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Home My WebLink About20200960.tiffRESOLUTION RE: APPROVE ADDITION TO SECTION 5.000 GENERAL ASSISTANCE OF THE DEPARTMENT OF HUMAN SERVICES POLICIES AND GUIDELINES MANUAL WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an addition to Section 5.000 General Assistance of the Department of Human Services Policies and Guidelines Manual, and WHEREAS, after review, the Board deems it advisable to approve said addition, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the addition to Section 5.000 General Assistance of the Department of Human Services Policies and Guidelines Manual, be, and hereby is, approved. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of March, A.D., 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: datAvo W .,feL:ii Weld County Clerk to the Board Deputy Clerk to the Board county rney Date of signature: O3/ Lt.-_ , Mike Freeman, Chair CC: HSD, CA(Krt/str) 04/02/20 2020-0960 HR0092 PRIVILEGED AND CONFIDENTIAL MEMORANDUM DATE: March 17, 2020 TO: Board of County Commissioners — Pass -Around FR: Jamie Ulrich, Director, Human Services RE: Addition to the Department's Policies and Guidelines Manual — Child Welfare and General Assistance Please review and indicate if you would like a work session prior to placing this item on the Board's agenda. Request Board Approval of the Department's Additions and/or Revisions to the Department's Policies and Guidelines Manual — Child Welfare and General Assistance. The following policies (attached) have been developed by involved Department staff and were provided to Legal for review and comments. • 2.3.200. Use of Social Media (NEW) The Social Media policy has been developed to protect the confidentiality of children in foster care and their foster families. • 5.1.20. Compromising Food Assistance Claim (NEW) The Compromising Food Assistance Claims policy has been revised to conform with, and as a supplement to, 7 CFR 273.18(e)(7) and State rule 4.801.3 (10 CCR 2506-1): Compromising Claims. Pursuant to these rules, a county must consider compromising an administrative error or inadvertent household error claim. Intentional Program Violation/Fraud (IPV) claims are not eligible for compromise. The Department will only consider a compromise on those claims coded as administrative or inadvertent household error. I do not recommend a Work Session. I recommend approval of these policies. Approve Schedule Recommendation Work Session Mike Freeman, Chair Scott James Barbara Kirkmeyer Steve Moreno, Pro -Tern Kevin Ross Other/Comments: Pass -Around Memorandum; March 17, 2020 — Not in CMS Page 1 2020-0960 ©5/2 5 Department of Human Services Policies CHAPTER 5 — General Assistance ARTICLE I — General Provisions Sec. 5.1.20. — Compromising Food Assistance Claims A. Purpose The Compromising Food Assistance Claims policy is written in conformance with, and as a supplement to, 7 CFR 273.18(e)(7) and State rule 4.801.3 (10 CCR 2506-1): Compromising Claims. Pursuant to these rules, a county must consider compromising an administrative error or inadvertent household error claim. Intentional Program Violation/Fraud (IPV) claims are not eligible for compromise. Weld County Department of Human Services (WCDHS) will only consider a compromise on those claims coded as administrative or inadvertent household error. B. Process At the time the Food Assistance claim(s) are created, a Colorado Benefits Management System (CBMS) system -generated Notice of Overpayment is sent to each liable party notifying them of the amount, timeframe and type of claim created; the Notice of Overpayment also contains language stating that a claim may be compromised if the household is not financially able to repay the full claim within a three year period. 1. WCDHS considers the Notice of Overpayment as sufficient notification of a possible compromise; therefore, additional notifications will notbe sent to the liable parties. 2. Liable parties requesting a compromise will be referred to the Recovery Specialist. 3. Prior to compromising a Food Assistance claim, the Recovery Specialist will confirm whether the claim is being (or is going to be) pursued as either (a) an IPV claim through the administrative disqualification process or (b) criminal fraud, to be included within an order of restitution by communicating with the Investigations Supervisor. 4. In order to determine whether a Food Assistance claim may be compromised, an assessment of each liable individual's current circumstances will be evaluated. a) The inability to locate remaining liable individuals will not negatively impact or delay the process for the liable individual requesting the compromise, and a decision of whether the Food Assistance claim can be compromised will be based upon the information available to the Compromise Committee. 