an applicant or recipient of child care assistance.

(iii) The composition of the assistance unit shall be determined based on the following:

(A) Parents/caretakers and their spouses shall be included along with their child(ren), foster child(ren) or child(ren) whom they are caring for pursuant to a legal court order;

(B) When three (3) generations are included in a POWER payment, all of the recipients of the POWER payment shall be included in the assistance unit;

(C) A minor parent and his/her child shall be considered as a separate assistance unit from the minor’s parents unless (B) above applies; and

(D) All minor siblings living in the same household shall be included in the same assistance unit regardless of the marital status of their parents unless one of the siblings meets the criteria in (C) above.

(iv) Income. The income criteria in Appendices B and C shall apply in addition to the following special considerations.

(A) The parent’s income shall be considered in determining eligibility for child care services.

(B) The caretaker’s income shall be considered according to the court order. The caretaker’s voluntary contribution statement is used when there is no court order.

(C) A foster parent’s income shall not be considered in determining eligibility for a foster child.

(D) Income eligibility shall be determined prospectively using the best estimate of income which shall be available during the payment month(s).

(I) The current month’s ongoing gross income shall be used as the best indicator for the assistance unit’s eligibility. Any other income which shall be received during the benefit period shall be calculated as anticipated. The sources of income shall be converted to a monthly average for the benefit period.

(II) Past months shall be considered as an indicator of the types of income that may be received during the benefit period for prospective budgeting when income is received periodically.

(III) To determine prospective monthly income add the total of the following:

(1.) Anticipated monthly income.

(2.) Multiply the amount by number of the times it is expected to be received within the benefit period unless the income can be excluded as infrequent or irregular. Divide that amount by the number of months in the benefit period.

(3.) Divide the total amount of income specified in an annual employment contract, regardless of the amount paid monthly, by 12 to arrive at a monthly average.

(4.) Gross income from weekly amounts shall be multiplied by 4.3; bi-weekly amounts by 2.15; semi-monthly amounts by 2 and monthly amounts by 1.

(5.) Deduct $200.00 from the earned income of each working adult in the assistance unit.

(6.) The monthly amount is rounded up to the nearest dollar.

(E) The following income to the assistance unit shall be considered and verified in determining eligibility:

(I) The income of all assistance unit members living together.

(II) The income of the minor child who needs child care and the minor parent.

(III) Income of a child(ren) who is ineligible for child care assistance is not counted.

(IV) The income of an adult who has a court order giving legal responsibilities and/or legal guardianship and who is exercising the care and control of the child(ren) is exempt unless there is a court order specifying the individual is financially responsible for the child(ren).

(F) The criteria in Appendix B shall be used to determine if the income is exempt or nonexempt using the following special considerations.

(I) Accumulated vacation and sick pay shall be countable when the money is paid to the individual.

(II) Burial fund is countable when the money withdrawn from a burial fund is used for a purpose other than burial expense.

(III) Contributions to the assistance unit shall be countable.

(1.) The amount of the contribution of a non-financially responsible person living with the assistance unit shall be used according to that person’s written statement.

(2.) The amount of the contribution of anyone living elsewhere shall be used according to his/her written statement.

(IV) Death benefits shall be nonexempt when the amount received exceeds the deceased person’s last illness and burial expenses.

(V) Infrequent or irregular income including gifts and interest, which cannot reasonably be anticipated, shall be in the form of cash or check and is received only once during a calendar quarter, shall be exempt when the total does not exceed $50 per individual in the assistance unit.

(VI) Insurance Settlement - Money received by a person(s) from a company for damage of property or person for trauma is income. Any cash received from medical or liability insurers for medical services already received by the individual is not income. However, any amount received which exceeds the actual cost of the medical expenses shall be counted as unearned income.

(VII) Lump sum.

(1.) The total amount less legal fees required to make the money available and less the amount designated by the payer or source for medical expenses shall be considered.

(2.) A lump sum (one-time payment) may cause a recipient to become ineligible or eligible for reduced benefits if the amount cannot be excluded using the infrequent and irregular policy.

(3.) The period of ineligibility or reduction, when appropriate, begins the month following the month the lump sum is received.

(4.) The period of ineligibility shall be determined by dividing the lump sum amount by the maximum income limit on Appendix A plus one dollar ($1.00) for the assistance unit size.

(5.) The result is the number of months the assistance unit shall be ineligible for child care assistance. Any fractions shall be rounded up.

(6.) A shortened period of ineligibility shall be allowed in the specified situations and under the specified conditions:

a. First, one (1) of these situations shall exist:

(i) The assistance unit incurs and pays medical expenses not covered by health insurance or a third party.

(ii) A disaster beyond the control of the assistance unit which causes the lump sum to become unavailable to the assistance unit.

(iii) The lump sum was received from an insurance policy payable because of a loss or reimbursement for the actual cost of replacement. It does not include payment received for "pain and suffering."

(iv) The lump sum payment was issued in error and written verification from the payer is received indicating the client is required to return the lump sum money.

b. Second, one (1) or more of these conditions shall be met:

(i) The lump sum was spent for food, clothing, and/or shelter prior to when the disaster occurred; and

(ii) The lump sum has been or shall be spent for expenses related to the situation; and

(iii) The assistance unit has no other income to meet the expenses of the disaster.

(VIII) Self-employment - The net income shall be determined by subtracting the business expenses from the gross income.
(1.) To determine farm self-employment net income, operating expenses from the operation of a farm by a person on his account, as an owner, renter, or sharecropper shall be subtracted from the gross receipts. Gross receipts include the value of all products sold, government crop loans, money received from the rental of farm equipment to others, and incidental receipts from the sale of wood, sand, gravel, and similar items. Operating expenses include cost of feed, fertilizer, seed and other farming supplies, rent, interest on farm mortgages, farm building repairs, farm taxes (not state and federal income taxes) and similar expenses. The value of fuel, food or other farm products used for assistance unit living shall not be included as part of net income.

(IX) Veterans’ Administration (VA);

(1.) Service connected disability payments are exempt when the compensation on an annual basis is not more 100% of the federal poverty level (FPL) as determined by Office of Management and Budget (OMB). Use the full amount when it exceeds 100% of the FPL.

(2.) The portion of the payment made under the Veterans’ Educational Assistance Program (GI Bill) actually used for items such as tuition, books, fees and other costs necessary for school attendance is exempt if the same expense is not covered by another loan, grant, scholarship or program.

(3.) All other payments made through the VA shall be nonexempt.

(G) Income eligibility shall be determined as follows:

(I) Income levels shall be re-determined at least once every 12 months, or more often when a change of circumstance occurs.

(II) All countable income including gross earnings and cash benefit programs paid to the client shall be included.

(III) All income shall be budgeted prospectively.

(H) Any amount of money given to eligible clients by their employer or any other person, for the purchase of child care shall not be counted as income when determining eligibility.

(v) Resources shall not be considered in determining eligibility.

Section 9. Benefit Computation

(a) The client or child care provider shall be required to use the method or form prescribed by DFS to report child care expenses and to submit it to DFS.

(b) All bills shall be reviewed for auditing purposes prior to authorizing payment for child care services.

(c) The following steps shall be used to determine the DFS payment level:

(i) Determine the type of child care provider.

(ii) Determine the actual charge for child care.

(iii) Compare the actual charge to the DFS market rate for the type of care used and the state maximum limit.

(iv) Authorize the payment based on the Department’s directive on maximum payment.

(v) If the actual charge exceeds the local market rate or State limit, the client is responsible for the balance.

(d) Participants in the SNAP E & T program shall be limited to child care assistance as outlined for the E & T program unless the subsidy payments are made through the CCDF.

(e) A part day or full day slot shall be purchased for days the parent(s)/caretaker(s) is participating in an approved activity when the licensed child care facility has payment policies which require private pay customers to purchase a child care slot.

(f) When a full day has been authorized at a facility with full day rates, child care shall not be authorized at a second facility during the period of time that the full day began and ended at the first facility.

(g) Payment shall be based on the actual time the recipient is actively participating in work, employment training, an educational program, a POWER work requirement activity, or a SNAP (E & T) component activity.

(i) Subject to the availability of funds, recipients in an approved education program shall be provided at least two (2) hours of dependent day care, if needed, for each hour the applicant is required to be in class, laboratory or other required instructional activity not to exceed the statewide maximum limit.

(ii) Child Care benefits for self-employment activities shall be calculated by dividing the monthly net income by the federal minimum wage prior to deducting the earned income disregard. The result is the number of child care hours which may be authorized per month.

(iii) One (1) hour per day for lunch, if it occurs during the activity schedule, is allowed except for those participating in a SNAP E & T component.

(iv) No more than 12 hours per month for a maximum of two (2) months in each 12 month period for SNAP E & T individual job search is allowed.

(v) Child care hours for the time the client participates in a POWER work requirement activity as verified by the POWER work requirement case manager are allowed.

(vi) Up to one (1) hour per day shall be allowed when needed for transportation time to the child care provider and the work activity.

(vii) Child care shall only be provided for classes that are required to complete the degree or program.

(viii) Time for special situations as indicated by the instructor as part of the class work can be allowed.

(ix) No time shall be allowed for study time.

(h) Payment for child care services cannot exceed 16 hours in a 24 hour day unless:

(i) Overnight travel is necessary for the parent(s)/caretaker(s) to accept or maintain employment, and

(ii) The absence of the parent(s)/caretaker(s) does not exceed 30 days.

(i) Payment to hold a child care slot, for days and/or hours the parent is not participating, in an approved activity shall not be allowed unless contracted by DFS as part of an expansion/collaboration project.

(j) Duplicate payment by DFS when child care is paid by other programs, agencies or persons shall be prohibited.

(k) The amount given to the client or child care provider by another source for child care shall be deducted from the bill prior to DFS payment of the bill.

(l) Payment of child care for arrangements not authorized by DFS shall be the sole responsibility of the client.

(m) Payment shall be made directly to the child care provider and not to the client.

(n) Payment to the provider shall be made based on the provider’s usual rate schedule for private pay customers shall not exceed the provider’s daily, weekly, or monthly rate and shall not exceed the part day and/or full day rates established by the provider for DFS purposes, whichever is less.

(o) Payment rates based on the child’s age shall be determined by the child’s age on the first day of the month.

(p) Payment for substitute providers shall be the responsibility of the provider who hired the substitute.

(q) DFS-FO worker shall authorize payment on the DFS computer payment system.

(r) DFS has no responsibility for unpaid bills for child care fees charged above the DFS rates or for the collection of the parent(s)/caretaker(s) obligation for the cost of care.

(s) Rates for all child care program categories except payments made with SNAP E & T funds shall be based on sliding fee scale in Appendix A.

(t) Payments subject to SNAP E & T regulations are limited to $200 per month for infants and $175 per month for children two (2) years or older.

(u) Up to an additional $250 per month may be paid for providing special needs services for the care of a child with documented physical or psychological special needs.

(i) The special needs shall be verified and specified by a medical professional.

(ii) The provider shall submit proof of specialized education, experience and/or training to meet the special needs of the child from an appropriate professional.

(iii) The parent(s)/caretaker(s) shall apply for and accept any services which are available to meet the special needs before special needs child care can be approved.

(iv) A DFS or contract supervisor shall approve the payment.

(v) Special needs child care is not respite care.

(v) Payment starting date for new cases is the date of the child care application, the date the child first enters care, or the date the parent began the approved activity, whichever is later when the provider has met the provider eligibility requirements during the 30 day application processing time.

(w) Payment starting date for ongoing cases when a provider change is made shall be the date the change occurred when the Provider Registration process is completed within the 10 day period for reporting changes. If not completed within 10 days of the change, the date shall be the date Provider Registration is complete.

(x) When 10% of the CCDBG funds are remaining, only the following shall be eligible: assistance units where the parent(s)/caretaker(s) is working with income through step two (2) of the sliding fee scale in Appendix A and children in all steps who have special needs.

Section 10. Benefit Period

(a) Authorization begins with the date of the child care application, the date the approved activity begins, or the date the child first entered child care, whichever is later. The provider shall meet the provider eligibility requirements during the 30 day client application processing time or during the client change of report period.

(b) When there is presumptive eligibility for child care assistance, payment shall be assured to a licensed child care facility for 30 days to allow for application processing.

(i) A notice of presumptive eligibility shall be issued to the provider within seven (7) working days from the date of application.

(ii) Child care assistance shall be authorized within 30 days from the date of application.

(A) If documentation of circumstances shows the assistance unit to be eligible, up to 12 months of child care shall be authorized from the date of application.

(B) If documentation of circumstances shows the assistance unit to be ineligible, only 30 days of child care assistance shall be authorized and the application shall be denied for continued assistance.

(iii) Authorization for assistance based on presumptive eligibility shall not be made more than once in a 12 month period.

(c) Child Care benefits shall not be authorized for more than 12 months at a time.

(d) Child Care benefits for students shall be authorized according to the length of time their studies are scheduled (i.e. college - length of time per semester; vocational class - length of time expected to complete) not to exceed 12 months at a time.

(e) Child Care benefits for seasonal workers shall be authorized according to the type of work and expected length of time the work shall continue.

(f) Child Care benefits for POWER work requirements and/or E & T activities shall be authorized according to the schedule established by the assistance unit’s POWER work requirements and/or E & T worker but for no longer than (12) months at a time.

Section 11. Notification

(a) Applicants of child care assistance shall be notified in writing within 30 days of the date of application the application has been approved and the amount and duration of the programs or the reason for denial of the application.

(b) Recipients of child care assistance shall receive written notice of action when benefits are reduced or terminated. The notice shall give the effective date and reason for the action.

(c) Written notice of reduction or termination of benefits shall be mailed to be received no later than the effective date of action or the date payment is made. The notice shall include the applicable legal citations and the recipient’s rights to an administrative hearing.

(d) It is the client’s responsibility to complete the Child Care Review prior to the expiration of the eligibility period to ensure continuity of benefits. DFS is not required to send reminder notices when the authorization or eligibility period is ending.

Section 12. Good Cause

(a) Good cause for changing child care providers more than six (6) times in a 12 month period shall be:

(i) The provider no longer provides child care services.

(ii) The child care provider is required to be licensed but is no longer licensed.

(iii) The provider is ill and unable to care for the child(ren) temporarily.

(iv) The child’s special needs are not being met by the current provider.

(v) Imminent danger to the child.

(vi) Other factors as determined by DFS-District Manager.

(b) Good cause for untimely reporting/verifications shall be:

(i) The applicant/recipient was out of town due to illness or death of a parent, grandparent, child, grandchild or sibling during the timely reporting period.

(ii) The relative/caretaker or child in the household was in the hospital during the timely reporting period.

(iii) The postmark on the envelope proves the information, change report and/or verification(s) was late due to problems in the postal service.

(iv) Circumstances of weather or disaster prevented the delivery or return of the information, change report and/or verification(s).

(v) Other circumstances beyond the parent’s/caretaker’s control for which no alternative was available.

Section 13. Overpayment, Recovery or Fraud Referral

(a) An overpayment claim shall be filed against an assistance unit when it is discovered the assistance unit received benefits to which it was not eligible.

(b) The overpayment shall be established from the date the overpayment occurred.

(c) An overpayment claim shall be filed against a child care provider when:

(i) The provider overcharged the agency.

(ii) The provider misrepresented or gave false information on the Bill for Child Care Services.

(iii) The provider hired a person as a substitute who did not meet the substitute definition.

(iv) The provider misrepresented the information on the Provider Registration Form and would not have been eligible as a child care provider.

(d) An overpayment claim shall be filed against either the provider and/or assistance unit, whichever is appropriate, when it is discovered that the agency created the overpayment.

(i) The overpayment shall begin with the month the change would have been effective had the DFS-FO acted timely and correctly.

(ii) A claim shall be filed against the provider when the child still attends care with that provider.

(iii) A claim shall be filed against the assistance unit when the child no longer attends that child caring facility.

(iv) An overpayment to a provider currently receiving child care payments or benefits shall be recovered through a reduction in the amount payable to the provider.

(v) Up to the total amount of payment the provider is eligible to receive may be recovered from the provider before payment is issued.

(vi) Recoupment of child care overpayments may be made from POWER benefits upon a voluntary written request of the assistance unit.

(vii) Overpayments to individuals may be recovered from the assistance unit which was overpaid, from individuals who were members of the assistance unit when overpaid, or from an assistance unit which includes members of a previously overpaid assistance unit. In cases of former recipients or recipients who refuse to repay, recovery shall be made by appropriate action under State law against the income and resources of the overpaid individual or assistance unit.

(viii) Underpayments and overpayments may be offset against each other in correcting incorrect payments.

(e) An overpayment and recovery shall be established in all cases of client fraud and in all cases where the overpayment amount would equal or exceed the costs of recovery.

(i) Cases in which it appears the client purposely misreported or failed to report information for more than one (1) payment month, or the circumstances are the same as previous program offenses, shall be referred to the DFS Fraud and Recovery Unit for possible prosecution or intentional program violation.

(ii) Penalties and procedures shall follow those set forth in Fraud and Recovery Unit Rules.

Section 14. Child Care Provider Eligibility and Payment Requirements

(a) The selected child care provider shall:

(i) Be someone other than a mother, father, stepparent, member of the assistance unit, or foster parent who keeps or cares for a minor at the request of the parent(s)/caretaker(s) or an agency that is legally responsible for the child and receives payment for that care.

(ii) Be at least 18 years old or be emancipated.

(iii) Be licensed by the State of Wyoming unless the provider is legally exempt from licensing.

(iv) Provide care within the State of Wyoming.

(v) Complete the provider registration process.

(vi) Complete a pre-service health and safety orientation training and eight (8) credits of health and safety training annually thereafter.

(vii) Annual physical inspection of non-relative providers.

(viii) Meet all state, local, and federal laws related to operating a child care business.

(ix) Meet the minimum health and safety standards which shall include the following:

(A) An operable smoke alarm or detector shall be installed on all floor levels;

(B) The use of tobacco, illegal drugs and or consumption of alcohol is prohibited during of hours of operation;

(C) An operable telephone shall be available where the child care takes place;

(D) Weapons, ammunition, poisons, chemicals, bleach and cleaning materials shall be locked up to make them inaccessible to children;

(E) Current certification in infant/child CPR and first aid training shall be maintained;
(I) Verification shall be submitted to the local DFS office within 90 days of initial registration as a legally exempt provider; and

(II) Verification shall be submitted to the local DFS office prior to approval as a legally exempt provider when the provider was previously terminated for failure to submit required verification.

(F) The provider shall keep attendance, immunization and health information including special dietary needs and/or food allergy records of the child. Special dietary needs and/or food allergies shall be posted in food preparation and eating area.
Immunization records as required by Wyoming law and the Department of Health shall be on file for all children;

(G) The provider shall keep a medical consent form signed by the parent or a legal guardian of the child. All medications shall be safely stored and administered according to directions;

(H) The overall condition of the child care facility and grounds, including play areas, equipment, and toys shall be maintained in a clean, uncluttered, safe condition and free of hazards, including items that may cause heat injuries;

(I) Unused electrical outlets shall be covered with safety caps;

(J) Fire exits shall be clear and exit doors remain unlocked or have locks allowing all parties to safely exit;

(K) Serious injuries and deaths shall be reported to DFS and kept on file;

(L) Awake infant and toddlers shall be directly supervised by staff at all times. Child in kindergarten or under six (6) years shall be directly supervised outside;

(M) Infants shall be placed on a firm flat surface, on their back to sleep, without anything over their head or face. Lighting in the sleep area shall be sufficient;

(O) The provider shall have an expulsion and suspension policy to promote social-emotional and behavioral health of children and limit the use of expulsion, suspension, and other exclusionary practices;

(P) Vehicles used to transport children shall be maintained in safe condition, with appropriate child safety restraint systems and shall comply with applicable motor vehicle laws. Operators of vehicles used to transport children shall have the appropriate and valid motor vehicle license; and

(Q) Emergency preparedness guidelines and procedures shall be given to parents in writing and include:

(1.) How parents shall be notified in case of an emergency at the facility;

(2.) The relocation site with contact information for the site; and

(3.) Procedures for child reunification or release;

(4.) Procedures for evacuation, shelter-in-place, lockdown, and staff and volunteer practice drills;

(5.) Plans for accommodations of infants and toddlers, children with disabilities, and children with chronic medical conditions; and

(6.) All children with food and other allergies should have an emergency care plan in place. For food allergies, the plan shall provide detailed instructions about which food(s) the child is allergic to and what to do if an allergic reaction occurs, including the names, doses, and methods of administration of any medications that the child should receive in the event of a reaction. The plan shall also include specific symptoms that would indicate the need to administer one or more medications. The same shall be developed and in place for children with any other allergy. All persons who come in contact with the child(ren) who have a plan for emergencies, shall be fully aware of the plan and the plan shall be followed.

(x) The provider shall furnish the name, Social Security Number and a signed authorization of release from all adult household members, staff and any substitute provider(s) who have access to the child(ren) placed in care.

(A) The provider shall be held responsible for the actions of any employee, substitute or household member who has contact with the child(ren) while the child(ren) is in care.

(B) Refusal of the provider to furnish the name(s) and Social Security number(s); or the presence of any person(s) in the child care facility against whom there has been substantiated child abuse or neglect may make the provider ineligible to receive payment from DFS for child care services.

(xi) A fingerprint based national criminal history record check (initially and every five (5) years) and Wyoming Central Registry Check and National Sex Offender Registry check shall be completed initially and annually) for the applicant, all staff, and all adult household members, including any adult who intends to move into the home, which does not reveal any disqualifying information.

(xii) Allow parental access any time during business hours.

(xiii) Make the Provider Registration Form available for public viewing upon request.

(xiv) The substitute provider shall meet the minimum health and safety standards and complete the provider registration process if the care goes beyond 24 hours during a month because the provider is no longer considered a substitute.

(xv) Maintain attendance records for each child in care and other evidence services were provided for a period of three (3) years, in accordance with each authorization and make these records available to state and federal auditors upon request.

(b) Payment for provider services shall be allowed only to providers who meet the criteria listed in (a) above as verified by the parent(s)/caretaker(s).

(c) Payment for provider services shall not be allowed:

(i) For the period of time the provider is in violation of any federal, state, or local law, rules and/or regulation applicable to a child care business.

(ii) When abuse or neglect has been substantiated, against the provider, staff or other household member(s), unless a good cause determination has been made.

(iii) When one (1) of the natural, adoptive parents or stepparents is in the home and available to care for the child(ren) unless the child(ren) would be be at risk of neglect or abuse as verified by Child Protective Services (CPS) if the stepparent or the grandparent in a minor parent situation provides the care.

(iv) An E & T participant is not entitled to the dependent care reimbursement if a member of the E & T participant’s SNAP assistance unit provides the dependent care services.

(d) The child care provider is not considered a State of Wyoming or DFS employee.

(e) The child care provider shall complete the prescribed DFS form for child care expenses and return it to the DFS-FO as necessary.

(i) The DFS payment amount shall cover and not exceed the actual eligible authorized hours used at the lowest rate of the actual charge, local market rate, or statewide limit.

(ii) Payment is not allowed to more than six (6) providers per child within a 12 month period unless good cause has been established by DFS.

(f) The State of Wyoming and DFS have no responsibility for unpaid bills for child care fees charged above state rates or for the parent’s/caretaker’s obligation for the cost of care.

(g) The provider has the right to establish the child care rates for his/her facility.

(i) The rates charged to those receiving assistance from DFS shall be the same rates as those charged to non-DFS clients.

(ii) The provider shall only have part/full day rates.

(iii) Providers shall submit any change of their rates to DFS using a prescribed DFS form and a copy of the rate sheet they use for non-DFS clients.

(iv) DFS shall use the new rate when the provider submits the new rate more than five (5) working days prior to the effective date of the change. When the new rate is submitted less than five (5) working days prior to the change, the new rate shall be effective five (5) working days after it is received. The new rate applies only to authorizations written after the rate change.

(h) When a provider requests an administrative hearing on action taken by the Child Care Licensing Unit, payments may continue during the administrative process, unless there is a substantiated child abuse or neglect case.

(i) In order to receive child care assistance payments, legally exempt home providers shall not provide child care for more than ten children under school age in an immediate family unit. The ten (10) child limit in the home shall include the provider's own children under school age. In the case of grandparents, the total number of children shall never exceed six (6).

(j) In order to receive child care assistance payments, centers supervised by the state, any local government, school district or agency or political subdivision thereof, shall have a ratio of one (1) adult to no more than thirty (30) children.

(k) When water hazards are present within the approved play area, the following shall apply:

(i) Be enclosed by a fence no less than four (4) feet high;

(ii) Written parental consent is required for use of a swimming or wading pool;

(iii) An adult staff member shall be in the immediate vicinity at all times when a water hazard is available and accessible; and

(iv) An adult shall remain in direct physical contact with infants at all times.

(l) Where vehicular traffic is present, an adult staff member shall be in the immediate vicinity at all times. An adult shall remain in direct physical contact with infants at all times.

(m) Handling, storage and disposal of all of hazardous material and of bio contaminants must follow label instructions.

Appendix A: Sliding Fee Scale

The Sliding Fee Scale is used to determine the income eligibility levels of the households and to establish the household’s co-payment. The Sliding Fee Scale maximum income eligibility level is a percentage of the Federal Poverty Level for the size of household. Section 658P(4) of the Child Care and Development Block Grant Act of 1990, as amended, provides that the maximum income eligibility level cannot exceed eighty-five percent (85%) of the Wyoming Median Income based on family size. The scale shall be adjusted annually no later than April 1st when the Federal Poverty Level is made available for DFS.

The parental obligation (also known as co-pay) shall be determined based on the calculation set forth in W.S. § 42-2-103 (f) and published in the Wyoming Child Care and Development State Plan.

Appendix B: Types of Income and Calculation Method

Able Bodied Adult Without Dependent (ABAWD) – an able-bodied adult:

1. At least age 18 and not yet age 50; and
2. No child(ren) in the assistance unit.

Able-bodied - not incapacitated for work, training or community service.

Absence –

1. Continued absence – when the parent is physically away from the home and is not exercising parental care and control, cannot be counted on to help plan the care and control of the child and the return to the home is not expected for at least 30 days (see Care and Control).
2. Temporary absence – the condition of a dependent child being away from the home when the child is expected to return to the home within 90 days and the caretaker relative continues to exercise the responsibility for the care and control of the child(ren).

Access –

1. Ability, or potential ability, to obtain or make use of an asset or income;
2. Access is either restricted (requires the signature of another person or specifies the condition of disposal) or unrestricted (no other signature is required or condition imposed) (see Available).

Adequate notice - see Notice of adverse action.

Administrative Hearing – a formal hearing conducted within established legal proceedings with a duly appointed hearing officer.

Administrative Rules of Wyoming (ARW) Adverse action - a decision to deny, decrease or terminate the benefits.

Aid to Families with Dependent Children (AFDC) – a program in existence prior to 1/2/97 designed to provide financial assistance to children in need due to absence, unemployment of both parents or incapacity of one or both parents.

Affordable child care arrangements – an available child care provider in the community whose charges for services do not exceed the local market rate established at the 75th percentile.

Aged - a person 60 years of age or older.

Agency error (AG) - an incorrect action or failure to take action by a Department of Family Services worker.

Alien - a person residing in, and who is not a citizen of, the U.S. (see Immigrant)

Alimony - see Support.

Applicant - a person, including an authorized representative, who in writing makes an application for benefits.

Application - the form on which a person indicates, in writing, the desire to receive assistance, provides information necessary for determining eligibility and informs the client of her/his rights and responsibilities.

Appropriate child care - child care meeting Wyoming licensing standards or if legally exempt from child care licensing requirements meeting minimum health and safety requirements as outlined by the CCDF. All providers must also receive a favorable Central Registry and criminal history pre-screen check.

Approved educational program -

1. Any program at the University of Wyoming or a Wyoming community college or other accredited education program within Wyoming or other program approved by DFS which leads to no more than a baccalaureate, associate degree or nationally recognized certification or license; or
2. A vocational training at any such school and approved by Department of Family Services.

Arrearages - all amounts of past due child support exclusive of those amounts which have been obtained through federal and state income tax refund offsets.

