N.M. Admin. Code § 8.102.620.10 - CHILD SUPPORT AND NMW NON-COOPERATION PAYMENT SANCTIONS
A. General:
(1) The benefit group shall be subject to a
non-cooperation payment sanction under either or both of the following
circumstances:
(a) failure by a benefit group
member to meet NMW requirements; or
(b) failure by the adult responsible for
children included in a benefit group to meet child support services division
(CSSD) cooperation requirements or both;
(c) good cause will be evaluated based on the
circumstances of each instance of non-cooperation.
(2) Occurrence of non-cooperation:
(a) Child support:
(i) A benefit group shall be subject to a
payment sanction for failure to comply with CSSD cooperation requirements, even
if the adult required to cooperate with child support requirements is not
included in the benefit group.
(ii)
Each benefit group member that fails to cooperate with the NMW requirement is
subject to a sanction and shall affect the benefit group.
(iii) An occurrence of non-cooperation shall
be applied when a sanction progresses to the next sanction level as a result of
the noncompliance continuing for three consecutive months without the
sanctioned participant reestablishing compliance. Progression to the next
sanction level shall be effective in the fourth month.
(iv) A first or second level sanction is
considered to be cured upon full cooperation by the sanctioned participant or a
sanction shall be reversed based on a hearing decision when the sanction
imposed is determined to be invalid.
(b) NMW:
(i)
A benefit group is subject to a payment sanction when a participant in the
benefit group fails to cooperate with the NMW requirements absent a finding of
good cause.
(ii) In a two-parent
benefit group, each mandatory benefit group member that fails to cooperate with
the NMW requirements is subject to a sanction that affects the benefit group's
sanction level and payment.
(iii) A
participant shall not be sanctioned for more than one NMW requirement element
at one time. A participant may be sanctioned for the same or a different NMW
requirement element only after the original sanction element is cured or
reversed. A first or second level sanction may be cured upon full cooperation
by the sanction participant and a sanction shall be reversed based on a hearing
decision when the sanction imposed is determined to be invalid.
(iv) A participant with limited participation
status may not be sanctioned for failure to meet hours or failure to provide a
time sheet as identified on the approved work participation
agreement.
(v) An occurrence of
non-cooperation shall be applied when a sanction progresses to the next
sanction level as a result of the noncompliance continuing for three
consecutive months without the sanctioned participant reestablishing
compliance. Progression to the next sanction level shall be effective in the
fourth month.
(3) Cumulative sanctions:
(a) Non-cooperation sanctions are cumulative
within the benefit group and shall occur when:
(i) the participant fails to comply with the
NMW and child support enforcement requirements;
(ii) more than one participant in the benefit
group have failed to comply with either the NMW or child support enforcement
requirement.
(b)
Cumulative sanctions, whether or not cured, shall remain the property of that
benefit group participant who caused the sanction.
(i) A participant with a sanction who leaves
a benefit group relieves the benefit group of that participant's sanction
status.
(ii) A participant with a
sanction who joins another benefit group subjects the new benefit group to any
sanction or sanction level that has not been cured prior to joining the benefit
group.
(c) The benefit
group's cumulative sanctions and benefit level shall be reevaluated when a
sanction is cured or reversed.
(4) Progressive sanctions:
(a) Non-cooperation sanctions are progressive
to both the participant and to the benefit group and shall progress to the next
level for the benefit group in which the sanctioned participant resides when:
(i) a participant fails to establish
compliance in three-month increments; or
(ii) a participant fails to comply with NMW
or CSSD requirements as a separate occurrence.
(b) A sanction that is not cured for three
consecutive months shall progress until compliance is established by the
participant.
(c) A participant's
compliance cannot reverse the sanction level attributed to the benefit group.
Any subsequent sanction is imposed at the next higher level, unless reversed by
a hearing decision.
B. The conciliation process:
(1) When conciliation is available:
Conciliation shall be available to a participant or applicant once during an
occurrence of assistance. There must be a period of at least 12 months between
occurrences of cash assistance in order for a conciliation to be available
again to the benefit group. NMW conciliation and child support conciliation are
independent and are counted separately from each other.
