NPT FINANCE DEPT
NEZ PERCE TRIBE AUG 2 7 2019 CONTRACT REVIEW AND RECOMMENDATION CHECKLIST
R OEIVED AFTER 10:00 AM All contracts in which the Nez Perce Tribe is a party must have this form attached and completed prior to presentation to the
NPTEC Chairman for signature.
++++++++++++++++++++++++++++++ ++++++++++++++ +++++++++++++++++ ++
Contract Subject TANF 3 year renewal plan Co ntractorN ame._cA....c.C...c....YF=- - - - - - - - - -
Project & Fund# ....:7....:5_--"'1-'-7--1"-5'-5'-2;c.. _ _ _ _ _ _ _ _ _ _ _ _ Contractor EIN/SS No._1_a2_0_2s_s_92A_3 _
Program Presenting Contract: ...T.::..:A:....:cNc...=F'-- - - - - - - - - - -
Individual Responsible: Consuelo Guillory Phone Ext. 4660---
Does contract require in-kind contribution or a tribal match ? Yes No _x (if yes, how much? $ ----------------------- 1
Are matching funds included in the approve d budget for this fund? Yes No _x (if no, sour ce ----------------------- 1
For contracted work involving federal funds, please initial this line indicating that you have determined that
the contractor is not on the EPLS (Excluded Parties List System) by visiting www.SAM.gov.
GM()#-: / OJ FY 2..5S C Finance Department
Received by Finance 8 J Z J_ ) !J Reviewed By:._-Q--=t-,J_ /3 =--
Review Completed 1)jz7[L+ Changes recommended? Yes -- Nr Changes Recommend_ ,ed .,-:.'.J.,'J1,4J.. bL.J..\'-, '"uK' .;>'..-.._- - - - - - - - - - - - - - - - - - - - - - - - - - -
Received by TERO _
Review Comp leted. _ No
Changes Recommended·- - - - - - - - - --' '-- - - - - - - - - - - - - - - - - - - - - - -
Office of Legal Counsel
Received by OLC <j ·J 7' / Reviewed By: N A / ".".'2":: 'Y-:?>
Review Com pleted .- Changes recommended? Yes V No
Changes Recommended fw6" 4 j (.Ji:nr\')j y<l>vf:·
Changes Made: '\ / U../ 2-ol°t By:. N_A_ -_4-- C_ c;- _
Changes Reviewed: V'-\/ \.'1 By:_ --- - - - - - - - - -
Subcommittee
Presented to Subcommittee------------------ Approved w/no changes Changes Recommended_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Changes Made: By: _
NePerce Tribal Executive Committee
Presented to NPTE C NPTEC Action. _
Approve d w/no changes Changes Recommended,
Changes Made: _By:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Revised: April 2015
NP19-
RESOLUTION
WHEREAS, the Nez Perce Tribe Executive Committee has been empowered to act for
and in behalf of the Nez Perce Tribe, pursuant to the Revised Constitution and By
laws, adopted by the General Council of the Nez Perce Tribe, on May 6, 1961 and
approved by the Acting Commissioner of Indian Affairs on June 27, 1961; and
WHEREAS, the Nez Perce Tribal Executive Committee (NPTEC) is empowered and
has the responsibility to develop and implement policies and procedures
to protect the health and welfare of the Nez Perce Tribe; and
WHEREAS, the Nez Perce Tribal Temporary Assistance to Needy Families (TANF)
Plan has been submitted and approved by the Administration for Children
and Families (ACF) and program implementation began on January 1,
1999 and a renewed Tribal Assistance Plan is required on or before
January 1, 2021; and
WHEREAS, the contents of a Tribal TANF Plan includes all the elements delineated
from Section 412 (b) of Title IV - A of the Act, as amended by P.L. 104-
193, and at 45 CFR Part 286 and covers a three-year period. The Tribal
TANF Plan may also be amended at any time during the three-year period
pursuant to the timeline and process at 45 CFR 286.165; and
WHEREAS, the promotion of employment and training is the primary focus of the
Personal Responsibility and Work Opportunity Reconciliation Act
(PRWORA) Section 407 of title IV-A of the Act, as amended, sets forth
mandatory work requirements for State TANF programs although Tribal
TANF programs will not be subject to the exact same work requirements
as specified in section 407, section 412 (c) of title IV-A of the Act, as
amended, does require minimum work participation requirements to be
established for each Tribal TANF grantee (see 45 CFR 286.80).
NOW, THEREFORE, BE IT RESOLVED, that the NPTEC hereby approves the 2019-
2021 three year TANF Plan to be submitted to the Administration for
Children and Families (ACF) for approval; and
BE IT FINALLY RESOLVED, that the NPTEC Chairman and Secretary are hereby
authorized to sign all documentation, correspondence, expenditures and
reporting requirements and the NPTEC Treasurer is hereby authorized to
disburse funds accordingly.
CERTIFICATION
The foregoing resolution was duly adopted by the Nez Perce Tribal Executive
Committee meeting in Regular Session, September 10, 2019, in the Richard A.
---------------
Halfmoon Council Chambers, Lapwai, Idaho, a quorum of its Members being present
and voting.
BY:
ChanteI Eastman, Secretary
ATTEST:
Shannon F. Wheeler, Chairman
Nez Perce Tribe TANF: Tribal Family Assistance Plan Years 2019- 2021
TABLE OF CONTENTS
1. PURPOSE, MISSION, AND GOALS ................................................................................. 1
2. BASIC ELIGIBLITY ............................................................................................................ 5
3. ELIGIBILITY CRITERIA ................................................................................................ 10
4. FINANCIAL ELIGIBILITY ................................................................................................... 12
5. REQUIREMENTS .............................................................................................................. 16
6. EMPLOYABILITY DEVELOPMENT PLAN ............................................................... 19
7. WORK ACTIVITIES ......................................................................................................... 19
8. TANF ACTIVITIES............................................................................................................ 29
9. PENALITIES/PROCESS FOR NON-REPORTING ...................................................... 30
10. BENEFIT SERVICES ASSISTANCE .............................................................................. 33
11. NOTIFICATION ....................................................................................................................... 36
12. DEFINITIONS .................................................................................................................... 38
13. ABBREIVATIONS ............................................................................................................. 39
Nez Perce Tribe TANF: Tribal Family Assistance Plan Years 2019- 2021
Intentionally Left Blank
II
Nez Perce Tribe TANF: Tribal Family Assistance Plan Years 2019-2021
1. PURPOSE, MISSION, AND GOALS
1.1 Nez Perce Tribe TANF Purpose
The purpose of the Nez Perce Tribe Temporary Assistance to Needy Families (TANF)
Program is to assist eligible families in developing strong values and skills through the
provision and support of education, support services, employment skills training and cash
assistance to participants residing in the approved service area.
Also, for the Non-Needy Caretaker Relative, TANF will assist those families in ensuring
education goals and attendance are met until the child's parents can once again take back the
responsibility of caring for their own children.
The Nez Perce shall provide cash assistance and support services to eligible Nez Perce
families with a child or children, or who are expecting and guardians of children in need of
temporary appropriate aid and services. The TANF Program will provide at risk of welfare
dependency families with job preparation, work and support services to leave the program
and become self-sufficient.
It is the intent of the Nez Perce Tribe TANF Program that assistance shall be provided with
due regard for the preservation of Indian family life. Progress towards the achievement of
program goals will be tracked by identifying specific client barriers and the attainment of
associated short- and long-term milestones. Program management responsibilities are
delegated to the Nez Perce Tribe Social Services Department (hereinafter referred to as the
Department) to ensure compliance with the purposes of TANF.
1.2 Four Purposes of TANF. The Nez Perce Tribe embraces the following four fundamental
purposes of TANF per 45 C.F.R. 260.20:
1.2.1 Provide assistance to needy families so that children may be cared for in their own
home or in homes of relatives;
1.2.2 End the dependence of needy parents by promoting job preparation, work and marriage;
1.2.3 Prevent and reduce the incidence of out-of-wedlock pregnancy; and
1.2.4 Encourage the formation and maintenance of two-parent families.
1.3 Mission, Goals, and Authority
1.3.1 Mission.
The program will assist eligible families and pregnant women in attaining self
sufficiency and assist in providing for the basic needs of the children living with non
needy adult caretaker or relatives.
1.3.2 Goals.
The goals of the Nez Perce Tribe TANF Program is to increase the level of self
sufficiency for its participants. TANF will measure progress and achievement of desired
outcomes by collecting data through the use of the Tribal Automated System (TAS)
computer system that identifies the benefits, counseling, assistance and support
services, etc., that has been provided to eligible families and individuals each month.
Progress will be measured through reports and documented discussions between the
participant and case manager using the Eaglesun Report Management (ERM). Success
will be measured by:
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Nez Perce Tribe TANF: Tribal Family Assistance Plan Years 2019-2021
1.3.2.1 Increasing employability of needy families;
1.3.2.2 Increasing family opportunities for families;
1.3.2.3 Strengthening the family unit;
1.3.2.4 Extending support services for individuals receiving cash assistance;
1.3.2.5 Continue to address TANF Goals 3 and 4 through:
• Provide cash assistance and support services to relative caretakers allowing for
minor children to be reared in a loving, supportive atmosphere, school attendance
and achievement can be monitored and out of school activities can be overseen;
• Assist in developing employment and training opportunities;
• Develop and coordinate with the Nez Perce Tribe Teecukewenees Education
Center for individuals including parents, to complete their high school diploma or
GED. A certified instructor operates this program.
• Refer individuals identifying they have a substance abuse problem to Nimiipuu Health; and
• Collaborate with the State of Idaho, Nez Perce Tribe departments, etc.
• Information exchanged between programs will provide that a family receiving
assistance under the plan may not receive the same services from another state or
Tribal program funded under P.L.104-193, to include Medicaid and food stamp
benefit.
1.3.3 Statutory Authority.
Public Law 104-193, the Personal Responsibility and Work Opportunity Reconciliation
Act 1996 (PRWORA authorizes Indian Tribes to administer and operate their own
Temporary Assistance for Needy Families (TANF) program. (Hereafter referred to as
TANF). The Nez Perce Tribe will administer the Nez Perce Tribe TANF Program.
1.3.4 Title and Scope.
These rules are known and will be cited as the Nez Perce Tribe TANF Policies &
Procedures. These rules provide guidance for implementation of the TANF Program.
1.4 Program Administration. The Nez Perce Tribal Executive Committee will have overall
authority for the TANF program by resolution, NP 98-263. Program management
responsibilities are delegated to the Nez Perce Tribe Social Services Department (hereinafter
referred to as the Department).
1.5 Rule Availability. Copies of these rules are available from the Nez Perce Tribe Social Services, TANF Program, P.O. Box 365, Lapwai, Idaho 83540. This is the agency responsible for delivery of program services
1.6 Confidentiality. The TANF Program will adhere to the Federal Privacy Act, 5 U.S.C. 552 (a) Section. 7(a). No employee shall disclose privileged information about:
• Clients, personnel actions;
• Property acquisitions;
• Tribal financial transactions;
• Policy actions prior to implementation;
• Provisions under the Violence against Women Act;
• Or any other confidential information to unauthorized individuals
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Nez Perce Tribe TANF: Tribal Family Assistance Plan Years 2019-2021
1.7 Information Exchange with States or Tribes. In accordance with the Memorandum of
Agreement/Protocol signed with the State of Idaho or Tribe, The Department will be
authorized for and have access to specific data necessary for the Nez Perce Tribe TANF
Guidelines Revised: 08/01/2004 administration of the TANF program.
The State of Idaho and/or Regional Office will provide each office with a copy of this said
Memorandum of Agreement. Information exchanged between programs will provide that a
family receiving assistance under the plan may not receive the same services from another
state or Tribal program funded under P.L.104-193, to include Medicaid and food stamp
benefit.
Certification that the state will provide Indians with equitable access to assistance. A
certification by the chief executive officer of the State that, during the fiscal year, the State
will provide each member of an Indian tribe, who is domiciled in the State and is not eligible
for assistance under a tribal family assistance plan approved under section 412, with
equitable access to assistance under the State program funded under this part attributable to
funds provided by the Federal Government.