Assessment - the act of evaluating a person, condition, assets or income.

Assets - all real and personal property, cash or other liquid assets owned by a person and the person has the right, power or authority to withdraw funds, sell, transfer, convert to cash or dispose of the asset.

1. Liquid Assets - cash on hand, money in checking or savings accounts, savings certificates, stocks or bonds, IRA’s or Keogh plans, less the penalties for early withdrawal (also includes lump sums for SNAP);
2. Non-liquid asset - assets that are not cash or financial instruments and cannot be readily turned into cash within 20 working days;
3. For burial - funds immediately available from other governmental agencies or sources to assist with burial.

Assignment of Rights (Assignment of Support) – Any assignment of rights to support or any assignment of rights to medical support and to payment for medical care from any third party. This assignment includes child and spousal support and is a condition of eligibility of POWER or Title IV Part E, Foster Care. This allows the state to retain support payments as partial reimbursement of public assistance expenditures made on behalf of the custodial parent and/or the child(ren).

Assistance unit - persons living together whose income and assets must be considered in determining eligibility and benefit level.

Authorized representative - a person acting on behalf of a client or assistance unit.

Available - income and assets are considered when actually obtainable and when the applicant/recipient has legal interest in a liquidated sum and has the legal ability to make such sum available for support and maintenance. (see Access)

Barrier to sale - there is an inherent legal restriction on the right to sell, convey or transfer the client's share or ownership of an asset.

Battered or subjected to extreme cruelty - an individual who has been subjected to (P.L. 104-193):

1. Physical acts that resulted in, or threatened to result in, physical injury to the individual;
2. Sexual abuse;
3. Sexual activity involving a dependent;
4. Being forced as the caretaker relative of a dependent child to engage in nonconsensual sexual acts or activities;
5. Threats of, or attempts at, physical or sexual abuse;
6. Mental abuse; or
7. Neglect or deprivation of medical care.

Benefits Processing Unit (BPU) - Financial Services Division within Department of Family Services –State Office.

Beneficiary - an individual having a present or future interest, vested or contingent, in the income from or principal of a trust. Also used to designate recipients of Social Security benefits.

Beneficiary Data Exchange System (BENDEX) – provides the amount of Retirement, Survivors and Disability Insurance (RSDI) benefits paid to people entered on the system. (aka BDX for EPICS coding).

Best estimate – the Benefit Specialist's best determination based on knowledge of past, current and future case circumstances which accurately reflect all facts known to the Benefit Specialist at the time.

Boarder -

1. One who pays an amount equal to or exceeding the Thrifty Food Plan for more than two (2) meals per day for the size of the boarder’s assistance unit; or
2. One who pays an amount equal to or exceeding two-thirds (2/3) of the Thrifty Food Plan for two (2) meals or less per day for the size of the boarder’s assistance unit.

Bona fide -

1. For burial, a trust, contract or agreement specified for that express purpose and there cannot be other funds or items designated for burial;
2. An offer made in good faith without fraud or deceit; or
3. A bona fide loan is one where there is a written agreement to repay the loan.

Bona fide effort to sell - the act of putting property up for sale at a reasonable price and providing verification of same.

Break-in-aid - a period of one (1) or more months in which an assistance unit is not eligible and does not receive assistance.

Budgeting - the act of calculating the amount of the benefit to be paid to the assistance unit.

Bureau of Indian Affairs (BIA) - an agency within the Department of Interior.

Burial fund -

1. An asset specifically designated for burial of a specified person.
2. Bank account, life insurance policy or written agreement with a funeral home specifically designated for burial of a specified person and not commingled with funds not set aside for burial.

Burial plot - a grave site, the value of which may include opening and closing costs, a vault, crypt, urn, grave marker, (i.e. burial space item).

Business expenses - for self-employment, the costs directly related to the production of goods or services provided by the operation which are then subtracted from the gross income to determine the net income.

Capital gain - the proceeds/profit from the sale of assets which is calculated in the same manner as a capital gain for federal income tax purposes.

Care and control – when a parent(s) or caretaker relative(s) can be counted on to function in planning for and/or is giving the child(ren) physical care, guidance and maintenance as follows:

1. Guidance – parental participation in the responsibility for the child(ren)’s development. Such participation includes, but is not limited to attending school conferences, disciplining the child(ren), participating in decisions concerning the child(ren)'s well-being and involvement in the child(ren)’s extracurricular activities.
2. Maintenance - typically synonymous with support as in provision of necessities such as food, clothing and shelter.
3. Physical care - providing continuous care for the child(ren) by performing tasks required in the child(ren)'s daily life such as, but not limited to, bathing, feeding, dressing, assuring medical attention is received by the child(ren), preparing meals, supervising the child(ren)'s activities and assisting with other physical care needs.

Caretaker - an adult who may or may not be related to the child(ren) or an adult who has a court order giving legal responsibilities or guardianship and who is exercising the care and control of the child(ren), including foster parents.

Caretaker relative - a person who meets the definition of a relative and is exercising the day-to-day care and control of the child(ren).

Case management - a series of activities directed toward the common goal of client self-sufficiency and self-responsibility.

Case manager (CM) – the individual who provides employment directed services to job seekers.

Case record - includes the applicant's or recipient's case file and the information contained in the eligibility computer system.

Cash assistance - a welfare benefit paid by another state or a POWER performance payment made to or on behalf of an eligible person(s).

Cash surrender value (CSV) - see Value.

Cash value - see Value.

Categorically eligible - the determination of assistance units containing persons who are all receiving assistance from SSI, POWER/POWER-SASFA, or Tribal TANF have automatically satisfied certain eligibility criteria.

Central Registry - an electronic record, maintained by DFS, of persons who have been the subject of a child abuse or neglect complaint.

Certification period - a definite period of time within which an assistance unit is eligible to receive benefits, not to exceed 24 months.

Certified/Licensed provider - a provider who meets the licensing standards established by DFS.

Change in circumstance - a change which affects the ongoing eligibility/benefit.

Child - a dependent between birth and 18 years of age who is not an emancipated minor or a minor parent. For SNAP, the child does not need to be a dependent.

Child Care Center – any private person, partnership, association or corporation that is operating a business for profit or otherwise, where sixteen or more children receive care for a portion of the day.

Child Care Facility - a business that keeps or cares for more than two (2) minors at the request of the parents, legal guardians or an agency that is responsible for those child(ren) when the responsible party is not present.

Child Protective Services (CPS) - child welfare services performed by persons legally responsible for investigating suspected cases of child abuse and neglect and intervening in verified cases.

Child Support - see Support.

Child Support Enforcement (CSE) - a legal entity charged with maintaining a child support enforcement program at the judicial district level which complies fully with the provision of state law, P.L. 104-193, as amended, and being responsible and accountable for the proper operation of such program for all ongoing and backlogged cases.

Child Support performance requirement – a Pay-After-Performance requirement which includes assigning child support rights to DFS, establishing paternity and cooperating with the CSE in the collection of child support payments.

Citizenship and Immigration Services (CIS) - the U.S. agency responsible for admitting and assigning residence status to people entering the U.S. from other countries. (Formerly known as Immigration and Naturalization Service – INS).

Claim - an eligibility system identification number which is made up of one or more overpayment months.

Claim number - the Social Security number (SSN) plus one (1) or two (2) alpha characters which indicate the primary beneficiary, the type of benefits paid and the designated recipient of the benefits.

Clear and convincing proof – the evidence presented by a party during a trial must be highly and substantially more probable to be true than not.

Client error (CL) - a misunderstanding or unintended error on the part of the assistance unit or provider.

Collateral contact - a verbal or written confirmation of the circumstances of an assistance unit or provider by a knowledgeable person outside the assistance unit.

Color of law (aka Permanently Residing Under Color of Law [PRUCOL]) - used by the CIS and applies to immigrants who are living in the U.S. with the knowledge and permission of the CIS and whose departure from the U.S. the CIS does not contemplate enforcing. Immigrant who entered the U.S.:

1. Lawfully in a status other than lawful permanent resident and who are assumed to be here permanently without being granted permanent resident status; or
2. Unlawfully but have resided here continuously since 1/1/72.

Commingled - a financial account in which exempt and nonexempt funds are mixed together.

Compliance – see Cooperate.

Confidentiality - the limitation of the use and disclosure of applicant and recipient information.

Conservator - a person designated by a legal document to take over and protect the interests of an individual whom is unable to manage her/his own affairs.

Continued absence - see Absence.

Contribution - a voluntary or mandatory monetary or in-kind grant or aid provided by another person(s) which is not repayment for goods or services and is not given because of a legal obligation on the giver's part.

Cooperate – Pay-After-Performance requirements, including registration for work with Department of Workforce Services, child support, work program and eligibility requirements.

Countable income - see Income.

Court appointed - an assignment/determination made by a judicial tribunal duly constituted for hearing of cases.

Court of appropriate jurisdiction - a district, county or small claims court as determined by the amount of the overpayment, the circumstances of the case and the advice of legal counsel.

Court Order – an order issued by the court and used by CSE to determine necessary enforcement action to collect a support obligation.

Criminal history pre-screen - a pre-screening by DFS of Wyoming Criminal Records limited to certain crimes against persons and various crimes involving children.

Current market value (CMV) - see Value.

Current month – see Month.

Custodian – an individual who has been appointed by the court to care for a person as reflected in a court order.

Date of action - the day the benefit will be issued, increased, reduced, denied or terminated. The date an action will be effective.

Date of application - the date the signed application is received and date stamped in the DFS-FO; the date compliance with the child support, work and eligibility performance requirements must begin.

Date of discovery – the date the potential over payment is identified by the eligibility worker.

Date of eligibility – the day benefits are required to begin.

Date of referral - the date of completion of the DFS 760 form and/or the date the recoupment case is entered on the eligibility computer system.

Deem - to consider the income and assets of one (1) person as the income and assets of a second person whether or not they are actually available.

Default - when the assistance unit fails during the month to make the repayment or pay the full amount agreed upon in the installment contract.

Department of Family Services (DFS) – the Wyoming state agency which has administrative responsibility for the programs.

Department of Family Services-Field Office (DFS-FO) - the DFS staff located in the counties.

Department of Family Services-State Office (DFS-SO) - the DFS staff located in the Hathaway Building in Cheyenne.

Department of Workforce Services (DWS) – the Wyoming state agency responsible for administering the POWER work program, SNAP Employment and Training program and work registration.

Disability Determination Services (DDS) – a unit within the Social Security Administration (SSA) that determines whether or not an individual is disabled.

Disregard – an allowable deduction from earned or unearned income.

Distribution - a payment, in cash, from a trust to or for the benefit of the beneficiary or a third party.

Division of Vocational Rehabilitation (DVR) - a division within the Wyoming Department of Employment.

Documentary evidence - a written confirmation by a knowledgeable source of the circumstances of the assistance unit or provider.
Documentary evidence error (DE) - an error caused by the assistance unit or provider when at least two (2) written documents are in the case file which substantiate the client willfully and knowingly failed to report or reported incorrectly for one or more payment months.

Domestic violence - action subjecting an individual to (P.L. 104-193):

1. Physical acts that resulted in, or threatened to result in, physical injury to the individual;
2. Sexual abuse;
3. Sexual activity involving a dependent;
4. Being forced as the caretaker relative of a dependent child to engage in nonconsensual sexual acts or activities;
5. Threats of, or attempts at, physical or sexual abuse;
6. Mental abuse; or
7. Neglect or deprivation of medical care.

Durable goods – as guidance, durable goods are objects that are used in a business that are expected to last a long time.

Earned income - see Income.

Earned income incentive payment – a payment made to an assistance unit when a family member becomes employed and the family would be ineligible for POWER because of earned income.

Earned Income Tax Credit (EITC) - an amount of money either deducted from the taxes owed or paid as a refund resulting from filing a Form 1040 or 1040A tax return for a calendar year.

Edmund’s Automobile Valuation Guide - the internet site which provides a used car value guide.

Elderly -

1. For SNAP - a person who is 60 years of age or older;
2. For all other programs - a person who is 65 years of age or older (aka Aged).

Electronic Disqualified Recipient System (eDRS) – The national database where all individuals with SNAP disqualifications are logged.

Eligibility factor - a specified condition a client must meet to qualify or receive benefits.

Eligibility performance requirement – a specified condition an applicant/recipient must meet in order to qualify to receive a POWER performance payment.

Emancipation - the condition of being freed from parental care and control resulting from:

1. Lawfully recognized marriage;
2. Reaching the age of majority (age 18);
3. Military service; or
4. Having received a declaration of emancipation pursuant to W.S. 14-1-101, as amended 7/1/96 (see Financially responsible).

Employment - an activity in which an individual works for wages.

1. For SNAP -
   1. For income reporting purposes, full-time employment is any employment of 35 hours per week or more;
   2. For work requirement purposes, full-time employment is any employment of 30 hours per week or more.
   3. Part-time is any employment of less than 35 hours per week.
2. For POWER -
   1. Full-time is 35 or more clock hours per week and earning at least the equivalent of the federal minimum wage, including self-employment.
   2. Part-time is less than 35 clock hours per week, or if the hours average more than 35 hours per week and the employment pays less than the federal minimum wage.

Employment training – a planned, supervised program which may be a combination of classroom and on-the-job training experiences that impart knowledge or develop skills or abilities to prepare a person for employment.

Encumbrance - a claim or legal debt(s) against an asset which must be paid when the asset is sold and is supported by a written document.

Equity value - see Value.

Error - the receipt by an assistance unit or provider of benefits or payments over the amount of entitlement.

Essential for day-to-day living - as stated by the caretaker relative, the item or service is indispensable or necessary for the survival of the assistance unit.

Estate – assets and liabilities left by a person at death.

Excess child support - money received from the non-custodial parent in the current month that is more than the support obligation for the current month.

Exempt - a category of income, assets or circumstances not subject to program policy or limits and is not counted for eligibility purposes.

Expedited service - a requirement to allow specific applicant assistance units to go through an abbreviated application process in order to participate in SNAP no later than the seventh calendar day following the date of application.

Exploitation - the performance of daring deeds or taking advantage of another; abuse; misuse.

Face value (FV) - see Value.

Fair market value (FMV) – see Value.

Federal Insured Contribution Act (FICA) - commonly known as the Social Security contribution deducted from wages and used for RSDI payments.

Federal Poverty Level (FPL) - guidelines for poverty level established annually by the Federal Office of Management and Budget.

Five (5) year benefit limit - per Section 408 of the Social Security Act and W.S. 42-2-103, TANF payments are limited to five (5) years (whether or not consecutive) for any assistance unit, regardless of location.

Fixed income assistance unit - an assistance unit in which adult members are all without earned income, have stable unearned income and are either elderly or disabled.

Fleeing –

1. For felons, moving outside the jurisdiction of the court where the felon was tried and convicted.
2. For battered or subject to extreme cruelty, moving outside the county, state or country to seek a safe and secure environment with the assistance of a domestic violence agency.

Fluctuating income - see Income.

Foster child – a child(ren)/youth who have been placed in a foster care home or an approved/licensed facility by DFS.

Fraud (FR) – documented misrepresentation, concealment or nondisclosure of information pertaining to an eligibility factor to obtain a performance payment, remain eligible for payment or to avoid a decrease in payment.

Fugitive felon - a person who is fleeing to avoid prosecution, or custody or confinement after conviction, under the laws of the state from which the individual is fleeing, for a crime, or an attempt to commit a crime, which is a felony under the laws of the state from which the individual is fleeing, i.e., murder, burglary.

Full day care - is five (5) or more hours of child care in a day.

Full-time employment - see Employment.

Full-time postsecondary education or vocational training - enrollment of at least 12 semester hours each fall and spring semester and a total of 30 credit hours per school year.

Full-time school - see School Attendance.
Garnishment - a legal withholding of a specified sum from wages to satisfy a creditor.

General Equivalency Diploma (GED) - the document that indicates a person has passed prescribed testing to obtain the equivalent of a high school education without the diploma.

Good cause - a specified reason based on accepted standards supporting the individual's action and thereby eliminates the penalty which normally is imposed for a sanctionable action or inaction. (This applies to employment, work program requirements, late reporting of a change in circumstances and cooperation with child support or third party liability requirements.)

Grantee – primary informant individual.

Grantor – the person giving the Trustee the legal right to manage a trust.

Gross income - see Income.

Guardian – a person appointed by the court or a legal document to care for a person or manage the property of another as specified in the court order or other legal document.

Guidance - see Care and control.

Half-time school - see School attendance.

Health and Human Services (HHS) - the United States Department of Health and Human Services.

Health insurance plan – an individual or group insurance policy or contract or a medical or hospital service agreement or other health care delivery system for the purpose of paying for or reimbursing the cost of hospital and medical care.

Health and safety standards - the minimum requirements a child care provider must meet. (45 CFR 98.41)

High school - a school attended after elementary school which consists of grades 7-12.

Hit - a discrepancy found between the eligibility computer system data and the interface with records of other agencies such as IRS, DWS wages and UIB, RSDI, SSI, Workers’ Compensation, etc.

Home –

1. For SNAP –
   1. The home and surrounding property that is not separated from the home by intervening property owned by others.
   2. Public rights of way, such as roads that run through the surrounding property and separate it, will not affect the exemption of the property.
2. For POWER –
   1. For “living with”, the family setting in which the child(ren) is living with a caretaker relative who has taken on and continues the day-to-day care and control of the child(ren).
   2. For asset purposes, a home is any shelter owned by the caretaker relative which is the current place of residence and includes the building and land upon which it is located, the land adjoining the home and all the mobile homes/buildings located thereon.

Homeless - the condition or lack of a permanent dwelling or lack of a fixed or home address.

Homeless individual - An individual who lacks a fixed and regular nighttime residence or an individual whose primary nighttime residence is:

1. A supervised shelter designed to provide temporary accommodations;
2. A halfway house or similar institution that provides temporary residence for individuals intended to be institutionalized;
3. Temporary accommodation in residence of another individual for no more than 90 days; or
4. A place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings (i.e. a hallway, bus station, lobby or similar places).

Homeless meal provider - a public or private nonprofit establishment (i.e., soup kitchen, temporary shelter) that feeds homeless persons and may accept SNAP benefits if approved by DFS-SO and authorized by the Food and Nutrition Service.

Household - the people occupying one (1) or more rooms of a house, apartment or mobile home, hotel, motel, etc., and may include one (1) or more assistance units and/or ineligible person(s).

Household furnishings – furniture, electric appliances, clothing and personal items owned by the assistance unit.

Housing subsidy – any government financial assistance provided to an assistance unit for rent such as, but not limited to, that under the U.S. Housing Act of 1937, Title V of the Housing Act of 1949, as amended, the National Housing Act or the Department of Housing and Urban Development (HUD), which includes Indian and public housing, Section 8 new and existing rental housing and Section 236 rental housing.

Illegal immigrant - a foreign national who is ineligible for performance payments and who:

1. Entered the U.S. without inspection or with fraudulent documentation; or
2. After entering legally as a non-immigrant, violated status and remained in the U.S. without permission.

Immediate family member -

1. For POWER – when caring for an incapacitated relative, the incapacitated family member must be a grandparent, parent, child or sibling.

Immigration and Naturalization Service (INS) - see Citizenship and Immigration Services (CIS).

Incapacitated - a condition considered to be temporary.

1. For SNAP - a physical or mental defect, illness or impairment, sufficiently serious to eliminate or substantially reduce the ability to participate in employment, job search, a training or educational program, prepare meals, transport oneself or otherwise function unassisted.
2. For POWER - a physical or mental defect, illness or impairment sufficiently serious to eliminate or substantially reduce the individual’s ability to participate in employment, job search or a training or educational program.

Incest - per W.S. 6-4-402, knowingly committing sexual intrusion or sexual contact with an ancestor or descendant or a brother or sister of the whole or half blood.

Income – money received from any source but not any item specified in policy as an asset.

1. Contract income – earnings paid through an agreement with another; considered self- employment if the individual is paying her/his own taxes;
2. Countable income – the amount of income used to determine eligibility in the computation of the POWER performance payment after application of the appropriate disregard.
3. Earned income – payment received in cash or in-kind for wages, salary, tips, commissions, as an employee or net-profit from activities in which the individual is engaged as self- employed.
4. Exempt income – money set aside or free from program policy or limits.
5. Fluctuating income – monthly income that varies in frequency of receipt or amount each month due to working overtime, hourly pay with varying hours, receipt of tips or commissions, changes of hours or pay rate or decrease or increase in hours of work due to vacations, sick leave or seasonal employment.
6. Gross income – the total money the person receives prior to any deductions (i.e. Social Security, withholding tax, garnishments, etc.).
7. In-kind income – the receipt of goods or services instead of money.
8. Irregular income –
9. Net income or profit – the gross receipts from self-employment less the current business expenses or the gross income less the allowable SNAP income deductions.
10. Nonexempt income – all money received to which the program policy limits are applied.
11. Ongoing income – money received on a regular basis, no less frequently than monthly, and is expected to continue.
12. Self-employment income – earning one’s own living directly from one’s own profession or business rather than earning a salary or commission from another.
13. Stable income – income received in a set/fixed amount from the same source(s) on a regular basis and there is no additional income that fluctuates.
14. Unearned income – all money received that is not earned by providing goods and services or defined as an asset.

Income producing property - property essential to the production of goods and services, including stock (merchandise), inventory, tools, equipment, trucks, cars, earth moving equipment, etc., and used in a trade, business or other income producing activity. For POWER, this does not include real property such as rental property, business property and farm land.

Incomplete report - any information furnished in writing, in person or by phone which concerns a change in circumstances but is insufficient to verify and/or act upon the change.

Indian land – real property owned jointly by the tribe or where the sale can be made only with the permission of other owners, the tribe or the BIA.

Ineligible – not entitled to receive a benefit due to failure to meet one or more of the specified conditions required by the program.

Infant - a child from birth to 12 months of age.

Initial eligibility determination - the act of evaluating each eligibility factor for each person applying for benefits and finding the case eligible or ineligible during the initial processing period.

Initial month - see Month.

In-kind earned income - see Income.

Institution - an establishment that furnishes (in single or multiple facilities) food, shelter and/or some treatment or services to four (4) or more persons unrelated to the proprietor.

Institution of higher education -

1. For SNAP - a regular curriculum at a college or university offering degree programs or a business, technical, trade or vocational school that normally requires a high school diploma or equivalency certificate for enrollment in the curriculum.
2. For POWER - a college, university, vocational or trade school that offers degree programs regardless of whether a high school diploma is required.

Insurance settlements - the money received by a person(s) from a company for damage of property or person.

Intact family - an assistance unit consisting of both natural or adoptive parents and child(ren) living together whether or not the parents are married to each other.

Irrevocable - incapable of being canceled, rescinded, broken or changed by the action of either party.

Irrevocable income trust - a document appointing a person, known as a Trustee, to manage the grantor’s income placed in the trust.

Joint custody - the result of a divorce action giving each parent the right to care for the child(ren) during specific time periods which are close to being equally split between both parents (see Primary caretaker).

Joint tenancy/Joint tenancy with survivorship - A tenancy with two (2) or more co-owners who take identical interests simultaneously by the same instrument and with the same right of possession. A joint tenancy differs from a tenancy in common because each joint tenant has a right of survivorship to the other’s share (in some states, this right must be clearly expressed in the conveyance – otherwise, the tenancy will be presumed to be a tenancy in common).

Knowledgeable source –

1. A person who has a considerable degree of familiarity of a subject gained through experience with or association with the individual or subject.
2. For evaluation of an asset, a person who is professionally aware of the value of the property in the community.

Late reporting - information not furnished when the change becomes known to the client or verification which are not furnished within the allowable time frames.

Law enforcement - persons or agencies who require compliance with the principles and regulations established in a community under the authority of state and/or federal legislation and enforced by judicial decision.

Lawful permanent resident immigrant - one who has been lawfully accorded the privilege of residing permanently in the U.S. as an immigrant in accordance with the immigration laws, such status not having changed since admission. (Does not include Color of Law individuals.)

Legal barrier - see Barrier to sale.

Legal encumbrance - a lien or claim on an asset which is recognized by law.

Legal guardian - a person who has been appointed by the court to have custody of and to care for a person. (W.S. 3-1-101 and 3-2-201)

Legal obligation - an obligation, such as a court order, that would be upheld by a judge in a court of law, i.e., a divorce decree, an order issued through an administrative law judge, or a legally enforceable separation agreement.

Life estate - the rights of ownership belonging to an individual and existing until the individual’s death but actual title or deed to the property belongs to another individual.

Life insurance - a contract on which the owner pays premiums during his lifetime and:

1. The company pays at least the face amount of the policy to the beneficiary upon the death of the insured;
2. The payment may include a loan or cash surrender value; and
3. The payment may include accumulated dividends.

Liquid asset - see Assets.

Loan - a debt the borrower has an obligation to repay (see Bona fide).

Low Income Energy Assistance Program (LIEAP) - a federally and state funded program that exists to partially meet the cost of home heating energy.

Lump sum - a payment of earned/unearned money, i.e., payment of retroactive benefits such as, but not limited to, RSDI, lottery winnings, UIB, cash inheritances or workers compensation awards. It is the total amount received minus legal fees required to make the money available and minus the amount designated by the payer or source for medical expenses.

1. For SNAP - the payment must be nonrecurring (one time only).
2. For PRICE - all or partial payment on a claim prior to negotiation or prior to a regular monthly payment.

Maintenance - see Care and control.

Mandatory - refers to a person(s) who is required to meet specified provisions within the law, rules and/or policy.

Marriage or married couple – a contractual relationship between a man and a woman recognized by the State of Wyoming with a document, certificate or license or when Social Security Administration (SSA) decides either of the couple is entitled to a husband’s or wife’s Retirement, Survivors and Disability Insurance (RSDI) as a spouse.

Mass change - the act of affecting appropriate cases by issuing a new or revised policy caused by a change in state or federal law.

Maximum benefit level - the maximum amount of benefits for SNAP and the maximum POWER payment for an assistance unit.

Medicaid - a federal program of medical assistance and services established under Title XIX of the Social Security Act for eligible low income aged, blind or disabled persons and families and children.

Medical professional - a licensed physician, a psychologist or master’s level mental health worker. includes a physician’s assistant and licensed clinical social worker.

Mental health professional - a licensed psychologist or master’s level mental health worker employed by a public or private human services organization or in private practice.

Mentally/physically disabled/incapacitated - see Physically/mentally disabled/incapacitated.

Migrant farm worker assistance unit - an assistance unit that moves on a regular basis to find work in harvesting crops or other agricultural activities.

Military allotment - see Support.

Military Status - Parent is serving active duty in the US Military or is a member of either a National Guard unit or a Military Reserve unit.

Minor - a person under age 18 who does not meet emancipation criteria in Wyoming laws.

Minor parent - a mother or father who is under the legal age of 18 according to the Tax Reform Act of 1986. (Public Law 99 514)

Minor parent provision - the requirements a minor parent must meet per W.S. 42-2-103 to be eligible for a POWER performance payment.

Monetary – any income in the certification period which is received too infrequently or irregularly to be reasonable anticipated, but not in excess of $50 in a quarter.

Month –

1. Benefit month – the calendar month for which eligibility will be authorized and benefits issued.
2. Beginning months – for SNAP:
   1. The months the assistance unit applies and is certified and the month thereafter.
   2. An additional beginning month may be allowed to coincide with POWER/POWER-SASFA or TRIBAL TANF if the assistance unit applies and is eligible for SNAP and the other program at the same time.
3. Current month - the month in which eligibility is determined.
4. Initial month –
   1. The first month for which the assistance unit is certified for participation following any break in participation.
   2. For migrant and seasonal farm worker assistance units, the first month following a period of more than 30 days when the assistance unit was not certified.
5. Performance payment month - for POWER, the payment received on the first of the month following the performance period and paid for compliance during that performance period (the 15th of one month through the 14th of the following month).

Month received - the calendar month in which the payer or source made the money available or the individual receives the money in hand, whichever occurs first. (Social Security benefits, SSI and POWER, when received at the end of the month for the following month, count in the following month.)