(2) Determining that noncompliance has
occurred:
(a) The determination of
noncompliance with child support shall be made by CSSD. The conciliation and
sanctioning process for child support noncompliance is initiated upon receipt
of notice from CSSD that the participant or applicant has failed to cooperate.
Under 8.102.420 NMAC, the non-cooperative participant or applicant shall be
individually disqualified from participation in the benefit group.
(b) The determination of noncompliance with
NMW requirements shall be made by the caseworker. A finding of noncompliance
shall be made if:
(i) the participant has not
completed an assessment;
(ii) the
participant fails or refuses to complete an IRP;
(iii) the participant fails or refuses to
submit an approvable WPA;
(iv) the
participant fails to submit timely documentation showing completion of required
work hours;
(v) the participant's
monthly attendance report shows fewer than the minimum required hours of
participation and no other allowable hours of activity can be reasonably
attributed by the caseworker towards the monthly participation
requirement.
(3) Initiating conciliation: Within 10 days
of determining that noncompliance exists, the caseworker shall take action to
initiate a conciliation, if the participant's conciliation has not been used. A
conciliation is initiated by the HCA or its designee issuing a conciliation
notice. CSSD shall determine noncompliance and notify the caseworker who shall
initiate the conciliation process.
(4) Conciliation period: Conciliation gives a
participant a 30-calendar day period to correct the current non-compliance for
either a NMW participation or CSSD requirement.
(a) The conciliation process is established
by the HCA, to address the noncompliance, identify good cause for noncompliance
or barriers to compliance and shall occur only once prior to the imposition of
the sanction.
(i) The participant shall have
10 working days from the date a conciliation notice is mailed to contact the
HCA to initiate the conciliation process. A participant who fails to initiate
the conciliation process shall have a notice of adverse action mailed to them
after the 10th working day following the date on which the conciliation notice
is mailed.
(ii) Participants who
begin but do not complete the conciliation process shall be mailed a notice of
adverse action 30 days from the date the original conciliation was initiated.
The benefit group shall be subject to sanction in the month following the month
the notice of adverse action expires.
(b) Non-cooperation with CSSD requirements:
When the participant has initiated the conciliation process, it is the
participant's responsibility to contact CSSD and to comply with requirements or
to request a waiver from CSSD due to good cause. If the caseworker does not
receive confirmation from CSSD within 30 days of issuing the conciliation
notice that the participant is cooperating or has requested a waiver for good
cause in accordance with
8.50.105.14 NMAC; the conciliation
process shall be considered to have failed and the benefit group shall be
subject to payment sanctioning.
(c)
The caseworker shall make the determination whether arrangements have been made
to meet NMW requirements or whether there is good cause for waiving the
cooperation requirements. If arrangements to meet the requirement or to waive
it have not been made by the 30th day following issuance of the conciliation
notice, the conciliation shall be considered to have failed and the participant
is subject to sanctioning.
C. Sanctioning:
(1) Within 10 days of determining that a
participant has failed to meet a NMW requirement, HCA or its designee shall
issue notice of adverse action that the payment shall be reduced. The payment
reduction shall take place with the first payment following expiration of the
notice of adverse action.
(2)
Notice of adverse action shall apply to all NMW and child support noncompliance
sanctions, including those relating to the conciliation process.
(3) A participant who corrects the failure of
compliance with NMW or child support enforcement requirements during the notice
of adverse action 13-day time period shall not have the sanction imposed
against the benefit group or payment amount. The sanction shall not count as a
cumulative or progressive sanction, since the reason for the sanction was
corrected during the time period of the notice of adverse action and prior to a
benefit reduction being imposed. A participant who has failed to meet work
participation hours cannot correct the sanction during the notice of adverse
action time period.
(4) Failure to
comply during the notice of adverse action 13-day time period shall cause the
sanction to become effective for a minimum of one month. If the participant
later complies with the NMW compliance requirements, as determined by the HCA,
the sanction may be removed, so long as the participant has received at least
one month of reduced benefit due to sanction.
(a) A child support enforcement sanction
shall be removed after CSSD notifies the caseworker that the participant is in
compliance with child support enforcement requirements.
(b) A NMW sanction shall be removed after the
caseworker receives verification that the participant has completed an
assessment; or has completed an IRP; or has completed a WPA that indicates the
appropriate number of monthly hours in work activities; or has met NMW
participation hours for at least 30 days; or has good cause to waive work
participation requirements.