1.8 Coordination with the States and Other Indian Tribes. Coordination with states and other
Indian Tribes shall be conducted specifically for persons relocating to the Nez Perce
Reservation from another TANF service area. The Department shall coordinate with the
states and other Indian Tribes to facilitate other financial support services such as:
• Food Stamp Benefits,
• State and Tribal Child Care Development Fund Block Grant;
• Child Support;
• Medical assistance; or
• Child Welfare Services
1.9 Fiscal Accountability Assurance. For each fiscal year during which the Nez Perce Tribe
receives or expends funds pursuant to a block grant under Section 412 of Title I-Block
Grants for Temporary Assistance for Needy Families, the fiscal accountability provisions of
Section 5(f) (1) of the Indian Self-Determination and Education Assistance Act (25 U.S.C.
450c (f) (1)), relating to the submission of a single agency audit report required by chapter 75
of Title 31, United States Code, applies.
1.10 Data Collection and Reporting. In accordance Under 41l(a)(l)(A) and 412(h) of the Act
each Tribe operating a TANF program must collect on a monthly basis, and report on a
quarterly basis, the Nez Perce Tribe will comply with all statutory and regulatory data
collection and reporting requirements pertaining to the Tribal TANF program.
1.11 Economic Development. To enhance job opportunities/creation for TANF families, to the
extent permitted under the TANF statutes and regulations, the Nez Perce Tribe TANF
Program may be able to assist if funding is available in the development of small businesses
to aid in the employment of TANF families. ACF shall be consulted for guidance prior to any
action being undertaken to ensure that the action is permissible. Some examples may include
carpentry skills development/training, casket making, childcare center, etc.
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Nez Perce Tribe TANF: Tribal Family Assistance Plan Years 2019-2021
1.12 Work Subsidy for Job Development. If funding is available, as provided at 45 CFR 286.10 (b) (2), the TANF Program may provide public or private sector work subsidies to employers
or third parties (i.e. programs, companies, and businesses) in the form of payments to help
cover costs of employee wages, benefits, supervision, and training for the purposes of
providing jobs to TANF participants.
1.12.1 Work Subsidy for On-The-Job Training. If funding is available, the TANF Program
may provide stipends or incentives to participants involved in On-the-Job Training. On
an individual need basis, the program may also provide participants the following:
individual equipment; personal tools; uniforms; or other work-related supplies.
1.13 Youth Development. Under TANF purposes 3 and 4 the TANF program may provide the
following for TANF dependents. The TANF Program may offer TANF dependents
opportunities to engage in positive activities, i.e. character building, life and social skills
development, and positive reinforcement, aimed at teen pregnancy prevention, developing
responsible youth, community involvement and a strong work ethic, including but not limited
to:
• Cultural activities such as tanning, drum making, drumming, dancing, making outfits,
hunting & fishing field trips, educational Field trips to memorials of Native
battlefields, gathering roots and berries or other subsistence foods or items.
• Subsidized employment,
• Education,
• Recreation,
• Community service and
• Job skills training.
• Prevention Activities aimed at preventing negative behaviors and offering positive
learned behavior: Workshops, Wellness Conferences, Drug Abuse awareness,
Alcohol Abuse awareness, Career Awareness, Steps to positive self-esteem, Problem
solving, Relationship responsibilities, Credit card awareness, understanding and
accepting parental responsibilities, strengthening parenting skills, understanding
relationships, budgets, beginning credit counseling, personal etiquette relationship
management, health/nutrition.
This list is not all inclusive, but the allow ability of additional activities will be confirmed by
email with ACF. A stipend may also be provided for successful completion of an
acknowledged program goal, pre-approved by the TANF Program.
Eligibility criteria will be developed for participation in the activities and guidelines, i.e. amounts, form of payment, qualifying conditions, etc. are defined in the Program's Policies and Procedures Manual.
1.14 Family Formation Initiatives. This initiative will be a prevention measure for all enrolled
Nez Perce as a motivator to increase two parent family involvements for support, education,
income, and safety for the family.
The TANF program will offer support and a variety of opportunities for fathers to develop
the skills and competencies required for the workplace and to support fathers to connect
successfully with employers and employment recourses within their communities to develop
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Nez Perce Tribe TANF: Tribal Family Assistance Plan Years 2019-2021
skills that expand occupation exploration into the workforce and skills development
opportunities.
This initiative will encourage the formation and maintenance of:
• Two-parent family support for children,
• Non-custodial father involvement in order to increase self-sufficiency for parents.
• Working cooperatively with the Child Support Enforcement Program.
Employment training may be offered to non-custodial parent(s) and funded by the TANF
program if funds are available.
2. BASIC ELIGIBLITY
2.1 Receipt of Application. Applications for assistance are made to TANF and TAFI personnel.
If needed, other locations may be designated by the Department Director. Following
subsection defines process.
2.1.1 The Nez Perce Tribe TANF Program has 21 days from the date the application is
complete to make a decision regarding the eligibility of a TANF applicant. When there
is a special situation requiring more time to make a decision, the TANF Director may
approve an extension. Documentation of such situations must be retained in the case
file.
2.1.2 The applicant shall be notified in writing and given reasons for an application decision
(approval or denial) being delayed more than 21 days from the date of the application.
2.1.3 Applications shall not be held pending beyond 45 days from the date of application.
Financial assistance will be authorized to begin effective from the date application was
complete and conditions of eligibility are met.
2.2 TANF Program Responsibilities.
2.2.1 The intake staff must:
• Advise the applicant of the TANF eligibility requirements,
• The eligibility determination process, and
• The specific applicant information needed for an eligibility decision to be made.
2.2.2 The Intake staff is responsible for contacting other persons who may be able to help in
establishing eligibility for TANF when the applicant is unable to participate in the
determination of eligibility because of circumstances such as physical or mental
disability, or other such difficulties.
2.2.3 The Intake staff shall carefully explain:
• The Applicant's legal responsibility for reporting fully all facts pertinent to
eligibility,
• The responsibility for reporting changes promptly, and
• The sanctions for failure to report.
• Also, the Intake staff must explain the applicant's legal right to a hearing if the applicant is dissatisfied with the decision that is made on the application.
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Nez Perce Tribe TANF: Tribal Family Assistance Plan Years 2019-2021
2.2.4 The application process will include written statements advising the applicant of their
rights under the Privacy Act (5 U.S.C. 552a) and the applicant's responsibility to report
all changes in circumstances which may affect eligibility for TANF. The applicant will
also be informed in writing of the sanctions for failure to report.
The applicant will receive a written description of the appeal process procedure at the
time of application and the process for appealing sanctions and adverse actions taken by
the Intake (staff).
2.2.5 The applicant should be considered as the primary source of TANF eligibility
information. However, the Intake Staff should verify this information through
documents supplied by the applicant or through collateral sources.
When it is necessary to secure information from other sources, the applicant will be
requested to sign a release of information form which clearly identifies the sources that
will be contacted and the reasons for obtaining information from those sources, e.g.,
current employment and work history.
2.2.6 The Intake Staff shall inform the applicant of each eligibility condition that must be
established, and the information needed to establish eligibility. Assurance shall be given
as to the confidentiality of the information and its use for TANF eligibility and related
(e.g. TERO, ECDP, A&D) purposes.
2.2.7 TANF staff shall provide information and referral and community resources which the
applicant must be encouraged to utilize in resolving particular problems. Case Manager
is responsible for recognizing expressed or implied needs other than the request for
financial assistance. In all cases, the Case Manager shall be required to make home
visits to further assess the applicant's RESIDENCY, needs, and the potential for self
help and self-sufficiency.
2.2.8 The TANF caseworker will refer the applicant to a psycho-social assessment, drug
testing though not required by the TANF program.
2.2.9 TANF caseworker will request from parent(s) current documentation of children
health/wellness.
2.2.10 Review of EDP by TANF caseworker. Each case will undergo an employability
development plan (EDP) that will be reviewed at least every 90 days or whenever there
is an indication of a change of circumstances.
2.3 TANF Eligibility. Eligibility for TANF assistance and services is as established in the
Tribe's approved TANF plan. Only needy families, as defined in the TANF plan, may
receive: (a) any form of federally or State MOE funded "assistance" (as defined in 45 CFR
286.1O); or (b) any benefits or services pursuant to TANF purposes 1 or 2. "Needy" means
financially deprived, according to income and resource (if applicable) criteria established in
the TANF plan by the Tribe to receive the particular "assistance," benefit or service.
The Tribe may use segregated Federal TANF funds to provide services (and related activities) that do not constitute "assistance" (as defined in 45 CFR 286.10) to individuals and family members who are not financially deprived but who need the kind of services that meet TANF purposes 3 or 4. Objective criteria will be established for participation in these programs.
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Nez Perce Tribe TANF: Tribal Family Assistance Plan Years 2019-2021
Unless the State instructs otherwise, the Tribe may also use MOE funds to pay for non
assistance pro-family activities for individuals or family members, regardless of financial
need. The applicant or one of the family members in the applicant's household must be an
enrolled member of the Nez Perce Tribe. The applicant must be the legal guardian of the
children in the applying household to be considered eligible for the TANF Program.
To be eligible for a TANF grant, the applicant must:
• Sign an application;
• Provide verification requested by the Department;
• Negotiate and sign an Employability Development Plan;
• Participate in work activities; and
• Meet all other personal responsibility and financial criteria.
When any applicant adult family member is on strike, the entire family is not eligible. A
stoppage or slowdown of work by employees is considered to be a strike.
2.4 Time Limit. Section 408(a)(7) provides that a State may not use Federal funds to provide
assistance to any family that includes an adult who has received assistance for 60 months
(whether or not consecutive) under any State program funded under title IV-A of the Act, as
amended by P.L. 104- 193. Up to 20% of the caseload may be exempted due to hardship. If
the tribe intends to use this option, the plan must clearly define what will be considered
causes for hardship exemption.
A family may receive TANF benefits for up to 60 cumulative months. The Nez Perce Tribe
will count all prior months of TANF assistance funded provided by any Tribe or State with
TANF block grant funds, except for any month that was exempt or disregarded by statute,
regulation, or under any experimental, pilot, or demonstration project approved under section
1115 of the Act. A month does not count toward the 60-month limitation when any of the
following is true:
2.4.1 The person is a dependent child in a two-parent family and the principal wage earner
dies;
2.4.2 The person was a dependent child, and is now a minor parent who is receiving TANF benefits as a caretaker for their own child;
2.4.3 Revised 11/28/11- A "dependent child" is a child under 18 years of age: or a person
under 19 years of age if the person is a full-time student in a secondary school or
equivalent vocational/technical training, whether the training can be completed by age
19 or not. A dependent child is not a Temporary Assistance applicant themselves. And
all "dependent children" are required to be attending school for them to qualify
2.4.4 Residence Exception to Time Limit. In determining the number of months of TANF
participation, the Department must not count any month the adult lived in Indian
country or an Alaskan Native village during the month that (50%) were Not Employed.
The most reliable data about the month shows fifty percent (50%) or more of the adults
living in Indian country or in the village were not employed.
2.5 Hardship Exemptions. Hardship exemptions will be limited to 20% of the current caseload.
A person may continue to receive Tribal TANF benefits beyond the 60 cumulative month
limit under a Hardship Exemption, if any of the following in subsections is true:
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Nez Perce Tribe TANF: Tribal Family Assistance Plan Years 2019-2021
2.5.1 A member of the family has to care for a family member with a serious health problem;
as verified by a competent medical authority.
2.5.2 Both parents are incapacitated, and one parent has to care for the other incapacitated
parent; as verified by a competent medical authority.
2.5.3 Federal Family Violence Option (FVO). The federal welfare reform law
acknowledges that TANF recipients who are domestic violence victims may not be able
to meet TANF work requirements because of the effects of this violence on their lives.
The federal law allows states to adopt policies and procedures (called the Family
Violence Option) that are meant to protect women in violent partnerships and assure
that they are not treated unfairly in the TANF system. States/Tribes are allowed to give
TANF recipients temporary exemptions from TANF requirements that may cause
domestic violence to escalate, that make it more difficult for them to escape violence, or
that result in unfair sanctions against women who fail to meet requirements due to
domestic violence. The intent of the Family Violence is to protect women and to assist
them in dealing with the violence so that it does not continue to be a barrier to their
leaving welfare and going to work. Optional certification of standards and procedures to
ensure that the State/Tribe will screen for and identify domestic violence. 42 U.S.C. §
602(a)(7).