Mortgage insurance – insurance that covers lender if the person defaults on their home loan. Payment is made to mortgage lender when the person has not paid the required amount down. Insurance would end when the client completes paying remaining balance down.

Necessities - those items which are reasonably required to sustain life (i.e. food, clothing, shelter, health and medical needs).

Need – For POWER - the lack of money to purchase essential items to sustain life and measured by the maximum POWER payment.

Need allowance - the amount of money allotted to cover the needs of a person(s) which is determined by using the maximum POWER payment for the assistance unit size.

Net income - see Income.

Net profit - the gross receipts, less the current business expenses (see Business expenses and Income).

Noncompliance/Non-cooperation -

1. For SNAP – a position the assistance unit clearly demonstrates it will not take actions it can take and which are required to complete the application process or to determine ongoing eligibility.
2. For POWER - the act of refusing or failing to comply with a child support, work or eligibility performance standard.

Non-custodial parent – any parent who is not providing care and control of the child(ren) or who cannot be counted on to function in the planning for the physical care, guidance and maintenance of the child(ren).

Nonexempt - (countable) a category of income or assets to be used in budgeting or to which the program policy and limits are to be applied.

Nonperishable expenditure item – includes items such as tools which cost more than $100 and which retain high resale value.

Non-public assistance (NPA) household - a household not receiving benefits.

Non-temporary changes - A change exceeding three (3) months.

Notice of adverse action - a written statement which informs the applicant/recipient of the intended action to be taken in the manner of payment, the amount of payment and/or the period of eligibility, the reason and specific regulation(s) supporting the action, the date the action will occur and a statement of the person's right to request a hearing.

1. Adequate notice - a notice of action informing the assistance unit of a decrease or termination in benefits to be received by the assistance unit no later than the date the benefits would have been received.
2. Five (5)-day notice - a notice of action mailed at least five (5) days before the action would become effective when the agency obtains facts indicating payment should be reduced or terminated due to possible fraud of the applicant/ recipient.
3. Ten day notice period - the 10 days which starts the day the notice is mailed per the date on the eligibility computer system.
4. Timely notice - a notice of action mailed at least 10 days before the date the action would become effective.

Numident - the tape of matched and unmatched Social Security numbers transmitted from the eligibility computer system and run against SSA files.

Offset - to reduce the amount of the overpayment by the amount of an existing underpayment.

Ongoing eligibility determination - the act of evaluating each open case and finding the case eligible or ineligible based on the reported change in circumstances and performance of the assistance unit.

Ongoing income - see Income.

Open case - an assistance unit on the eligibility computer system in payment or medical status, or a recipient/unit with a zero performance payment.

Overpayment/Overissuance - benefits issued to an assistance unit for the benefit month which exceeds the amount for which the unit, or an individual within the unit, was eligible.

Parent – a natural, legal or adoptive mother or father of any age. Under W.S.14-2-102(a)(iv) of the Wyoming State Statutes, a person is presumed to be the father when he openly holds out the child to be his natural child.

Parental care/Physical care – in its general usage means physical custody which means charge of, oversight of and responsibility for the safety and well-being of a child. Physical custody implies also living together or in the same household with the child(ren).

Parental choice - the parent/caretaker may select any person he/she chooses who meets the definition of a provider.

Parental control – when a child, other than a foster child, is financially or otherwise dependent on a non-parent member of the assistance unit.

Parental obligation - the portion of the child care cost the parent(s)/caretaker(s) is responsible to pay based on the size and income of the assistance unit.

Parental Obligation System for Support Enforcement (POSSE) - the child support enforcement computer system.

Parental support - see Support.

Participating in a strike – legally or illegally taking part in a work stoppage or slowdown.

Part day care - is less than five (5) hours of child care in a day.

Part-time employment - see Employment.

Paternity – a legal relationship existing between a child and his natural, legal or adoptive father per W.S. 14-2-101 and 102.

Pay-After-Performance – receipt of a cash payment after the mandatory family members have met the child support, work program and eligibility requirements for the corresponding performance period.

Payee - the person in whose name the benefit is issued.

Payment – the act of giving a check or warrant to the grantee or the legal representative.

Performance payment - money paid to an eligible family who has met all performance requirements.

Performance payment month - see Month.

Performance period – the 15th of one month through the 14th of the following month.

Performance requirement - a specified eligibility, child support or work condition an applicant or recipient must meet in order to receive a performance payment. (See Child Support performance requirement, Eligibility performance requirement and Work program performance requirements).

Period of intended use - the month in which the benefits are issued, except benefits issued after the 20th of the month, and then it is the last day of the month following issuance.

Periodic review – an interview held not less than twelve (12) months to re-determine all eligibility factors, establish a new best estimate of income, when applicable, and enter documentation in the case file to acknowledge the review occurred.

Perjury – a willful false statement of a material fact, swearing to what is untrue or omitting to answer all questions under oath.

Permanent resident immigrant – see Lawful permanent resident immigrant.

Personal Identification Number (PIN) – the five (5) digit number chosen by the client as a security code to access EBT benefits.

Personal injury insurance – protection purchased from a company for the payment of cash upon occurrence of an injury or accident and is not for repair, replacement or medical expenses.

Personal Opportunities With Employment Responsibilities (POWER) – the program set up and partially funded under the Temporary Assistance to Needy Families (TANF) block grant, formerly AFDC, and includes POWER-SASFA and Tribal TANF.

Personal Opportunities With Employment Responsibilities – State Adult Student Financial Aid (POWER-SASFA) – the state funded program for students who are in approved educational programs and who have continued to meet the educational requirements specified in Wyoming welfare reform statutes. (W.S. 42-2-109)

Personal property - all things owned or possessed excluding land and building affixed thereto.

Physical care - the act of attending to the material and natural needs of a child(ren) (see Care and control).

Physical harm - damage or injury to the body that exists or threatens to exist if a specified event occurs.

Physically/mentally disabled/incapacitated - pertains to the time limit provision, verification has been provided substantiating the health of an applicant/recipient is of such severity the individual cannot obtain/retain employment and/or maintain independence in the community as it is beyond the individual's capability.

Plan for Achieving Self Support (PASS) account - an account set up by an SSI recipient for the specific purpose of fulfillment of a Plan for Achieving Self-Support under Title XVI of the Social Security Act.

Post secondary education – a program of instruction beyond high school directed toward a degree, a license or a certificate and offered by:

1. An institution of higher education as determined by the Secretary of Education; or
2. A public institution legally authorized by the State of Wyoming to provide such a program.

Power of Attorney (POA) - a written document a person signs appointing another person to legally act in behalf of or perform duties as if s/he was the person taking the action.

Preponderance of evidence – when the number of supporting facts or statements for one condition is greater than for another condition.

Primary beneficiary - a person who has worked the specified number of quarters in covered employment and is eligible for retirement or disability benefits from SSA in his/her own right.

Primary caretaker - the person(s) who provides the care and control of the child(ren) more than 50% of the month/year and there is likely to be an interruption of the absent parent's provision of maintenance, guidance and/or physical care of the child(ren) (see Care and Control).

Primary evidence - a document or record of an official government agency or public institution accepted in a judicial proceeding as establishing the truth.

Program requirement - the condition(s) that must be met to qualify for a POWER performance payment.

Project area - any county or district consisting of counties designated by the state as an administrative unit for program purposes.

Property - both real and personal assets owned by the family unit.

Pro rated share - the gross earned and unearned income, less all allowable exclusions, divided by the number of assistance unit members including the excluded individual(s).

Prorate - divide or distribute proportionally:

1. Based on days of eligibility for initial months of eligibility.
2. To determine months of ineligibility because of receipt of a lump sum.
3. To average income over intended period of use for self-employment or contractual income.

Prosecution, Recovery, Investigation, Collection Enforcement (PRICE) – Prosecution, Recovery, Investigation, Collection Enforcement in the DFS.

Prospective budgeting - using the best estimate of the income and circumstances that will exist in the benefit month to determine eligibility and to compute the benefit.

Prospective eligibility - the method of testing income, expenses and circumstances for a future benefit month against specified conditions or factors when eligibility requirements are met.

Protective payee - the person, other than the caretaker relative, to whom payment is made and who is managing the funds for the purpose of safeguarding the health and safety of the child(ren).

Provider -

1. Any person other than a mother, father, stepmother, stepfather, foster parent or member of the assistance unit who is approved to provide child care services under the child care regulations and rules; or
2. An individual, business or agency from whom DFS purchases services or goods on behalf of a recipient or assistance unit.

Public assistance - any program where income and/or assets are tested to determine eligibility, (i.e., POWER, SSI, SNAP, Child Care and medical assistance).

Public institution - a governmental establishment, or an establishment over which a governmental unit exercises administrative control, that furnishes (in single or multiple facilities) food, shelter and some treatment or services to persons unrelated to the proprietor. For POWER, in Wyoming these are the State Hospital, Community Alternative Centers (CAC), Training School, State Penitentiary, Women's Center, Honor Farm, Girls' School, Boys' School, Pioneer Home and city/county jail facilities.

Pursuit – the act of seeking, obtaining or accomplishing the payment of child support through commonly accepted child support enforcement procedures.

Putative – commonly accepted or supposed.

Qualified immigrant -

1. A lawful permanent resident with 40 qualifying quarters of work (spouse and minor dependent can be credited) without receipt of government benefits;
2. A refugee, asylee, one whose deportation is withheld for up to five (5) years for PO and indefinitely for CC, upon entry into the U.S. or a parolee for up to one (1) year after entry into the U.S.
3. A qualified immigrant means an immigrant who at the time the immigrant applies for or receives SNAP is in one (1) of the following categories as determined by the Citizenship and Immigration Services (CIS).
   1. Lawfully admitted for permanent residence (LPR) in the United States (holders of green cards). This category includes “American immigrants” as defined under Section 584 of the Foreign Operations, Export Financing and Related Programs Appropriations Act of 1988;
   2. Granted asylum under section 208 of the Immigration and Nationality Act (INA);
   3. Refugee admitted to the United States under section 207 of the INA (the Trafficking Victims Protection Act of 2002 (Public Law 106-386) requires victims of a severe form of trafficking to be treated as refugees for SNAP purposes);
   4. Paroled into the United States under section 212(d)(5) of the INA for at least one (1) year;
   5. Deportation is being withheld under section 243(h) of the INA as in effect before 4/1/97, or removal is withheld under section 214(b)(3) of the INA;
   6. Granted conditional entry under section 203(a)(7) of the INA as in effect before 4/1/80;
   7. Cuban or Haitian entrant under section 501(e) of the Refugee Education Assistance Act of 1980;
   8. Under certain circumstances, a battered spouse, battered child(ren) or parent or child(ren) of a battered person with a petition pending under 204(a)(1)(A) or (B) or 244(a)(3) of the INA;
   9. U.S. military connection (veteran, active duty, spouse or unmarried dependent child(ren);
   10. Lawfully in the U.S. on 8/22/96 and age 65 or older;
   11. Qualified immigrant receiving blind or disability benefits, or under 18 years of age, regardless of date of entry;
   12. Canadian born Indians under 289 of the INA;
   13. Member of an Indian Tribe under 4(e) of Indian Self-Determination and Education Assistance Act; or
   14. Hmong or Highland Laotian refugees (fought on behalf of U.S. during Vietnam conflict).

Qualifying quarters - quarters of coverage under Title II of the Social Security Act, including quarters worked by the immigrant, a parent while the immigrant was under 18 and quarters worked by a spouse while married to the immigrant, and has not received public assistance.

Quarter – three (3) calendar months - January through March, April through June, July through September and October through December.

Real property - land and buildings or immovable objects permanently attached thereto; land, and generally whatever is erected, growing upon or affixed to the land.

Reapplication - the completion of an application in writing requesting assistance after being ineligible for benefits for more than one calendar month or, for SNAP, following a break in participation.

Reasonable appraisal - a value given by a knowledgeable source close in amount to the similar property values in the community or is logical using prudent person judgment.

Reasonable distance - the distance from home to work does not exceed two (2) hours per day not including the transportation of a child(ren) to and from a child care facility.

Reasonably expected - the condition of being in agreement with the belief an event will occur.

Recertification – re-applying when the certification period ends, re-verifying each factor of eligibility, establishing a new best estimate of income, when applicable, making a decision of eligibility and benefit amount, establishing a new certification period not to exceed 24 months and entering documentation in the case record.

Recipient - a person who is eligible for and receiving benefits on her/his own behalf or on behalf of others.

Recover - to collect a payment issued for which the person(s) was not eligible.

Redetermination - to re-verify each factor of eligibility, establish a new best estimate of income, when applicable, make a decision of eligibility and benefit amount based on the verified information and performance standards and enter documentation in the case record when a change in circumstances is reported.

Reinstate – to restore the case to eligible status when a full benefit month has not passed or an administrative hearing request has been requested timely.

Relative -

1. An individual who is through marriage, blood relationship, or court decree, the grandparent, great- grandparent, sibling, aunt or uncle of a child;
2. Any blood relative, including those of half-blood, first cousins, nephews and nieces and persons of preceding generations denoted by prefixes of grand, great or great-great are included in this definition;
3. Stepmother, stepfather, stepbrother and stepsister;
4. Adoptive or natural parents and their adopted or natural children;
5. Siblings, including those related through adoption; and
6. Spouses of any person mentioned above are considered relatives even though the marriage may be terminated by death or divorce.

Resident – a person who lives or dwells in Wyoming for a continued period of time with the intent to reside permanently in the state.

Resource – a community service agency that an individual may be referred to for additional assistance.

Restitution - full payment of assistance paid in error.

Retained child support - the money paid by the non-custodial parent for the needs of the child(ren) when sent directly to the recipient and not reported or turned in to the state; also the amount of child support kept by the State.

Retirement, Survivors and Disability Insurance (RSDI) - insurance through the Social Security Administration under Title II of the Social Security Act.

Room and/or board income – money received from providing rooms and meals, if a boarder.

Sanction -
For SNAP, a restrictive measure or penalty imposed against an individual for not meeting an eligibility requirement.

Satisfactory progress –

1. Post secondary educational component – the participant must meet, each term or semester, at least a 2.0 grade point average in the degree requirements.
2. Training component - the participant must meet quarterly a consistent standard of progress, which includes gains or proficiency levels and a reasonable time limit for completion of the training as determined by the instructor and POWER case manager or Benefit Specialist.

School – an elementary school, a secondary school or the equivalent to a secondary school or high school.

School attendance -

1. For SNAP –
   1. Full-time is 25 clock hours per week in a secondary school, secondary education program or a vocational or technical school without shop practice;
   2. Full-time is 30 hours per week in a vocational or technical school with shop practice;
   3. Half-time is 12 clock hours per week in a secondary school, secondary education program or a vocational or technical school without shop practice;
   4. Half-time is 15 clock hours per week in a vocational or technical school with shop practice; or
   5. Half-time is a minimum of six (6) credit hours at an institution of higher education.
2. For POWER - enrollment in a secondary school or a vocational/technical school equivalent to a secondary school or high school:
   1. Full-time is 30 clock hours per week;
   2. Half-time is 15 clock hours per week; or
   3. Part-time is half-time or more but less than full time.

School year - the annual period of sessions of an education institution usually beginning in the fall.

Seasonal farm worker - a person who works on a farm or ranch on a seasonal basis when the work is generally within commuting distance of his home.

Secondary education – education between elementary school and college. An elementary or secondary school student is someone who attends elementary, junior high, middle, or high school; or someone who attends classes to obtain a General Equivalency Diploma which is recognized, operated, or supervised by the student’s state or local school district; or someone who is educated through a home-school program supervised by the student’s state or local school district.

Secondary evidence - a document or record of a declaration of fact by individuals or entities that has no responsibility to establish the fact and is inferior to primary or best evidence.

Self-employed – when an individual earns her/his living directly from her/his own profession or business AND pays her/his own taxes rather than earning a salary or commission from another.

Shelter costs - the amount of money required to provide housing (i.e., rent, mortgage payments, motel rates) and/or the utilities (i.e. water, sewer, heat, electricity).

Shelter for battered women and children – a public or private nonprofit residential facility that serves battered women and their children.

Shelter included - the POWER payment levels used when the assistance unit pays any portion of their own housing and/or utility costs except the assistance unit(s) receiving a government housing subsidy, has a household member who receives SSI and is a relative or under the minor parent requirements.

Shelter supplied - the POWER performance payment level used when all housing and utility costs are provided to the assistance unit without cost and for the assistance unit(s) receiving a government rental subsidy, having a household member who receives SSI and is a relative or under the minor parent requirements.

Sibling - brother, sister, stepbrother, stepsister, half brother, half sister and adopted brother or sister.

Single custodial parent - for the work program exemption, the parent is the only adult in the household.

Single parent assistance unit - a family with one (1) custodial parent or, if both parents are in the home, one (1) parent is an SSI recipient.

Social Security Administration (SSA) – a division of the U.S. Department of Health and Human Services that administers federal social security programs.

Social Security number (SSN) - the account number assigned to all persons who apply and will be used to accumulate work history and contributions for payment of Social Security benefits.

Special needs - a child who is less than 18 years old who is developmentally disabled or has a mental or physical incapacity which limits her/his ability to care for herself/himself.

Sponsor - any person or any public or private organization that has executed an "affidavit of support" (CIS Form I-134) or similar legally binding agreement to support an immigrant as a condition of the immigrant's admission for permanent residence in the U.S. An immigrant may have more than one sponsor.

Sponsored immigrant - an immigrant lawfully admitted for permanent residence into the U.S. and for whom an affidavit of support has been executed.

Stable income - see Income.

State Data Exchange System (SDX) - used to notify the State of the people eligible for SSI.

Statement - a formal declaration of the circumstance(s) as requested by the agency.

Statute of limitations - the time allowed in the Wyoming statutes in which court action may be initiated and there is no limitation for debts owed to the state of Wyoming.

Stepparent - the spouse of a natural or adoptive parent, who is not a natural or adoptive parent.

Stepparent contribution - the amount of money considered available for the POWER eligible persons after applying the specified disregards to the ineligible stepparent's gross countable income.

Strike – any concerted slowdown, interruption of operations by employees or any stoppage of work by employees, including a stoppage by reason of the expiration of a collective-bargaining agreement.

Student - a person age 18 through age 49 who is physically and mentally fit and enrolled at least half-time in an institution of higher education.

Subsidized housing - see Housing subsidy.

Substitute provider - an individual who fills in for the usual provider for not more than 24 hours per month.

Supervised setting - for minor parents, a family setting with an adult relative or court appointed guardian or custodian as evidenced by the assumption of responsibility for the care and control of the minor parent and dependent child(ren).

Supplemental Security Income (SSI) – the program funded under Title XVI of the Social Security Act.

Support –

1. Alimony/Spousal support - a court or voluntary payment made to an individual by his/her spouse/former spouse;
2. Child support - a court ordered or voluntary payment made by a non-custodial parent for his/her child(ren) to assist with day-to-day maintenance;
3. Military allotment - the military payment allocated as support for a service person's dependents.
4. Parental support - providing to one's child the necessities such as food, clothing, housing, health and medical needs and is usually meant to be provided by expenditure of money or by in-kind unearned income.

Sworn statement - declaration under penalty of perjury the written information is true and correct.

Systematic Alien Verification for Entitlement (SAVE) - the CIS program whereby state agencies may verify the validity of documents provided by immigrants applying for public assistance benefits by obtaining information from a central data file.

SS 5 - an application for a Social Security number and card.

Teen Parent – a parent under the age of 20.

Temporary absence - see Absence.

Temporary Assistance for Needy Families (TANF) – In Wyoming, this program is operated as the POWER program.

Temporary Change - Any time-limited absence or reduction of parent/caretaker's status in working or attending job training or education.

Ten dollar limit – performance payment computed for less than $10 and, therefore, no payment is issued.

Tenancy in common – A tenancy by two (2) or more persons, in equal or unequal undivided shares, each person having an equal right to possess the whole property but no right of survivorship.

Terminate – to close a case and/or an individual from a program; to end the certification period before the scheduled time of expiration.

Termination of employment – the permanent loss of an employment position where the employee has no re-employment rights and/or there is no reasonable expectation the employee will be rehired by the same employer in the same or a substantially similar position in the foreseeable future.

Third Party Liability (TPL) – an individual, entity or program that is or may be liable to pay all or part of the medical costs of injury, disease or disability of a client.

Third Party Query (TPQY) – an automated system which allows rapid access to SSA and SSI information.

Thrifty Food Plan - the diet required to feed a family of four (4) persons consisting of a man and a woman 20 through 50, a child six (6) through eight (8) and a child nine (9) through 11 years of age, determined in accordance with the Secretary of Health and Human Service's calculations.

Time limitation - see five (5) year benefit limit.

Timely reporting – when information is provided either in writing, in person or by phone immediately after the client becomes aware of the change in circumstances.

Trade Adjustment Assistance (TAA) -

Trafficking -

1. For victims, a commercial sex act is induced by force, fraud or coercion or in which the person induced to perform such an act has not attained 18 years of age and the recruitment, harboring, transportation, provision or obtaining of a person for labor or services through the use of force, fraud or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage or slavery.
2. For fraud, illegally trading, buying or selling SNAP benefits.

Training – see Employment Training.

Transfer –

1. The act of moving the right, title or interest in property from one person to another by sale, gift or exchange; or
2. The act of sending the case file and moving the eligibility computer system case from one county to another upon request or because the assistance unit moved to another county.

Trust - a property interest held by one (1) person for the benefit of another.

Trustee – any person(s) appointed by the instrument creating the trust, or any person appointed by the court to administer the trust. (AKA grantee)

1. Trustor – the person who sets aside assets by placing them in a trust. Also known as donor, grantor or settler; and
2. Beneficiary – the person(s) who benefits from the trust during the life of the trustor and/or who benefits upon the death of the trustor.

Two-parent assistance unit – a family consisting of both parents (natural and/or adoptive, stepparent and parent) and their child(ren) living together in a home applying for or receiving a POWER performance payment. The parents may or may not be married. (see Single parent assistance unit and Marriage or married couple).

Two (2) party check - a payment made out to the recipient and the person furnishing goods or services and can be cashed only upon signature of both parties.

Unavailable –

1. Money from a lump sum incapable of being used for day-to-day needs of the assistance unit because it was spent or lost as the result of a disaster which was beyond the family's control;
2. A jointly owned asset the second party refuses to sell and each owner does not have the legal right to sell his/her share;
3. The asset is inaccessible because a legal barrier or restriction exists; or
4. Income inaccessible to the client because s/he does not have a legal interest in or is tied up in divorce or other legal action.

Uncompensated Value - see Value.

Underpayment/Underissuance - benefits received by or for an assistance unit which is less than the amount for which the unit was eligible.

Unearned Income - see Income.

Unemployment Insurance Benefit (UIB) –

United States (U.S.) - defined in a geographical sense as the continental United States, Alaska, Hawaii, Puerto Rico, Guam, U.S. Virgin Islands and Northern Mariana Islands.

Unpaid principal - the balance to be paid on an agreement to buy or sell.

Value - the monetary worth of a good or service.

1. Cash surrender value (CSV) - the amount the insurer will pay upon cancellation of the policy before death of the insured or before maturity of the policy.
2. Cash value –
   1. For assets, the amount that would be paid if the asset were sold or converted to cash.
   2. For income, the amount of the income or the value assigned to the service rendered for in-kind income.
3. Current market value (CMV) - the amount for which the property can be expected to sell for on the open market in the community at the time of determination or at the time of transfer or sale.
4. Equity value - the CMV or Fair Market Value (FMV) less any legal debts or encumbrances. For vehicles the equity value is FMV or trade-in value less encumbrances.
5. Face value - the basic death benefit of an insurance policy exclusive of dividend additions or amounts payable due to accidental death or other special provisions.
6. Fair market value (FMV) - the amount of money the sale of property would currently (or at the time of transfer) bring on the open market in the community where the property is located.
7. Trade-in value - for vehicles such as automobiles, trucks, vans and motorcycles, it is the trade-in value according to the Edmund’s Automobile Valuation internet site or the lower of two (2) reasonable appraisals of the amount that would be given if the vehicle was exchanged for another or turned in.
8. Uncompensated value - the current market value less the gross sale price.

Vendor – the person or business that provides goods or services to the recipient or on behalf of the recipient.

Vendor payment – the amount paid in behalf of an assistance unit which the assistance unit cannot convert to cash to meet its needs.

Verification - the act of establishing a fact as true by viewing evidence or obtaining a verbal description of the content of the evidence.

Voluntary quit –

1. For SNAP – an applicant or recipient has terminated or decreased her/his employment or rate of pay without good cause.
2. For POWER – an applicant or recipient has terminated or decreased her/his employment or rate of pay without good cause, including being fired due to her/his own fault.

Volunteers in Service to America (VISTA) –

Waive -

1. The act of formally withdrawing the requirement to penalize/disqualify an applicant/recipient for failure to cooperate with or not meeting a program requirement.
2. The act of confessing to deliberate misrepresentation by the applicant/recipient thus relinquishing her/his right to a disqualification hearing.

Waiver of disqualification - a written consent to disqualification from a program without a hearing which includes a declaration of whether the recipient admits to the acts presented by DFS.

Weapon – a firearm, explosive or incendiary material, or other device, instrument, material or substance which in the manner it is ordinarily used or intended to be used is reasonably capable of producing death or serious bodily injury.

Women, Infants and Children (WIC) – supplemental nutritional program administered by the Wyoming Department of Health.

Work activity expenditure - a specifically requested and approved payment which assists the participant in becoming employed while decreasing dependence on a welfare system.

Workforce Investment Act (WIA) – the federal training act, which replaced the JTPA (Job Training Partnership Act) programs.

Working - includes, for an ABAWD:

1. Work in exchange for money;
2. Work in exchange for good or services (in-kind); or
3. Unpaid volunteer work with an agency or organization which is scheduled and structured.

Work program action center - the place where the work performance contract staff meet with job seekers, offer job club and job readiness activities and maintain a job network center.

Work program performance requirements - includes the mandatory job seeker contacting the work program CM, keeping all appointments, complying with the steps and responsibilities in her/his IRP, registering for employment at DWS and following through with referrals to DVR for employment rehabilitation or an SSI application.

Wyoming On-Line Financial System (WOLFS) –

Zero money payment - a month where no POWER performance payment is made either due to the $10 limit or to over payment recovery.

301 Verification

Verify each eligibility factor for each individual to be included in the assistance unit prior to making the initial/ongoing eligibility determination.

1. Verify the eligibility factors prior to making the ongoing eligibility determination when a factor(s) is:
   1. Reported or known to have changed, or
   2. Suspected to have changed.
2. Require the applicant or recipient to provide the document(s)/ documentation necessary to verify the eligibility factors except:
   1. When the verification is provided on one of the following interfaces: Numident, TPQY, BENDEX, SDX, ESY4 or RIS;
   2. When verification is available within the agency in a prior case and the factor is not subject to change, i.e., a SSN or date of birth.
3. Assist the applicant or recipient, upon request, in obtaining the document(s) for verification when the individual is or would have difficulty providing them.
4. Evaluate the verification(s):
   1. Compare each piece of verification to the others to see if the information is consistent.
   2. Assure the date the document(s) was created verifies the factor and does not raise more questions.
   3. Consider the reason why the document was created.
   4. Examine the verification to determine whether it has been tampered with or altered.
   5. Determine whether the verification answers the issue in question.
5. Resolve any discrepancies or questions raised by the verification by:
   1. Requiring additional verification; or
   2. Contacting a knowledgeable source.
6. Allow the assistance unit at least ten days from the date of the notice to provide required verification.
7. Accept a collateral contact in cases when requiring documentary evidence would delay processing the application:
   1. Conduct a collateral contact either in person or over the phone;
   2. Select a collateral contact if the assistance unit fails to designate one or designates one which is unacceptable;
   3. Disclose only the information absolutely necessary to get the information being sought;
   4. Avoid disclosing the assistance unit applied for SNAP, failed to provide information or suggesting the assistance unit is suspected of any wrong doing.
8. Review and evaluate the information provided by the ESY4, SDX, BDX and RIS interfaces at each application and re-certification and when adding an individual to a household.

