Setting the Baseline: A Report on State Welfare Waivers. Table I.B, Changes to JOBS Sanctions under Section 1115 Waivers

06/01/1997

State Provisions Scope Imp. Date
Arizona Increases the first sanction for noncompliance with JOBS program requirements to last for a period of at least one month, or until the participant complies. Statewide

Start: 10/95

End: 9/02

Colorado Once the work requirement takes effect, the sanction for a third instance of noncompliance with JOBS requirements without good cause is a JOBS sanction for the duration of the demonstration (i.e. the caretaker's needs are removed from the grant and the caretaker is ineligible for Medicaid). After six months, if the caretaker complies with JOBS requirements, she will regain Medicaid eligibility, although the fiscal sanction will remain. No sanction will be applied if the recipient is unemployed and no JOBS slot is available. Adams, El Paso, Jefferson, Logan and Mesa counties

Start: 4/94

End: 3/99

Connecticut The sanctions for failure, without good cause, to cooperate with the requirements of the JOBS, child support enforcement, or quality control programs, or for voluntarily quitting a job without good cause are: for the first instance, the AFDC benefit will be reduced by 20 percent for three months; for the second instance, the AFDC benefit will be reduced by 35 percent for six months; for the third and subsequent instances, no AFDC benefit will be issued for a three-month period. Individuals who fail to comply with a requirement by the end of a given penalty period will automatically progress to the penalty associated with the next higher offense. If while in sanction status, a recipient fails to comply with a different program requirement, the penalty associated with the next higher offense will begin on the first possible date following the required notice. Statewide

Start: 1/96

End: 12/03

Delaware The sanction for failure to cooperating in the development of the mutual responsibility contract, or for noncompliance with employment-related provisions of the contract are: 1/3 reduction in AFDC grant for first offense, 2/3 reduction for second, and AFDC loss for the whole family upon the third offense. The first two sanctions will be imposed until compliance. After each redetermination, if the caretaker does not comply at the time, the next higher sanction will be imposed. The third sanction will be imposed for the duration of the demonstration. Statewide, after a phased implementation

Start: 10/95

End: 9/02

Georgia

The sanction for a first refusal of a job offer or a voluntary quit is removal of the individual's needs from the grant for three months, or until the individual complies, whichever comes first. On subsequent incidences, the sanction shall last for six months, or until the individual complies, whichever comes first.

The sanction for nonparticipation in the mandatory work experience program is loss of that individual's portion of the AFDC grant for: one month for the first violation, three months for the second violation, and 24 months for the third violation. Benefits can be reinstated after six months of the third sanction period of the individual complies with program requirements. After the third violation, the individual's sanction history will be disregarded and the process will begin from the top.

Statewide

 

10 pilot counties

Start: 1/94

End: 12/98

 

Start: between 11/95 and 10/96

Duration: 5 yrs

Idaho The penalty for voluntary quits, firing for cause, or turning down a job offer is full-family ineligibility for 90 days or until compliance. For non-compliance with JOBS or work requirements, there is a progressive full-family sanction of the longer of one month or until compliance for the first instance, the longer of three months or until compliance for the second instance, and until the end of the demonstration in the third instance. These sanctions may not be imposed until an attempt at conciliation has been made. Statewide

Start: between 10/96 and 10/97

Duration: 5 yrs

Illinois The sanction policy for the first three instances of non-cooperation will be in accordance with the JOBS policy. For the fourth and subsequent instances, the sanction will be loss of the entire AFDC cash benefit until the individual cooperations or for six months, whichever is longer. Failure to accept a job offer will result in a loss of the family's AFDC cash benefit for three months. The sanction will be removed if the individual becomes employed either full- or part-time. Statewide