2.5.3.1 FVO Within the Nez Perce Tribe TANF Program. The Program has established and is enforcing standards and procedures to screen and identify individuals receiving assistance under this part with a history of domestic violence while maintaining the confidentiality of such individuals;
2.5.3.1.1 Victim/Applicant needs to be believed once; once they divulge the abuse, and
they need to know that if corroborating evidence (a restraining order, medical
reports, or police reports) is not available, their personal affidavit of their
abuse is sufficient to qualify for exemptions.
2.5.3.1.2 Refer such individuals to counseling and supportive services; and to overcome fears of disclosure, survivors must be given the opportunity to learn about domestic violence and the FVO in a safe environment with nonjudgmental TANF staff.
2.5.3.1.3 In cases where compliance with such requirements would make it more
difficult for individuals receiving assistance under this part to escape domestic
violence or unfairly penalize such individuals who are or have been
victimized by such violence, or individuals who are at risk of further domestic
violence, the Program can waive, pursuant to a determination of good cause,
other program requirements such as time limits (for so long as necessary) for
individuals receiving assistance; residency requirements; child support
cooperation requirements, and family cap provisions.
2.5.3.1.4 Domestic violence defined for purposes of this paragraph, the term "domestic violence" has the same meaning as the term " battered or subjected to extreme cruelty", as defined in section 608(a)(7)(C)(iii) of this title. Domestic Violence is also defined by the Nez Perce Tribe Law and Order Code.
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Nez Perce Tribe TANF: Tribal Family Assistance Plan Years 2019-2021
2.5.3.1.5 Furthermore: At this time, TANF requirements (time limits, work
requirements, residency requirements, family cap provisions, and/or
cooperation with child support enforcement) can be waived because of current
or past domestic violence. The intent of waiving some or all the requirements
is to make it easier for current victims to escape domestic violence, to avoid
punishing women who have been victimized, and to avoid penalizing those
who are at a further risk of domestic violence (P. L. 104-193, Sec.
402[a][7][iii]). The FVO defines victims as "battered or subject to extreme
cruelty" (P. L. 104-193, Sec. 408[a] [7] [C] [iii]), including real or threatened
physical acts that may result in physical injury, sexual abuse, mental abuse, or
neglect or deprivation of medical care.
2.5.3.2 The TANF domestic violence liaison is responsible for:
2.5.3.2.1 Working with the survivor to create a written service plan with the goal of
helping the applicant attain safety and self-sufficiency. This will also include
education regarding domestic violence to the TANF participant.
2.5.3.2.2 This plan should include the liaison's recommendations and referrals and must
also state which waivers the applicant has been granted and the length of time
the waivers will remain in effect.
2.5.3.2.3 The initial waiver must be for at least 6 months, and the domestic violence
liaison must meet with the domestic violence survivor to re-evaluate the
waivers every 6 months. The domestic violence survivor must meet with
TANF domestic violence liaison in order for the waivers to remain in effect.
2.5.3.3 The TANF participant may disclose at any given time; and not necessarily at
application or renewal. Each TANF applicant will be screened for Domestic Violence
separate from their partner and will for no reason be screened in the presence of
another person.
2.6 Alternative Resources. All TANF Families must apply for any other source of income for
which they are potentially eligible, which includes but not limited to food stamps,
unemployment benefits, child support (if applicable), social security, etc. Failure to do so
may result in ineligibility for TANF.
2.7 Application for Assistance. The application form must be signed by an adult participant,
legal guardian, or representative, if applicant is not able to file under a documented
reasonable cause. The application must be received and dated-stamped by the Department.
2.8 Effective Date. The effective date for calculation of benefits for participants in the TANF
program is the date of eligibility determination. The first monthly benefit will be prorated
from the date of eligibility determination.
2.9 Forms and Scheduled Meetings. The family must complete the application process and
forms and must attend all scheduled meetings unless good cause exists. If a form or
scheduled meeting is missed, it will be rescheduled.
2.10 Concurrent Benefit Prohibited. If an individual is potentially eligible for either TANF,
TAFI or Aid to the Aged, Blind and Disabled, only one program may be chosen.
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Nez Perce Tribe TANF: Tribal Family Assistance Plan Years 2019-2021
2.11 FAMILY SERVICE PLAN . A Family Service Plan {FSP} replaces the Employability
Development Plan (EDP) must be developed and signed by the household adults and all
application requirements must be completed before cash assistance can be provided. The
family must continue to comply with their ongoing EDP requirements to remain eligible.
3. ELIGIBILITY CRITERIA
3.1 Eligible Individuals. Individuals who may be eligible are listed in following subsections.
3.1.1 Minor Child: The term "minor child" means an individual who- (A) has not attained
18 years of age; or (B) has not attained 19 years of age and is a full-time student in a
secondary school (or in the equivalent level of vocational or technical training) and
living with a parent or non-needy adult caretaker relative. The child must also be
attending school, per the Nez Perce Tribe Law & Order Code, Subsection 2-4-22.
3.1.2 Parents: Parents must have legal custody of an eligible natural or adopted child; unless
the Family Violence Option determines otherwise.
3.1.3 Pregnant Woman: A pregnant woman who is an enrolled Nez Perce Tribal member or partner of a Nez Perce enrolled man; and applying as a family unit in her last trimester of pregnancy.
3.1.4 Non-needy Caretaker Relative: An immediate family member who assumes all
responsibility for the child (Ren) residing with them, including financial responsibility.
Included as caretaker relative are grandparents, and great-grandparents/aunts/uncles,
first cousins, stepparents, or self-identify as individuals or family who the tribe
considers to be a relative under traditional beliefs and values.
3.1.5 Joint Custody for the TANF Program.
3.1.5.1 The parent designated in a current court order as the primary caretaker for purposes of public assistance.
3.1.5.2 In making an order of joint physical custody or joint legal custody, the court may
specify one parent as the primary caretaker of the child and one home as the primary
home of the child, for the purposes of determining eligibility for public assistance.
3.1.5.3 When no court order designation exists and only one parent would be eligible for aid, the parent who would be eligible shall be the caretaker relative.
3.1.5.4 When both parents would be eligible, the parents shall designate one parent as the caretaker relative. If the parents cannot reach agreement on the designation of a caretaker relative, the parent who first applied for aid for the child shall be the caretaker relative.
3.1.5.5 Family Violence Option will be noted in instances this cannot safely apply.
3.2 Eligible Family. A family is a group of individuals, which must include a Nez Perce
enrolled Tribal member living in a common residence, whose income and resources are
considered in determining eligibility and grant amount, and who may be included in the
family unit unrelated families living in a common residence are considered separate families.
No individual may be eligible for benefits as a member of more than (1) family in the same
month
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Nez Perce Tribe TANF: Tribal Family Assistance Plan Years 2019-2021
3.3 Non-Needy Caretaker Relative/Child-only Grant. Child Only Cases may be eligible for
"assistance" under the Nez Perce Tribe TANF Plan. Nez Perce Tribal TANF shall define
eligible cases if they meet the following criteria.
3.3.1 A family or individual who is taking care this child is defined in the Tribal TANF Plan
and by the Nez Perce Tribe as the Non-needy Caretaker Relative.
3.3.2 Financial eligibility criteria are based on the child-only and not the family as a whole unit based on the family having adequate resources.
3.3.3 Assistance (TANF grant only) for child-only cases will be limited to the child which is being cared for by the non-needy Caretaker Relative.
3.3.4 Support Service may be provided to the Non-needy Caretaker Relative for the benefit of the child.
3.3.5 The Non needy caretaker relative is exempt from engaging in work activities.
3.4 Married Child Under the Age of 18. A married child under age 18 is no longer considered
a dependent child. The child's subsequent separation, divorce or annulment does not change
that status.
3.5 Unmarried Parent Under the Age of 18. Parents must be18 years of age or married or
emancipated to apply to the Nez Perce Tribe TANF program. The underage unmarried parent
is considered to be a child and shall be the responsibility of his/her parents and not the
financial responsibility of the TANF program, unless good cause can be documented below.
3.6 Good Cause Not to Live with Parents. To receive TANF benefits, a teenage parent must
either live at home with his or her parents, a legal guardian, or other adult relative who is at
least 18 years old, or in an adult-supervised supportive living arrangement. In these
situations, it is the parent, legal guardian, relative, or other adult who is the payee on behalf
of the minor parent and his or her child.
3.6.1 Exemption. A minor parent can claim an exemption from the requirement to live with
an adult if she can provide documentation of one of the following:
3.6.1.1 Neither a parent, legal guardian, nor other adult relative is able to retain or assume
parental control over the minor parent due to physical, emotional, mental, financial,
or other limitations.
3.6.1.2 The minor has no living parent or guardian or their whereabouts are unknown.
3.6.1.3 The parent or guardian of the minor will not let her live in the home due to space,
housing code, or lease limitations.
3.6.1.4 The physical or emotional health or safety of the minor or her child would be jeopardized if they resided with the parent or guardian, as shown by records from
health facilities, school, social service agencies, the police, or the courts.
3.6.1.5 The minor parent's child was conceived as a result of rape or incest committed by someone living in the household.
3.6.1.6 The minor parent and child no longer reside in the home of the parent or legal guardian because of physical or sexual abuse of the minor parent, her child, or any other child in the household or the threat of such abuse.
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3.6.1.7 The parent or guardian lives in another area of the state in which it is not practical for
the minor parent to live because of factors such as attendance at school, a vocational
program, employment, therapy, or substance-abuse treatment.
3.6.1.8 The parent, legal guardian, or adult relative has spent the minor parent's assistance in
an improper manner.
4. FINANCIAL ELIGIBILITY
4.1 Countable Resources. Resources are countable when the family has a legal interest in the
resource and can take action to obtain or dispose of the resource.
Except for vehicles, the fair market value of the resource less all liens, mortgages, or other
encumbrances, is the countable amount of the resource.
4.2 Counting Vehicle Value. The fair market value of vehicle-minus encumbrances-is not
counted.
The fair market value, minus encumbrances, of any additional vehicle, is counted, unless the
vehicle is needed to participate in work activities.
The fair market value, minus encumbrances, of snowmobiles, boats, aircraft or other
recreational vehicles is counted.
The value of one specially equipped vehicle used to transport a disabled family member is
not counted in determining resources.
4.3 Resource Exclusions. The resources listed in following subsections are excluded:
4.3.1 Income Producing American Indian Property held in trust by the United States
Government. Real property that annually produces income consistent with its fair
market value
4.3.2 Equipment Used in a Trade or Business. Equipment used in a trade or business or
reasonably expected to be used within one year from their most recent use.
4.3.3 Contracts. Examples include: mortgage, deed of trust, promissory note, or any other
form of sales contract if the purchase price and income produced are consistent with the
property's fair market value as a shared land or resource owner as an American Indian
where said resource or land is held in trust by the United States Government.
4.3.4 Life Insurance. The cash surrender value of a life insurance policy.
4.3.5 Funeral Agreements. The cash value of an irrevocable funeral agreement.
4.3.6 Individual Indian Money Account. The cash value of an Individual Indian Money Account.
4.3.7 Native American Payment. To the extent authorized, payments or purchases made with payments authorized by law based on the participant's enrollment in a federally recognized tribe.
4.3.8 Child Support Payment. Agreed upon amount pass-through or in-kind child support
payment collected by the Nez Perce Tribe's Child Support Enforcement Program. Pass
through payments of up to $100 will be excluded and not counted as household income.
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Nez Perce Tribe TANF: Tribal Family Assistance Plan Years 2019-2021
4.4 Countable Income. Unearned income includes, but is not limited to following subsection:
4.4.1 Child Support Payments. Child support payments received by the participant if they
have received Child Support Income in the month they are eligible for a TANF Grant
upon application to the TANF program. Child Support payments counted at 100%
minus the $100 pass through.
4.4.2 Contributions. Recurring contributions actually received in cash, such as child support
payments and alimony, are to be considered as income available to meet need.
4.4.3 Land Sale Income. Income derived from sale of land with trust status shall be
considered as income when it becomes available to meet need unless set aside for the
specific purpose of reinvestment in trust land or a primary residence. If such income has
not been reinvested in trust land or a primary residence by the end of one year from the
date it was received, it shall be counted in its entirety as available to meet need.