302 Documentation

1. Enter the proof of the verification in the case record by recording the type of verification, identifying numbers and any clarification notes.
2. Document the narrative as follows:
   1. The name of the person providing the information;
   2. The title of the person providing the information (when appropriate);
   3. The organization name;
   4. The date obtained;
   5. The type of document and date of the document;
   6. Identification number of the document (if any);
   7. Volume and page(s) reference of public records (when appropriate);
   8. The content of the information/document; and
   9. The initials of the individual who verified the information and the date verified.
3. Obtain a free copy of the Wyoming birth certificate by:
   1. Requesting on official DFS-SO letterhead;
   2. Specifying one person per letter;
   3. Specifying the individual’s full name at birth, mother’s maiden name, father’s name, date and place of birth;
   4. Including a self-addressed, stamped envelope;
   5. Addressing to:
      Department of Health, Vital Records
      Hathaway Building, First Floor
      Cheyenne, WY 82002
4. Obtain information concerning immigrant status through the SAVE process or by writing USCIS at:
   U.S. Citizenship and Immigration Services
   4730 Paris Street, Albrook Center
   Denver, CO 80239-2804

303 Evidence

1. Use the table as a guide for requesting primary evidence and secondary evidence to be used for verification and documentation.
2. Require the applicant or recipient to provide no less than one primary source or two secondary sources of documentation to verify each eligibility factor.
   1. Require the primary document/documentation when it is obtainable.
   2. Accept secondary documents/documentation only when the primary evidence is not available.
   3. Recognize one document may verify more than one eligibility factor for more than one applicant or recipient.

401 Application/Intake Process

A. The following are acceptable types of applications:

1. DFS 100 CC Application for Benefits; or
2. DFS 100 CC (Spanish) Application for Benefits.

B. Give, fax. e-mail or mail an application on the date of request.
C. Require a separate application for each assistance unit.
D. During regular business hours, accept and date stamp upon receipt a signed application when delivered by hand, by mail, online or by fax from the applicant or applicant’s authorized representative in the county of residence.
E. Consider all electronic documents received on a weekend or holiday as received on the first working day following the weekend or holiday.
F. Require the application to be complete if it contains the name and address of the applicant and signature of the applicant or authorized representative.
G. Conduct an interview and act upon the application within the specified time frames:

1. Within seven (7) working days (count starts first working day following the date of application), issue a DFS 205 to the provider for 30 days of Child Care assistance when:

a. The assistance unit appears to be eligible based on the statement of the parent/caretaker on the initial application;
b. The parent/caretaker has chosen a licensed provider who is currently registered on the eligibility computer system; and
c. The assistance unit has not received benefits due to presumptive eligibility within the previous 12 months;
d. Continue to process the application and approve or deny as appropriate.
e. A determination of presumptive eligibility is not required when a full eligibility determination has been completed in seven (7) working days.

2. Within 30 days for Child Care (see Section 1202):

a. Licensing of a provider may take up to 60 days;
b. Notify the client the application processing time shall take longer than 30 days when the licensing process is not completed within the 30 day Child Care application processing time;
c. Do not deny the application in 30 days for this situation.

3. Do not delay Child Care benefits due to delays in other program eligibility determinations/requirements.
4. Homeless households or children in foster care will receive additional time beyond the 30 days, if needed to provide verification to determine eligibility for child care.

H. Act on changes in circumstances, reported or known, which occur between the date of application and the date of authorization.

1. Eligibility is determined from the date the application is filed.
2. See Section 1500 for treatment of changes that have become known or are reported after the interview and prior to the date of authorization.

I. Inform applicants of their rights and responsibilities as detailed in Sections 402 and 404.
J. Applicants for Child Care benefits must be given a reasonable opportunity of at least 10 days from the date of a notice requesting verification to provide valid documentation of their immigrant status:

1. Do not delay, deny, reduce or terminate the individual’s eligibility for Child Care, pending verification of immigrant status when the DFS-FO did not provide a reasonable opportunity as of the 30th day following the date of application to provide verification;

K. Accept an application, or a written request from a POWER recipient, within 30 days of the child care need, but the beginning date of the authorization cannot be prior to:

1. The date of the Child Care application;
2. The date the approved activity began (see Section 701); or
3. The date the child first entered childcare, whichever is later.

L. Establish if the POWER applicant who is mandatory for the work program performance requirements has a child care need.

1. Send a copy of the request for child care to the work program case manager, when appropriate;
2. Consider the POWER assistance unit eligible for childcare benefits for up to 30 days during the POWER application processing period when the work program performance requirements are being met.

N. Terminate benefits within the first 30 days when the assistance unit was found presumptively eligible at initial application but is found ineligible during the application processing period.

402 Client's Rights

The applicant/recipient has the following rights and explain the rights to the applicant/recipient.

A. To apply for benefits:

1. Upon request and without delay;
2. On the prescribed form(s) obtained in person or by mail;
3. During regular business hours;
4. In the county of residence (unless a neighboring county has been approved by DFS-SO); or
5. At the DFS-FO of choice or outstationing facility.

B. To be accompanied at interviews by a person(s) of his/her choice.
C. To designate, in writing, an authorized representative when applying for or receiving Child Care:

1. To assist with the application process and/or interview;
2. To apply for benefits on the client’s behalf; and/or

D. To have the application and other personally identifiable information maintained confidential except as necessary to determine eligibility or to comply with state or federal law. (see Section 403)
E. To be informed about:

1. The length of time benefits are certified/authorized;
2. The rights and responsibilities of applicants/recipients;
3. Other available DFS and non-DFS programs.

F. To withdraw the application at any time for a Child Care benefit:

1. Document the case record when a withdrawal is requested either in writing or verbally;
2. Generate the withdrawal notice;

G. To freedom of choice to select the child care provider as long as the provider is licensed or exempt from licensing requirements. (see Attachment A)
H. To a notice of adverse action within the specified time frames for the program. (see Section 1400)
I. To an explanation of the right to request an administrative hearing within 30 days from the date of a notice of adverse action for Child Care.
J. To re-apply following denial or termination of benefits.
K. To child care consumer information.

403 Confidentiality/Safeguarding Information

Department of Family Services Staff:

A. DFS staff shall not be allowed to access their own case, the case of their immediate colleague, or the cases of clients where a conflict of interest exists.

Public Records:

B. Consider the following as public records and make them available to the public upon request with the approval of the DFS-FO manager or designee:

1. General information which does not identify individuals;
2. Statistical information related to budgets, expenditures, numbers of applicants or recipients or other information, which does not identify individuals;
3. Documents or information which detail the policies and procedures related to the delivery and administration of programs and services administered by DFS;

C. Charge the actual copying costs to the individual/agency requesting the records.

Confidential Information:

D. Hold confidential and do not release any information that can be identified as relating to a specific individual except as specified below.
E. Consider the following as confidential:

1. The names and addresses of applicants and recipients and amounts of cash assistance provided;
2. Documents naming a specific individual(s);
3. The fact of the existence of documents naming a specific individual(s);
4. Personal facts relating to a specific individual(s);
5. The fact of application for or receipt of a program or service through DFS;
6. Information relating to the social and economic conditions or circumstance of a particular individual including information obtained from IRS and SSA which must be safeguarded in accordance with procedures set forth by those agencies;
7. Any information known about a specific individual but not part of a case record or document.

Safeguarding Information:

F. Allow the subject, or the subject’s authorized representative, to examine, review or copy from his/her own case record any information except the following confidential information:

1. The names of individuals or other parties who have disclosed information about the subject without the subject’s knowledge;
2. Reports, correspondence or any case entry involving information from another individual, agency, organization or institution about the subject;
3. Information related to the status of prosecution of the subject.

G. Consider the authorization to release information on the application to authorize only the release for gathering of information as related to determining eligibility for the program or service.
H. Do not distribute materials such as “holiday” greetings, general public announcements, alien registration notices or voter information and registration materials.
I. Do not publish names of applicants or recipients.
J. Limit the use or disclosure of information concerning clients to purposes directly connected with:

1. Any investigation, prosecution, or criminal or civil proceeding conducted in connection with the administration of such programs;
2. The administration of any other federal or federally assisted program which provides cash or in-kind assistance or services directly to individuals on the basis of need;
3. Any audit or similar activity conducted in connection with the administration of any such program by any governmental entity, which is authorized by law to conduct such audit or activity.

K. Release confidential information to another party, other than that necessary to determine eligibility, only when the subject of the information has authorized the release to another party by completing a release form except officers and employees of the following:

1. The DVR when relating to a referral of an applicant/ recipient;
2. The Workers’ Compensation program as related to POWER work program job seekers;
3. Employees of the Tribal TANF program;
4. Federal and State agencies responsible for the operation of the various programs and services administered by DFS;
5. The SSA for establishing eligibility, determining the amount of the benefit and providing services for applicants or recipients.
6. Wyoming DWS as related to SNAP work registrants and POWER work program job seekers;
7. The Department of Education for programs administered by DFS where there is a data exchange agreement and to school officials to provide information regarding the eligibility of specified assistance units in order to determine eligibility for free or reduced price meals per Section 169 of P.L. 97-253.

L. Any information shall be released by the DFS-FO manager or designee and be directly related to legally established programs and functions of the inquiring agency or office and used only for the purpose made available.
M. Comply with a court order to release confidential information:

1. Contact the Attorney General’s office with any questions concerning the court order;
2. A court order for information relieves DFS of any harm in the release of information to the court;
3. File the court order in the case file.

N. Hold confidential and do not release confidential information requested by a subpoena without written direction from the Attorney General’s office or the DFS-FO manager.

1. Follow the directions given to release the subpoenaed information; or
2. Forward a copy of the subpoena to the DFS-SO who shall involve the Attorney General’s office for advice or for action to nullify the subpoena;
3. File the subpoena in the case record and document:

a. The direction given by the DFS-SO;
b. The action taken to release the information or nullify the subpoena.

O. Release confidential information to law enforcement and CPS as follows:

1. Make available, upon written request, to any Federal, State or local law enforcement officer the address, SSN and, if available, a photo ID of a recipient if the officer furnishes the recipient's name and notifies the agency the individual:

a. Is fleeing to avoid prosecution, custody or confinement for a felony;
b. Is violating a condition of parole or probation; or
c. Has information necessary for the officer to conduct an official duty related to a felony/parole violation.

2. Limit the report to law enforcement concerning a fugitive felon to the felon’s address when a law enforcement officer has not requested the information; (W.S. 42-2-111)
3. Report to the CPS, any cases of known or suspected physical or mental injury, sexual abuse or exploitation, or negligent treatment or maltreatment of a minor parent and/or a child receiving Child Care that threatens the minor parent's and/or the child's health or welfare. (DFS is required to provide all information available regarding such situations to the proper officials, which may include law enforcement agencies.)
4. Assist law enforcement officials and the family of a minor mother to pursue the filing of criminal charges against the father of the minor mother's child if the minor mother conceived her child while under 16 years of age and the father was at least four years older than the minor mother at the time of conception. (The Benefit Specialist is to refer these cases to CPS for referral to law enforcement.) (W.S. 42-2-103)

P. Allow materials to be sent or distributed to applicants, recipients, or medical vendors, which are in the immediate interest of the health and welfare of clients such as announcements of free medical examinations, availability of surplus food and consumer protection information.
Q. Computer Security Controls – Facsimile Mail (FAX) and Electronic Mail (E-Mail):

1. E-mail sessions on the DFS/State G-mail (Google) site are encrypted, including attachments (incoming and outgoing). Users are required to secure their computers when leaving the area by locking their computer by one of the following procedures:

a. Push the Windows Logo key (Winkey) + L on the keyboard (Preferred Method); or
b. Push Control + Alt + Delete, then click Lock Workstation.
There is an automatic screen saver that requires the user to log back into the computer with a required username and password. However, users are informed at the time of hiring, and reminded yearly that Federal Tax Information (FTI) is NOT to be printed, copied, e-mailed or faxed. This is an IRS Publication 1075, Section 9.18.5 requirement. FTI is only reviewed on the Caseload and Timeliness System (CATS).

2. If FTI was ever faxed to another office, IRS Publication 1075, Section 9.18.6 requires the following procedures be followed to protect FTI:

a. Ensure a trusted staff member is at both the sending and receiving fax machines;
b. Maintain broadcast lists and other preset numbers;
c. Place fax machines in a secured area;
d. Include a cover sheet on fax transmissions that explicitly provides guidance to the recipient, including:
e. Notification of the sensitivity of the data and the need for protection;

ii. Notification to unintended customer to telephone sender, calling collect if necessary; and
iii. To report the disclosure of and confirm the destruction of the information.

DFS Incident Handling Procedure: Protecting Federal Tax Information (FTI) if /when transmitting by
e-mail or fax.

R. Purpose – to provide guidance in reporting, needs, and actions in responding to information security breach incidents. The reaction to an incident aims to protect and restore the normal operating condition of services, computers and information.
S. Scope – DFS staff, contract personnel or anyone who accesses the EPICS system.
T. Procedure:

1. DFS Personnel shall establish and implement practices to minimize the risk associated with violations of information security and ensure timely detection and reporting of actual or suspected incidents or violations.
2. All DFS personnel and contractors (users) shall report any suspected or confirmed security violations and incidents within 24 hours.
3. Security violations shall be reported to one of the following: an Administrator, a Supervisor, Security Liaison or the office LNA.
4. Any incident that compromises IRS (FTI data) or SSA (PII data) confidentiality state standards shall be reported to an Administrator, a Supervisor, or the Director within 24 hours; and the Administrator, Supervisor or Director shall then report the incident to the Agent-in-Charge of the Treasury Inspector General for Tax Administration (TIGTA).
5. The Administrator, Supervisor or Director shall investigate information security violations and incidents and refer them to other government and law enforcement authorities when appropriate.
6. The Director, Administrator, Supervisor or District Manager may direct the PC/LAN (ETS) staff to restrict access to any or all systems, e-mail, folders, etc., for any employee.

a. PC/LAN (ETS) staff may be directed to seize equipment pending an investigation of an alleged or actual incident.
b. If equipment is seized, it shall be maintained under lock and key or given to the person directing the seizure for safekeeping.
c. If equipment is seized by any law enforcement agency, by subpoena or other authorizing measure, the Financial Services Division (FSD) Administrator or next higher authority shall be notified immediately.

404 Client's Responsibilities

The applicant and/or the recipient has the following responsibilities and explain the responsibilities to the applicant/ recipient.

A. The applicant is responsible for providing an application to DFS in the form prescribed by DFS.
B. The appropriate application is to be completed as specified for the following programs:

1. Allow the client the choice of completing the DFS100 CC or DFS100 CC Spanish Application;
2. Require completion of the DFS100 CC or DFS100CC Spanish Application or a written request from a POWER recipient for the Child Care Program;

C. The applicant/recipient is responsible for cooperating with the process of determining eligibility by:

1. Participating in an interview; or
2. Providing information essential to the decision on eligibility, including valid documentation of alien status for all individuals who are not U.S. citizens;
3. Providing documents for required verification;

D. The applicant/recipient is responsible for notifying the DFS-FO of any changes, which affect eligibility or the performance payment. (see Section 1500)

1. Changes must be reported no later than ten calendar days upon knowing of the change for Child Care;

E. The applicant/recipient must provide information/verification needed about an eligibility factor(s) not later than ten days from the date of a notice of adverse action (see Tables) requesting the information/verification.
F. Include a contact date on the appointment form for each mandatory applicant and immediately forward a copy to:

1. The work program action center;
2. The CSA;

a. Do not refer the applicant or recipient when there are no child support issues involved;
b. The DWS for work registration unless job readiness must be assessed by the CM. (The Benefit Specialist shall review the weekly/monthly report from DWS for compliance);
c. Other referral resources as appropriate.

3. Refer to Attachment E for further information.

H. The applicant/recipient who has a previous overpayment is required to sign a DFS 707, Installment Contract,as a condition of eligibility and as a performance requirement unless:

1. The case is pending prosecution; or
2. The error cause is an agency error.

I. The applicant or recipient is responsible for providing verification, as specified in Section 303, of fleeing because of being battered or subjected to extreme cruelty or because of domestic violence when requesting assistance due to the situation.

501 Eligibility Factors

502 Categorically Eligible Persons

Consider the following persons categorically eligible:

503 Potentially Eligible Persons

Consider the following persons potentially eligible for Child Care services:

1. A child who lives with the parent(s)/caretaker(s) and no other parent(s)/caretaker(s) in the assistance unit is available during the same hours to provide the needed child care;
2. A child under age 13 or age 13 or over who is:
   1. Under court supervision;
   2. Developmentally disabled; or
   3. Physically/mentally challenged.
3. A child whose parent(s)/caretaker(s) is employed or self-employed;
4. A child whose parent(s)/caretaker(s) is attending an educational program, including college under- graduate study, and making satisfactory progress to acquire the degree.
   1. The educational program cannot exceed the first associate or baccalaureate degree; unless the associate degree was received while the parent/caretaker was pursuing a baccalaureate as the original employment goal; and
   2. The parent/caretaker has not exceeded the following time limitations for child care assistance while pursuing a college degree:
      (1) Three (3) years for an associate’s degree and six (6) years for a baccalaureate degree when the parent/caretaker has not been employed or employed an average of less than 30 hours per week while attending classes;
      (2) Five (5) years for an associate's degree and 8 years for a baccalaureate degree when the parent/caretaker has been employed for an average of 30 hours or more per week while attending classes.
5. A child of a parent(s)/caretaker(s) who is participating in and cooperating WITH SNAP E&T components, POWER Pay-After-Performance requirements;
6. A child in a two (2) parent/caretaker assistance unit when one parent/caretaker is unable to care for the child(ren) due to a disability if:
   1. Child care is necessary to allow the other parent/caretaker to maintain employment; and
   2. The disability and the inability of the parent/caretaker to care for the child(ren) is verified by a medical professional; and
   3. Verification has been submitted to document the parent with the disability is following prescribed medical treatment; and
   4. The assistance unit is pursuing and accepting any other available resources to move the assistance unit toward self-sufficiency, i.e., applying for SSI, working with DVR, etc.
7. A child of a parent(s)/caretaker(s) who has not lost POWER eligibility due to noncompliance.
   1. The assistance unit shall remain ineligible while the POWER payment is in $1 status (see Sections 714-724 and 1208); unless
   2. The parent(s)/caretaker(s) begins to cooperate with POWER performance requirements; or
   3. The POWER case closes and the parent(s)/caretaker(s) is employed an average of 20 or more hours per week;
8. A minor parent(s) who lives with his/her parent(s) and the minor parent and her/his parent(s) are all working or attending an educational program during the same hours;
   1. Allow payment to an outside provider in a grandparent situation if the child is at risk of abuse or neglect if the grandparent provides care;
   2. Verify the allegations of abuse/neglect have been substantiated by CPS.A child whose parent(s)/caretaker(s) is not a fugitive felon;
9. A child who is cared for by an authorized provider;
10. A child living in an assistance unit:
    1. Which has not been disqualified due to IPV or where fraud against DFS has not been established through legal proceedings;
    2. Where full restitution for an over payment has been made or the parent/caretaker has signed a repayment agreement.

504 Student

505 Assistance Unit Composition

Determine which persons in the household are to be included in the assistance unit.

1. Find one (1) assistance unit when:
   1. Two (2) parents, each with an eligible child(ren), are married to each other; or
   2. Two (2) parents who are not married to each other, each with child(ren) of their own and a child(ren) in common; or
   3. The caretaker’s spouse must be included in the assistance unit.
2. Find more than one (1) assistance unit when:
   1. Two (2) parents who are not married to each other, each with an eligible child and there is no child in common; or
3. Understand all siblings living in the same household must be included in the same assistance unit with their parents regardless of the marital status of the parents.

601 Age

1. Require a child to be between the ages of birth through 13; or
2. Require a child age 14 or over to be:
   1. Under court supervision and the court order specifies child care is necessary;
   2. Developmentally disabled or physically/mentally challenged and require medical verification that the child is unable to care for herself/himself.

602 School Attendance

No CC requirements.

603 Residence

Require each person who is applying for or receiving benefits to be a resident of Wyoming.

1. Consider a person a resident of Wyoming, who:
   1. Is living in the state voluntarily with the intention of establishing a permanent residence;
   2. Is not in the state only for vacationing; or
   3. Is receiving assistance in the Wyoming county of residence.
2. Recognize a lack of a permanent dwelling or lack of a fixed residence or home address may not act as a barrier to receipt of assistance as long as residence is met.
3. Find residence to continue until it is established elsewhere by the individual.
4. Allow no individual to participate as a member of more than one assistance unit or in more than one county/state in any month except:
   1. For Child Care purposes, a child may participate in two (2) assistance units when the parents are not living together and have shared custody or shared care and control of the child.
5. Wyoming residency is not a factor for Child Care for migrant farm workers who meet the citizenship eligibility factor.

604 Identity

A.  Determine if each applicant has met the identity eligibility factor.

605 Citizenship and Immigrant Status

1. Determine if each applicant or recipient meets one of the citizenship/ immigrant eligibility factors as indicated in the Table below to qualify for benefits.
2. Determine if each child is a U.S. citizen or legally residing alien who meets one of the citizenship/immigrant eligibility factors as indicated in the Table below for Child Care.
3. Realize automatic citizenship is granted to a child born in a foreign country or a child adopted from abroad by U.S. citizens and the child is (Child Citizenship Act, P.L. 105-185):
   1. Under 18 years of age;
   2. Admitted to the U.S. as a lawful permanent resident, and
   3. In the legal and physical custody of at least one parent who is a U.S. citizen.
4. Realize an adult victim of trafficking who is certified, and a child(ren) who has a letter, are eligible for benefits the same as a refugee under 207 of the INA (see the following chart) (Trafficking Victims Protection Act, P.L. 106-386):
   1. Understand the certification letter for the adult(s), and letter for a child(ren), shall be issued by the U.S. Department of Health and Human Services, Office of Refugee Resettlement (ORR), and is to be accepted in place of CIS documentation;
   2. Confirm the validity of the certification letter, or letter for a child(ren), and notify ORR of the benefits for which the individual(s) has applied by calling the trafficking verification line at (202) 401-5510;
   3. Record and set an alert for the expiration date of the certification date as a review of continuing eligibility must be conducted.
      Click Here For Citizen and Immigration

607 Relationship

Determine if the applicant or recipient meets the relationship eligibility factor by requiring the caretaker to be a relative to the child(ren) or, for Child Care purposes, the child must live with a parent or other adult who has a court order giving legal responsibilities or legal guardianship and who is exercising the care and control of the child. Foster parents are considered to meet this requirement.

701 Participation in Approved Activity

1. Require a parent(s)/caretaker(s) who is requesting child care assistance to be participating in an approved activity in order to receive child care.
2. Consider the following approved activities:
   1. Employment or self-employment (see Section 903);
   2. Attending an educational program and making satisfactory progress;
   3. Participating in and cooperating with the SNAP E&T components;
   4. Meeting the POWER Pay-After-Performance requirements; or
   5. Participating in employment related training.
3. Require both parents/caretakers in a two adult assistance unit to be participating during the same hours to establish a need for child care.
4. Child care assistance shall be available for a child(ren) in a two parent/caretaker assistance unit when one (1) parent/caretaker is disabled and unable to care for the child(ren) if:
   1. Child care is necessary to allow the other parent/caretaker to maintain employment;
   2. The disability and the inability of the parent/caretaker to care for the child(ren) is verified by a medical professional;
   3. Verification has been submitted to document the parent with the disability is following prescribed medical treatment; and
   4. The assistance unit is pursuing and accepting any other available resources to move the assistance unit toward self-sufficiency, i.e., applying for SSI, working with DVR, etc.
5. Require the minor parent and the parent(s) of a minor parent, when living together, to be working or attending an educational program during the same hours to establish a need for child care.
6. Consider a child(ren) of a parent(s)/caretaker(s) who loses POWER eligibility due to noncompliance ineligible while the POWER payment is in $1 nonpayment status.
   1. Eligibility may begin again when the parent(s)/caretaker(s) begins to cooperate with POWER performance requirements; or
   2. The POWER case closes and the parent(s)/caretaker(s) is employed an average of 20 or more hours per week.

901 Countable/Available Income

1. Determine the total income available, each source of income and whether the income is earned, unearned, exempt or nonexempt.
2. Consider income available when it is made accessible, when it is received, when it is credited to a person’s account or when it is set aside for an individual’s use, applying the applicable program policy.
3. Prorate or average income from self-employment, employment on a contractual basis, or income received intermittently on a quarterly, semiannual or yearly basis over the period covered by the income unless not indicative of future months. (see Section 903)
4. Consider income as an asset when still available on the first of the month following the month received.
5. Consider the garnishment of income as voluntarily assigned to pay a debt and as countable income.
6. See Section 606 for treatment of income of a sponsor of an immigrant.
7. Consider contributions by non-assistance unit members based on their written statement.
8. Use the following in determining income available to the assistance unit.
   1. Consider for assistance units living together in the same household the income of:
      1. A spouse is available to the spouse; and
      2. A parent is available to a child through age 17 unless the child is emancipated or a minor parent, and
      3. A minor parent is available to her/his child but the income of the minor’s parent(s) is not used for the grandchild; and
      4. An ineligible child’s income is not available to the assistance unit; and
      5. A caretaker when there is a court order specifying s/he is financially responsible for the child(ren); and
      6. A step-parent.
   2. Exclude income of a caretaker, other than the parent, unless there is a court order specifying the caretaker is financially responsible for the child(ren).
9. Use the following chart to determine the type of income and how it is used in the calculation of the benefit. (See Section 1000 for information concerning exempt income under Public Laws.)
   1. Enter unearned income on the Unearned Income window;
   2. Enter earned income on the Earned Income window;
   3. Enter self-employment on the Self-employment Income window.

902 EPICS/JAS Income Codes (No legal cite)

1. Enter the income codes for Child Care on the INRE screen in JAS.
2. Enter the income codes for SNAP and POWER on the EPICS screen indicated in the following table:

903 Treatment of LLC and S-Corp

1. Determining income for LLC and S-Corp
   1. Treat LLC and S-Corp as a Sole Proprietorship. Allow a 25% deduction or actual deductions use whichever one benefits the client. If no deductions do not allow any (For treatment of LLC and S-Corp follow Section 904 below).

904 Treatment of Self-Employment Income

1. Allow the following deductions as business expenses from self-employment income:
   1. Rent and utilities (see B., 9.);
   2. Storage and warehousing charges;
   3. Upkeep of premises/machinery repairs;
   4. Wages and salaries paid to employees other than the individual herself/himself or other assistance unit members;
   5. Feed, stock, raw material, seed, plants and fertilizer;
   6. Transportation costs required to perform the service or deliver the goods should be calculated by using the current “state” rate;
   7. Taxes and insurance premiums paid on income-producing property;
   8. Privilege taxes such as licensing fees and gross receipts and general excise taxes;
   9. Rental payments on income-producing equipment;
   10. Cost of merchandise and supplies; or
   11. Out-of-pocket expenses of meals, toys and materials for child care providers:
       1. Consider the USDA food reimbursement exempt for SNAP unless the provider states the payment was for more than the cost of doing business;
       2. Document how the income was considered.
   12. Use a 25% business expense deduction from the assistance unit’s gross self-employment income, excluding farm losses:
       1. When at least one expense, relevant to the self-employment business is reported;
       2. The expense does not have to be equal to 25% of the self-employment gross income.
   13. Use actual business expenses as listed in 1 – 14 or a tax return exists or statement from client and the 25% is disputed.
   14. Do not allow a 25% gross self-employment income business expense deduction when the client states they do not have any business expenses.
2. Do not allow the following as business expenses:
   1. Expenses and net losses from previous periods;
   2. Federal, state and local income taxes;
   3. Money set aside for retirement purposes and other work-related personal expenses such as transportation to and from work or entertainment expenses;
   4. Repayment on the principal of a bank loan;
   5. Depreciation;
   6. Penalties and fines;
   7. Charitable contributions.
   8. Payments on the principal of the purchase price of income-producing real estate and capital assets such as equipment, machinery and other durable goods;
   9. Rent and utilities when the business is run in the home except in room and board situations
3. Allow costs when they are billed or otherwise become due but not overdue.
4. Annualized:
   1. Self-employment income that represents a household's annual income must be annualized over a 12-month period. This applies even if the income is received during only part of the year, and it applies regardless of whether or not the household received income from other sources.
5. Use the total capital gains as income as calculated on the federal tax forms.
6. Determine the net profit of the business by:
   1. Adding all gross self-employment income;
   2. Adding any capital gains;
   3. Subtracting allowable costs of producing the income (aka deductions);
   4. Dividing the result by the number of months the income is to cover.
7. Use the following Table to determine treatment of self-employment income:

905 Determining the Best Estimate

Determine eligibility prospectively for all benefit months using the best estimate of income anticipated to be received during the benefit month.