5. Appropriate information will be collected for each liable individual by the Recovery Specialist and will include the following: a) Current status of Food Assistance participation; b) Current income and household circumstances; and March 2020 Department of Human Services Policies c) Other factors that could constitute hardship, including, but not limited to, medical costs, shelter costs, unemployment, and other extenuating circumstances. i. The liable individual's current income and expenses (and potential hardship) will be documented using the Verification of Expense and Income Form (Exhibit A). ii. The Compromise Committee should give consideration to the future earning potential of the liable individual(s) over the next three (3) years (or 36 months) to repay the Food Assistance claim, including an assessment of the liable individual's age, disability and other household factors 6. There is no deadline for when the verification of the liable individual's income and expenses must be submitted; however, the Food Assistance claim will not be suspended while verification is pending; automatic recoupment will continue and any existing payment plan will be enforced. C. Compromise Committee The Compromise Committee, consisting of the Claims Specialist Supervisor, the Claims Specialist(s), the Recovery Specialist(s) and the Recovery Manager, shall meet on a case - by -case basis to determine appropriate compromise based on need and hardship. 1. An active Food Assistance case will be reviewed for the following: a) The liable individual has submitted verification of income and expenses; and b) The claim will not be repaid based on current recoupments in three (3) years (36 months); and c) Repaying the claim will result in financial hardship on the household. 2. A closed Food Assistance case will be reviewed for the following: a) The liable individual has submitted verification of income and expenses; and b) The claim will not be repaid in three (3) years (36 months) based a determination of the household's disposable income as documented by the income and expense verification provided; and c) Repaying the claim will result in financial hardship on the household. D. Determining the Claim Balance The Calculations for Compromise Food Assistance Claim form (Exhibit B) will be used to determine the potential claim reduction and ultimate claim balance. March 2020 Department of Human Services Policies 1. In the event a majority decision is made in favor of the compromise, the following steps will be taken: a) If the household is actively receiving Food Assistance benefits: Determine the compromised balance of the claim based on the following formula: Monthly recoupment amount x 36 months = total recoupment amount Total claim amount — total recoupment amount = total amount of compromise Total claim amount — total amount of compromise = claim balance to be repaid b) If the household is no longer actively receiving Food Assistance benefits: Determine the compromised balance of the claim based on the following formula: Monthly disposable income x 36 months = total repayment amount Total claim amount — total repayment amount = total amount of compromise Total claim amount — total amount of compromise = claim balance to be repaid c) The Recovery Specialist will notify the liable individual(s) by both mail and phone of thecompromise amount and the current balance of the claim. d) The Recovery Specialist will secure a Recovery Agreement from the liable individual(s) for the amount to be repaid, ifapplicable e) The Recovery Specialist will enter the decision into CBMS Case Comments. Detailed comments will include the following information: i. The rule applying to Compromise of Claims; ii. The documentation reviewed; iii. The conclusion based on the documentation and formula used (see attached formula calculation); and iv. The decision of the Compromise Committee and the basis for that decision f) The Recovery Specialist will revise the claim downward to reflect the claim balance to be repaid and the Recovery Agreement, if applicable, into CBMS 2. In the event a majority decision is made against the compromise, the following steps will be taken: a. The Recovery Specialist will contact the liable individual(s) by both mail and phone and will explain the Committee's decision b. The Recovery Specialist will secure a Recovery Agreement from the liable individual(s), if applicable March 2020 Department of Human Services Policies c. The Recovery Specialist will enter decision into CBMS Case comments. Detailed comments will include the following information i. The rule applying to Compromise of Claims; ii. The documentation reviewed; iii. The conclusion based on the documentation and formula used (see attached Exhibit B); and iv. The decision of the compromise committee and the basis for that decision d. The Recovery Specialist will enter the Recovery Agreement into CBMS, if applicable. 3. On a case -by -case basis and in extreme hardship situations, a Food Assistance claim may be compromised to zero with the approval of the WCDHS Director or his or her designee pursuant to 10 CCR 2506-01, Rule 4.801.3. In the event a claim is compromised to $0, the following steps will be taken: a) The Recovery Specialist will contact the liable individual(s) by both mail and phone and will explain the Committee's decision b) The Recovery Specialist will enter decision into CBMS Case comments. Detailed comments will include the following information: i. The rule applying to Compromise of Claims; ii. The documentation reviewed; iii. The conclusion based on the documentation and formula used (see attached formula calculation); and iv. The decision of the compromise committee and the basis for that decision c) The Recovery Specialist will revise the claim downward to reflect a zero balance in CBMS March 2020 Exhibit A - Verification of Expenses and Income Form: DEPARTMENT E.NT OF HUMAN SERVICES PO Box 1069 Fort Lupton, CO 80621 Website: WNW. C 0 .11 eld. co.us Administration and Public Assistance (303) 857-4052 Child Support (970) 352-6933 Fax Number (303) 637-2442 Request date: Requested By: Return by: Case No.: Extension: SSN: Verification of Expense and Income Form Are you receiving any income or assistance 'other than Public Assistance or LEAP) to help with household expenses or in paying your bills? � Yes ■ No Please list the amounts for the following forte last 30 days - (If you mark an amount in a box. verification Income Employment TANF Grant Amount Social Security / SSI Social Security!