4.4.4 Income from Sale of Real or Personal Property. Income derived from the sale of real
or personal property, unless otherwise restricted, shall be considered as income
available to meet need, unless proceeds from the sale are reinvested in trust land or a
primary residence within one year in accordance with the provisions of above.
4.4.5 Social Security Benefits. Social Security payments, including SSI and Death Benefits,
shall be considered income available to meet need.
4.4.6 Other Income. Any other income not excluded in the next section.
4.5 Excluded Income. The types of income listed in following subsections are excluded.
4.5.1 Supportive Services: Supportive services payments.
4.5.2 Work Reimbursements: Work-related reimbursements.
4.5.3 Child's Earned Income: Earned income of a dependent child, who is attending school
or on summer vacation.
4.5.4 Loans: Loans with a signed, written repayment agreement.
4.5.5 TANF: Retroactive TANF grant corrections.
4.5.6 Interest Income: Interest posted to a bank account.
4.5.7 Earned Income Tax Credit Payments: Earned Income Tax Credit payments.
4.5.8 Foster Care: Foster care payments.
4.5.9 Adoption Assistance: Adoption assistance payments.
4.5.10 Food Programs: Commodities and food stamps.
4.5.11 Child Nutrition: Child nutrition benefits, i.e., Woman Infant Child (WIC).
4.5.12 Elderly Nutrition: Elderly nutrition benefit received under Title VII, Nutrition
Program for the Elderly, of the Older Americans Act of 1965.
4.5.13 Low Income Energy Assistance: Benefits paid under the Low Income Energy
Assistance Act of 1981.
4.5.14 Home Energy Assistance: Home energy assistance payments under Public Law 100-
203, Section 9101.
4.5.15 Utility Reimbursement Payment: Utility reimbursement payments.
4.5.16 Housing Subsidies: Housing subsidies.
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4.5.17 Housing and Urban Development (HUD) Interest: Interest earned on HUD family
self-sufficiency escrow accounts established by Section 544 of the National Affordable
Housing Act.
4.5.18 Native American Payments: Payments authorized by law made to people of Native
American ancestry.
4.5.19 Educational Income. Educational income, except that Ameri Corps living allowances,
stipends and AmeriCorps Education Award minus attendance costs are earned income.
4.5.20 Work Study Income of Student. College work study income.
4.5.21 VA Educational Assistance. VA Educational Assistance.
4.5.22 Senior Volunteers: Senior volunteers program payments to individual volunteers under
the Domestic Volunteer Services Act of 1979, 42 U.S.C. Sections 4950 to 5085.
4.5.23 Relocation Assistance: Relocation assistance payments received under Title II of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970.
4.5.24 Disaster Relief: Disaster relief assistance paid under the Disaster Relief Act of 1974
and aid provided under any federal statute for a President-declared disaster or
comparable disaster assistance provided by states, local governments and disaster
assistance organizations.
4.5.25 Radiation Exposure Payments: Payments made to persons under the Radiation
Exposure Compensation Act.
4.5.26 Agent Orange: Agent Orange settlement payments.
4.5.27 Subsidized Income: Wages earned through subsidized employment will be excluded.
4.5.28 Self-Employment: Will exclude income for TANF participants who enter into self-
employment ventures during the first year of business start-up, not to exceed 300% of
the poverty level. Supportive services received by the TANF Program will also be
excluded income, such as: fees, licensure, marketing costs, and minimal start-up costs.
4.5.29 Seasonal Fire Fighting: Firefighting income earned up to $2,000.
4.5.30 Temporary Seasonal Employment: Any temporary seasonal employment (i.e.,
flagging, construction, etc.) income earned up to $2,000.
4.6 Determining Eligibility. To determine initial and continuing eligibility, the countable
monthly income that is or will be available to the family is used in the calculation of the
grant.
4.7 Converting Income to a Monthly Amount. Income received more often than once a month
is converted to a monthly amount as listed in following Subsections, if a full month's income
is anticipated. Figures are not rounded when income is converted to a monthly amount.
4.8 Averaging Income. Income may be averaged for participants who receive income from a contract, from self-employment, or any other income that is intended to cover more than one month, if it is expected to continue.
The income is averaged over the number of months it is intended to cover. To be eligible for the TANF program with earned income which is counted at "fifty percent (50%)" the family has to be at or below "six hundred and eighteen dollars ($618)" per month. Non earned income such as social security, counts at a "one hundred percent (100%)" income coming into your household and anything over "three hundred and nine dollars ($309)" will make
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family over income. Unless it is the agreed upon amount pass-through or in-kind child
support payment collected by the Nez Perce Tribe's Child Support Enforcement Program.
Pass through payments of up to "one hundred dollars ($100)" will be excluded and not
counted as household income.
4.9 Calculation of Self-Employment Income. Countable self-employment income is the
difference between the gross receipts and the allowable costs of producing the income, if the
amount is expected to continue. Self-employment income must be calculated by one of the
methods listed in the following subsections.
4.9.1 Self-Employed At Least One Year. For individuals who are self-employed for at least
1 year, income and expenses are averaged over the past 12 months.
4.9.2 Self-Employed Less Than One Year. For individuals who are self-employed for less
than 1 year, income and expenses are averaged over the period of time the business has
been in operation.
4.10 Self-Employment Allowable Expenses. Operating expenses deducted from self
employment income are listed in the following subsections.
4.10.1 Labor. Labor paid to individuals not in the family.
4.10.2 Materials. Materials such as stock, seed and fertilizer.
4.10.3 Rent. Rent on business property.
4.10.4 Interest. Interest paid to purchase income producing property.
4.10.5 Insurance. Insurance paid for business property.
4.10.6 Taxes. Taxes on income producing property.
4.10.7 Business Transportation. Business transportation as defined by the IRS.
4.10.8 Maintenance. Landscape and grounds maintenance
4.10.9 Lodging. Lodging for business related travel.
4.10.10 Meals. Meals for business related travel.
4.10.11 Use of Home. Costs of partial use of home for business.
4.10.12 Legal. Legal fees for business related issues.
4.10.13 Shipping. Shipping for business related costs.
4.10.14 Uniforms. Business related uniforms.
4.10.15 Utilities. Utilities for business property.
4.10.16 Advertising. Business related advertising.
4.11 Self-Employment Non-Allowable Expenses. The following are expenses not allowed to be
deducted from self-employment income.
4.11.1 Payments on the Principal of Real Estate. Payments on the principal of real estate
mortgages on income-producing property.
4.11.2 Purchase of Capital Assets or Durable Goods. Purchases of capital assets, equipment,
machinery, and other durable goods. Payments on the principal ofloans for these items.
4.11.3 Taxes. Federal, state, and local income taxes.
4.11.4 Savings. Monies set aside for future use such as retirement or work-related expenses.
4.11.5 Depreciation. Depreciation for equipment, machinery, or other capital investments.
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4.11.6 Labor paid to a Family Member. Labor paid to a family member.
4.11.7 Loss of Farm Income. Loss of farm income deducted from other income.
4.11.8 Personal Transportation. Personal transportation.
4.11.9 Net Losses. Net losses from previous periods.
4.12 Rental Income from Real Property. If a family member is managing the property 20 hours
or more per week, the rental income minus rental costs is earned income. If a family member
is managing the property less than 20 hours per week, the rental income minus rental costs is
unearned income. Rental costs do not include the principal portion of the mortgage payment,
depreciation or depletion, capital payments, and personal expenses not related to the rental
income.
4.13 Child Living With Parent and Stepparent. When a child lives with a parent and a
stepparent 25% of the stepparent's earned and unearned income, minus child support paid is
unearned income to the family.
4.14 Maximum Grant Amount. The maximum grant is $309.00 and is based on the Idaho State
Payment Standard monthly rate. The first grant payment will be prorated from the date of the
application eligibility determination. In prorating this payment, the eligible grant amount for
the month shall be divided by thirty, then multiplied by the number of eligible days in the
initial payment period, rounding to the nearest whole dollar
4.14.1 Maximum Grant Amount for Families With No Income. The grant amount for
eligible families with no income is the maximum grant minus penalties, if applicable.
4.14.2 Maximum Grant Amount for Families with Earned Income. All earned income is
50% disregarded before it is applied to income eligibility limits. Firefighting income
during the fire season, after the first $2000.00 is disregarded, will be counted at 50%
disregarded earned income.
5. REQUIREMENTS
5.1 Citizenship. Non-citizens of the United States will not be included in TANF grant.
5.2 Social Security Number. The applicant must supply or apply for a social security card and
number.
5.3 Residence. Individuals must live on or near the Nez Perce Reservation; near reservation locations include the cities of Lewiston, Kendrick, Kamiah, Clearwater Valley.
5.4 Duplication of TANF Benefits Not Allowed. Individuals cannot receive TANF benefits
from the Nez Perce Tribe TANF program and another state or Tribal TANF program in the
same month. The Nez Perce Tribe will verify that participants are not receiving assistance
from other Tribal TANF or State TANF programs. The MOA with the State of Idaho will
authorize the Tribe access to specific data necessary to determine duplication of services.
5.5 School Attendance Responsibility. Children under the age of 18 must be attending school,
per the Nez Perce Tribe Law & Order Code, Sect. 2-4-18. Truancy. TANF children must
attend school or the family may be subject to penalty by sanction or terminated from the
program if verified good cause is not shown. TANF children must attend twenty hours per
week at a minimum if working on GED unless good cause is presented by a verified source.
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Any minor who willfully and unjustifiably fails to attend school when the minor is required
to attend may be charged, petitioned and adjudicated with the status offense of being a truant;
TANF participants may receive an incentive for completing the GED program or a
Vocational program.
5.6 Cooperation Responsibility. The plan confirms compliance with CFR 286.75(a) (b) and CFR 286.155. Allowable under 45CFR 286.75 (a) (b) and meet the conditions of 45CFR 286.155 as indicated in section 4.01 TANF Eligibility and the Nez Perce Tribe's Policy and
Procedures for Child Support is under NP 09-119. This resolution approves the policies
under which the Tribes Child Support Program operates.
For a family to be eligible, the participant(s) included in the grant must:
• Pursue and report child support, unless there is good cause per the Family Violence
Provisions.
• Participants must report child support to the Nez Perce Tribe TANF Program and
work with the TANF Specialist for the establishment of paternity when they apply for
TANF benefits.
• Failure or refusal to cooperate with the reporting of child support payments to the Nez
Perce Tribe or establishment of paternity will result in the family being sanctioned,
• And continued non-cooperation will end in denial of eligibility.
5.6.1 Agreement. By signing the application for assistance, the participant agrees to tum over
any support payments and benefits to the Nez Perce Tribe.
5.6.1.1 Child support cooperation exists when: The client is cooperating with the TANF Program to establish paternity or enforce
a child support order for any and all children in the TANF family.
5.6.1.2 A referral for counseling may be given, if: The TANF caseworker believes it will relieve the participant of any impediments
in identifying the non-custodial parent. Through counseling, it is determined that
the participant cannot identify the non-custodial parent, an exemption will be
given to the participant. Documentation must be provided to the TANF Program
from the counselor.
5.6.1.3 The TANF caseworker will determine if the participant is not cooperating with
the assignment and collection of child support and, if necessary, make a
determination of non-cooperation.
5.6.1.4 The TANF caseworker will discuss the non-cooperation with the participant and
determine whether there is good cause for non-cooperation.
5.6.1.5 If the participant does not have good cause for not cooperating, then they will
become ineligible until cooperation is established.
5.6.1.6 The TANF Program will be responsible for the cost incurred for paternity testing.
5.6.2 Good Cause for Non-Cooperation. The participant may claim good cause for not
cooperating with the TANF Program and the CSS to establish paternity or collect child
support. Good cause for non-cooperation exists when:
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5.6.2.1 Cooperation would result in serious emotional or physical harm to the dependent child.
5.6.2.2 Cooperation would result in serious emotional or physical harm to the relative caretaker that would reduce the ability to care for a dependent child.
5.6.2.3 During the regular "90-Day Reviews" process, participation with Child Support
will be re-evaluated
5.6.2.4 One of the following circumstances exists:
5.6.2.4.1 The child was conceived as the result of rape or incest.
5.6.2.4.2 The child was a victim of child sexual abuse or severe emotional or physical
abuse.