A. "Best Estimate" of Prospective Gross Countable Income

1. 1. Calculate income in the month of application as follows when the income is from a terminated source:
      1. Use the “actual” income received, prior to the date of application or when all paychecks cannot be reasonably anticipated, do not average the total or convert the income.
      2. Income is not considered to be from a terminated source until a paycheck is not received for each scheduled pay period in any given month.
         Example: An individual’s regularly scheduled pay dates are on a weekly basis. The individual receives a final pay check on the 1st pay date of the month in the gross amount of $700.00. Application date is after the 1st pay date. The “actual” amount of income for the month is $700.00.
   2. If the amount of income that will be received, or when it will be received, is uncertain, that portion of the household’s income that is uncertain shall not be counted; and
      1. DOCUMENT clearly in the case record to explain why all checks were not counted; or
      2. If a paycheck can be reasonably anticipated for all pay periods and the amount(s) are known; add the gross income of all checks, average and convert the income; and
      3. Recalculate the second benefit month, using zero income, when the income ceases in the month of application and no other income is anticipated.
   3. Calculate income in the month of application as follows when a pay check is not received by an individual for each regularly scheduled pay date in the month:
      1. Use the “actual” income received, do not average the total or convert the income; and/or
         Example: An individual’s regularly scheduled pay dates are on a weekly basis. The individual receives a check on the 1st and 4th pay dates of the month in the gross amount of $300.00 each. The individual does not receive a check on the 2nd and 3rd pay dates of the month. The "actual” amount of income for the month is $600.00.
      2. Use the best estimate of any income due the applicant when the “actual” amount is unknown; and
      3. Use a combination of a. and b. when both occur; and
      4. Re-calculate non-reflective income for the second benefit month using a new best estimate, average the income and convert, if appropriate.
   4. Calculate income in the month of application as follows when a pay check is received by an individual for each regularly scheduled pay date in the month, but a pay check contains partial income and/or non-reflective income and/or a pay rate increase:
      1. Add the gross income of all checks, average and convert the income; and
         Example: An individual works 40 hours per week and the regularly scheduled pay dates are on a weekly basis. The individual receives pay on the 1st and 2nd pay dates of the month earning $234.00 at $5.85 per hour for each pay date. The individual receives an hourly rate increase to $6.00 per hour and is reflected on the 3rd and 4th pay checks: $6.00 x 40 = $240.00. $234.00 + $234.00 +$240.00 + $240.00 = $948.00 divided by 4 = $237.00 x 4.3 = $1019.10.
      2. Re-calculate the income for the remaining months of the certification period using income that is best reflective of future circumstances, re-average and convert.
   5. Anticipate income for the benefit month in which it is available.
   6. Use the income of the minor parent and her/his child(ren) but DO NOT use the income of the minor’s parent(s) to determine Child Care eligibility.
   7. Review the best estimate each time a change in circumstances is reported or becomes known and at the time of a periodic review/recertification.
   8. Use the following as the basis for estimating gross countable income for the benefit month(s):
      1. Verify previous income by pay stubs or an employer’s statement when there is a 30 day history, but do not exceed 60 days history, and DOCUMENT the case record indicating how the best estimate was calculated when a change in circumstances is not expected. (Both earned and unearned income must be included in the estimate.)
      2. An employer’s statement or other verification should be used as the basis for the best estimate when an applicant or recipient does not have a 30 day history or the history is not reflective of the future. (Both earned and unearned income must be included in the estimate.)
      3. Estimate tips, commissions, overtime, differential pay, etc., when the employment is of such a nature one or more of these are likely.
      4. Use the mid-point (i.e. 25 to 30 hours = 27.50 hours) when the hourly schedule is fluctuating unless the schedule is not reflective of future circumstances.
      5. Use income and business expenses (see Section 902) that fairly represent the prospective benefit month(s) for a self-employed applicant or recipient whose income is irregular.
      6. Prorate or average income from self-employment, employment on a contractual basis or income received intermittently over the period covered by the income (quarterly, semi-annual or yearly basis) unless the income is not indicative of future months.
      7. Count monthly or semimonthly income as follows when a problem with the payroll (i.e., mail or computer problems) causes additional checks in one month:
         1. If payment is regularly received semimonthly but a problem causes three checks to be received in one month, count only two;
         2. If payment is regularly received monthly but a problem causes two checks to be received in one month, count only one.
      8. The method(s) used to anticipate gross countable income during the benefit month will vary according to the circumstances in each case.
         1. Come to an agreement with the client when deciding the best approach to determine the best estimate.
         2. DOCUMENT clearly and thoroughly in the case record the method used and the rationale for the best estimate.

B. Best Estimate For Cases With An Income History

1. 1. Review the income documents and information obtained during the interview to determine what income is best reflective of future circumstances.
   2. Base the best estimate upon the verified income history of 30 days and not to exceed 60 days when it is representative, and no changes are expected, to anticipate income for the benefit month(s)
      1. Add verified gross income from each pay period; and
      2. Divide the total by the number of pay periods considered; and
      3. Multiply gross income by 4.3 for weekly amounts, by 2.15 for bi-weekly amounts, by 2 for semi-monthly amounts and by one for monthly amounts.
   3. DOCUMENT in the case record the type of verification and the rationale actually used in the determination of the best estimate.

C. Best Estimate For Cases Anticipating a Change(s) or With No Income History

1. 1. An employer’s statement when the income history is no representative of current or future benefit months or is not available, beginning a new job, increase/decrease in hours worked or rate of pay, etc.;
   2. Use the client's and your own reasonable expectations of future circumstances to arrive at a best estimate;
      1. Multiply gross income by 4.3 for weekly amounts, by 2.15 for bi-weekly amounts, by 2 for semi-monthly amounts and by one for monthly amounts; and
      2. Add the anticipated monthly gross income from all sources
   3. DOCUMENT the type of verification and the computation of the amount of anticipated income in the case record

Examples for Establishing a Best Estimate:

Scenario #1 - Employer, TrailSide Diner, states Dodie Goodie is beginning employment on 2/1. She will be working 30-40 hours per week (fluctuating) and will be paid $4 per hour. The employees paid on a bi-weekly basis. Since Dodie is a waitress, the employer states she will be making about $50 per week in tips.

Best Estimate -

• Use the mid-point (35 hours in this case) when the hourly schedule is fluctuating.
• Multiply 35 hours by the hourly rate of $4 for a weekly total of $140.
• Multiply the weekly total of $140 by 4.3 weeks to convert the income to a monthly total of $602.
• Multiply the expected tips of $50 per week by 4.3 weeks to convert the income to a monthly total of $215.
• Add the monthly wages of $602 and the tips of $215 for a best estimate of $817 per month.

Scenario #2 - Employer, Bette’s Dairy Farm, states Dave Donut is beginning employment on 3/1. He will be paid $400 on the 1st of each month and $400 on the 15th of each month. This is a stable source of semi-monthly income with no fluctuation.

Best Estimate -

• Multiply $400 by two for a monthly best estimate of $800.

Scenario #3 - Employer, Shacks Radio Store, states Hamm Michaels will begin working for them on 5/1. He will earn a stable income of $150 per week and will be paid every other Friday (bi-weekly).

Best Estimate -

• Since you are using Employer's Statement take $150 x 43 = $645.

Scenario #4 - An ongoing client reports she recently received a cut in hours at her employment. The cut is effective on the 15th as she is paid semi-monthly. The employer’s statement indicates her hours have changed from 20-25 per week to 15-20 per week. Her hourly rate is $4.25. Due to the cut, she has applied for unemployment benefits. Her award letter states she will receive $50 per week.

Best Estimate -

• Use the mid-point number of weekly hours of 17.5 and multiply this by the hourly pay rate of $4.25 for a total of $74.375 x 4.3 = $319.81.
• Multiply the average weekly unemployment benefits by 4.3 for an average monthly total of $215.

Scenario #5 - Applicant provides wage stubs for verification of income as has worked at the same job for some time and does not expect any changes. The wages are as follows: June 1, $150; June 15, $165; July 1, $155; July 15, $145.

Best Estimate -

• Add the wage stubs for a total of $615.
• Divide the total of $615 by the number of wage stubs (4) for an average of $153.75 per pay period.
• Multiply the average of $153.75 by 2 pay periods per month (semi-monthly) for a monthly total of $307.50.
  When wage stubs are reflective of future circumstances, verify a 30 day history but DO NOT exceed 60 days history. Obtain an employer's statement when client does not have pay stubs.

* DOCUMENT the case file indicating how the best estimate was calculated.
* Both earned and unearned income must be considered in the best estimate.

D. Best Estimate For Cases With Fluctuation of Earnings Due to Seasonal or Migrant Employment.

1. 1. Review the income documents and information obtained during the interview to determine what income is best reflective of future circumstances.
   2. Annualize income received over a 12 month period when it is intended to meet the households needs for the entire year even when the income is received part of the year.

906 Benefit Levels

1. Use the Child Care Sliding Fee Scale, Table 1, to determine the appropriate Child Care maximum benefit level.

907 Income Disregards/Deductions

1. Disregard a flat amount of $200 from the gross earned income of each working adult whose income is used in determining eligibility for Child Care.
2. Child Support deduction from the income of parents whose income is countable and are paying child support.
   1. The parent must be active and current in Record and Verification for Eligibility System (RAVE).
   2. We cannot allow a deduction for parents who are private pay.
   3. We cannot allow a deduction when the child support is paid to the courts in another state. The parent will have to contact child support in Wyoming and set up a case in Wyoming.
   4. RAVE is the documentation for the child support paid. No other documentation is acceptable.
   5. The worker will average the child support paid just like they average the child support received, do not include arrears payments in calculations to determine average payment. Do not exceed monthly court ordered amount.
   6. There must be a full, current calendar month verification for the child support paid in order to use it as a deduction.
   7. When entering the child support paid on the Jobs Automated System (JAS) INRE screen the worker must:
      1. Use the code CS (special code) and;
      2. Enter a Minus (negative) sign before the monthly amount paid.

1101 Child Care Benefit Computation

1. At initial application require the assistance unit to meet the income limits in Table I, Steps 1-4.
2. Issue a DFS 205 to the provider for 30 days of assistance within seven working days of the date of application when:
   1. The assistance unit appears to be eligible based on the statement of the parent/caretaker on the initial application;
   2. The parent/caretaker has chosen a licensed provider who is currently registered on JAS; and
   3. The assistance unit has not received benefits due to presumptive eligibility within the previous 12 months;
   4. Continue to process the application and approve or deny as appropriate.
3. Establish the number of hours to be authorized and the rate of payment to be made.
4. Determine the period of time the authorization is to cover a minimum of (12) twelve months not to exceed twelve (12) months, beginning with:
   1. The date of the child care application; or
   2. The date the approved activity began (see Section 701); or
   3. The date the child first entered care, whichever is later.
   4. If there is a temporary loss of activity, the recipient continues to be eligible for the benefit period. (i.e. college student with breaks in semesters or teacher not working for summer.)
5. Assistance cannot begin before the provider registration process is completed and on file and before the child care provider is licensed, when applicable.
   1. Require the provider registration process to be completed during the 30-day application processing period; and
   2. Require the provider to submit a signed and dated Licensing Application (DCL-01) to the regional licensing specialist during the 30-day application processing period when the provider must be licensed. (See Section 401)
6. Base the number of hours of child care assistance needed by a self-employed assistance unit upon the net income divided by the federal minimum wage.
7. Allow the actual time the parent(s)/caretaker(s) participates in a work requirement activity as verified by the Benefit Specialist.
8. For POWER recipients follow case plan for actual hours.
9. Approve up to one hour per day to cover transportation time to and from the activity (which includes self-employment) and the child care facility and up to one hour for meals when the parent(s)/caretaker(s) is working or participating in an educational activity. Do not allow travel for POWER recipients.
10. When a full day of child care has been authorized for a provider with full day rates, child care cannot be authorized for a second provider for any time that occurs between the start time and the end time at the first provider.
11. Authorize students according to the length of time her/his studies are scheduled (i.e., college - length of time per semester, vocational class - length of time to complete but not to exceed twelve (12) months).
    1. Allow time for special situations as indicated by the instructor as part of the class work (i.e., computer lab work, art shows, music concerts or tutoring);
    2. If not more than two (2) hour break between classes a lunch hour is allowed;
    3. Disallow time for studying.
12. DO NOT exceed 16 hours in a 24 hour day for payment of child care services unless:
    1. Overnight travel is necessary for the parent(s)/caretaker(s) to accept or maintain employment; and
    2. The absence of the parent(s)/caretaker(s) does not exceed 30 days.
13. Authorize seasonal workers according to the type of work expected and length of time the work will continue.
14. Pay the provider a portion of the cost based on the Sliding Fee Scale, Table I.
15. Require the client to be responsible for the child care charges not covered by DFS.
16. Assure the authorization(s) accurately reflects the assistance unit’s child care need and document the rationale for the authorized child care hours in the case record.
17. Generate an authorization to pay the actual charge, the statewide limit, or the DFS provider rate, whichever is lower.
18. Base payment to the provider on the provider's usual rate schedule for private pay customers not to exceed the provider's daily, weekly, or monthly rate and not to exceed the rate established by the provider for DFS purposes, whichever is less
    1. Make payment to a licensed provider based on a part day and/or full day rate when the provider charges by the daily, weekly or monthly;
    2. Make payment to a legally exempt relative and non-relative provider based on a part day and/or full rate;
    3. Do not exceed the rate the provider charges based on a family rate when more than one child receives care from the same provider;
    4. Make payment according to the authorization for each child;
    5. Base the payment rates on the child’s age as of the first day of the month;
    6. Disallow payment for hours or part/full day slots not indicated on the authorization;
    7. Do not exceed the actual costs billed, even if the authorization would allow more;
    8. Do not exceed the provider's actual monthly, weekly or daily fees charged to non-DFS clients when paying the provider based on the hourly rate established for DFS computer purposes;
19. Generate payment for a special needs child up to an additional $250 per month if the following conditions are met:
    1. The special needs must be verified and specified by a medical professional;
    2. The provider must submit proof of specialized education, experience and/or training to meet the special needs of the child from an appropriate professional;
    3. The parent or caretaker must apply for and accept any services which are available to meet the special needs before special needs child care can be approved;
    4. A DFS or contract supervisor must approve the payment; and
    5. Payment must be manually generated through the Wyoming On-Line Financial System (WOLFS).

1201 Child Care Eligibility Determination

1. Require the assistance unit to meet the income limits in Table I, Steps 1-4 when determining initial eligibility or when there is a break in aid of 30 days or more.
   1. Refer to Section 901 to 905.
2. Issue a DFS 205 to the provider for 30 days of assistance within seven working days of date of application when:
   1. The assistance unit appears to be eligible based on the statement of the parent/caretaker on the
      initial application;
   2. The parent/caretaker has chosen a licensed provider who is currently registered on JAS; and
   3. The assistance unit has not received benefits due to presumptive eligibility within the previous 12 months;
   4. Continue to process the application and approve or deny as appropriate.
3. Generate a notice of action from JAS of the approval and authorization of payment or the denial of an application within 30 days of the date of application.
4. Terminate benefits within the first 30 days when the assistance unit was found presumptively eligible at initial application but is found ineligible during the application processing period.
5. Allow the assistance unit to receive graduated phaseout when the countable income does not exceed Table I, Step 6, and when there has not been a break-in-aid of 30 days or more.

1202 Establishing a Child Care Benefit Period

1. Determine the period of time a Child Care authorization is permitted, a minimum of 12 months per authorization.
2. DO NOT begin Child Care assistance before the provider registration process is completed and before the Child Care provider is licensed, when applicable.
3. Require the appropriate provider registration form (DFS 203a/b) to be signed and returned during the 30 day Child Care application processing time.
4. Require the provider to submit a signed and dated Licensing Application Form (CCL-01) during the 30 day Child Care application processing time when the provider must be licensed.
   1. Licensing of a provider may take up to 60 days.
   2. Notify the client the application processing time will take longer than 30 days when the licensing process is not completed within the 30 day Child Care application processing time.
   3. Do not deny the application in 30 days for this situation.
5. Begin the authorization with whichever is later:
   1. The date of application; or
   2. The date the approved activity (see Section 701) began; or
   3. The date the child first entered child care;
   4. The provider met the provider eligibility requirements.
      1. Use the date of the Child Care application if met during the 30 day Child Care application processing time (may exceed 30 days if licensing application is pending),
      2. Use the date the provider change occurred if reported and the provider registration process was completed during the ten day change of report period, or
      3. Use the date the provider completed the provider registration process if met after the 30-day Child Care application processing or ten day change of report period unless a 30 day extension has been granted for the provider to meet licensing requirements.

1203 Child Chare Payment Process

1. Allow payment only to a provider who has a provisional or full license unless the provider is exempt from licensing. System will auto generate one (1) absent day payment as long as child has attended facility one (1) day of current month.
   1. Contact the DFS regional licensing specialist to obtain written or verbal verification the provider is licensed or exempt from licensing and document this in the case record;
   2. Providers exempt from licensing are:
      1. Relatives; or
      2. Grandparents caring for their own grandchildren and two unrelated children or children from one immediate family; or
      3. Caring for two or fewer children not related to them;
      4. Caring for children in children's home; or
      5. Providing occasional or sporadic care; or
      6. Caring for children from one immediate family; or
      7. Other situations as specified in W.S. 14-4-102(b), as may be exempt. (Contact the licensing specialist in these situations.)
   3. Disallow payment to a provider when:
      1. Abuse/Neglect has been substantiated against or a criminal history exists for the child care provider or any individual residing in the provider’s home.
         1. Case files must be documented that Central Registry and DCI checks have been made;
         2. Inactivate the provider on JAS;
         3. Send the DFS-206 to the provider to notify him/her of ineligibility for payment and options for disputing the report(s);
         4. Forward the results of a fingerprint check to the state office for final determination of eligibility for payment when the criminal history report is disputed by the provider; and
         5. Reactivate the provider if the DFS-SO reviews the criminal record and approves the provider for payment or the Central Registry record is removed.
      2. The provider has been denied/revoked licensing due to not meeting standards; or
      3. The provider has committed fraud against DFS;
      4. An outside provider is selected and a parent is in the home and available to care for the child(ren):
         1. Payment to an outside provider is allowable in a stepparent or minor parent situation if the child is at risk of abuse or neglect if the stepparent or grandparent provides care;
         2. Allegations of abuse/neglect must be substantiated as verified by CPS.
      5. A legally exempt relative or non-relative provider has failed to submit verification of current certification in infant/child CPR and first aid within 90 days of the date payments began; or
      6. The provider is in violation of compliance with federal, state or local laws applicable to operating a Child Care business.
   4. Generate a notice of adverse action prior to terminating the authorization(s) and issue payment to cover the last day the provider gave care or the effective date of the notice, whichever is earlier;
   5. Payment for substitute providers will be the responsibility of the provider who hired the substitute.
2. Require the person to be registered (DFS 203a/b and Child Abuse/Neglect Record Check and Criminal History Prescreening) as a DFS provider and at least 18 years old, unless emancipated by Wyoming law, in order to receive a DFS payment.
3. Require the child care provider who is exempt from licensing to meet the minimum health and safety standards as outlined on the DFS 203b, Registration Form for Unlicensed Providers.
4. Allow payment only to providers who permit parental access to the facility and their child(ren) during business hours.
5. Make payment directly to the child care provider and not to the client.
   1. DO NOT exceed the actual eligible authorized child care used at the lowest rate of the actual charge, DFS provider rate or statewide limit;
   2. Deduct payments made by or available from other sources prior to determining DFS payment amount; and
   3. 3. Quality capacity payments outlined in Section 1101 Q. are paid in addition to the charges for child care and are not reduced if the provider has rates that are less than the DFS market rate.
6. Require the client and provider to complete DFS 201, Bill for Child Care Services and return it to the DFS-FO within 90 days of the month the service was provided for DFS to make any payment.
7. Follow these recommended guidelines for issuing payments:
   1. Authorize payment on DPAC within 15 working days of the date that all properly completed billing forms have been received.
   2. Require the billing form to be reviewed for approved activities (see Section 701) and audit purposes before payment is authorized;
   3. Require the DFS district manager or designee to assign who reviews/audits the billing form prior to payment authorization;
   4. Refer to the form instructions of DFS 201 to determine if the form is properly completed.
8. Require the provider to be located in Wyoming.
9. Require the parent(s)/caretaker(s) to submit a completed DFS 204 to verify the provider meets health and safety standards.
10. Allow the Child Care Center (CCC) payment rate for:
    1. Facilities established as child care centers exempt from licensing because of their status;
    2. Centers located at the University of Wyoming, Wyoming's community colleges and the Wind River Reservation.
11. Disallow payment to more than three providers within a six month period unless good cause has been established. (see Attachment A-3 for Good Cause)

1209 Lump Sums

1. Determine if a lump sum payment is expected or has been received and apply the following procedure as appropriate.
2. Consider nonexempt earned or unearned income of an applicant or recipient to be a lump sum payment if:
   1. It is a one time only payment; or
   2. The payment is for retroactive monthly benefits; or
   3. It is a windfall (i.e. inheritances or lottery winnings); or
   4. It is a personal injury or worker compensation award; or
   5. It is an insurance settlement for damaged property and all or part of it was not used for replacement or repair within the 90-day exemption period for Child Care (see Insurance settlement in Section 806); or
   6. It is an asset replacement for damaged property and all or part of it was not used for replacement or repair within the 9-month exemption period for medical (see Asset replacement in Section 806).
3. Consider lump sum payments as income in the month following the month of receipt for Child Care.
   1. Use the total amount less legal fees required to make the money available and less any amount designated by the payor source for medical expenses.
   2. Use the lump sum prospectively when it can be reasonably expected to be received in the benefit month.
   3. Do not count a lump sum received before the month of application.
   4. Use the lump sum greater than the maximum benefit level received in the month of application.
      1. Deny the application; and
      2. Determine the period of ineligibility beginning with the month of application.
   5. Do not count a lump sum received after the month of closure nor use it to extend the period of ineligibility.
   6. Consider a lump sum received by a parent(s) of a minor parent as income in the month received.
4. Recover the over payment(s) when a lump sum is discovered too late to be used prospectively or not reported timely or issue an underpayment when the lump sum is anticipated for the benefit month but not received.
5. Acknowledge the period of ineligibility begins with the month following the month of receipt for Child Care.
6. Proceed as follows when the lump sum is over the income limit for Child Care:
   1. Re-determine the monthly income by dividing the lump sum amount by the maximum benefit level for the assistance unit size plus $1.00. (See Table I)
   2. Use the result to determine the number of months the assistance unit will be ineligible for Child Care benefits after rounding any fractions up.
7. Allow the period of ineligibility to be shortened under the following circumstances:
   1. For Child Care, the assistance unit incurs and pays medical expenses NOT covered by health insurance, Medicaid or a third party;
   2. The lump sum payment was received as reimbursement for the actual cost of replacement incurred by the assistance unit, not to include payment for “pain and suffering”;
   3. The lump sum payment was issued in error and written verification from the pay or is received indicating the client is required to return the lump sum money;
   4. The lump sum becomes unavailable to the assistance unit due to a disaster, which was beyond the family's control:
      1. The reasons considered beyond the family's control are the occurrence of an earthquake, fire, flood, tornado, robbery, or furnace breakdown and/or broken water pipes in the home when owned by a person in the assistance unit; and
      2. Require, second, all of these conditions be met:
         1. The lump sum was spent for food, clothing and/or shelter until the situation occurred; and
         2. The lump sum has been or is legally obligated to be spent for expenses related to the situation; and
         3. The assistance unit has no other income or assets to meet the expenses of the situation.
8. Recalculate the shortened period of ineligibility when:
   1. The Child Care assistance unit incurs medical expenses or the money remaining becomes unavailable due to a disaster:
      1. Multiply the maximum benefit level by the number of months the assistance unit has already been ineligible; and
      2. Add the amount paid for medical expenses or any remaining amount that became unavailable due to a disaster; and
      3. Subtract the amount resulting from item b. from the original total gross income to arrive at the amount of lump sum left over; and
      4. Find the case eligible no sooner than the month following the period of ineligibility and count the remaining income in the month following the period of ineligibility when the family reapplies and receives a payment in that month.
   2. Ineligibility does not follow the individual who was added to the assistance unit and who subsequently leaves the unit, nor is the period of ineligibility recalculated for remaining members of the assistance unit.
   3. Include all family members in one assistance unit beginning the month following the last month of ineligibility even if there is an amount remaining from the lump sum to be used as income.
9. Acknowledge the period of ineligibility resulting from a lump sum while on assistance in another state has no bearing on eligibility in Wyoming.

1301 Eligible for Portion of Month

1. Begin the Child Care authorization with:
   1. The date of the Child Care application/request; or
   2. The date the approved activity (see Section 701) began; or
   3. The date the child first entered child care; or
   4. The provider met the provider eligibility requirements, whichever is later.

1303 Issuance Dates

1. See Section 1203, G. for information on Child Care payments.

1311 Assistance Paid by Another State

1. Find the person(s), not the assistance unit, ineligible for the benefit month when their needs have been covered by child care in another state.
2. Find the applicant/recipient, case/person ineligible for the benefit month when the needs have been covered by cash assistance, including a Child Care payment, in another state.

1316 Termination

Determine if termination of the entire case is appropriate.

1. Terminate benefits within the first 30 days when the assistance unit was found persumptively eligible at initial application but is found ineligible during the application processing period.
2. Terminate the case due to noncooperation when the parent/caretaker fails to cooperate with POWER, SNAP or medical assistance program requirements.
   1. Do not allow child care until the client cooperates and participates in an approved activity (see Section 701) and becomes eligible for the program s/he originally qualified for; or
   2. Allow child care when the assistance unit is no longer in a $1 POWER payment status for noncooperation and the parent(s)/caretaker(s) is working at least 20 hours per week.
3. Generate the appropriate JAS notice (see Tables) allowing adequate notice for any Child Care adverse action.

NOTE: If the notice authorization date is on a Friday, the mailing date is on the following Monday, excluding a holiday.

1318 Reinstatement Due to Administrative Hearing Request

Prohibit reinstatement of the Child Care benefit pending the outcome of an administrative hearing.

1319 Reapplication After Termination

1. Require the following when an assistance unit is ineligible for more than one benefit month (that is, one benefit month and at least one day into the second benefit month):
   1. An Application for Benefits (DFS 100);
   2. An interview;
   3. Verification of any changes;
   4. A new IRCU for POWER benefits.
2. Require the mandatory individual(s) reapplying for POWER to meet the performance requirements by contacting DWS, the CSA and the work program action center and meet the performance requirements for the full performance period.

1401 Content of Notice

1. Realize all notices must contain the following
   1. The action or intended action to be taken;
   2. The amount of the benefit to be issued, as appropriate;
   3. The date the action will occur;
   4. The reason and specific regulation(s) supporting the action;
   5. A statement of the person’s right to request an informal conference at DFS-FO and/or an administrative hearing;
   6. The explanation of the recipient’s obligation and responsibility to report to the DFS-FO
      changes in income, assets, living situation, school attendance and child care provider;
   7. The beginning and ending dates of a certification period.
2. Include the following information in a notification of approval of an application:
   1. Variations in benefit levels within the certification period, if any; and
   2. An explanation of the difference in initial month benefits and subsequent benefits, when appropriate.
3. Include the reason for a denial of an application and what the assistance unit must do to reapply or reactivate the application.
4. Include the following information in notification of a pending application because of the fault of DFS,excluding POWER:
   1. Notify the assistance unit with an application pending at the end of the first 30 days:
      1. The application is pending; and
      2. The assistance unit may be eligible for benefits back to the date of application.
   2. Notify the assistance unit with an application pending at the end of 60 days and the case does not contain adequate information to make an eligibility determination:
      1. The case is being denied; and
      2. The assistance unit may reapply; and
      3. The SNAP assistance unit may be eligible for benefits back to the date of the original application.

