PRINCIPLES GUIDING THE REAUTHORIZATION OF TANF

For additional information, please contact:

Paul Marchand (202) 785-3388
David Auxter (202) 783-0146
Laurel Stine (202) 467-5730

PRINCIPLES GUIDING

THE REAUTHORIZATION OF TANF

Foundation Statement

1. TANF must be consistent with the principles and goals of national disability policy as articulated in the Americans with Disabilities Act (ADA)--

Equality of opportunity (i.e., individualization, genuine, effective, and meaningful opportunity, and administration of the program in the most integrated setting appropriate);
Full participation in decision making (self determination and empowerment by individuals with disabilities and their representatives at the individual and policy level);
Independent living (legitimate outcome, skills development, and ongoing services, supports, treatment and cash assistance); and
Economic stability (legitimate outcome, employment-related services, real pay of real work, cash assistance and work incentives).

The ADA and Section 504 of the Rehabilitation Act are specifically incorporated by reference in TANF.

2. Modifications to TANF must reflect research. According to research and studies, families that include an adult or child with a disability comprise a substantial proportion of the families remaining on TANF cash assistance. While some families have exited TANF and entered the workforce, others remain on the caseload without access to the assistance they require to be successful. Alarmingly, studies confirm that adults with disabilities are disproportionately represented among the former TANF recipients who have lost assistance due to a sanction.

Assessments, Services and Supports
1. Appropriate screening and comprehensive assessments must be provided by state and local agencies in order to make accurate and thorough decisions about the needs for services, supports and program modifications. Assessments may be particularly helpful to identify those TANF recipients who have never been diagnosed as having a disability and TANF recipients who might be eligible for Supplemental Security Income and Social Security Disability Insurance.

2. Services, supports and treatment under TANF funded programs shall be provided in accordance with the abilities and capabilities of the individual and the needs of the family, including a parent who has a child with a disability. States must modify program requirements to accommodate persons with disabilities and must commit resources, effort, and time necessary to enable individuals with disabilities to meet those requirements.

3. Services, supports and treatment must address the multiplicity of barriers facing persons with disabilities, including the lack of appropriate and affordable health care and substance abuse treatment, child care, education, assistive technology, accessible transportation, accessible housing and ongoing employment supports.

4. The need for services, supports and treatment must be based on facts and objective evidence. In addition, individualized plans must be developed that reflect identified needs as determined by the individual, their representatives and qualified personnel.

5. States should be required to offer screening and assessment to individuals and to explain fully the advantages of participation (e.g. availability of reasonable modifications in policies and requirements) and the disadvantages of not participating (e.g. work requirements, time limits and other requirements will be imposed without modifications and, if the individual cannot comply, may lead to sanction or case closure), but an individual must be free to decline to participate.

Work Requirements, Time Limits and Sanctions

1. TANF policies, practices, and procedures must address and accommodate the impacts and variations in types and severity of disabilities have on work and support needs, including the reality that for some persons with disabilities, the ability to work varies over time because of the episodic nature of disability. In addition, it must be recognized that some individuals with disabilities, with appropriate services, supports and treatment:

Can meet the work participation requirements;
Are capable of meeting the work participation requirements but not within the state and federal timeframes or not given the nature of the services, supports and treatment the state is willing to provide;
Are capable for working but only on a part time or limited basis that may not meet the work participation requirements;
Are incapable of meeting the work participation requirements.

2. Work participation should reflect the following policies:

If a person is doing the best he or she can, whatever tasks the individual is doing should be counted;
If a person and a state agree to what is appropriate for the individual, it should be counted;
Persons should have the opportunity to participate at levels consistent with their abilities, capabilities and family needs.

3. An individual should not be subject to sanctions or case closure if the person's alleged non compliance or behavior is a manifestation of his or her disability, is related to the state's failure to offer screening and comprehensive assessments, or to provide necessary individualized services, supports and treatments.

4. In calculating time limits, States should be required to disregard months of assistance received by an individual with significant barriers to employment during any period in which the state did not provide necessary services, supports and treatments or reasonable modifications to the individual or the individual is unable to meet the full work requirements because of the nature or severity of his or her disability or the failure of the system to provide reasonable modifications.

State and Federal Systemic Changes

1. State and local agencies must use relevant, qualified personnel to conduct screening, assessments and eligibility determinations. Further, service providers with whom public agencies contract to provide services and supports must use qualified personnel who can ensure that the services and supports meet the unique needs of persons with disabilities.

2. Services and supports may be provided directly by the state or local welfare agency or through contract or arrangement with other public and private agencies. Whether or not TANF agencies contract out services, they remain responsible for ensuring that persons with disabilities receive services, supports, treatment and modifications they need.

3. To ensure consistency among job-training programs in a state, employment-related services and supports provided under TANF should be subject to the same plans (methods of administration) for complying with civil rights requirements as other job training programs such as programs under the Workforce Investment Act.

4. TANF must ensure meaningful input for persons with disabilities and their representatives and other stakeholders with respect to the design, implementation, and evaluation of TANF programs.

5. Persons with disabilities applying for or receiving services under TANF should have assistance available (e.g., client assistance programs) to ensure that they understand and can exercise their rights and fulfill their responsibilities.

6. Systems for collecting data should enable agencies and other stakeholders to ascertain the extent to which public agencies are meeting the needs of persons with disabilities.

7. The Federal government should support state initiatives to achieve systemic improvements in the capacity of programs to address the unique needs of persons with disabilities (e.g., collaboration among agencies, identification of available funding sources, model screening and assessment instruments and procedures, and personnel preparation).

8. The Federal government should maintain a strong and effective program to monitor and enforce civil rights laws, including the ADA and Section 504, in state TANF programs.

9. The federal government must provide sufficient funds to support state efforts under TANF, including cost of living increases.

3/14/02

American Association on Mental Retardation
Massachusetts Law Reform Institute
National Association of Social Workers
The Arc of the United States