5.6.2.4.3 The child was conceived as a result of an alcoholic blackout
5.6.2.4.4 The incident took place over five 5 years ago
5.6.2.4.5 Birth, medical or law enforcement records as evidence of incest, abuse or
rape.
5.6.2.4.6 The TANF Program believes that continuing efforts to obtain support or establish paternity would be detrimental to the dependent child.
5.6.2.5 Evidence of good cause for refusal to cooperate will be presented by the
participant to the TANF Specialist within one (1) month of claim of good cause
by the participant. Evidence for non-cooperation includes: Sworn statements from
other individuals other that the client with personal knowledge of the
circumstances that provide the basis of the good cause claim. Court records or
other legal records or written statements from a public or social welfare agency
5.6.3 Review of Good Cause Request. If good cause for not cooperating with CSS is
claimed but the Department determines there is not good cause, the participant may
appeal the decision and present supporting documents, and must be given the
opportunity to withdraw the application within 90 days or have the case closed
5.6.4 Paternity Not Established Within 12 Months. If the information is provided but
paternity is not established within twelve months from the effective date of the
application or the birth of the child, whichever is later, the TANF Caseworker must
determine if the participant is cooperating with pursuing child support.
5.6.4.1 If the non-custodial parent cannot be located with the minimum information
provided, ask the participant to provide additional information.
5.6.4.2 If the participant currently has no additional information, but shows a continuing
effort to obtain additional information, do not sanction the participant for failure
to cooperate. A participant who contacts the non-custodial parents, friends or
former employers to obtain information on the non-custodial is showing a
continuing effort to obtain additional information.
5.6.4.3 Although the custodial parent would not be sanctioned for failure to cooperate,
the family's grant must be reduced by half if paternity is not established in twelve
months, despite the custodial parent's effort to provide additional information.
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6. FAMILY SERVICE PLAN
Eligibility. The FSP and eligibility are reviewed on an ongoing basis every 3 months.
6.1 Modifications. If the participant cannot meet the required FSP provisions, the
participant shall meet with the TANF caseworker for any revisions, changes, or
modifications. Either the participant or the Department may initiate renegotiation or
modification of the EDP when conditions change
6.2 Non-Compliance. If the participant does not comply with a requirement of the EDP,
without good cause, the penalty specified in the rules addressing the activity is imposed
7. WORK ACTIVITIES
7.1 Applicant Job Search/Work Activities. Before the application can be approved: adult
applicants will be required to engage in job search and/or work activities, unless good cause
is established.
7.2 Applicant Voluntary Quit. The applicant is not eligible for 2 weeks from the date any adult
family member has voluntarily quit the most recent job of 40 or more hours per week without
good cause, from the date the TANF application was complete.
7.3 Work Activities Responsibility. Participants receiving Tribal TANF assistance will be
required to participate in work activities, unless good cause is established as specified in
Subsections 9.10, or the participant is exempted by criteria specified in Subsections 9.05, of
this plan.
All adult applicants are required to participate in work activities at a combined minimum of
20 hours per week, per applicant household. If an assistance Unit does not complete the
required amount of work activity hours per month a cash deduction sanction may be placed
on the monthly TANF grant.
A child between the ages of 16 and 18, who is not attending school, must participate in
assigned work activities.
7.4 Single-Custodial Parent Exemption. A single custodial parent of a child less than 6 years
of age is not required to participate in a work activity if one of the reasons listed in following
Subsection is not available:
7.4.1.1 Reasonable Distance. Appropriate childcare is not available within a reasonable
distance of 30 miles or less from the participant's home or work site.
7.4.1.2 Suitable informal care is in-home providers approved by the Nez ECDP CCDF.
7.4.1.3 Appropriate is childcare facilities and home licensed by the State of Idaho or approved
by the Nez Perce ECDP CCDF.
7.4.1.4 Affordable care is considered childcare which does not exceed the State ofldaho's
childcare rates.
7.5 Exemption Criteria for Work Activities. Conditions and circumstances that may exempt
participants from the TANF work participation requirements defined in following subsection
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7.5.1 Pregnant females who are in their last trimester of pregnancy if a doctor's verification
states that there may be danger to the mother or child, they will be exempt from work
activities, the expectant mother will be required to attend prenatal health class if it
presents no danger to mother or child.
7.5.2 Females during the first (12) months after giving birth to a child are exempt from work
activities, but are not excluded from awareness training such as: parenting class, home
making class, child care, drug and alcohol classes, and other classes that pertain to the
family individual or unit. The mother after giving birth to a child will be required to
attend postnatal and health care classes.
7.5.3 Persons who must do the following to participate in the TANF activities: Travel an unreasonable distance from their home or remain away from their home overnight.
7.5.4 Persons age 60 or over.
7.5.5 Persons determined to be unable to participate in TANF activities due to their
documented individual conditions or circumstances (e.g. care for disabled children,
elder care, etc.).
7.5.6 Males who are required to provide family care during child's first 12 months, but are not excluded from awareness training such as parenting class, home making class, child care, drug and alcohol classes and other classes that pertain to the family individual or unit.
7.5.7 Exceptions to work activity participation will not exceed 25% of the TANF program caseload.
7.6 Work Participation Rates.
Minimum Work Participation Requirements and Time Limits.-The Secretary, with the
participation of Indian tribes, shall establish for each Indian tribe receiving a grant under this
section minimum work participation requirements, appropriate time limits for receipt of
welfare-related services under the grant, and penalties against individuals-
(1) Consistent with the purposes of this section;
(2) Consistent with the economic conditions and resources available to each tribe; and
(3) Similar to comparable provisions in section 407(e).
The Nez Perce Tribe believes that the following participation rates represent realistic and
appropriate standards in light of such factors as a high rate of education/training deficiencies,
high unemployment and slow economy in the area, a substantial long-term unemployment
rate and high under-employment of Native Americans and, specifically , in the TANF
participant population in north central rural Idaho.
The Nez Perce Tribe is the primary employer on the reservation. Entry labor employment includes tribal enterprises near Lapwai, Kamiah and Winchester. With the local decline of natural resource economy such as logging and wood mills, the tribe is the primary market force within the boundaries of the reservation. Off Reservation in Lewiston, Idaho the largest employers include Potlatch Paper Products and ATK Ammunition. Challenges with entering the labor force include lack of child care outside of regular business hours and transportation.
Page20 of40
Nez Perce Tribe TANF: Tribal Family Assistance Plan Years 2019-2021
7.6.1 All Families Participation Rate. Program Year Minimum Participation: FY2019: 37%
The rationale for each of these elements of the proposal needs to be included in the plan.
For a Tribal TANF program, minimum work participation requirements must be
consistent with the purposes of the TANF program; consistent with the economic
conditions and resources available to the Tribe; and similar to comparable provisions of
the Act which apply to States. Thus, the plan needs to explain how the Tribe's proposed
minimum work participation requirements meet these conditions.
Employment and demographics on the Nez Perce Reservation including the five counties:
Nez Perce County
Total population change (2013-2014) Total population (2014) Poverty rate (2014)
Number of jobs (2014)
Annual average wage per job (2013)
0% 40,007
15%
26,087
$38,659
Unemployment rate (November 2015) 3.5% Physician count (per 1,000 population) (2012) 215
Idaho County
Total population change (2013 - 2014) 0% Total population (2014) 16,215
Poverty rate (2014) 16% Number of jobs (2014) 8,164
Annual average wage per job (2013) $35,074 Unemployment rate (November 2015) 5.7%
Physician count (per 1,000 population) (2012) 074
Lewis County Total population change (2013 - 2014)
0%
Total population (2014) 3,838 Poverty rate (2014) 14%
Number of jobs (2014) 2,559 Annual average wage per job (2013) $30,040
Unemployment rate (November 2015) 5.3% Physician count (per 1,000 population) (2012) 0.00
Clearwater County
Total population change (2013 - 2014)
0%
Total population (2014) 8,562
Poverty rate (2014) 17% Number of jobs (2014) 4,443 Annual average wage per job (2013) $35,406
Unemployment rate (November 2015) 8.0% Physician count (per 1,000 population) (2012) 163
Page 21 of40
i
Nez Perce Tribe TANF: Tribal Family Assis tance Plan Years 2019- 2021
Latah County
Total population change (2013 - 2014) 0%
Total population (2014) 38,411
Poverty rate (2014) 20%
Number of jobs (2014) 20,868 Annual average wage per job (2013) $31,174
Unemployment rate (November 2015) 3.5% Physician count (per 1,000 population) (2012) 118
Food security in Idaho and the counties within the Nez Perce Reservation. From Feeding
American Executive Summary.
How do you calculate the dollars needed and the meal costs? Using actual food sales data, The
Nielsen Company created a county-level multiplier to reflect the local cost of food. To develop
the average cost of a meal, we use this multiplier to weight the national average amount spent
on a meal by the food secure - $2.89.
We also use the county-level multiplier to weight the national average of additional money a
food insecure person reports needing per week in order to meet his/her food needs -
$16.82. To calculate the total additional money required to meet food needs in 2014, we
multiply the weekly amount by the number of food insecure people in the selected geography,
then by 52 weeks, and finally by 60% (7/12) - the average portion of the year in which a
food insecure person experiences food insecurity.
National Average Meal Cost: $2.89 Idaho Average Meal Cost: $2.86
Nez Perce County: $3.84 (second highest in the state)
Idaho County: $3.13
Lewis County: $3.03 Clearwater County: $3.05
The poverty rate is the percentage of people living below the poverty level or
"threshold ." Each year, the U.S. Office of Management and Budget establishes a series of
poverty thresholds for different family sizes and ages of household heads . Among
American Indian s on the Nez Perce Reservation in 2010-2014 the poverty rate was 30
percent. 685 people lived in households with an income below the poverty level.
OYe raU poverty rate of American Indians • llez Perce
·. ez Perce Resen ·arion and All l: . . resen ·ations 19 9-2014 40
36 36
3 2
Q. 28
24 ;
20
1979 1989 1999 2010 2011 2012 2013 2014
Y ear
Page 22 of 40
Nez Perce Tribe TANF: Tribal Family Assistance Plan Years 2019- 2021
Among all races on the Nez Perce Reservation in 2010-2014, the poverty rate was 17.1 percent and 3,007 people lived in households with an income below the poverty level.
Cn·era ll po,·erty rate of AU Races a, 1e z Pe rce
Nez Perce Resen ·ation and All U.S. res ervations, 1989-2014 18.0 ---------------
17.3
1989 1999 2010 2011 2012 2013 2014
Year
Poverty Rate: National, State ofl daho, Nez Perce Reservation and Counties on reservation:
American
Indians on
Nez Perce
All Races on
Nez Perce
Reservation
Latah
County
Nez
Perce
County
Clear
Water
County
Lewis
County
Idaho
County
Reservation
15.4 % 15.596 3096 1 7.1% 2096 15 96 17 96 14 96 16 96
In 2010, the real median value of owner-occupied housing for American Indians on the
Nez Perce Reservation was $103,247. In 2010-2014, the real median value of owner
occupied housing on the Nez Perce Reservation was $136,200.
Among American Indians on Nez Perce Reservation in 2010-2014
30.0 percent were under 18.
60.7 percent were 18 to 64 years old.
9.3 percent were 65 or older.
Among all people living on the Nez Perce Reservation in 2010-2014
20.6 percent were under 18. 58.8 percent were 18 to 64 years old. 20.3 percent were 65 or older.
In 2010-2014, the labor force participation rate among American Indians on the Nez
Perce Reservation was 59.3 percent. In 2010-2014, the labor force participation rate
among all people on the Nez Perce Reservation was 50.1 percent.
Tribal and American Indian populations, according to the 2010 U.S. Census, American
Indians in Idaho account for 1.4% ofl daho's population. Idaho counties with the highest
percentage of American Indian populations are Benewah (8.8%), Bingham (7.1%), Nez
Perce (5.9%), Lewis (4.8%), and Owyhee (4.7%).
Portions of these counties contain Indian reservations. The five Indian reservations in Idaho are the Kootenai, Coeur d' Alene, Nez Perce, Fort Hall, and Duck Valley Indian Reservations which belong to the federally recognized Indian tribes in Idaho: the Kootenai, Coeur d'Alene, Nez Perce, and Shoshone-Bannock, Shoshone-Paiute Tribes. In
Page23 of 40
=
Nez Perce Tribe TANF: Tribal Family Assistance Plan Years 2019-2021
2005, Idaho had 10,808 enrolled tribal members and 17,996 people were eligible for
tribal services. Approximately one third of American Indians in Idaho live on
reservations.