1402 Required Time Frames of Notice

1. Issue an adequate notice of adverse action which is to be received no later than the date of action or the date payment would have been received;
2. Understand the notice, which explains child support services will continue to collect and distribute child/spousal support payments after termination, will be automatically generated by the computer system.

1403 Notice Due to Probable Fraud

Issue the appropriate Child Care notice at least five days before the adverse action would become effective when:

1. The agency obtains facts indicating assistance should be reduced or
   terminated due to probable fraud of the applicant/recipient; and
2. Where possible, the facts have been verified through collateral contacts and documents the facts in the case record.

1404 Exemptions from Notice

DO NOT mail a notice of action in the following circumstances:

1. The state initiates a mass change and instructs the DFS-FO in a numbered memorandum;
2. It is determined, based on reliable information, all members of the assistance unit have died or left the state;
3. There is an increase in the benefit level to the assistance unit (optional).

1405 Notice to Request Information

Use the following procedures to request information needed to make an eligibility determination.

1. Applicant
   1. Use the DFS 101 form, Before You Apply, to notify the applicant of information needed to process the application; or
   2. Generate a pended notice to request information needed to process the application and inform the applicant the case will be denied due to noncooperation if the information is not provided by the specified date per program unless the applicant contacts you.
2. Recipient
   1. Generate a pended notice (Request for Contact/Verification) to request information needed about an eligibility factor(s); and
   2. Inform the recipient the case will be terminated due to noncooperation if the information is not provided by a specified date per program.

1406 Notice Following Administrative Hearing Request

1. Inform the assistance unit it retains its right to request continued benefits at the previous benefit level if the administrative hearing is requested within ten days of the notice of adverse action and the certification period has not expired.
2. Generate the appropriate denial notice when benefits cannot be continued.

1501 Changes to be Reported

1. Allow each assistance unit to report changes by phone, in person, by e-mail, in writing, by e-mail or on the change report form (DFS 103).
2. Changes to be reported include:
   1. Changes in the current or benefit month’s conditions such as a change in provider or other situations which could positively affect the benefit and parental obligation;
   2. Other changes in circumstances;
      1. Changes in marital status, school enrollment and allowable expenses;
      2. Changes in assistance unit size, living arrangements and address;
      3. Changes in earned income such as source of income, beginning/ ending; employment, rate of pay and increase/decrease in number of work hours;
      4. Changes in unearned income.
3. When change of income is reported during 12 month eligibility period, it must remain below State Median Limit. If income changes step do not change step of benefits unless it benefits the client.
4. DOCUMENT the change and action taken in the case record.

1502 Time Frames for Reporting Changes

1. Instruct the relative/caretaker to report change in circumstances within ten (10) calendar days of the day the change becomes known by the assistance unit.
2. Eligibility worker will send notice C417 Change Report Notice at the time the change is reported when additional information/verification is needed allowing ten (10) calendar days for the required documents to be provided.
3. Eligibility worker will have ten (10) calendar days to act on the change from the date the requested verification is provided. The total time from when the change became known to the recipient until the changes are acted on by the eligibility worker should not exceed thirty (30) days.

1503 Mailing of Change Report Forms From EPICS

1504 Timely and Complete Report

1. Perform a re-determination of eligibility whenever a change is reported and assure it remains an accurate reflection of the likely situation for the benefit month.
2. DOCUMENT the date of the re-determination in the case record in all instances recording the information and method used to arrive at the best estimate.
3. Generate a notice (see Tables) when the change results in an adverse action.
4. Take the appropriate action on the case for each program within the time frames specified:
   1. From the date of the change when there is an increase in the benefit level for the assistance unit, a change in provider or address; or
   2. Process a termination for ineligibility by terminating existing authorizations, do not close the child care case on JAS.

1505 Timely But Incomplete Report/Unclear Information

1. Issue a notice of adverse action (see Tables) upon discovery of an incomplete and/or unverified reported change.
   1. Explain what is missing or is required to be verified;
   2. Assist the assistance unit, upon request, in obtaining information/ verification when the individual is or would have difficulty in obtaining same.
2. Accept the information/verification/clarification when received, and
   1. Consider the change is complete when the requested information/ verification/clarification is received within the ten-day notice period and
   2. Redetermine eligibility; and
   3. DOCUMENT the case record when the best estimate is recalculated indicating the information used and how the calculation was done; and
   4. Mail a notice of adverse action (see Tables) to the assistance unit of any adverse action caused by the reported change.

1506 Untimely Reporting of Changes

1. Follow this procedure when a change in circumstances is not reported or verified during the required ten-day period:
   1. Redetermine eligibility;
   2. Initiate the appropriate action to process a change in the authorization, if necessary, from:
      1. The date the change was reported and verified when the assistance unit requires increased hours or has a reduction in the parental obligation; or
      2. The date of the change when the assistance unit requires decreased hours or has an increase in the parental obligation.
   3. Terminate existing authorizations and close the case on JAS effective the date of the change if the assistance unit is no longer eligible.
   4. Reinstate payment from the date of the adverse action when good cause exists;
   5. Establish an overpayment when payment was made for a benefit month in which the assistance unit was paid incorrectly or was ineligible unless good cause exists.

1507 Good Cause for Untimely Reporting

Determine if good cause exists by requiring the assistance unit to provide verification of the reason for untimely reporting of a change in circumstances.

1. Consider a report of a change untimely when not reported immediately upon knowing of the change when possible unless the assistance unit can provide proof of good cause;
2. Consider only the following to be good cause circumstances with no exceptions:
   1. The assistance unit was out of town due to illness or death of an immediate family member;
   2. A member of the assistance unit was in the hospital during the timely reporting period;
   3. The postmark on the envelope proves the information/verification or change report was late due to postal problems;
   4. Circumstances of weather or disaster prevented the delivery or return of the information/verification or change report form.
   5. Other circumstances beyond the control of the assistance unit and for which no alternative was available.
3. Process the change for Child Care as if it had been reported timely when good cause exists and is verified. (See Section 1504)
4. DOCUMENT the reason in the case record for approval/denial of good cause.
5. Realize good cause will not be allowed when the information, change report and/or verification(s) was not reported until after the first of the benefit month that would have been affected.

1601 Child Care

1. Conduct a periodic review of all eligibility factors not less than once every twelve months.
2. Require completion of the DFS 100 Application form.
3. Request verification when it becomes known the circumstances have changed or there is a reported change.
4. Establish a new best estimate when the assistance unit receives income, if required.
5. Realize a periodic review or desk audit can be required at anytime continued eligibility is questionable or a stable history has not been established.
6. DO NOT allow presumptive eligibility when the assistance unit received presumptive eligibility benefits within the previous 12 months.
7. Understand the Benefit Specialist has no responsibility to notify the client receiving Child Care benefits the periodic review is due but it is the responsibility of the client to contact the Benefit Specialist.
8. DOCUMENT the number of hours needed for child care and the calculation used to determine the number.
9. Authorize Child Care benefits for the next benefit month before the last working day of the month when the recipient has completed the face-to face interview, if required, and has provided information/verification by the requested date.
10. Allow the assistance unit to continue to receive transitional services when there is a break-in-aid of less than 30 days.
11. Generate the appropriate JAS notice of adverse action (see Tables) for non-cooperation when the recipient fails to complete the periodic review as requested;
12. Terminate the Child Care authorization.

1606 Inter-Field Office Transfers

1901 Time Frames for Conferences/Hearings

1. Accept a request for a Child Care and/or POWER administrative hearing within 30 days from the date of the notice of adverse action.
2. Accept a request for a SNAP administrative hearing within 90 days from the date of the notice of adverse action.
3. Forward a copy of the request to the Client Advocate at DFS-SO within two days of the request as an administrative hearing must be scheduled within 20 days of the request.
4. Understand the hearing must be conducted, the decision reached and signed by DFS and the requesting party/ representative notified of the decision in writing:
   1. Within 60 calendar days from the date of the request for SNAP;
   2. Within 90 calendar days from the date of the request for all other programs;
   3. Add one day for each day the hearing is postponed at the request of the requesting party/representative.

1902 Denial of Hearing

1. An administrative hearing can be denied by DFS-SO when:
   1. The reason for the adverse action is due to a mass change (this does not apply for SNAP);
   2. No adverse action has been taken by DFS (this does not apply for SNAP);
   3. The request for the hearing was not received within the appropriate time frame; (see Section 1901)
   4. The assistance unit fails, without good cause, to appear at the scheduled hearing; or
   5. The assistance unit or its representative withdraws the request in writing.
2. Inform the requesting party/representative a denial of a request is the final decision of DFS and may be appealed to the district court.

1903 Continuation of Benefits

1. DO NOT continue Child Care or POWER benefits pending the administrative hearing decision unless the assistance unit later becomes eligible for reasons other than the administrative hearing issue(s).

1904 Informal Conference

1. Schedule and conduct an informal conference within two days of receiving a request for an administrative hearing concerning expedited SNAP benefits.
2. Schedule and conduct an informal conference within seven days of receiving a request for an administrative hearing for all other programs and issues (please see I below for over payment issues).
3. Allow the party, or the party’s representative, whose interests have been adversely affected to waive the informal conference.
4. Require the informal conference to be attended, at a minimum, by the Benefit Specialist and supervisor to represent the DFS-FO.
5. Review the facts and legal authority which the DFS-FO relied upon in making the determination to take an adverse action.
6. Provide notification immediately to the requesting party/ representative and to the Client Advocate when results of an informal conference are successful.
7. Require the withdrawal by the client to be in writing.
8. Provide notification immediately to the requesting party/ representative and to the Client Advocate when results of an informal conference are unsuccessful as an administrative hearing will be scheduled.
9. If the request for an administrative hearing involves an over-payment of benefits, immediately forward the request to the Fraud & Recovery Investigator assigned to that field office. Also include Ilaine Brown with a copy of the request.
   1. Understand the Fraud & Recovery Investigator will conduct the informal hearing with the requesting party as it relates to the over-payment.
   2. Understand the Fraud & Recovery Investigator will proceed and take the lead through the administrative hearing process should the requesting party fail to withdraw their request for a hearing as it relates to the over-payment.
   3. Understand the Fraud & Recovery Investigator may call/list the appropriate Benefit Specialist and/or Benefit Specialist Supervisor as a witness in the Disclosure Statement which will be submitted to the Office of Administrative Hearings prior to the scheduled hearing as it relates to the over-payment.

1905 Preparing for Administrative Hearing

1. Gather copies of the regulations supporting the adverse action, i.e., CFR, Rules, state statute, public law, etc.
2. Gather all documents of verification supporting the adverse action.
3. Gather copies of relevant notices sent to the requesting party/ representative.
4. Number all documentary or physical evidence to be submitted for consideration beginning with “1”.
5. Arrange for witness testimony.
6. Arrange for legal representation from the Attorney General’s office through the Client Advocate when the requesting party/representative will be represented by legal counsel or when the issues to be presented at the administrative hearing are of a nature which would require the assistance of counsel.
7. Prepare a Disclosure Statement and include:
   1. The Docket number, if available;
   2. The name of the petitioner/contestant;
   3. A list of witnesses to be called including, name, title, location;
   4. A list of exhibits to be offered by alpha character number;
   5. A statement explaining what occurred, why the adverse action was taken and how the action was taken.
8. Send copies of the Disclosure Statement and all exhibits to the DFS-SO program consultant for review when an attorney is involved and prior to sending the information to the parties identified in I.
9. Send copies of the Disclosure Statement and all exhibits to the following no later than five days prior to the hearing date:
   1. The assigned hearing officer;
   2. The petitioner/contestant (by certified mail);
   3. The DFS Client Advocate;
   4. All witnesses involved.
10. Plan opening and closing statements.

1906 Hearing Decision

1. Understand the recommended decision is sent to the requesting party/representative, the DFS-FO and the Client Advocate within 20 days but no later than 30 days when additional information is requested.
2. Understand the parties have the opportunity to file exceptions to the decision and a brief within ten days of receiving the decision.
3. Understand the decision is reviewed for reversible error and the final order is entered.
4. Understand the final order is then mailed to all parties (certified mail to requesting party/representative).
5. Realize an appeal can be made by the requesting party/ representative to the District Court within 30 days of receipt and then to the Supreme Court if dissatisfied with that decision.

2001 Reports of potential fraud

1. When a report of potential fraud is received refer the caller directly to the fraud investigator assigned to your area. If this is not possible:
   1. Complete the DFS710 Fraud Investigation Referral while talking to the reporter gathering as much of the information as possible and contact your investigator immediately.
   2. Follow the directives in Section 2002.

2002 Referring a Household for Investigation

1. Complete the DFS 719 Form- Referral for Investigation which requires the following information:
   1. Time frame in question;
   2. Programs Involved;
   3. Reason for Referral; and
   4. First and last names of the individuals involved.
2. Obtain all pertinent volumes of the county file in relation to the time frame in question.
3. Mail the county file, along with the completed DFS 719 to the investigator assigned to your area.

2003 To Report Suspected Employee Fraud

1. When employee fraud is suspected report directly to the supervisor of the Fraud and Recovery Unit. Do not file the report with your assigned field office Fraud and Recovery Investigator. Do not discuss any details with co-workers or supervisors.

2004 Referral to the Fraud & Recovery Unit when an overpayment may exist for Personal Opportunities With Employment Responsibilities (POWER), Supplemental Nutrition Assistance Program (SNAP), Child Care Recipient and Medicaid programs

Over payments occur when benefits are paid incorrectly due to either the fault of the assistance unit or the agency. Medicaid over payments as a result of an “agency” error are not established.

1. Upon discovery, complete the DFS709 Referral to Fraud & Recovery Unit to include:
   1. Date of referral;
   2. Case Name
   3. Date the potential overpayment was identified by the eligibility worker (date of discovery);
   4. Summary of referral reason to include specific information – names, employers, dates, etc. without abbreviation(s);
   5. Recommend disqualification referral for an intentional program violation for any of the participating adults by checking the Yes or No box.
   6. Signatures of the Benefit Specialist as well as Supervisor.
2. Submit the DFS709 along with field office file(s) containing documentation for the time period involved in the referral:
   1. For Cheyenne field office only:
      The Fraud and Recovery Intake Specialist from the State Office will coordinate the pick-up and delivery of files with the local field office.
   2. For all other field offices:
      Mail case file(s) to Fraud and Recovery Intake Specialist at P.O. Box 815, Basin, WY 82410. The case file should be packaged in such a manner as to ensure that the confidentiality and integrity of DFS files is not compromised while in transit.
3. The currently assigned Benefit Specialist and Supervisor will be notified when an over payment claim is established or when the referral does not result in an overpayment.
4. Refer recipients with questions regarding an established over payment claim to the Fraud and Recovery Investigator assigned to your specific county office. Do not refer the recipient to the Fraud and Recovery Intake Specialist.

2005 Collection Efforts/Methods

1. Once a Benefit Specialist is notified by the Fraud and Recovery Intake Specialist that a SNAP and/or POWER overpayment has been established, the Benefit Specialist shall pass through the FSAD screen and/or the AFPD screen so EPICS can recognize the claim and begin automatic recoupment of benefits if the household is currently authorized for benefits.
2. Request the adult debtor(s) to sign the DFS 707, Installment Contract, for all programs.
   1. Understand the DFS 707 is a performance requirement for a POWER performance payment and for Child Care assistance except in cases:
      1. The Fraud Investigator requested a DFS 707 not be obtained; or
      2. When the error cause was an agency error.
   2. DO NOT deny, delay or terminate SNAP benefits for failure to sign a DFS 707 as the form cannot be mandated.
3. If the debtor contacts the field office to discuss an overpayment claim, the Benefit Specialist should contact the Fraud and Recovery Investigator immediately.
4. Understand the debtor has the option of mailing payments directly to or taking the payment in person to any DFS-FO.
5. Accept payment in the following forms:
   1. Money order, certified check or personal check made payable to DFS Fraud and Recovery Unit.
6. Develop local procedures to accept these payments within the following guidelines:
   1. Verify the amount paid and issue a receipt noting:
      1. Date;
      2. Name of payer;
      3. Amount paid;
      4. Check or money order number, if applicable;
      5. The EPICS number and name of the head of the assistance unit to which the payment is to be applied; and
      6. Name of the person who issued the receipt.
7. Forward all payments together with the DFS 721, Overpayment/Recovery Transmittal to the following:
   Fraud and Recovery Unit
   P.O. Box 967
   Cheyenne, WY 82003

2006 Referral for Disqualifications, Disqualification Hearing Process and Disqualification Hearing Decision

1. Referral for Disqualification
   1. An individual may be referred for disqualification even if no benefits were issued or an over payment did not occur if there is evidence of intent to commit a program violation.
   2. Consider all responsible adult individuals in the assistance unit potentially involved in the intent to commit a program violation for SNAP, POWER and Child Care for disqualification. Using the DFS 719, refer the individual(s) to the Fraud Investigator for possible disqualification if there are facts to support the intent to commit a program violation (fraud).
      All documentation which supports the fraud allegations shall be sent to the Fraud and Recovery Unit.
2. The Disqualification Hearing Referral Process
   1. Review of the documentary evidence will be conducted by the Fraud and Recovery Investigator and, if warranted, the Fraud and Recovery Investigator will submit a formal referral for disqualification from the appropriate program.
   2. Separate referrals for disqualification hearings will be prepared for each individual that is formally referred.
   3. A pending disqualification hearing or court action does not affect current eligibility for Child Care.
   4. A separate disqualification hearing will be scheduled for each individual that is formally referred for a disqualification hearing.
   5. The Fraud and Recovery Investigator, Benefit Specialist and Benefit Specialist Supervisor will receive a copy of The Advance Notice of Disqualification Hearing (DFS AM 9072). Very important information is stated on the Advance Notice of Disqualification Hearing including the date, time and location of the hearing, as well as the reason the individual is being referred for a disqualification hearing.
      1. DO NOT contact the individual (Defendant) or discuss the hearing with the individual (Defendant).
      2. If the individual (Defendant) contacts the field office to discuss the hearing, their defense, the waiver or any other element of the hearing process, the individual should be referred to the Fraud and Recovery Investigator.
   6. Preparation of the Disclosure Statement is the responsibility of the Fraud and Recovery Investigator.
      1. The Benefit Specialist and Benefit Specialist Supervisor will receive a copy of the Disclosure Statement before the hearing.
      2. The Benefit Specialist and Benefit Specialist Supervisor shall review the Disclosure Statement and all exhibits.
      3. The Benefit Specialist and/or Benefit Specialist Supervisor will communicate with the Fraud and Recovery Investigator to discuss the facts of the case, the Disclosure Statement and exhibits. If corrections or additions are warranted, such modifications should be discussed with the Fraud and Recovery Investigator before the hearing.
   7. Representation of the Agency (Plaintiff) will be by the Fraud and Recovery Investigator. The Benefit Specialist and/or Benefit Specialist Supervisor may be designated as witnesses and may be called upon to provide testimony during the disqualification hearing. Participation may be by conference call or through video conferencing and attendance is mandatory.
   8. DFS is entitled to an attorney when the individual (Defendant) has an attorney. If the Benefit Specialist, Benefit Specialist Supervisor or any other individual at the DFS-FO is notified the individual (Defendant) has an attorney, contact the Fraud and Recovery Investigator immediately.
3. The Disqualification Hearing Decision
   1. Await the Disqualification Hearing Officer’s Final Decision
      1. The Decision will inform the individual (Defendant) of the decision, the reason for the decision and the date when the disqualification will take effect.
      2. The original decision will be sent to the individual (Defendant) via U.S. Mail, certified, return receipt requested;
      3. Copies will be sent to the Benefit Specialist or Benefit Specialist Supervisor and Fraud and Recovery Investigator;
      4. DO NOT TAKE ADVERSE ACTION ON THE CASE PRIOR TO RECEIVING THE HEARING OFFICER’S DECISION.
   2. The Hearing Officer will notify the individual (Defendant) of their right to appeal the decision of the Disqualification Hearing Officer to the appropriate Wyoming District Court for their area and the deadlines for appeal. An appeal is the individual’s (Defendant’s) right.
   3. Commission of an IPV by the individual (Defendant), disqualifies him or her only, but does not disqualify the entire household.
   4. Once notification has been received from the Fraud and Recovery Unit:
      1. Change the necessary EPIC screen (SEPA participation code to DF).
      2. Reauthorize the case.
      3. Check the FSAD and AFPD screens as appropriate to make sure EPICS recognized the change.

2007 The Referral for Possible Prosecution

For Child Care, consider all responsible adult individuals in the assistance unit potentially involved in the intent to commit a program violation. Keep in mind if there is “beyond a reasonable doubt” evidence to support the intent to commit a program violation, the individual(s) may be referred by the Fraud Investigator for possible prosecution.

1. The Benefit Specialist/Benefit Specialist Supervisor will take the following actions for all over payment(s)/claim(s) coded as “DE” error cause/code when a potential referral for prosecution is warranted:
   1. DO NOT discuss the possibility of criminal investigation or prosecution with the individual(s).
   2. DO NOT discuss any elements of the investigation with the individual(s).
   3. Be aware that the Benefit Specialist and Benefit Specialist Supervisor will likely be called as witnesses. Discussing the case amongst DFS employees could raise questions or allegations of witness tampering. Discussions regarding the facts of the case should be limited to the Fraud and Recovery Investigator.
   4. If the Benefit Specialist, Benefit Specialist Supervisor or any other Agency employee is contacted by any person, including attorneys or investigators for the defense, the Agency employee should contact the Fraud and Recovery Investigator before speaking to anyone regarding any element of the case.
   5. ALL documents received or used in the administration of the case are EVIDENCE. If the DFS-FO discovers any documents regarding the case, they should notify the Fraud and Recovery Investigator immediately.
   6. The Fraud and Recovery Investigator will notify the Benefit Specialist and Benefit Specialist Supervisor of any hearing or trial dates when their testimony or participation may be needed. Attendance at these hearings and/or trials is mandatory.

A-1 Provider Eligibility Requirements

1. Require the provider to complete the following registration process
   1. Complete the , W-9 Request for Taxpayer Identification Number and Certification Form ;
   2. Complete the appropriate provider registration form, DFS 203a/b; and
   3. Submit signed Authorization Release of Child or Disabled Adult of Child or Disabled Adult Central Registry and Wyoming Criminal History Record Information form (SS 26) for each adult household member initially and annually of enrolled date.
   4. Pre-service and annual orientation training
2. Submit an National Criminal History Check (Fingerprints) initially and every five (5) years for any one 18 years or older in the household; and
3. Take the following actions when any of the background checks return indicating that the individual is known to that system:
   1. Document the case file;
   2. Inactivate the provider on the JAS system;
   3. Send the DFS-206 to the provider to notify him/her of ineligibility for payment and options for disputing the report(s);
   4. Forward the results of a fingerprint check to the state office for final determination of eligibility for payment when the criminal history report is disputed by the provider, and
   5. Reactivate the provider if the DFS-SO reviews the criminal record and approves the provider for payment or the Central Registry record is removed
4. Acknowledge the provider has attested to being at least 18 years old or has met Wyoming emancipation law and has agreed to the following upon signing the DFS 203a/b:
   1. Meet the minimum health and safety standards; and
   2. Be licensed, when applicable; and
   3. Have procedures for handling complaints available for public viewing; and
   4. Permit parental access to the facility and their child during business hours; and
   5. Comply with federal, state or local laws as they pertain to operating a child care business; and
   6. Provide for a substitute provider who meets the definition of “substitute provider”; and
   7. Make the provider registration form, DFS 203a/b, available for public viewing upon request; and
   8. Receive a favorable Criminal History pre-screening and Child Abuse-Neglect Record Check; and
   9. Conduct business and be located in Wyoming; and
   10. Meet the requirements of the Americans With Disabilities Act by:
       1. Attempting to make reasonable accommodations to meet the needs of a child with disabilities; and
       2. Providing written policies for public viewing concerning the admission policies for children with special needs and nondiscrimination of persons with disabilities; and
       3. Understanding additional fees/charges may be assessed to DFS when the child has special needs and reasonable accommodations cause undue hardship; and
       4. Requiring the following criteria be met:
          1. The special needs of the child must be verified and specified by a medical professional; and
          2. The provider must submit proof from an appropriate professional of specialized education, experience and/or training to meet the special needs of the child; and
          3. Additional charges may not exceed $250 per month; and
          4. A DFS or contract supervisor must approve the payment.
   11. Maintain for a period of three years attendance records for each child and other services were provided in accordance with each authorization and make these records available to state and federal auditors upon request; and
   12. Submit verification to DFS within 90 days of the date payments began of current certification in infant/child CPR and first aid if the provider is legally exempt from licensing
5. DFS will not make payment if:
   1. The provider has committed fraud against DFS and the disqualification penalties have not been met; or
   2. The provider or any adult household member has a substantiated abuse or neglect case;
   3. The parent(s)/caretaker(s) has not completed the Provider Assessment Form, DFS 204.
6. Inform the provider and the client the registration process must be completed:
   1. During the 30 day application processing time for new applications; and
   2. During the ten day report of change period for ongoing child care cases when the client reports a change in providers.
7. Require child care licensing requirements to be completed prior to payments being made or authorizations (DAUC) written if the provider is not exempt from licensing requirements.

A-2 Provider Payment

1. Accept a completed DFS 201, Bill for Child Care Services.
2. Follow the recommended guidelines for issuing payments when payments are made from a DFS 201:
   1. Require the billing form to be reviewed for audit purposes before payment is authorized;
   2. Require assignment of who audits the billing form prior to payment of the authorization to be the decision of the DFS-FO manager or designee;
   3. Refer to the instructions for DFS 201 to determine if the form is properly completed;
   4. Authorize payment within 15 working days from the date a properly completed bill is received.
3. Make payment for child care services directly to the provider and not the parent based on:
   1. The provider’s usual rate schedule for private pay customers not to exceed the monthly maximum payment rate established by DFS using:
      1. A part day and/or full day rate when a licensed provider has daily, weekly or monthly rates.
   2. Do not exceed the rate the provider charges based on a family rate when more than one child receives care from the same provider;
   3. Make payment according to the authorization for each child;
   4. Do not exceed the actual costs billed, even if the authorization would allow more;
   5. Deduct payments made by or available from other sources prior to determining the DFS payment amount.
4. Allow payment only to providers who have a provisional or full license or have completed the registration process if the provider is exempt from licensing.
   1. Contact the DFS-SO Licensing Specialist to obtain written or verbal verification the provider is licensed or exempt from licensing;
   2. Providers exempt from licensing are:
      1. Relatives; or
      2. Grandparents caring for their own grandchildren and two unrelated children or children from one immediate family; or
      3. Caring for two or fewer children not related to them; or
      4. Caring for children in children's home; or
      5. Providing occasional or sporadic care; or
      6. Caring for children from one immediate family; or
      7. Other situations as specified in W.S. 14-4-102(b), as may be exempt.
   3. Document this in the case record.
5. Disallow payment to a provider when:
   1. The provider does not meet the provider eligibility requirements;
   2. Abuse/Neglect has been substantiated against the child day care provider, any household members or substitute providers who have access to the child(ren) placed in care:
      1. The decision to approve payment in the case of abuse or neglect will be made by the DFS district manager or designee in accordance with W.S. 14-3-213(c); and
      2. Provider case records must be documented Central Registry checks have been made.
   3. The provider has been denied/revoked licensing due to not meeting standards:
      1. Continue making payment when a revocation has occurred unless the license revocation is due to a substantiated child abuse/neglect situation;
      2. Cease payments when notified by letter from the Child Care Consultant to do so.
   4. The legally exempt provider has failed to submit verification of current certification in infant/child CPR and first aid within 90 days of the date the provider received payment for services;
   5. The provider is in violation of federal, state or local laws related to operating a child care business:
      1. Issue the appropriate JAS child care notice (see Tables) prior to terminating the payments;
      2. Issue payment to cover the last day the provider gave care, or the effective date of the notice, whichever is earlier.
   6. An outside provider is selected and the parent/caretaker is in the home and available to care for the child(ren):
      1. Payment to an outside provider is allowable in a stepparent or minor parent situation if the child(ren) will be at risk of neglect or abuse, as verified by CPS, if the stepparent or grandparent provides the care;
      2. The abuse or neglect must be substantiated.
6. Allow the center care payment rate for facilities established as child care centers exempt from licensing because of their status, to include:
   1. Centers located at the University of Wyoming;
   2. Wyoming community colleges; and
   3. The Wind River Reservation.
7. Disallow payment to more than six (6) providers within a Twelve (12) month period unless good cause has been established and document the good cause rationale in the case record.

