(1) Personal
Responsibility Plans Required for Eligibility.
(a) As a condition of eligibility for the
entire AU, the caretaker (both parents in a two (2) parent AU) who applies for
or receives Families First/TANF must sign a Personal Responsibility Plan (PRP).
Signing the PRP indicates an intent to comply with the requirements of the
plan. The PRP is developed by the Department in consultation with the caretaker
relative and:
(b) Requires that all
caretakers (both parents in a two (2) parent AU):
1. Agree to cooperate with child support
enforcement activities;
2. Assure
that the children in the AU receive regular immunizations and health
checks;
3. Agree to participate in
thirty (30) hours per week of activities as described in
1240-01-49-.03 if not
exempt;
4. Agree not to falsify
work and/or educational activities documentation, such as providing a falsified
employer's statement, attendance, etc. to verify thirty (30) hours per week of
activities;
5. Assure that the
children in the AU attend school, including kindergarten;
6. Agree to attend two (2) or more
parent-teacher conferences within a school year with the child(ren)'s teacher
to review the child(ren)'s status in school if the Department determines that
the need is identified relative to the child(ren) in the AU;
7. Agree to attend a minimum of eight (8)
hours of parenting classes if the Department determines that the need is
identified relative to the child(ren) in the AU;
8. Agree to participate, in such support
services that the child(ren) may require to overcome school, family, or other
barriers that may interfere with the AU's ability to become self-sufficient, as
determined pursuant to the Department's policy; and
9. Agree to proper use of the electronic
benefit transfer card, including agreement not to access public assistance
benefits through an electronic benefit transfer card at:
(i) Any point of sale device or automated
teller machine located in any liquor store, casino, gambling casino, gaming
establishment, or adult cabaret as prohibited under Chapter 1240-01-58;
or
(ii) Any point of sale device
located in any tobacco store as prohibited under Chapter 1240-01-58.
(2) As a
condition of eligibility for him/herself, the minor parent who is a dependent
child in an AU must sign a PRP. Signing the PRP indicates the intent to comply
with the requirements of the plan listed in subparagraph (b), parts 1-8 above.
Subparagraph (b), part 9 above does not apply to a minor parent who is a
dependent child in an AU.
(3) As a
condition of eligibility for the entire AG/AU, the minor parent who is a
caretaker of his/her own AG/AU must sign a Personal Responsibility Plan.
Signing the PRP indicates the intent to comply with the requirements of the
plan. The PRP requirements are the same as those listed in
1240-01-47-.16(1)(a)
above.
(4) The Department or its
designees will provide benefits such as child care and transportation necessary
to assist the individual in complying with the requirements set out in the
Personal Responsibility Plan.
(5)
Failure, without good cause, to comply with the provisions of the PRP shall
result in the following sanctions:
(a) Failure
to comply with the work requirement shall result in a mandatory period of case
closure pursuant to rule
1240-01-49-.04.
(b) Failure to comply with the prohibited
uses of the electronic benefit transfer card as described under Chapter
1240-01-58 shall result in reimbursement of the illegally transferred funds to
the Department and/or prohibition from receipt of temporary cash assistance
benefits by means of direct cash payment or electronic benefit transfer
card.
(c) The following failures
shall each result in a twenty percent (20%) reduction in temporary cash
assistance, not to exceed forty percent (40%) for concurrent violations, until
compliance is met:
1. Failure of one or more
of the children in the AU to comply with the school attendance
requirement.
2. Failure to meet the
immunization and health check requirement for one or more children in the
AU.
3. Failure to comply with the
requirement to attend two (2) or more parent-teacher conferences if the
Department determines that the need is identified for one or more child(ren) in
the AU.
4. Failure to attend a
minimum of eight (8) hours of parenting classes if the Department determines
that the need is identified for one or more child(ren) in the AU.
5. Failure to participate in support services
as provided in paragraph (1)(b)(8) if the Department determines that the need
is identified for one or more child(ren) in the AU.
Notes
Tenn. Comp. R. &
Regs. 1240-01-47-.16
Original
rule filed December 2, 1996; effective February 15, 1997. Public necessity rule
filed July 2, 2007; expired December 14, 2007. Amendment filed October 1, 2007;
effective December 15, 2007. Amendments filed April 2, 2014; effective July 1,
2014. Amendment filed April 2, 2015; effective July 1, 2015. Emergency rule
filed July 1, 2016; effective through December 28, 2016. Amendments filed
September 28, 2016; effective 12/27/2016.
Authority: T.C.A. §§
4-5-201 et seq., 4-5-202, 4-5-209,
71-1-103, 71-1-104, 71-1-105, 73-1-126, 71-3-192, 71-3-103, 71-3-104,
71-3-108(d)(2)(D), 71-3-152, 71-3-153 and 71-3-154; 71-3-158(d)(2)(D);
42 U.S.C. §§
601 et seq.,
42 U.S.C. §
603,
42 U.S.C. §
604(i);
42
U.S.C. § 607(c), (d) and (e);
42 U.S.C. §
608(a)(2), (3) and (12),
42 U.S.C. §
608(b)(3);
42
U.S.C. § 609(a)(14) and
42 U.S.C. §§
654 and 657;
45 C.F.R. §
261.2,
45 C.F.R. §
261.12 and
45
C.F.R. § 261.14; and Public Acts of 1996, Chapter
950, § 1115 of the Social Security Act; Deficit Reduction Act 2005 (
Pub. L.
109-171
§§ 7101 and 7102, February 8,
2006); 71 Federal Register 37454 (June 29, 2006); and Acts 2007, Chapter
31.