Almost 94.7% of Fort Hall tribal members (Shoshone-Bannock) lived on or near the
reservation as of 2005. In comparison, 64% of Coeur d'Alene and 59% of Nez Perce
tribal members lived on or near their respective reservations.
These data come from the US. Census Bureau's American Community Survey. They are
based on averages of data collected in 2010, 2011, 2012, 2013, and 2014. These
estimates cannot be used to say what is going on in any particular year in the period,
only what the average value is over the fall period Some reservations have no data
reported due to their small populations. The Census Bureau defines a housing unit as a
house, an apartment, a mobile home or trailer, a group of rooms, or a single room
occupied as separate living quarters (or if vacant, intended as separate living quarters).
On the Nez Perce Reservation in 2010-2014:
648 housing units were occupied by American Indians, and
57 percent of these units were owner-occupied.
In 2010, the real median value of owner-occupied housing for American Indians on the
Nez Perce Reservation was $103, 24. In 2010-2014, the real median value of owner
occupied housing on the Nez Perce Reservation was $136,200.
Among American Indians on Nez Perce Reservation in 2010-2014
30.0 percent were under 18.
60.7 percent were 18 to 64 years old.
9.3 percent were 65 or older.
Among all people living on the Nez Perce Reservation in 2010-2014
20.6 percent were under 18.
58.8 percent were 18 to 64 years old.
20.3 percent were 65 or older.
In 2010-2014, the labor force participation rate among American Indians on the Nez Perce Reservation was 59.3 percent. In 2010-2014, the labor force participation rate among all people on the Nez Perce Reservation was 50.1 percent.
Among American Indians 25 years and older on the Nez Perce Reservation in 2010-2014 13.8 percent had no high school diploma, compared to 19.2 percent in 2000;
25.7 percent had a high school
diploma or equivalent;
42.9 percent had some college, but not a four-year degree; 17.6 percent had a bachelor's or college degree, compared to 10.4 percent in 2000.
Eclecarioaal attaiameat of ..\aericaa l.ctiaa, 25 ye.us & older •
ez Pef't'e Resen·atioa, 2010-2014
•
school
.S..o.m...e..eoflege. no
• kheloror
Oraduete de9"ee
Page 24 of40
Nez Perce Tribe TANF: Tribal Family Assistance Plan Years 2019-202 l
According to "American Indian Crime in Idaho: Victims, Offenders, and Arrestees,"
(2013) published by the Idaho Statistical Analysis Center, American Indians experience
higher rates of violence than all racial groups in Idaho. The Idaho Crime Victimization
Survey, 2008 (ICVS) found that American Indians were four times more likely than all
Idahoans to be victims in 2008 and nine times more likely to have experienced intimate
partner violence (IPV) within their lifetime. The Crime in the United States (2010)
revealed that violent crime rate on Idaho tribal lands was 2.7 times greater than Idaho's
violent crime rate (Idaho Statistical Analysis Center, (2013).
Analysis of data from Idaho's Incident-Based Reporting System (IIBRS) found that
American Indians experience violence almost one and a half times the rate of violence
against Idahoans, which was largely contributable to their higher rates of physical
assaults. Further IIBRS analysis revealed that American Indians have one and a half
times the rate of overall violent offender rate and almost twice Idaho's overall arrest rate.
In fact, American Indians have higher victimization, offender, and arrest rates for both
sexes and all age groups, except for those 65 and older. Compared to all racial groups in
Idaho, American Indians are more likely to know their violent offender through a current
or prior intimate relationship (Idaho Statistical Analysis Center, 2013).
Compared to all intimate partner violence, American Indian IPV victims are more likely
than all IPV victims to be female, between the ages of 20 and 45, a victim of simple
assault, assaulted with a weapon, injured, victimized in a public or commercial location,
have drugs or alcohol involved, and have an arrest occur. American Indian offenders of
IPV are more likely than all IPV offenders to be between the ages of 15 and 20 and ages
25 to 44. American Indian IPV offenders and victims are less likely than all racial groups
to be older than 45 (Idaho Statistical Analysis Center, 2013).
The following is from the 2014 Idaho Child Fatality Death Review team.
The Idaho Child Death Review Team
(CORT) presents its annual report on
child deaths occurring in Idaho in
2011. The team was formed by the
Governor's Task Force for Children at
Risk, under Executive Order 2012-03
to review deaths to children under the
age of 18 using a comprehensive and
multidisciplinary process. The team is
tasked with identifying information
1011 Oeafhs lu (hildten (Birth I<.> A 18) Occuning In ldahv
6ll
6ll
'9
14
39
,. "' 14
14 14 14
AssaJtt iHomlClde1 s·
41
41
o··
.. 195 195
82
and education that is needed to improve the health and safety of Idaho's children. Their
goal is to identify common links or circumstances in these deaths that may be addressed
to prevent similar tragedies in the future.
The number and causes of death to Idahoans under age 18 varied dramatically by age
group. Among Idaho residents, there were 623 deaths to infants and children between
2009 and 2011. More than one-half (350) of those deaths were to infants (under 1 year of
Page 25 of40
Nez Perce Tribe TANF: Tribal Family Assistance Plan Years 2019- 2021
age). The majority of infant deaths (69 percent) were due to birth defects and conditions
originating in the perinatal period such as birth trauma, short gestation/low birth weight,
maternal conditions and complications during birth. From the 2014 Idaho Child Fatality
Death Review team.
Of the 16 SIDS deaths to Idaho residents in 2011, 14 occurred within the state and were
reviewed by the CDR team. National studies have found that SIDS rates are two to three
time higher among African Americans and American Indians than among whites
(National Center for Child Death Review). While the small number of observations
makes it difficult to draw state level conclusions, disparities by race and ethnicity were
considered by the team. The following figures are shown for comparison and future
study.
Unintentional injuries (accidents) are those that were not planned or inflicted by another
person. Nationally, the leading causes of fatal accidents are motor vehicle collisions,
fires, drowning, falls, and poisoning.
The number of child motor vehicle fatalities
declined sharply in 2008 in Idaho and the U.S.
and has continued to steadily decrease. The
Idaho Department of Transportation cites the
economic recession, higher gas prices (both
resulting in fewer cars on roads) as well as
new funding for safe driving programs as
possible reasons for this decline. The motor
vehicle death rate in Idaho is higher than for
the U.S. overall.
Number of Idaho Accident DNtha to Children (Age<18) by Category. 2011
Firearm. 1 Fals. 1
machinery. 4
There were 39 accident deaths to children occurring in-state in 2011. Nearly one-half of
those deaths were due to motor vehicle accidents. Drowning and boating accidents
accounted for another 9 of these deaths. The 6 accidental suffocation deaths were all to
infants (under 12 months of age) and were discussed in this report's section on
SIDS/SUID.
The team reviewed 6 deaths occurring in Idaho that were the result of an assault. All of these were inflicted to children under the age of 5 years. Of the 6 homicide deaths reviewed, one-half (3) died by abusive head trauma and the other one-half (3) died by firearm shootings.
The National Center for Child Death Review has found that assault deaths most often
occur to children oflow-income, younger parents (under age 30) with emotional or health
problems. Often these factors are interrelated. On a national basis, children under age 5
account for the majority of assault deaths. This research has also shown that fathers and
mothers' male partners are the most common perpetrator of abuse injuries.
Page 26 of40
,.I.
Air et aft ar'ld ,! -. ;-- -
Nez Perce Tribe TANF: Tribal Family Assistance Plan Years 2019- 2021
The National Center for Child
Number of Oeath By A9fl Groo p, Thr,.. -Ye ar Aggregate
2009,2011
()daho R<61 ido nt5)
occurring in Idaho in 2011. All of these were to teens between 15 and 17 years of age. All
except one of the victims were male. Nearly two-thirds of these self-inflicted injuries
were from a firearm. In 2011, Firearm injuries (both intentional and unintentional)
resulted in the deaths of 16 Idaho children. While Idaho's firearm death rate over the past
decade was slightly higher than the national rate, the small number of deaths per year
makes it difficult to draw firm conclusions.
Number of Suicides to Children (< age 1a)
In Idaho by Sox, 2011
NumbeT of Idaho A&-sault Vi ctim&.
By Ag Group , 20'11
lnlanl
(<1 year )
2
7.7 Work Activities Countable for Participation Rates . Tribal TANF participants are required
to participate in work activities. The Nez Perce Tribe has developed four categories of work
activities to fit the needs of the participants. The first category focuses on barriers that
participants may have. The second category covers training and education. The third
category will focus on employment and job retention. The fourth category will be other.
7.7.1 Barriers.
• Counseling- including but not limited to- substance abuse, mental health, domestic violence; chemical dependency treatment
• Family counseling
• Anger management
• Time management
• Parenting skills
• Credit counseling
• Family Resource Centers and household management
Page 27 of 40
I
Death Review reports that
adolescent males are four times 400
more likely to complete suicides 350
than females. They conclude that 300
250
males complete suicide more often 200
Nez Perce Tribe TANF: Tribal Family Assistance Plan Years 2019- 2021
7.7.2 Training and Education.
• High School
• Reading Skills
• Adult Basic Education and GED course work
• Participation in a job readiness program
• Interviewing skills, resume writing, application completion
• Life skills training
• Basic job search skills
• Actual job search and job retention
• Vocational/Technical training & Higher Education (two years or less)-All
clients pursuing tech training or higher education pertaining to employment will
be required to and assisted in completing a Federal Financial Aid Application and
apply through the Nez Perce Tribe Higher Education Department and Nez Perce
Tribal Scholarships for funding.
• Job skills training
• Education related to employment with successful milestones
• Internships
7.7.3 Employment and Job Retention.
• Employment -subsidized work in private sector
• Non-paid tribally approved work experience activities
• Short term work site training to enhance current work, references, and opportunity
to develop specific job skills).
• On-the-job training.
• Job search activities
• Sheltered/Supported work (work site job skills and job readiness couple with
intensive supervision and counseling).
• Self-employment.
• Non-traditional activities such as: Leaming etiquette at the dinner table, dressing
for formal business meeting, grooming for business interviews, awareness of
other cultures customary manners, poise & presence, learning how to
communicate successfully with all types of people in all kinds of situations,
• Traditional activities, for example: hunting, fishing, beadwork, etc.
• Traditional subsistence gathering
• Provides childcare for another TANF recipient engaged in work requirements. If
that individual is a certified childcare provider with a back ground check
completed.
• Teaching cultural activities.
• Other
7.7.4 Other.
• Transportation. Travel can be counted as a work activity when the work activity
site is 30 miles or more from the participant's home.
• Community Service. A TANF program participant will not displace any other
employee.
Page 28 of 40
Nez Perce Tribe TANF: Tribal Family Assistance Plan Years 2019- 2021
7.8 Alcohol/Drug Evaluation Policy. An Alcohol and Drug evaluation is recommended within
six months of participation in the program. The assessment and recommended activities will
be incorporated into the EDP. Random drug tests for participants may be a part of the TANF
program. All TANF "On the Job Trainees" and "TANF Trainees" will be subject to Drug and
Alcohol testing before starting training.
7.9 Psycho-Social Assessment. If the program has services within reasonable distance. Issues
that may be identified include but are not limited to:
• Child abuse/neglect,
• Mental health,
• Family counseling,
• Anger management,
• Batters Intervention Program;
• Self-esteem,
• Self-confidence,
• Problem solving,
• Time management,
• Understanding and accepting parental responsibilities,
• Strengthening parenting skills,
• Understanding relationships,
• Family budgets,
• Credit counseling,
• Personal etiquette
• Relationship management
• Family nutrition,
• Family resource centers and
• Household management.
8. TANF ACTIVITIES
8.1 Documentation and verification by reliable source required for Good Cause Criteria
for Failure to Participate in Assigned Tribal TANF Activities:
8.1.1 Transportation. Good cause will be excused on temporary basis only, until
transportation problem is resolved. If transportation breaks down notify the TANF
program and request assistance with car repair. If Transportation is unavailable because
of participant is not legal to drive or does not own a vehicle transportation will be
provided by the TANF program.