A-3 Parental Choice

1. The client/recipient has the freedom of choice to select the child care provider within the following limitations:
   1. The client cannot change providers more than six times within a twelve month period unless there is good cause based on the following:
      1. The provider will no longer provide child care services; or
      2. The provider is required to be licensed but is no longer licensed; or
      3. The provider is ill and unable to care for the child(ren) temporarily; or
      4. Child's special needs are not being met; or
      5. Imminent danger to the child(ren) exists; or
      6. Other factors determined by the DFS-FO manager to be good cause.
   2. The selected child care provider must meet all the provider eligibility requirements;
   3. The client has the right to request and review the provider registration form, DFS 203a/b;
   4. Request the client to choose the child care provider:
      1. Assist the client in choosing a provider when requested, including referring the parent/caretaker to Child Care Finder for assistance in finding care;
      2. Refer the selected provider to the Regional Licensing Specialist when licensing is needed or when the Benefit Specialist or case manager is not sure if licensing is needed;
      3. Allow the client to choose someone other than the stepparent or grandparent in a minor parent situation if:
         1. The child is at-risk of abuse or neglect if the stepparent or grandparent provided care; and
         2. The allegation of abuse/neglect has been substantiated as verified by CPS.

A-4 Benefit Period

1. Assistance cannot begin before the provider registration process is completed and before the child care provider is licensed, when applicable.
2. New Child Care Applications:
   1. Require the appropriate provider registration form (DFS 203a/b) to be signed and returned during the 30 day child care application processing time (see Section 401); and
   2. Require the provider to submit a signed and dated Licensing Application Form (CCL-01) during the 30 day child care application processing time when the provider must be licensed.
      1. Understand licensing of a provider may take up to 60 days;
      2. Notify the client the application processing time will take longer than 30 days when the licensing process is not completed within the 30 day child care application processing time;
      3. Do not deny the application in 30 days for this situation.
3. Change of Provider for Ongoing Child Care Case:
   Require the appropriate provider registration form (DFS 203a/b) to be on file within the ten day report of change period for ongoing child care cases with a change in provider. (The auditor's office will not issue warrants to any person without a completed W-9, Vendor Management Form.
4. Begin the authorization with whichever is later:
   1. The date of application; or
   2. The date the approved activity (see Section 701) began; or
   3. The date the child first entered child care;
   4. The provider met the provider eligibility requirements:
      1. Use the date of the child care application if met during the 30 day child care application processing time (may exceed 30 days if licensing application is pending);
      2. Use the date the provider change occurred if reported and the provider registration process was completed during the ten day change of report period; or
      3. Use the date the provider completed the provider registration process if met after the 30 day child care application processing or ten day change of report period unless a 30 day extension has been granted for the provider to meet licensing requirements.

A-5 Reporting Changes

1. Provider Changed Her/His Rates - Use the following instructions to determine when the change becomes effective when the change is because the child care provider changed her/his rate charges.
   1. Enter the rate change on CHRA on the same date the new rate begins when the provider submitted the DFS 203a/b more than five working days prior to the effective date of the change.
      1. Entering the new rate before or after the effective date of the change may cause the authorization and/or payment to compute incorrectly;
      2. Assure the appropriate provider registration form, DFS 203a/b, is on file before changing the rate on CHRA.
   2. Enter the rate change on CHRA within five working days of the date the DFS 203a/b is received when it is not received at least five working days prior to the effective date of the change or when the DFS 203a/b is received after the effective date of the rate change.
2. Provider Changed His/Her Address - Use the following instructions to process the address change:
   1. Require the provider to indicate an address change on the DFS 201 or complete a W-9, Vendor Management Form and submit it to the DFS-FO;
   2. Require the provider to complete a new provider enrollment form (DFS 203a/b) to assure the provider continues to meet the registration and licensing requirements, if necessary;
   3. Enter the address change on DPRO within five working days;
   4. Forward the W-9 Vendor Management Form or screen prints of both the old DPRO screen and the new DPRO screen with a notation of the change to be made to the State Auditor’s office for a WOLFS update;
   5. Understand warrants will not be mailed to the new address until the WOLFS has been updated.
3. Ongoing Eligible Client Changes Provider
   1. Require the provider complete the Registration Process within the ten day report of change period for ongoing child care cases.
   2. Make payment back to the date the provider change occurred when the change was reported and the Registration Process was completed within the ten day reporting period.
   3. Make payment effective the date the registration process is completed if completed after the ten day reporting period.
   4. Make payment when licensing is needed back to the date the provider change occurred when the change was reported and the registration process is completed within the ten day reporting period. (Authorizations (DAUC) and payments cannot be issued until after the license is issued.)
   5. Make payment when licensing is needed effective the date the registration process is completed if completed after the ten day reporting period. (Authorizations (DAUC) and payments cannot be issued until after the license is issued.)

A-6 Reviews

1. Review the Provider Authorization History screen (DPRC) periodically to determine if the provider has current Authorizations.
2. Inactivate the provider on the DPRO screen of the JAS/Child Care Computer system using the following steps if there are no current Authorizations:
   1. Delete the provider type code;
   2. Type "Inactive" and the date on the first address line;
   3. Delete the Certification Date;
   4. Enter a "P" in the Exempt Space;
   5. Enter and "I" in the Enrolled space; and
   6. Press enter twice to get back to the DPRS screen;
   7. Look for a message at the top of the screen which states "Record Was Successfully Updated." This will help keep the provider list current.
3. Review the Provider Authorization History screen prior to writing authorizations for exempt providers to determine if licensing may be needed.

A-7 Terminations

1. Terminate the Authorization (DAUC) in the following situations: (Refer to the Day Care Conclusion Table on the computer system.)
   1. The provider no longer meets licensing standards;
   2. The provider no longer meets the minimum health and safety standards;
   3. The legally exempt provider has failed to submit verification of current certification in infant/child CPR and first aid;
   4. The provider committed fraud;
   5. The provider is disqualified due to IPV;
   6. The provider is in violation of a federal, state or local law;
   7. The child is no longer being cared for by that provider;
   8. The authorization is no longer applicable to the client's current situation;
   9. The provider, a household member or substitute provider who has access to the child(ren) has a substantiated abuse or neglect case and good cause cannot be shown.
2. Assure the appropriate JAS child care notice of adverse action is issued prior to terminating the case.

A-8 Over-payment Recovery

Use and follow the procedures as outlined in the Over-payment Recovery, Section 2000.

E-1 POWER Work Program/DWS

1. Mandatory DWS Registration
   1. Refer to Section 717 for information concerning the DWS referral process;
   2. The mandatory job seeker will register for work at DWS and will follow up on job leads.
2. Failure to Register - Failure of the job seeker to comply with the DWS registration requirements or to follow-up with job leads will result in denial or nonpayment of the POWER performance payment.

E-2 POWER Work Program/Reference

1. Refer to Section 700 for procedures performed by the Benefit Specialist at the time of application, reapplication or when a status change occurs:
   1. POWER Performance Requirements;
   2. POWER Exempt Individuals;
   3. POWER Mandatory Individuals;
   4. DWS Referral;
   5. DWS Work Referral;
   6. EPICS Coding;
   7. Review of Exempt/Target Group Status ;
   8. Good Cause for Failure to Comply.
2. Refer to Attachment C for procedures for the Court Ordered Child Support Obligor.
3. Refer to Section 403 for Confidentiality/Safeguarding Information.
4. Refer to the Memorandum of Understanding between the Department of Workforce Services and the Department of Family Services dated July 18, 2002 for information regarding exchange of client information.
5. Refer to Section 200 for Definitions.