D. Sanction levels:
(1) First-level sanction:
(a) The first level sanction for failure to
comply shall result in a sanction of twenty-five percent of the standard of
need. The benefit group shall be given notice of the imposition of the
sanction.
(b) A first level
sanction that is not cured for three consecutive months shall progress to a
second level sanction.
(2) Second-level sanction:
(a) The second level of sanction for failure
to comply shall result in a decrease of fifty percent of the standard of need.
The second level shall be initiated by:
(i)
failure to comply with NMW participation or child support enforcement
requirements for more than three months; or
(ii) a second occurrence of noncompliance
with a NMW or CSSD requirement by a participant; or
(iii) failure of a participant to comply with
both CSSD and NMW participation requirements simultaneously. The group shall be
given concurrent notice of imposition of the second-level sanction.
(b) A second level sanction that
is not cured for three consecutive months shall progress to the third level as
described below.
(3)
Third-level sanction:
(a) The third sanction
level is case closure for a period of not less than six months. The group shall
be given notice of adverse action prior to imposition of the sanction.
(i) Once a participant is sanctioned at the
third level, any subsequent occurrence of failure to comply with NMW or CSSD
requirements shall immediately result in a third level sanction, and case
ineligibility for six months.
(b) TANF applications received
after a six month closure period will be reviewed for eligibility.
(i) Based on eligibility the TANF will be
approved and all mandatory members will be required to meet the NMW compliance
requirements set forth in 8.102.460 NMAC;
(ii) If ISD determines the applicant is still
non-compliant with CSSD, the sanction will remain and the application will be
denied.
E. Sanctions by other states or other
programs: Participants in sanction status for failure to participate in other
programs, such as the food stamp E&T program, or another state's or tribal
TANF program, shall not carry that sanction status into NMW.
F. Sanctions with respect to voluntary
participants: A voluntary participant is not subject to sanction for failure to
participate, but shall be removed from the NMW and lose eligibility for support
services
G. Good cause:
(1) Good cause applies to timely completion
of assessment, IRP, WPA, work participation rates, and cooperation with the
child support services division.
(2) Good cause for failure to meet the NMW
requirements.
(a) Good cause may be considered
to exist for no more than 30 days in the event of:
(i) family death;
(ii) hospitalization;
(iii) major injury to the participant or a
benefit group member for whom the participant has been the primary
caretaker;
(iv) reported domestic
violence;
(v) catastrophic event;
or
(vi) it is shown the HCA did not
provide the participant reasonable assistance to complete the assessment, IRP,
or WPA.
(b) The
participant must meet with the NMW service provider prior to the end of the
30-day period to establish a WPA for the full participation standard beginning
on day 31 or must request a limited work participation status prior to the end
of the 30-day period. The participant may be subject to sanction for failure to
complete a WPA if a new WPA has not been established by day 31.
(i) A participant with good cause for failure
to meet the NMW requirements, who expects the cause of failure to continue for
more than 30 days, must contact the HCA to review the participant's
circumstances.
(ii) Under no
conditions shall good cause be granted for more than 30 days during any given
reporting period.
(3) Good cause shall be considered when the
HCA has failed to submit a notice in accordance with the requirements of
adverse action notices, to the participant or provide available support
services that would adversely affect the participant's ability to timely meet
work participation requirements.
(4) Good cause for refusal to cooperate with
the child support enforcement requirements: In some cases it may be determined
by the CSSD that the TANF/NMW applicant's/recipient' refusal to cooperate is
with good cause in accordance with
8.50.105.14 NMAC. Any person
requesting a good cause exemption to a TANF/ NMW requirement to cooperate must
complete a request for a good cause exemption on a form provided by the CSSD
and provide any documentation requested by CSSD. The request for a good cause
exemption will be reviewed by the CSSD and the requestor will be informed of
the decision in writing. The requestor's failure or refusal to complete the
form or provide the requested documentation will result in an automatic denial
of the request. The HCA may offer assistance to complete the form or obtain the
necessary documentation, as appropriate.
(5) It is the applicant's/recipient's
responsibility to inform the HCA if they are unable to meet the NMW compliance
requirements or CSSD cooperation requirements.
Notes
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