8.1.2 Childcare arrangements. Good cause for non-participation for lack of childcare is
applicable only to a single-parent family and must conform to 45 CFR 286.150.
If childcare becomes unavailable the TANF participant needs to notify the TANF program and request childcare on a temporary basis until permanent child care is established or if child care is unavailable the participant can contact the State Child
Page 29 of40
Nez Perce Tribe TANF: Tribal Family Assistance Plan Years 2019- 2021
Care program and request child care. Or contact the Tribal Wrap around Program for
childcare.
8.1.3 Mental or physical illness.
8.1.4 Schedule conflicts with required court appearances.
8.1.5 Severe weather impedes or prevents travel.
8.1.6 Family circumstances or issues preventing participation as evaluated and approved by
the Director of the TANF Program.
8.2 Documented and verified by reliable source Good Cause Criteria for Failure to Accept
or Maintain Employment because:
8.2.1 The work adversely affects: the person's health. This must be verified by a competent
physician.
8.2.2 The work site violates: Health and Safety standards.
8.2.3 The wage does not meet the minimum wage.
8.2.4 Required hours of work are in excess of what is customary for the job and does not
include normal properly compensated overtime.
8.2.5 The job is vacant due to strike, lockout or other labor dispute.
8.2.6 Joining a union is required and the participant has a religious objection.
8.2.7 The job conflicts with the participant's current union membership.
8.2.8 The job referral or employer is discriminatory.
8.2.9 The person quit a job.
8.3 Applying Penalties for Not Complying with Work Activities. At the beginning of each
month, a participant who does not comply or meet the minimum work activity hours for the
previous month will be given. Notice that the first sanction will begin on that following
month. This will begin the sanction process, as defined below.
9. PENALITIES/PROCESS FOR NON-REPORTING
9.1 Family Reporting Responsibilities. The family must report changes in circumstances to the
Department either verbally or in writing, within 10 calendar days from the date the change
becomes known, unless good cause is established. Determination of the good cause will be
reviewed at TANF program staffing and decided upon at that time.
9.2 Penalty for Failure to Report. When a family member does not report a change in: Income,
Resources or family composition, without good cause, the family is subject to the sanction
listed in following subsections.
9.3 Sanctions.
9.3.1 Grant Reduction. A $25 grant reduction can be imposed by the TANF Caseworker,
when: A participant who has experienced a first level sanction fails to correct the
sanction causing behavior Or when a participant commits a substantial program
violation. When this sanction is imposed, the participant is issued a written reprimand
specifying the reason(s) for the sanction and the corrective action(s) that must be taken
Page 30 of40
Nez Perce Tribe TANF: Tribal Family Assistance Plan Years 2019- 2021
9.3.2
9.3.3
9.03.3.1
9.03.3.2
9.3.4
to end the sanction. This sanction can be imposed for a maximum of 2 months. The
participant can end the sanction at any time during the sanction period by demonstrating
cooperation with TANF program requirements.
Suspension. Participants who fail to correct their first level sanction causing behavior
within 2 months or who commit a flagrant program violation may cause the suspension
of their families' monthly cash grant. Before this action is implemented, The TANF
Specialist will assess its potential impact on the affected family if children are placed at
risk. The sanction may be modified to allow for direct provider payments for basic need
(e.g. shelter, food, and clothing). The maximum duration for this sanction is 2 months.
Participants can end the sanction at any time by demonstrating to the satisfaction of the
TANF Caseworker that they intend to begin, and will continue, cooperating with the
TANF program requirements.
Termination. Participants who have been subject to a suspension sanction for 2 months
and fail to correct the sanction causing behavior(s) or who commit an extreme program
violation(s) may cause the termination of their families' monthly cash grant. The
termination remains in effect for minimum period of 2 months. After the minimum
period of 2 months of termination, the participants may re-apply for the TANF benefits
and services. The participant will be required to comply with the EDP for a period of 14
days, before receiving cash assistance benefits. During this period the families' basic
needs may be met on an emergency basis:
If the children are at risk; or
Upon the recommendation of the TANF Specialist and concurrence of the TANF
Director or if ethical situations exist from the Social Services Manager.
Termination Due to Fraud. In cases where there has been a termination for flagrant
fraud: e.g., collecting TANF benefits from multiple sources, knowingly providing
fraudulent information when participant was receiving SSI or was employed
independently, the TANF program, at the discretion of the TANF Director and Social
Services Manager, may declare the participants ineligible for a period up to 12 months
or declare a lifetime ban from TANF assistance.
9.4 Changes Affecting Eligibility or Grant Amount. If a family reports a change that results in
an increase, the grant will be increased effective the month after the month of the report. If a
family reports a change that results in a decrease, the grant is decreased or ended effective
the first month after advance notice to the family, unless the change does not require advance
notice
9.5 Underpayment. If the Department is at fault for issuing a payment less than the family
should have received, the Department issues a supplemental benefit for the difference.
9.6 Fair Hearing Request. A family may request a fair hearing to contest a department decision
for acceptance/denial; sanctions, suspension and termination listed.The family must make
the request for a fair hearing within 10 days from the date the notification was mailed by the
Department. A claimant may have a hearing on a case decision if any of the following
applies:
9.6.1 The department has not acted on a request or application for TANF within 21 days of
the application.
9.6.2 The department claims that an earlier TANF payment was an overpayment.
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Nez Perce Tribe TANF: Tribal Family Assistance Plan Years 2019- 2021
9.6.3 The participant is protesting the department's decision to deny, reduce or close grant
benefits.
9.7 Hearing Procedure. The following Subsection is the grievance procedure applicants must
follow:
9.7.1 If participant/applicants are dissatisfied with a decision, they must first request an
informal hearing with the Case Manager within 10 days of the date of notice. The
Quality Assurance Specialist (QAS) may participate. The request must be in writing.
9.7.2 If an applicant is dissatisfied with the case manager's decision, they may request a
hearing within ten (10) days with the Quality Assurance Specialist.
9.7.3 The last appeal step is with the TANF Director; and the family may request:
9.7.4 An administrative review may occur with the Nez Perce Tribal Court according to the
Nez Perce Tribal Law and Order Code 2-5, Subsection 2-5-12, and (pp. 156). The
applicant may be represented, at their own cost, at the hearing. The applicant must
request the hearing within 10 days of the decision of the Social Services Manager.
9.7.5 The date of filing the applicant's notice of appeal:
Is the date it is postmarked or the date it is personally delivered to this office. The notice
of appeal must include applicants name, address, and telephone number. It should
clearly identify the decision being appealed. If possible, attach a copy of the decision to
the notice of appeal. The notice and the envelope in which it is mailed should be clearly
labeled "Notice of Appeal." The applicant's notice of appeal must list the name and
address of the interested parties known to the applicant, and the applicant must certify
that they have sent interested parties' copies of the notice. If the applicant is not
represented by an attorney, they may request assistance from this office in the
preparation of their appeal.
9.7.6 If no appeal is filed according to the time frame above, this decision will become final
for the Nez Perce Tribe at the expiration of the appeal period.
9.7.7 No extension of time may be granted for filing a notice of appeal.
9.8 Continuation Pending Hearing Decision. The family may continue to receive assistance
during the hearing process. If the Department receives the request for continued benefits
within 10 days from the date the notification was mailed. Assistance will be continued at the
current month's level while the hearing decision is pending, unless the 60-month limit is
reached---or another change affecting the family's eligibility occurs
9.9 Application of TAFI Penalties to TANF. TAFI disqualifications/sanctions will not apply to
Nez Perce Tribe TANF participants.
9.10 Overpayment. An overpayment is the portion of a monthly TANF payment issued to a family that exceeds the amount for which the family is eligible. The overpayment may result in a sanction established as described above.
9.10.1 Overpayment and Earned Income. If the Sanction is the result of the family's failure to
report earned income, the Department must use 100% of the family's earned income to
calculate the overpayment.
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Nez Perce Tribe TANF: Tribal Family Assistance Plan Years 2019- 2021
9.10.2 Overpayment Collection. The Department must take all reasonable steps to collect an
overpayment. The remaining adult family members are responsible for an overpayment resulting from one member's sanction, regardless of the family's current TANF eligibility.
9.10.3 Notice of Overpayment. The Department must notify the participant when an
overpayment exists. The notice must inform the participant of mandatory recovery, the
right to a hearing, the method for repayment and the need to arrange a repayment
interview.
10. BENEFIT SERVICES ASSISTANCE
10.1 Forms of Benefits. The regulations at 45 CFR 286.10 (a) defines assistance in the following
manner. The term basic assistance includes cash, payments, and vouchers. Other forms of
benefits designed to meet a family's ongoing basic needs are considered assistance when the
adult(s) are not employed:
• Food,
• Clothing,
• Shelter,
• Utilities,
• Household goods,
• Personal care items, and
• general incidental expenses.
• Transportation and child care provided to a family that is not employed (but is
engaged in TANF work activities) are included under assistance.
Support services such a gas vouchers, job training fees, vocational education costs are non
assistance by definition, they are not intended to meet basic ongoing family needs. As
provided in the regulations at 45 CFR 286.10 (a) (1) Revised 3/4/2011. The same
transportation and child care provided to participants who are employed (but eligible for non
assistance support services by definition in plan) are support services. The Nez Perce Tribe
will use State, Federal, County, and other resources that are available to Tribal TANF
participants, before exhausting Tribal resources.
10.2 Support Services. Support Services are an allowable expense determined by case
management for justified job-related, education-related, wellness or participant/family related
need when the participant is in compliance and in good standing, as evidenced by
participation in their individual Plans or other program requirements. All participants
requesting program support services must show evidence of need.
The list of support services is not inclusive and may expend funds on, but not limited to the
following items listed in this subsection:
10.2.1 Mileage Reimbursement. For travel to and from an approved work activity. Mileage
reimbursement will be $0.58 per mile. Participants will be encouraged to use public
transportation.
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10.2.2 Minor Car Repair. Deemed necessary to enhance reliability of vehicle to get TANF
participants to maintain satisfactory progress in work activities, job search and
employment. Minor car repair may be authorized on an as needed basis. Car repair will
be processed through a tribal purchase order payable to the vendor.
10.2.3 Transportation. Bus passes for public transportation, may also include purchase or
repair of bicycles.
10.2.4 Work-related Clothing. Appropriate for work activities; interview clothing. Grooming
or cosmetic costs will be an allowable expense for preparation for labor market entry
through job interviewing or placement in subsidized or unsubsidized employment. The
cost will be processed by a tribal purchase order payable to vendor. Maximum per year
$250.
10.2.5 Meal Assistance. To support the concept of providing two nourishing meals per day for
TANF participants engaged in a work activity located within an unreasonable distance
from their home.
10.2.6 Liability Insurance. May be provided if the TANF participant is in non-compliance
with state law requiring liability coverage during a period where private vehicle is
utilized to maintain satisfactory progress with an employment education, training or
employment activity. The Nez Perce Tribe TANF program will allocate funds for the
first six months to start- up a liability insurance plan with check payable to insurance
carrier submitting lowest bid/quote for services. To be determined by actual cost from
Insurance company.
10.2.7 TANF Participant Volunteering Services. At a job site, may be given a monthly
incentive, based on the number of hours worked multiplied by minimum wage. This
incentive will be in the form of a tribal purchase order, payable to the vendor of their
choice, to purchase household goods, clothing, and hygiene supplies. Maximum per
client of $500.
10.2.8 Reinstatement Fees. Will be provided on a one-time basis if the TANF participant is
eligible for reinstatement based on a misdemeanor offense (e.g. 1st/2nd DUI/DWP),
lack of liability insurance for the purposes of removing a barrier to employment
and/or training- Fee is payable to the vendor and determined by the vendor.
10.2.9 Education Attainment Incentives. For successful documented completion of an approved diploma, certificate, degree outlined in their Plan-not to exceed $1,500 in a year.
10.2.10 Fees to Purchase Required Identification. To comply with 1-9 certification based on Immigration Control Act of 1986. Fees payable to the vendor will be processed for state identification and driver's license, or birth certificate when necessary to remove a barrier to employment and/or training, or to qualify for TANF or other forms of Public Benefits-Amount to be determined by vendor.
10.2.11 Tools and Equipment. Necessary for work activities. Purchases not to exceed $750 will be made payable to the vendor with the lowest bid price for items required in the workplace.