/ SSA AND LEAP Child Support Unemployment Workmenfs Comp Self Employment (i e.- babysitting, lawn service) Short Term Income ; Jobs ;e." blood donation. resale of car) Retirement Accounts (i e dividends. interest) Other Income Total Income of that income S S S S S S S S S S S S or expense must be provided for the last 60 days.) Expenses Rent/Shelter S Utilities S Telephone S Child Care S Child Support S Medical bills S Total Expenses S If your expenses are more than your income. please explain how you are meeting your expenses - I am aware of my reporting responsibilities and I certify that the answers contained above are true and correct Signature Witness Date Date DEPARTMENT OF H .— SERA ICES PO Box 1069 Fort Lupton, CO 80621 Website: www.comeld.co.us Administration and Public Assistance (103) R57-44,52 Child Support (970)352-6933 Fax Number (303) 637-2442 In order for us to process your request fora lower payment arrangement_ we need the following verification forthe last 60 days to be submitted .py. Failure to report or verifyany expenses such as rent, mortgage, insurance, utilities, taxes, day care, or medical costs will be seen as a statement by your household that you DO NOT WANT to receive a deduction forthat expense Verification(s) .4.t. Might Be Provided for approval of lower payment arrangements. Housing verification: which needs to include the address. the landlord's name. address and phone number (current lease and/or rent receipt). house payment taxes. h.QJIIeQ\ynerS_ insurance policy. landlord questionnaire form. or shared shelter form This information must be provided by your landlord. Utility bills: from the last 30 days (if the bills are not in your name bring a note signed and dated from the person whose name they are in saying you are responsible for the bill. also provide the bill) for gas. electric. propane. water. sewer. trash. and phone. Work income: for all employed persons for the last two (2) months If you have lost your job in the last two (2) months, bring a letter oftemnnationthat includes the last day you worked. date of last paycheck and pay stubs forthe last month or employment verification form_ If you have started a new job, bring a letter from your employer giving a start date. rate of pay. number of hours per week. date first check will be received and how often paid or employment verification form. Self employed: bring verification of income and expenses for the last (2) months. last year's taxes if possible or self-employment reporting form Unearned income: venfication is needed_ such as. Student Financial Aid form. child support unemployment. workman's compensation insurance settlements. all Social Security benefits (SSA) including widows. disability. survivors benefit SSI. Veterans benefits. PERA. Railroad. annuities. etc Disabled and unable to work: but not receiving SSI or SSA_ bring a doctor statement including the period of time you are unable to work Med 9 form. Day care expense: bring verification of this paid expense Please include name. address. and phone number of provider. Current paid medical expenses: if you receive Social Security Disability and/or SSI. or if you are over 60 (bills. receipts. or a printout from the pharmacy for the last year of charges) and/or verification of payment of other medical expenses. Paying child support: we need two (2) documents showing the amount you are paying (court order. pay stubs showing deduction. cancelled check) Verification of child support paid out must be submitted Resources: vehicle registration_ bank statements for all bank accounts. stocks. bonds. 401 K. IRAs. annuity. life insurance (face & cash value). cemetery plot burial insurance. and property valuation. Statement from the bank concerning the balance owed or lease agreement on your vehide(s). Liable Parties: Exhibit B - Calculations for Compromise of Food Assistance Claim DEPARTMENT OF HUMAN SERVICES PO Box A Greeley, CO 80632 Website: www.co.weld.co.us Greeley Area (970) 352-1551 Ft. Lupton Area (303)857-5052 Case # 1B Calculation for Compromise for Food Assistance Claim (Household Not Active Food Assistance) • Household is under 200% FPL o Household 's current income per the Department of Labor and Employment: • Total income from employment received in quarter of was $ o Household's total average monthly gross income is $ o Current household expenses declared by client: • Total average monthly expenses are $ • On a 3 year (36 month) repayment Schedule which is based on the disposable income available to the household (Income — allowable expenses), household would not repay claim within 3 years (36 months). • Financial hardship will result from repayment of claim. o Total monthly average gross income $ o Total monthly average household expenses $ o Total monthly average household income not allotted to household expenses is $ • Proposed Claim Compromise o $ (disposable income) x 36 months = $ claim balance to be repaid. o $ (current claim balance) - $ (total claim balance to be repaid) = $ (total amount of compromise). Revised February 2020 Hello