E-3 POWER Work Program Requirements

1. Philosophy - The philosophy of the POWER program is 100% of program participants should be working on a plan to achieve self-sufficiency and self-responsibility. This can be accomplished through a combination of employment, child support and other appropriate assets.
2. Purpose - The POWER Work Program has the responsibility for assuring the POWER program meets the purposes and goals established in federal and state laws and regulations.
   1. Federal Purpose (P.L. 104-193 and 45 CFR 260.20). The purpose of the Temporary Assistance to Needy Families Block Grant (TANF) is to:
      1. Provide assistance to needy families so children may be cared for in their own home or in the homes of relatives;
      2. End the dependence of needy parents on government benefits by promoting job preparation, work and marriage;
      3. Prevent and reduce the incidence of out-of-wedlock pregnancies and establish annual numerical goals for preventing and reducing the incidence of these pregnancies; and
      4. Encourage the formation and maintenance of two-parent families.
   2. State Purpose. (Wyoming State Plan). The purpose of the POWER program is to provide temporary assistance in the development of responsible, productive and self-sufficient individuals in Wyoming
3. Goals
   1. Federal Goals
      1. The federal regulations require the development of an individual responsibility plan, which leads to unsubsidized employment.
      2. Participation standards were established to determine the effectiveness of the POWER Work Program. Failure to meet the federal standard will result in a financial penalty.
      3. Set up the participation hours to reflect urgency and to meet the federal participation requirements as follows: INSERT TABLE
      4. The federal participation rates for "all" assistance units are as follows for each federal fiscal year: 2000 40%; 2001 45%; 2002 or thereafter 50%
      5. The federal participation rate for two-parent assistance units is 90% for each federal fiscal year beginning with 1999 and thereafter.
      6. No more than 30% of the POWER "all" and "two-parent" assistance units can be countable in vocational training. The teen parent in approved high school or GED activities will also be included in this limitation.
      7. A single parent with a child under the age of six is deemed to be meeting the work participation requirements if the parent is engaged in a countable work activity for at least 20 hours per week.
   2. Wyoming’s Goals
      1. To promote and support individual and family responsibility through the belief parents, not government should be responsible for themselves and their children.
      2. To provide information and services within the program limits and restrictions which allow the parent(s) or caretaker(s) to make informed and responsible decisions concerning the family’s progress toward self- sufficiency.
4. Work Program Selection Process
   1. See all referrals who have an appointment form.
   2. Schedule the initial meeting with mandatory job seekers and court ordered child support obligors within the time frame identified on the appointment form (DFS 501) or court order.
   3. Provide written notification to the Benefit Specialist or court when the job seeker does not contact the work program action center within the established time frame.
5. IRP Development - Initial Meeting
   1. Explain the following at the initial meeting:
      1. The philosophy and goals of POWER including the expectation each job seeker will move into employment;
      2. The POWER work program performance requirements, including responsibilities of the agency and job-seeker;
      3. The penalties for noncompliance, including the requirement for a full period of participation (15th of one month through the 14th of the following month) for any penalty to be overcome;
      4. The responsibility of the parent for assuring primary and back-up child care and transportation arrangements have been made,
      5. The requirement the parent’s job is to get a job so 40 hours of participation per week will be expected, and
      6. The Child Care program availability and requirements. Refer the job seeker to Resource and Referall Specialist to obtain a list of licensed child care providers and information concerning selecting quality childcare as appropriate.
   2. An IRP will be developed and implemented at the initial meeting. The individual will be expected to begin meeting the performance requirements within two working days.
6. Minimal Assessment
   1. Complete a minimal assessment to determine if the new job seeker is required to do full-time applicant or recipient job search.
   2. All new job seekers are required to do full-time applicant or recipient job search except for the following:
      1. A job seeker may be required to undergo appropriate substance abuse treatment.
      2. A job seeker who is incapacitated or caring full-time for an incapacitated immediate family member residing in the job seeker’s home, will be required to follow the treatment plan of the medical professional.
      3. A job seeker who is assessed under the incapacity sections in H. and I. will be expected to meet the specific requirements identified in these sections.
      4. A job seeker who is fleeing because of being battered or subjected to extreme cruelty because of domestic violence will be required to follow a plan to overcome the problem.
      5. A job seeker who is assessed under the domestic violence section in J. will be evaluated for a waiver and will be expected to meet the requirements identified in this section.
      6. A job seeker who is approved for the teen parent educational activities will be required to meet the high school or GED educational work activity requirements.
      7. A job seeker who is approved for the full-time vocational training activities will be expected to meet the vocational training requirements.
   3. Determine if the job seeker meets any of the following criteria and enter the appropriate code on JAAS only when the job seeker meets one or more of the following hard-to-serve criteria.
      1. Primary hard-to-serve criteria. Enter the code, which best represents the job seeker’s major hard-to-serve reason. The job seeker has:
         1. (BL) Twelve or fewer months of benefits left in the POWER program;
         2. (JX) Failed to obtain or retain employment after receiving job search, job readiness and/or job retention skills training;
         3. (EX) Not been successfully employed after having received traditional classroom structured education and training;
         4. (PI) A physical incapacity, which might preclude the individual from continuing her/his former line, or related lines, of employment;
         5. (MI) A mental incapacity which cannot be controlled by medication or other treatment;
         6. (SI) A lack of social, work environment and life skills;
         7. (LD) A mental or learning disability which limits the job seeker’s ability to learn new skills;
         8. (SA) Substance abuse problems which result in absenteeism and other employment related disfunctions; and/or
         9. (SS) Received a denial of SSI benefits because of changes in the SSI regulations and not because of an improvement in the SSI- related medical condition.
      2. Secondary hard-to-serve criteria. Identify as many of the criteria under a., which are applicable and enter the code(s) on JAAS. Do not repeat the primary code in this section.
      3. Welfare-to-work hard-to-serve criteria. Select and enter on JAAS any criteria, which are applicable from the list below, if the job seeker has:
         1. (SA) Substance abuse problems, which result in absenteeism and other employment related disfunctions;
         2. (EA) No high school diploma or GED certificate and a low literacy level;
         3. (WA) A poor work history; and/or
         4. (30) Received 30 or more months of POWER, AFDC, Tribal TANF or cash assistance in Wyoming or in another state or U.S. territory.
   4. Determine the highest education level completed and enter the appropriate number from the codes below on the JAAS screen:
      1. (01 – 11) First through Eleventh Grade;
      2. (12) High School Diploma obtained;
      3. (13) GED obtained;
      4. (14) Vocational/Job Skills Training completed;
      5. (15) One year of post-secondary education completed;
      6. (16) Two years of post-secondary education completed;
      7. (17) Three years of post-secondary education completed;
      8. (18) Four years of post-secondary education completed;
      9. (19) Associates degree obtained;
      10. (20) Bachelors degree obtained;
      11. (21) Masters Degree or higher degree obtained;
      12. (22) Other.
   5. Gather employment-related information about the job seeker using the assessment form (DFS 561, pages 1 and 2) and the face-to-face interview.
   6. Maintain a completed assessment form in the case record.
   7. Summarize the assessment in the case record.
7. Assessment Action - Regular
   1. Complete a regular assessment by the end of the fourth week of participation for job seekers who have not obtained full-time employment.
   2. Assure the assessment information and IRP provides progress toward private sector employment if the job seeker is employable, or toward accessing assets such as SSI or DVR if the job seeker is not employable.
   3. Assure the IRP will increase the responsibility and amount of employment the job seeker is to handle over time.
   4. Recognize the primary source of employability information will be the job seeker.
   5. Include the following job readiness assessment in writing in the case record:
      1. The approved employment goal and the target date for obtaining employment;
      2. A summary of the job seeker's employability strengths and transferable skills;
      3. A summary of the job seeker's challenges to employment and the choices the job seeker makes to alleviate her/his challenges in obtaining her/his employment goal;
      4. A summary of the determination concerning a referral for testing or referral to DVR, WIA or other community assets for evaluations;
      5. A summary of the evaluations, test results or staffings/consultations; and
      6. An analysis of the information in a., b., c., d. and e., and the rationale for why the job seeker was assessed as job-ready or not job-ready. The analysis shall include:
         1. How this information was used to determine the appropriateness of the job seeker's employment goal, work activities, hours of participation and steps and responsibilities.
         2. A labor market assessment (DFS 565) which has been researched and completed by the job seeker who has questionable employment goals or who is requesting to be placed in a vocational training work activity.
         3. A determination concerning urgency.
   6. Review and adjust the assessment and analysis information at least quarterly if the job seeker is not employed full-time.
8. Assessment Action - Incapacity
   1. Understand the mandatory applicant/recipient who alleges/claims an incapacity or caring for an incapacitated immediate family member will be referred using the DFS 501 and the incapacity will be identified with the appropriate target code on WORW.
   2. Have a Statement of Incapacity form (DFS 110) or a medical statement completed by a medical professional or mental health professional.
   3. Accept the DFS 110 and determine if the incapacity is temporary, long-term or total and/or permanent:
      1. Do the following in a temporary incapacity situation:
         1. Set up the work program case and IRP. The IRP must recognize the limitations of the medical problem and support the prescribed treatment of the medical or mental health professional.
         2. Assess to determine if the job seeker is able to participate in job seeking, job retention, life skills or job skills training.
         3. Update the IRP when the job seeker has recovered from the incapacity sufficiently to be making at least minimal effort to become employed or request a new DFS 110 if the job seeker indicates s/he is not recovered sufficiently to begin work activities.
         4. Use postpone status temporarily if the assessment information is incomplete and the appropriate steps toward self-sufficiency cannot be determined.
      2. Do the following in a long-term incapacity situation:
         1. With DVR participation:
            1. Consider referral of the long-term incapacity case to DVR who, if the case is accepted, will have primary case management responsibility.
            2. Accept the employability plan developed by the DVR counselor and code the DVR activities as work experience (DV) on EMDP.
            3. Resolve differences in requirements or expectations with the DVR counselor.
            4. Understand the DVR counselor will be responsible for monitoring and reporting noncompliance to the CM.
            5. Ensure the IRP progress is reviewed at least every three months by staffing the case with the DVR counselor.
            6. Notify the Benefit Specialist when the incapacitated job seeker is in noncompliance with the DVR employability plan.
         2. Without DVR participation:
            1. Set up the work program case and IRP recognizing the limitations of the medical problem and supporting the prescribed treatment of the medical or mental health professional
            2. Require the job seeker to access any community resources available for evaluation.
            3. Place the job seeker in the job readiness, work experience or other appropriate work activity on EMDP. The job seeker’s plan will include following the treatment plan of the medical professional/mental health professional, obtaining any appropriate life skills training or other appropriate steps leading to self-sufficiency.
            4. Use postpone status temporarily if the assessment information is incomplete and the appropriate steps toward self-sufficiency cannot be determined.
      3. Do the following in a total and/or permanent incapacity situation:
         1. Set up the work program case and IRP recognizing the limitations of the medical problem and supporting the prescribed treatment of the medical professional/mental health professional.
         2. Require the job seeker to apply for SSI after reviewing the DFS 110 and recommendation by the DVR counselor, as appropriate.
         3. Require the job seeker to follow through with all application requirements and appeals necessary to obtain approval for SSI.
         4. Include the job seeker’s steps toward self-sufficiency as part of the IRP:
            1. Place the individual in job readiness or another appropriate work activity on EMDP.
            2. Use postpone status temporarily if the assessment information is incomplete and the appropriate steps toward self-sufficiency cannot be determined.
         5. For the five-year benefit limit purposes, consider the job seeker totally and/or permanently disabled or incapacitated because s/he has a physical or mental impairment to the extent it prevents her/him from achieving:
            1. Independent living;
            2. Full-time employment; or
            3. Participation in job training programs that would reasonably lead to independent living or monetary self-sufficiency.
9. Assessment Action - Caring for an Incapacitated Immediate Family Member
   1. Have a Statement of Incapacity form (DFS 110) or a medical statement completed by a medical professional or mental health professional.
   2. Include in the IRP the steps the job seeker will need to go through to move toward self- sufficiency after reviewing the DFS 110 form or other statements by a medical professional and recommendation by the DVR counselor, as appropriate:
      1. Place the job seeker in the job readiness, work experience or other appropriate work activity on EMDP. The job seeker’s plan will include helping the family member to follow the treatment plan of the medical professional/mental health professional, obtaining any appropriate life skills training, assisting the family member in following through with an SSI application or other appropriate steps leading to self-sufficiency.
      2. Use postpone status temporarily if the assessment information is incomplete and the appropriate steps toward self-sufficiency cannot be determined.
   3. Require the job seeker to be a caretaker who stays home to provide care full- time for a totally disabled or incapacitated immediate family member.
   4. Assure the family member is residing with the caretaker because there is no other reasonable alternative.
10. Assessment Action - Domestic Violence
    1. 1. Assure that participation in the work program will not endanger the job seeker or his/her child(ren).
       2. If the family is not in danger:
          1. Require the job seeker to comply with the full-time applicant or recipient job search if appropriate.
          2. Assure the employability planning increases the responsibility and the amount of employment the job seeker is to handle over time
       3. If the family is in danger:
          1. Require verification from law enforcement and/or the domestic violence agency indicating the job seeker:
             1. Is fleeing for personal safety or for the safety of her/his child(ren); or
             2. Has been victimized by being battered or subjected to extreme cruelty because of domestic violence; or
             3. Is at risk in the future of being battered or
                subjected to extreme cruelty because of domestic violence.
          2. Set up the work program case and IRP recognizing the limitations imposed by the situation, such as developing work experience opportunities that will continue the job seeker on the road to self- sufficiency.
          3. Require the job seeker to be working with the domestic violence agency, DFS social services and/or a licensed counselor to correct the circumstances that have contributed to the domestic violence.
11. Employment Goal, Target Date and Participation Hours
    1. Develop an IRP jointly with the job seeker at the initial and subsequent meetings. The IRP must:
       1. Reflect urgency;
       2. Include a target date; and
       3. Be realistic. To be realistic, the employment goal must correspond to the job seeker's skills/strengths and the realities of the labor market.
    2. Explore and investigate the options available to the job seeker to resolve the job seeker's challenges to employment.
    3. Identify and mitigate artificial barriers to employment. Artificial barriers to employment might include delaying parental responsibility until a job seeker graduates, or until a job seeker fully recovers from surgery, or until a job seeker completes the SSI or DVR process.
    4. Set up the participation hours to reflect urgency and to meet the federal participation requirements.
    5. Begin with 40 hours of participation (such as a combination of employment and work experience work activities) as the requirement for every job seeker and document in the case record why this is not feasible if 40 hours cannot be obtained.
    6. Class/Lab Hours:
       1. Job seekers in approved vocational or job skills training will be considered to be participating only during the hours when in a class, including lab time if listed on the job seeker's class schedule, but not for hours during study periods or breaks between classes.
       2. Study time and other out-of-class preparation time will not count as these activities can occur outside the 40-hour performance period.
    7. School vacations and summer breaks:
       1. Job seekers will not be considered to be participating in an educational or training activity unless enrolled full-time during summer break.
       2. Job seekers will be required to participate in job search or another countable work activity.
       3. Job seekers in all educational/training activities will be considered to be participating during shorter, scheduled school breaks.
    8. Do not include time spent commuting to or from the assignment or to or from childcare in the countable hours for participation.
    9. Do not allow home schooling as a work activity for either the "teacher" or the minor parent.
       1. Home schooling will be countable for the mandatory child if s/he is in a full-time program approved by the local school district; and
       2. The child’s progress toward a high school diploma or equivalent is documented each midterm and end of term.
    10. Compute self-employment hours by dividing the gross income by the minimum wage.
    11. Expect each job seeker to be actively performing during the hours established in the IRP (see Good Cause).
    12. Inform the Benefit Specialist immediately when the mandatory job seeker has failed to comply with the POWER work program requirements.
12. Setting the IRP On JAS - Develop the IRP jointly with the job seeker recognizing the IRP will be a document that flows and changes as a job seeker passes through the program toward the employment goal and self-sufficiency.
    1. Access the PASS screen to review the WORW codes and to verify the caseload assignment.
    2. Access the JAAS screen to complete the assessment information including education level and to enter the work activity code in the step field.
    3. Enter the appropriate hard-to-serve and welfare to work codes on JAAS.
    4. Enter the original assessment date on JAAS when the base assessment is complete.
    5. Determine steps and time frames the job seeker will need to follow to meet the employment goal. Enter the individualized and specific steps (BATE Objective Code) on BATE.
    6. Determine responsibilities of the job seeker and agency and time frames for accomplishing the goal of employment (BATE Objective Code) and enter the information on BATE.
    7. Determine the target date for employment, employment-directed work activities and timelines for completion of the work activities and enter the information on EMDP.
    8. Assure the IRP is signed and dated by the job seeker and CM before the work activities are scheduled to start. A copy of the IRP is maintained in the case record and the job seeker gets a copy.
13. Monitoring
    1. Monitor progress on a daily, weekly or performance period basis to assure urgency and parental responsibility.
    2. Monitor the job seeker’s:
       1. Compliance with the steps and responsibilities listed on the IRP.
       2. Good and satisfactory progress toward the employment goal including progress toward completion of the steps and responsibilities identified on the IRP.
       3. Skills and strengths and how they are being used to progress toward alleviating her/his personal and family's challenges to employment.
    3. Enter the good and satisfactory review date and findings on EMDP.
    4. Enter the current unsubsidized employment information on the WKHI screen and ensure consistency between the work activities on EMDP and the WKHI screen.
       1. The “general purpose” code to enter in the DOT code space on WKHI is 100;
       2. Enter the specific type of occupation on the “JOB TYPE” space on WKHI.
    5. Advise the Benefit Specialist when the job seeker becomes employed or changes employment.
    6. Update the BATE, EMDP and WKHI screens as appropriate and understand no unexplained breaks between scheduled work activities and IRP’s should exist.
    7. Summarize monitoring findings in the case record.
    8. Maintain job search contacts, educational and training information, DVR plans and other applicable documents in the case record.
    9. Report noncompliance immediately, but no later than the 15th or the first working day after the 14th, in writing to the Benefit Specialist and include the specific noncompliance reason(s) and the performance period, which is affected.
    10. Send the appropriate JAS notice of adverse action.
14. Work Activities - Assignment - The work activity assignment must:
    1. Be consistent with policy requirements and limitations;
    2. Lead to unsubsidized employment or self-sufficiency through accessing other resources; and
    3. Meet the federal participation requirements. Narrate a rationale for assigning the job seeker to activities, which will not meet the criteria if the participation requirements cannot be met. (See C. for participation rate requirements)
15. Work Activities - Countable - The following work activities are counted in the participation rate calculation:
    1. Job Search (Coded as CJ on EMDP with excused absence coded as EJ on EMDP and holidays coded as HJ on EMDP) and job readiness (coded as CR on EMDP with excused absence coded as ER on EMDP and holidays coded as HR on EMDP):
       1. Job search work activities include:
          1. Developing job-seeking skills;
          2. Receiving information and counseling concerning job availability and job search;
          3. Participating in job club;
          4. Completing job applications;
          5. Setting up and participating in job interviews;
          6. Developing job retention skills; and
          7. Accepting employment.
       2. Job readiness activities help job seekers:
          1. prepare for work;
          2. retain work;
          3. become familiar with general workplace expectations;
          4. exhibit work behavior and attitudes necessary to compete successfully in the labor market;
          5. otherwise prepare for self-sufficiency.
       3. Job retention skills must be included and coded as part of either job search or job readiness activities. Job retention skills will help prepare job seekers for long term work retention including:
          1. upward mobility;
          2. budgeting;
          3. goal setting;
          4. life-long learning;
          5. decision making;
          6. utilizing the Child Care and Family Care medical programs as steps in progressing toward self-sufficiency after the POWER case is closed.
       4. Job search and job readiness activities are countable for the participation rate for a total of six weeks per federal fiscal year for both activities.
          1. The six weeks cannot be continuous; and
          2. No more than four consecutive weeks in a federal fiscal year will count.
          3. A regular assessment must be completed by the end of the fourth week of unsuccessful job search.
          4. Job search scheduled for four days in a week can only count once in a fiscal year as a full week of participation.
          5. Once the six weeks have been used, the job seeker can be assigned to non-countable job search or job readiness (Coded NJ or NR) in combination with a countable activity or activities.
       5. The following job seekers must be assigned to job search activities.
          1. Mandatory applicants or job seekers who are no longer exempt unless assessed as not job ready.
          2. Job seekers who have recovered from a temporary or long-term incapacity.
          3. Job seekers who are close to completing or have completed an educational or training work activity.
       6. Specify job search and job readiness responsibilities on the IRP and monitor the job search compliance at least every performance period.
       7. Determine if the required hours of job search were met by counting the actual time spent in following actions:
          1. A face-to-face contact with a potential employer interviewing;
          2. Completing and leaving an application form; and
          3. A telephone contact. Note: Travel time between interviews as part of job search and job readiness assistance may be counted, but not the travel time to the first job search interview or the time spent returning home after the last one.
       8. The job search and job readiness activities may be allowable, but not countable toward the participation rate, when the federal limit has been exhausted. (see Q.)
    2. Employment:
       1. Unsubsidized employment. (UE)
          1. Unsubsidized employment must be recorded on WKHI;
          2. The UE code is appropriate for individuals who are job attached and on a leave of absence;
          3. The job attachment must be documented by a statement from the employer and must be verified again each month.
       2. Subsidized employment is employment for which the wages are financed from public funds, including on-the-job training through DVR.
          1. WIA on-the-job training must be coded under on-the-job training (JT);
          2. Subsidized employment is not recorded on WKHI but is coded on EMDP as follows:
             1. Subsidized private sector employment. (SE)
             2. Subsidized public sector employment. (SP)
       3. Full-time employment is 35 or more clock hours per week with earnings equivalent to the federal minimum wage.
       4. Part-time employment is less than 35 clock hours per week, or employment of more than 35 hours per week with earnings less than the federal minimum wage.
       5. Self-employment hours are determined by dividing the gross income by the minimum wage.
       6. Work-study is not subsidized employment and should be coded under work experience.
    3. Work experience: Work Experience (Coded as WX on EMDP with excused absence coded as EW on EMDP and holidays coded as HW on EMDP) Work Activities - Non Countable - Incapacitated Individuals without DVR participation who are following through with all application requirements and appeals necessary to obtain approval for SSI, should be placed on a work experience IRP (coded as IS on EMDP with excused absences coded as EI on EMDP and holidays coded as HI) on EMDP. Caring for an Incapacitated Immediate Family Member  - The job seeker caring for an incapacitated family member (Coded as FS on EMDP with excused absences coded as EF on EMDP and holidays coded as HF on EMDP).
       1. Work experience is unsalaried job training provided by a private business, a nonprofit organization or public agency at a clearly defined, supervised site. Work experience is not reported on WKHI.
       2. Work experience must afford the participant the opportunity to develop basic work habits, practice skills, acquire on-the-job experience and demonstrate skills to a prospective employer.
       3. The training must include skills, which are transferable to the work place.
       4. Consider work experience activities to be appropriate only when identified through the assessment process. The assessment must show the job seeker needs work experience to progress toward the goal of employment or self-sufficiency.
       5. Justify the work experience activity is the appropriate assignment in the case record.
       6. Types of work experience activities include:
          1. Training by an employer in job skills for a specific job. (WX)
          2. Training by the CM in skills which are transferable to the work place for job seekers who are assessed as not job ready because of an incapacity, caring for an incapacitated immediate family member, or fleeing because of domestic violence. (WX)
          3. Work-study only when the work experience agreement is in place. (WX)
          4. Training as a DVR client. (DV)
       7. The following must occur for a job seeker to be placed in the work experience work activity (WX).
          1. Assure a release of confidential information is signed by the job seeker.
          2. Develop work experience opportunities with private businesses, nonprofit corporations and public agencies.
          3. Enter into a Work Experience Agreement (DFS 564a) with the provider of the work experience, which sets forth the following factors:
             1. Skill areas in which the job seeker will be trained and the plan for the training.
             2. Assure the job seeker will:
                1. not be discriminated against nor exploited.
                2. be provided with adequate supervision.
                3. not supplant a person who would have been paid by the employer to do the same job.
                4. not be involved in work, which is hazardous to the job seeker's health and safety.
             3. Assure the trainer will:
                1. adhere to the agency's rules and regulations concerning reporting requirements, hours, and period of participation.
                2. agree the agency will be responsible for assessing the need for providing work activities expenditures, counseling, monitoring, etc., as appropriate.
                3. guarantee the work activity will not interfere with or prevent the job seeker from seeking employment. Seeking and accepting employment must have priority over work experience activities in the job seeker’s IRP.
             4. The trainer and agency have a right to terminate the agreement if:
                1. either party does not comply with any portion of the agreement; or
                2. the job seeker’s responsibilities are not met; or
                3. the job seeker’s POWER performance payments are discontinued.
          4. Assure the Work Experience Agreement (DFS 564a) is signed and dated.
          5. Limit the initial placement to 90 days with a reassessment prior to the end of the 90-day period.
          6. Consider work experience to always be a short-term training activity. Extensions are limited to up to one year with the agreements renegotiated every 90 days or less.
          7. Do not report work experience on WKHI.
          8. Allow the job seeker up to five working days to arrange a work experience site while assigned to the WX code on EMDP.
          9. Require a signed work experience agreement to be in place by the end of the fifth day for the job seeker to continue in the work experience activity.
          10. Require Workers’ Compensation coverage only if training is provided by the Case Manager or other government agency in job skills for a specific job.
       8. The following must occur when a job seeker is assigned to the DVR work experience activity (Coded as DV on EMPD with excused absence coded as EX on EMDP and holidays coded as HX on EMDP):
          1. Assure a release of confidential information is signed by the job seeker.
          2. Consider the DVR Individualized Plan for Employment (IPE) to be the work experience agreement.
          3. Verify the job seeker is working with DVR and is either in the application/assessment or trial work experience phase if an IPE has not yet been developed.
          4. Use the DV activity code for 40 hours on EMDP when there is an active IPE or verification has been obtained.
          5. Support the DVR plan on the IRP and include any other performance responsibilities for the job seeker.
          6. Review and monitor the job seeker’s progress toward employment or self-sufficiency at least every three months by staffing the case with the DVR counselor.
          7. DO NOT report DVR work experience on WKHI.
    4. On-the-job training (Coded as JT on EMPD with excused absence coded as EO on EMDP and holidays coded as HO on EMDP):
       1. On-the job training (OJT) is a subsidized training experience offered through WIA.
       2. Consider the objectives of OJT to be to provide job seekers in the work situation an opportunity for:
          1. Structured skill training;
          2. Improvement of present skill level through close supervision;
          3. Experience in the work place to bring skills to a level that would be competitive in the labor market; and/or
          4. Improvement of her/his marginal employability potential through more substantial supervision and direction than would be afforded normally in an unsubsidized work situation.
       3. Consider OJT to be appropriate only when identified through the assessment process. The assessment must show the job seeker needs OJT work experience to progress toward the goal of employment or self-sufficiency.
       4. Justify the OJT is the appropriate assignment in the case record.
       5. Complete an IRP and release of confidential information form.
       6. Place the job seeker in an OJT work activity only after s/he has completed the application process and has been approved for WIA.
       7. Staff the job seeker's OJT request with the WIA CM prior to referring the job seeker to WIA and assess the job seeker for another work activity if the WIA CM indicates the job seeker is not appropriate for OJT.
       8. Realize it is the responsibility of the WIA CM to approve job seekers for the OJT work activity and to develop and approve OJT sites.
       9. Coordinate services with the WIA CM including monitoring participation and progress.
       10. Authorize essential work activities expenditures.
       11. Record the findings on EMDP and document the findings in the case record.
       12. Staff with the WIA CM to determine the appropriateness of the current IRP, to update the IRP and to assign the job seeker to other POWER work activities or WIA activities as appropriate.
       13. Advise the Benefit Specialist the job seeker will receive OJT income.
       14. Do not report OJT on WKHI.
    5. High school or GED for the teen parent only (Coded as GH on EMPD with excused absence coded as EG on EMDP and holidays coded as HG on EMDP): (In federal fiscal year 2000, the number of teen parents in high school or GED will be included in the 30% limit with those job seekers in short term vocation training)
       1. The teen parent under age 18 must maintain satisfactory school attendance. Failure to maintain school attendance results in noncompliance with POWER. Report noncompliance immediately to the Benefit Specialist as school attendance is an eligibility requirement for this group.
       2. The teen parent, ages 18 and 19, can continue in the countable high school/GED work activity if s/he:
          1. has maintained continuous enrollment in high school or GED; and
          2. has at least a "C" grade point average; and
          3. will complete the requirements within six months or will be graduating with her/his graduation class.
       3. The teen parent, ages 18 and 19, who has NOT met all of the criteria in b., must be placed in employment directed activities that meet the participation rate requirements.
       4. The teen parent, ages 18 and 19, who maintains employment for the minimum number of hours to satisfy the participation rate (see c.), may also be placed in countable high school/GED (coded GH) if s/he maintains:
          1. continuous enrollment; and
          2. at least a "C" grade point average.
    6. Short-term vocational training (Coded as VO on EMPD with excused absence coded as EV on EMDP and holidays coded as HV on EMDP): Vocational education training is training directly related to the preparation of individuals for employment in a nonprofessional career or to upgrade skills for a nonprofessional career. The number of participants in vocational training is limited to 30% of the caseload of the families counted toward the work participation rate. (In federal fiscal year 2000, the teen parents in high school or GED will be included in the 30% limit)
       1. The vocational training program must be directly related to the preparation of individuals for employment in a nonprofessional career or to upgrade skills for a nonprofessional career.
       2. Consider vocational training to be appropriate only when identified through the assessment process. The assessment process must show the job seeker needs vocational training to progress toward the goal of employment or self-sufficiency.
       3. Justify the vocational training activity is the appropriate assignment in the case record.
       4. Vocational training is only appropriate if it is the first training program for the job seeker unless the job seeker is upgrading skills to obtain or maintain certification or employment.
       5. The training must be targeted at a specific job with assurance the job seeker will have a job.
          1. Require the job seeker to complete the labor market assessment (DFS 565).
          2. The labor market assessment must show the job seeker understands the job requirements and has done research to determine if jobs are available in the training area.
          3. The job seeker must agree to relocate if jobs are not readily available in the area.
       6. The job seeker must maintain full-time enrollment and a "C" grade average.
       7. The program must be completed within 12 months.
       8. If the program will take more than 12 months to complete and is necessary for the job seeker to obtain employment, the CM will refer the job seeker to the Benefit Specialist for consideration as a POWER-SASFA student.
       9. Approve job seekers, who were previously eligible for POWER-SASFA and consequently determined ineligible, for short-term vocational training only if the job seeker has shown an inability to obtain and maintain employment prior to being approved.
16. Work Activities - Sometimes Countable
    1. Count work activities in this section only after the job seeker has met:
       1. 20 hours in a countable work activity (for single parent assistance units);
       2. the required 30 hours in a countable work activity (for 2-parent assistance units);
       3. the required 50 hours in a countable work activity (for 2-parent assistance units receiving childcare).
    2. Work activities, which count under this section, are:
       1. High school and GED for adults (GH).
       2. Job skills training (Coded as JS on EMPD with excused absence coded as ET on EMDP and holidays coded as HT on EMDP): Job skills training is short-term skill training activities designed to increase the skills of an employee. The training is available in the community and occurs outside the regular work hours. (Not the same as vocational training)
    3. Consider the educational or training program to be appropriate only when identified through the assessment process. The assessment must show the education or training program is essential for the job seeker to obtain, maintain or increase employment.
    4. Justify the education or training program activity is the appropriate assignment in the case record.
17. Work Activities - Allowable, But Not Countable
    1. Non-countable job search (Coded as NJ on EMDP) and non-countable job readiness (coded as NR on EMDP). Mandate additional job search, job readiness and job retention activities only if the job seeker is also meeting the required hours of countable work activity.
    2. Non-countable high school (Coded as NH on EMDP) and non-countable GED (Coded as NG on EMDP) Place the following restrictions on the non-countable high school (NH) and non- countable GED (NG) work activities:
       1. Teenagers ages 16-17 (excluding teen parents):
          1. Require any teenager age 16 or 17 who has not successfully completed a high school education or its equivalent to be mandatory for school enrollment and attendance and to complete the education work activity within the time frame established for her/his graduation class, or
          2. Require the teenager to participate in work experience or employment when s/he is no longer maintaining satisfactory performance in the educational activity.
          3. Teenagers must participate in work experience or employment during summer breaks.
       2. Other job seekers over the age of 18: Place other job seekers over the age of 18 first in employment-directed work activities:
          1. The non-countable educational work activity may be approved after the job seeker has demonstrated an inability to obtain employment or to upgrade employment;
          2. The job seeker must complete the education work activity within a six month time frame; and
          3. The job seeker must be in another work activity that is countable and which meets the minimum countable hours.
    3. Realize non-countable job skills training (NT) is also available, but not countable, and:
       1. Must be short-term skill training activities available in the community outside the regular work hours, which are designed to increase the skills of an employee. (Not the same as vocational training)
       2. Consider the training program to be appropriate only when identified through the assessment process. The assessment must show the education or training program is essential for the job seeker to obtain, maintain or increase employment.
       3. Justify the education or training program activity is the appropriate assignment in the case record.
    4. Wyoming has approval to allow Post-secondary Education/Long-term Vocational Training (ST) as a non-countable work activity.
       1. Allow the post-secondary education/long-term vocational training work activity only when:
          1. the POWER-SASFA student has been transferred to the Work Program, and
          2. the student is in her/his last semester of education and requires less than 12 semester hours to graduate, and
          3. the student is meeting the participation rate requirements by being assigned to job search or another employment directed activity in addition to the post- secondary education/long term vocational training activity.
    5. Postpone - Postpone may only be used:
       1. For brief periods when assessment information is incomplete and the appropriate steps toward self-sufficiency cannot be determined.
       2. When the CM has exhausted all services available to the job seeker and no other activities are reasonable.
18. Work Activities - Allowable/Countable work activity summary - Use the following chart, which summarizes when the allowable work activities count: INSERT TABLE
19. Case Records
    1. Include the following in the case record:
       1. summaries of collateral and job seeker contacts,
       2. assessment,
       3. rationale for IRP and work activity decisions,
       4. monitoring findings and progress information,
       5. noncompliance reasons,
       6. expenditure decisions,
       7. administrative hearing situations,
       8. staffings, and
       9. other pertinent information.
    2. A case record will:
       1. Allow another CM to manage the case when the primary CM is absent,
       2. Document:
          1. When the event or action occurred,
          2. Who was involved,
          3. What was said, decided, agreed to, reported, etc.,
          4. Why an action was taken or a decision was made.
       3. Allow for a clear audit trail regarding case decisions.
    3. Sign and date all narrative entries.
20. Noncompliance
    1. Understand failure to comply occurs when the mandatory job seeker fails to:
       1. Contact the CM within the time frame established by the Benefit Specialist on the appointment form;
       2. Keep the initial and all other scheduled appointments;
       3. Follow through with any steps and responsibilities specified on the IRP;
       4. Cooperate by contacting the CM upon request; and
       5. Accept and maintain employment.
    2. Accept a job seeker’s reasonable excuse for failing to comply, providing the job seeker gives the excuse prior to the time when the compliance is expected.
    3. Verify and document the facts when failure to comply has occurred.
    4. Send a failure to comply JAS notice immediately to the non-complying job seeker and:
       1. Explain the specific reason for the failure to comply;
       2. Indicate the effective date of the action;
       3. Explain what needs to occur for the job seeker to come back into compliance; and
       4. Provide applicable legal cites.
    5. Notify the Benefit Specialist immediately of the noncompliance.
    6. Accept any request for good cause when the request is made in writing within three working days of receipt of the P003, failure to comply notice, by the recipient.
       1. Refer the job seeker to the Benefit Specialist to request an administrative hearing on the adverse action if good cause was not requested in writing within the required time frame or good cause is denied (see X.);
       2. Forward the good cause request to the work program action center supervisor if good cause was requested in writing within three working days.
    7. The supervisor reviews the good cause request, requests further clarification as needed and makes a good cause determination.
    8. Understand good cause for failing to meet the POWER work performance requirements can only be granted for the following reasons:
       1. The job seeker is verifiably unable to perform the type of work involved or lacks the basic skills to do the job;
       2. Employment is reduced or terminated through no fault of the job seeker;
       3. The job seeker is subjected to intimidation, abuse, exploitation, harassment or unsafe working conditions as verified by substantiated evidence;
       4. The job does not pay applicable federal minimum wage or the prevailing wage for like work in the community;
       5. The job seeker encounters an emergency (involving herself/himself or an immediate family member) that reasonably precludes full cooperation and participation with ` assigned work activities;
       6. The job seeker did not provide a mandated report of a change to the CM, which would affect compliance with the IRP, but did report the change to the Benefit Specialist within the required performance period. Good cause must be granted based on the breakdown in communication.
       7. The job seeker is a single custodial parent caring for a child under age six who has demonstrated an inability to obtain needed child care under one of the following reasons:
          1. Appropriate childcare;
          2. Reasonable distance;
          3. Unsuitability of informal childcare;
          4. Affordable childcare arrangements.
       8. Case manager error.
       9. Require the good cause determination to be provided in writing for documentation purposes in the work program action center case record.
       10. Notify the Benefit Specialist in writing to not impose the noncompliance penalty when good cause is granted.
21. Transferring Cases
    1. Do the following to transfer a case within an office:
       1. Change the caseload number on the JAS PASS screen.
       2. Advise the former CM and the job seeker of the transfer as appropriate.
       3. Review and update the IRP to assure compliance continues.
    2. Transferring a case between offices.
       1. The transferring CM will:
          1. Meet with the job seeker as soon as the relocation decision is known.
             1. If the job seeker moves without advising the CM, the job seeker is in noncompliance. Follow the noncompliance procedures. Notify the local Benefit Specialist and the receiving CM.
             2. If the relocation will result in the job seeker being out of compliance with the IRP, follow the noncompliance procedures. Notify the local Benefit Specialist and the receiving CM.
             3. If the relocation does not result in noncompliance, update the IRP to assure compliance continues during the relocation period. Notify the local Benefit Specialist and the receiving CM.
          2. Assure the JAS and case records are current.
          3. Generate the appropriate Work Program notices concerning the transfer.
          4. Change the caseload number on PASS.
          5. Mail the case record to the receiving CM.
       2. The receiving CM will:
          1. Accept transfer of the case and review the IRP and other information.
          2. Assure the initial meeting occurs within the time frame established on the transfer IRP.
             1. If the contact does not occur, the CM will generate a failure to comply notice and will notify the assigned Benefit Specialist in the receiving office.
             2. If the contact does occur, the CM will monitor compliance occurred during the transfer period and will update the IRP to address the job seeker’s new situation.
22. Inactivating Cases
    1. Use the following chart to determine when the closure notice should be sent, the monitoring ends and when the JAS screens should be closed. (Follow the dates exactly.) INSERT TABLE
       1. * Exception: When policy directs the case to be closed on the 15th of the month, the CM may continue the EMDP and BATE screens and leave the case open until the end of the month if performance can be verified and documented through the end of the month
    2. Do the following when the JAS screens are closed:
       1. Update WKHI with the current employment information. Advise the Benefit Specialist concerning this information using the DFS 563 or electronic mail so the EPICS earned income screens can be correctly completed.
       2. Enter an actual end date for each step and responsibility on BATE and for each open work activity on the EMDP screen.
       3. Enter an inactive code and date on the PASS screen.
       4. Advise the Benefit Specialist of the closure.
    3. Leave the case open for 30 days when notified by the Benefit Specialist the job seeker must comply for 30 days due to a voluntary quit. (See Section 401).
23. Notices
    1. Generate the appropriate JAS notice when:
       1. Any action is taken which will have an adverse affect on the job seeker’s eligibility or approval for:
          1. POWER,
          2. A work program activity,
          3. A work activity expenditure, or
       2. Any appointments which are not identified on the IRP.
       3. Needed to clarify or transmit information, which is related to the job seeker’s compliance or case activity.
       4. A transfer has occurred. (See U.)
       5. Inactivation of a case occurs. (See V.)
    2. Include the following in a notice:
       1. The reason for the notice.
       2. A clear and concise statement of the action being taken by the CM.
       3. Information about what the job seeker is expected to do.
       4. Any pertinent dates.
       5. The applicable legal citations.
       6. Information concerning performance periods and how noncompliance could affect eligibility for other DFS programs.
       7. An explanation concerning the right to request an administrative hearing. (This is printed on the back of the JAS notices)
24. Administrative Hearings
    1. Explain to the job seeker about the right to request an administrative hearing within 30 days from the date of an adverse notice.
    2. Assure proper notification has been given. (See W.)
    3. Transmit any request for an administrative hearing immediately to the DFS-FO manager.
    4. The agency administrative hearing process will apply.
       1. The DFS-FO is responsible for providing documentation and exhibits and for presenting the reasons for agency action.
       2. The CM may be asked to testify as a witness to the actions, which occurred in the Work Program.
25. Displacement Complaints - A displacement complaint occurs when a regular employee believes s/he has been displaced by a POWER job seeker. Report to the DFS-FO manager whenever a displacement complaint is received.
26. Exchange of Client Information
    1. Exchange of client information – POWER Work Program A release of information is not required for information to be exchanged between the CM and Benefit Specialist when working with POWER Work Program cases.
    2. Exchange of client information – other than for the POWER Work Program.
       1. Comply with all provisions found in the Memorandum of Understanding between the Department of Workforce Services and the Department of Family Services dated July 18, 2002 concerning exchange of client information.
       2. DO NOT exchange medical and psychological information provided by health care professionals unless specifically authorized by the job seeker, in writing.
       3. Exchange general employability information about the job seeker when appropriate.
       4. Cooperate with local partners to develop information exchange procedures.
       5. Seek guidance from the Work Program consultant if proposed local procedures conflict with policy.
    3. Exchange of client information – Child Support Court Ordered Obligors
       1. A release of information is not required for information to be exchanged between the CM and CSA when working with child support court ordered obligor cases.
       2. DO NOT exchange information with a CSA attorney or share information in a court hearing unless permission has been specifically authorized by the
          child support court-ordered obligor in writing.

E-4 Work Activity Expenditures

1. Limited Work Activity Expenditures
   1. Realize work activity expenditures are only available to job seekers who are assigned to a countable work activity.
   2. Acknowledge the maximum of all limited work activity expenditures cannot exceed $1,000 per job seeker per year.
      1. The year begins with the month the first work activity expenditure was paid for the job seeker and goes for 12 consecutive months;
      2. The second year begins with the first work activity expenditure payment made after the end of the first year and goes for 12 consecutive months.
   3. Realize work activity expenditures, which are available on an as needed basis, are limited for each job seeker as follows:
      1. Transportation services include gas for the job seeker’s own vehicle or to be transported by another person, taxi or bus:
         1. Limit transportation expenditures to $75 per month.
         2. Require, for ongoing payments for gas, the job seeker take the odometer reading when s/he leaves home and travels her/his usual daily route to the child care provider and the countable work activity site and back home.
         3. Multiply this mileage by the state allowed cents per mile to determine the daily cost.
         4. Multiply the daily cost by the number of days the route is to be traveled to establish the monthly allowable reimbursement up to the $75 per month limit. NOTE: Job seekers who are employed are expected to pay their transportation costs.
      2. Limit union dues or professional licensing fees to one-time only payments and do not exceed $360 per year.
      3. DO NOT exceed $500 per year for clothing, personal grooming, uniforms, and interview assistance:
         1. Provide interviewing assistance (transportation and per diem) to a job seeker to enable her/him to accept a bona fide appointment for a job interview in a city which is located 50 miles or greater from the city in which the job seeker resides.
         2. Estimate the transportation costs using a currently published highway map to determine mileage and the state allowed amount per mile.
      4. DO NOT exceed $500 per year for vehicle insurance, licensing or repair and assure the payment is for a vehicle owned by the job seeker who has a valid driver's license;
      5. DO NOT exceed $1,000 per year for tools and realize the payment is available only once in a lifetime.
      6. DO NOT exceed $1,000 per year for relocation assistance and realize the payment is available only once for each job seeker:
         1. Provide financial assistance to a job seeker to move to another location/city to accept a job opportunity that does not exist in her/his current location/city.
         2. Allow relocation assistance (transportation, per diem, and rental of moving van or trailer) for one-way relocation to the nearest location where the job opportunity is available and do not include shelter or utility deposits.
         3. Verify the employment.
2. Work Activity Expenditures Outside the $1000 Limit - Authorize the following work activity expenditures which are available on an as needed basis but are not subject to the $1000 limit for each job seeker:
   1. Assessment expenditures such as literacy tests, other tests and test summaries.
   2. Education or training expenditures such as:
      1. GED tests for minor parents or teenagers only.
      2. Tuition, books and other educational supplies for minor parents only.
      3. Tutoring for minor parents or teenagers only.
      4. DVR requested and approved training expenditures for incapacitated job seekers only.
3. Job Seeker Responsibilities
   1. Make a written request for assistance with an expenditure necessary to become employed including the date s/he plans to be employed.
   2. Document the need by:
      1. Showing how the assistance is a requirement for complying with the IRP or is essential to becoming employed within the next 12 months.
      2. Providing estimates showing s/he has taken the responsibility to find the best price and quality.
      3. Providing supporting or related information, i.e., driver's license, insurance, license plates, etc. as required.
   3. Take responsibility for the expenditure by paying for, or by making a mandatory contribution towards the purchase, or by accessing other possible resources:
      1. Other resources, including income from employment, are to be utilized prior to POWER work activity expenditures.
      2. POWER is to be the last payer.
   4. Increase her/his knowledge and ability to develop and implement effective personal/family budgets.
   5. Execute the requirements of the IRP.
   6. Repay any incorrect expenditure, or return any nonperishable expenditure item over $100, when directly related to a failure to comply with an IRP or POWER work program requirement, failure to accept employment, fraud or other illegal actions.
4. CM Responsibilities
   1. Assure written application has been made and all expenditures are approved before the purchase is made.
   2. Make a timely decision on the request.
   3. Assure the assistance by POWER to purchase the requested need will not result in an illegal action:
      1. POWER may not pay a bill, which has already been paid by the job seeker or another source, unless it is a participant reimbursement that has been approved by the case manager prior to the date of service.
      2. POWER will not pay for car repairs for an unlicensed driver or for uninsured or unlicensed vehicles.
   4. Uphold the job seeker's right to accept responsibility for herself/himself by requiring as determined through assessment:
      1. A mandatory job seeker contribution towards the cost of all approved expenditures; or
      2. Full payment by the job seeker through other resources including income from employment; or
      3. Repayment or offset against future POWER payments or work activity expenditures, or recoupment of any nonperishable expenditure item, for any expenditure when the job seeker fails to comply with the steps and responsibilities agreed upon in the IRP or to seek and accept employment within the 12 month period.
   5. Assure proper notification has been given. (See W.)
   6. Adhere to any internal monitoring review established by the DFS-FO manager, including the review and approval of all invoices.
   7. Document on the DFS 562b the expenditures are within program limits and assure federal funds are not duplicating other federal funds.
   8. Limit the payment method to direct vendor payments with the exception of participant reimbursements for transportation or for interview and relocation assistance when a vendor cannot be identified.
5. Adjustments/Overpayments
   1. Cooperate with DFS staff to establish overpayment or recovery files as specified in Section 2000.
   2. Complete the DFS-710 and forward it to the Benefit Specialist Supervisor.
   3. Realize DFS will complete the required paperwork to be submitted to the PRICE Unit.