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10.2.12 Fees for Licensure and Certification. Including state, federal and local licensure or
certification. Also assist with some marketing costs and minimal start- up costs for self
employment that are reasonable and necessary to start a business (will be reviewed by
the TANF Program for appropriateness).
10.2.13 Required Union Fees. Not to exceed 1/3 of the cost of initiation due and first month
dues (payable prior to first full paycheck).
10.2.14 Relocation Expenses for Employment. Will be an allowable expense to cover the cost
associated with rental to haul household goods, gasoline, meals, lodging to end route. A
stipend based on need for basic needs, e.g. rental deposit, food, utility hook- up, until
first paycheck for permanent or full-time employment-not to exceed $1,000.
10.2.15 Rent. May be an allowable expense if the following situations apply: the TANF family
becomes homeless, to move into a safe home and pay appropriate housing costs for
their children. The TANF family has need for rent/deposit assistance in cases of
emergency such as domestic violence which can be used once per year-not to exceed
$1,500 per year.
10.2.16 Medical Exams. If not covered by Medicaid or Nimiipuu Health and required for work
activities--costs determined by vendor.
10.2.17 Substance Abuse and Mental Health. Counseling (if not otherwise covered by other
resources). In-patient or outpatient to be determined by need--costs determined by
vendor.
10.2.18 Eyeglasses. If not covered by Medicaid or Nimiipuu Health in a reasonable amount of
time--costs determined by need.
10.2.19 Work Experience Stipend. An incentive may be provided to a TANF participant for
successful completion of an approved work experience-not to exceed $500.
10.2.20 School Clothing. May be available to TANF Children in the form of Purchase Order to
local vendors that work with the NPT TANF Program-not to exceed $300.
10.2.21 Child Only Grant. When a Case Worker identifies that family reunification is desired
and deemed reasonable by Nez Perce Children's Protection Services and/or Tribal
courts, TANF funds can be allocated for employment services for either parent to
facilitate child being returned to birth parent(s).
10.3 Diversion Services. If funds are available, this service may be available for Nez Perce Tribal
families who:
• Do not need basic job skills, or other supportive services.
• Have been employed for at least 45 days,
• Are at risk of losing their employment and
• Are strongly considering going on TANF.
• This service may be used up to but not more than three times a year. Payments must
be intermittent and not recurring in consecutive months,
• Household income must not exceed 200% of the current Federal Poverty Level
income guidelines.
• Applicants must provide documentation of need and evidence of how this service will
assist him/her in retaining employment or prevent job loss.
• There will be a $1500.00 limit per year/per family.
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• These services will not pay traffic fines, bills incurred prior to employment or cost
incurred from illegal activities.
In order to receive this service, a person must complete a Diversion Service Application
Form. The Diversion assistance service will be a preventive measure to aid in maintaining
existing employment income of Nez Perce Tribal families.
10.4 Non-recurring Short-Term Benefits. Nonrecurring Short-term Benefits are in essence
"emergency assistance" provided to current TANF recipients. As defined at 45 CFR 286.10
(b)(l) Nonrecurring Short-term Benefits must meet three basic criteria:
10.4.1 Designed to deal with a specific crisis situation or episode of need,
10.4.2 Are not intended to meet recurrent or ongoing needs,
10.4.3 Will not extend beyond four months.
These benefits are specifically excluded from the definition of "assistance" as provided at 45
CFR 286.10 (a) and are considered/ reported as support services.
This "emergency assistance" can be provided to TANF participants to meet extraordinary
needs in addition to any monthly assistance and support services received, without affecting
their income and resource level and eligibility status.
10.5 Transitional Support Services. Tribal TANF participants may be eligible for support
services payments for up to 365 days after they become employed. And are not eligible for
the TANF cash grant due to excess income (e.g. income that exceeds the Tribal TANF
eligibility standards). Job Retention Incentives may be provided for individuals transitioning
from a cash grant benefit who are able to maintain employment (and provide verification) at
the following intervals: Upon reported and verified employment - "six (6)" months $500;
and "twelve (12)" months - $1,000. This incentive is given in voucher form to a local retailer
of their choice. Incentives may NOT be used to purchase ALCOHOL, TOBACCO,
FIREARMS. Job Incentives will be allowed only once upon verified employment, unless
good cause for failure to retain employment is established
10.6 Child Care. Families are eligible for the Idaho Child Care Program, IDAPA 16.06.12, if
child care is needed for a parent or caretaker relative to participate in Employability
Development Plan activities. They are also eligible for the Nez Perce Tribe Child Care
Development Fund; if eligible for both, the participant has right of choice. Child care is
available for training offered by TANF.
11. NOTIFICATION
11.1 Department Notification Responsibility. Written notices must be provided to a family
whenever eligibility or the grant amount changes. The notification must state the effective date and the reason for the action, the rule that supports the action, and the family's appeal rights.
11.2 Advance Notification Responsibility. Whenever a reported change results in a grant closure or decrease, the Department must provide written notification at least 10 calendar days before the effective date of the action
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11.3 Advance Notification Not Required. Notification must be provided by the date of the
action, but advance notification is not required when a condition listed in following
Subsection exists:
11.3.1 Family Requests. The family requests closure of the grant in writing.
11.3.2 Family Member(s) in Institution. A family member is admitted or committed to an
institution.
11.3.3 Family's Address Unknown. The family's whereabouts are unknown and Department
mail is returned showing no known forwarding address.
11.3.4 TANF Received in another State. A family member is receiving TANF in another state
11.3.5 Child Removed. A child family member is removed from the home due to a judicial
determination.
11.3.6 Intentional Program Violation (IPV). An IPV disqualification begins the first month after
the month the member receives written notice of disqualification
11.3.7 Failure to report changes in Family circumstances such as:
• Income;
• Resources; or
• Family composition
11.4 Temporary Absence. Eligible individuals may be temporarily absent from the home for a
reasonable period not to exceed 30 days but will not be included in grant.
11.5 Notification Requirement. The Department will notify the household, in writing, of the
approval or denial of the application and the right of appeal, if applicable, within 21 days of
received application.
11.6 Retrocession. If the Nez Perce Tribe ever needs to retrocede the program, they will comply
with all applicable TANF regulations and related laws as specified in 45 CFR 286.30
11.7 Fiscal Accountability. For each fiscal year during which the Nez Perce Tribal TANF
Program receives or expends funds pursuant to a block grant under Section 412 of Title 1 -
Block Grants for Temporary Assistance for Needy Families, the fiscal accountability
provisions of Section 4(f)(1) of the Indian Self-determination and Education Assistance Act
(25 U.S.C.450C9(f)(l), relating to the submission of a single agency audit report required by
chapter 75 of Title 31, United States Code, applies. 45 CFR 286.75(h)
11.8 Data Collection & Reporting. Nez Perce Tribe will comply with all statutory and regulatory
data collection and reporting requirements pertinent to the TANF Program 45 CFR 286.245
11.9 45-Day Comment Period. The Nez Perce Tribe held a 45-day comment period from
September 1 thru November 1, 2019 in accordance with 45CFR286.75(a)(6). All comments
were evaluated and reflect when appropriate in this plan
11.10 Employment Safeguards. A TANF participant cannot take a job which will displace another
employee. If this happens, notice is to be made to the TANF Program Manager, who will
evaluate the situation and take the appropriate corrective action. See 45 CFR 286.100.
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12. DEFINITIONS
12.1 Assistance. Cash, payments, vouchers, and other forms of benefits designed to meet a
family's ongoing basic needs (i.e. for food, clothing, shelter, utilities, household goods,
personal care items, and general incidental expenses) given to TANF participants. Payment
for childcare and transportation for families who are unemployed is also Assistance.
12.2 Applicant. An individual, representing their family, who applies for Temporary Assistance for
Needy Families,
12.3 Case Management. Activity of Specialist in assessing the client - problems, case planning,
coordinating and linking services for clients, monitor service provisions, client progress,
advocacy, tracking and evaluating services and may include resource development and
providing other direct services.
12.4 Case Manager. Works directly with participants in assessing, assisting, and addressing the
needs of the family.
12.5 Department. The Nez Perce Tribe Social Services Department.
12.6 Earned Income. Earned Income is the money amount or in-kind benefit received by an
individual as a result of performing services; it is income an individual earns as a result of
his/her own efforts. Earned income may come from employment, business, property
management, retirement, free housing and utilities, and other sources, which is actually
available to meet essential need. Earned income is gross earnings before deductions for taxes
or any other expenses. In-kind income means goods or services which are provided in lieu of
money for services rendered. In-kind payments for child support shall be documented based
on the value established by the child support program for purposes of determining monthly
support but shall be passed through to the families and not deducted against monthly eligibility.
12.7 Unearned Income. Income received from sources other than employment or self-employment, such as Social Security, unemployment insurance, and worker' compensation. Child support financial payments will be reported as an approved dollar amount pass through payment directly to the families.
12.8 Family Service Plan (FSP). An outline of activities the Participant and the Department will
complete towards achieving the goal of the family obtaining self-sufficiency, identifying the
expectations a family must meet to continue to receive TANF, and identifying the resources
available to support the participant's self-reliance plan.
12.9 Good Cause. The conduct of a reasonably prudent person in the same or similar circumstances, unless otherwise defined in these rules.
12.10 TANF Immediate Family Member. An immediate family member is considered one of the following, as related to the child: Mother, Father, Sister, Brother, Son or Daughter, Grandmother, Grandfather, Uncle, or Aunt.
12.11 Child only grant. TANF grant for child only is to benefit the child, encourage involvement with school activities, education.
12.12 Non-Needy Caretaker Relative. Relative as defined in 5.01 who has legal or voluntary custody of children. Non-needy is defined as a family that is not eligible to be on TANF because of income.
12.13 Parent. The mother or father of the dependent children.
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12.14 TANF Participant. An individual who has signed an Employability Development Plan and
who has agreed by signing contract to maintain the compliance of the TANF program.
12.15 Transitional Family. A TANF family who is transitioning from the program to employment
12.16 Pending. Temporarily not active TANF family.
12.17 Prevention Activities. Activities that include TANF participants, community, schools, family
and children.
12.18 Support Service. Support Service is a service in addition to cash assistance.
12.19 Work Experience. experience received with hands on activities from verified employers or
trainers.
12.20 Reasonable Distance. 30 miles or less one way.
12.21 Needy. To be eligible for the TANF program with earned income which is counted at "fifty
percent (50%)" the family has to be at or below "six hundred and eighteen dollars ($618)" per
month.
12.22 Family. Custodial parent and at least one child of 18 or younger and or (a child 19 or if that
child is still in high school).
12.23 Tribal Family. A Nez Perce enrolled tribal member living in a common residence whose
income and resources are considered in determining eligibility and grant amount.
12.24 Family. Custodial parent and at least one child of 18 or younger and or (a child 19 or if that
child is still in high school).
12.25 Tribal Family. A Nez Perce Enrolled Tribal member living in a common residence, whose
income and resources are considered in determining eligibility and grant amount, and who may
be included in the family unit.
13. ABBREIVATIONS
13.1 AABD. Aid to the Aged, Blind and Disabled
13.2 ACF. Administration for Children and Families
13.3 CPS. Child Protection Services
13.4 CSS. Child Support Services
13.5 DAP. Drug & Alcohol Program
13.6 ECA. Extended Cash Assistance
13.7 ECDP. Early Childhood Development Program
13.8 EDP. Employability Development Plan
13.9 EITC. Earned Income Tax Credit
13.10 FVO. Family Violence Option
13.11 HUD. The U.S. Department of Housing and Urban Development.
13.12 ICWA. Indian Child Welfare Act.
13.13 MOE. Maintenance of Efforts
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13.14 NPTEC. Nez Perce Tribal Executive Committee
13.15 NPT CSEP. Nez Perce Tribe Child Support Enforcement Program
13.16 OJT. On-the-Job Training
13.17 RSDI. Retirement, Survivors, and Disability Insurance
13.18 SSN. Social Security Number
13.19 SSI. Supplemental Security Income
13.20 TAFI. Temporary Assistance for Families in Idaho
13.21 TANF. Temporary Assistance to Needy Families
13.22 TERO. Tribal Employment Rights Office
13.23 VA. Veterans Administration
13.24 WEX. Work Experience
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