Start: 10/95

End: 9/00

Indiana Imposes progressive sanctions for repeat occurrences of JOBS non-compliance as follows: For the first instance, a sanction will be applied against the individual for two months or until the failure to comply ceases, whichever is longer. Until the individual complies, the sanction will be a JOBS sanction, making the individual ineligible for Medicaid. Once the individual complies, the sanction will only be a fiscal sanction. For the second instance, the sanction will be applied until the individual complies or for 12 months, whichever is longer. Upon compliance or after six months, whichever is longer, the sanction will be reduced from a JOBS sanction to a fiscal sanction. For the third instance, the sanction will be applied until the individual complies or for 36 months, whichever is longer. Again, upon compliance or after six months, whichever is longer, the sanction will be reduced from a JOBS sanction to a fiscal sanction. JOBS volunteers are subject to the regular sanctions. The penalty for a voluntary quit or reduction in hours is the needs of the individual shall be disregarded, both in determining eligibility and benefit levels, for a period of six months from the date of the quit or reduction. Statewide

Start: 4/95

End: 6/02

Iowa Recipients who do not develop a self-sufficiency plan, or who do not demonstrate satisfactory performance under it will be assigned to the "limited benefit plan" (LBP). Their families will receive a grant based on only the needs of the children for 3 months. The family's grant will then be terminated and they cannot reapply for another 6 months. (Under original waiver, LBP began with 3 months of regular benefits before grant reduction was imposed.) Statewide

Start: 10/93

End: 9/98

 

Amended: 4/96

Kansas

The JOBS sanction for a non-complying parent or spouse is: the needs of the adult will be excluded from the unit for two months; after that, the entire family will lose AFDC cash benefits for at least two months, or until the parent or spouse complies. If an adult other than a parent or spouse does not comply with JOBS requirements, the needs of that adult will be excluded until he or she complies.

For AFDC applicants and recipients, failure to attend a job interview if referred, failure to accept a bona fide job offer, and termination of employment without good cause will result in a fiscal sanction as follows: if the non-complying individual is a parent or spouse, the family will not receive AFDC cash benefits for three months, or until compliance; otherwise, the non-complying person's needs will be removed from the grant for three months, or until compliance.

Statewide

Start: between 9/96 and 8/97

Duration: 7 yrs

Louisiana Applies a three-month full-family sanction where the parent has declined an opportunity for full-time employment without good cause. Statewide

Start: 1/97

End: 12/02

Maryland The sanction for non-cooperation with JOBS requirements will be case closure, but the sanction may not be imposed until 30 days after a conciliation letter has been sent. Family will be reinstated immediately upon compliance the first time this happens, but only after 10 days the second time, and after 30 days the third time. Families whose case has been closed because of this sanction may receive up to three months of transitional assistance through third-party payments. Statewide

Start: 10/96

End: 9/01

Massachusetts Initial failure to comply with the requirements of the Work Program or the Community Service Program will be sanctioned by a reduction in the grant by the portion attributed to the individual who is required to participate. The entire assistance unit will be sanctioned for continued non-participation. Full Employment Program participants who fail to maintain a position after three attempts will be reassessed, and may be reassigned to the Community Service Program. Failure to participate in a JOBS component other than the Work Program, the Full Employment Program or the Community Service Program will result in the issuance of a warning. If non-compliance continues, the individual will be required to participate in the Community Service Program. Statewide

Start: 10/95

End: 9/05

Michigan Changes sanction under JOBS to 25 percent of AFDC and food stamp benefits for the first 12 months of non-compliance and loss of family's AFDC benefits after 12 months of non-participation. Statewide

Start: 10/94

End: 9/99

Minnesota The sanction for failure to participate in orientation, or preliminary job search activities will be removal of the adult's needs in determining the level of AFDC benefits for a minimum of six months. The sanction for failure to engage in job search or for voluntarily quitting a job, after warning, is required participation in work experience (combined with job search) for a total of at least 32 hours per week, and as much as 40 hours per week, based on the grant amount. If a recipient fails to participate in work experience, or is terminated without good cause, the penalty will be a full-family fiscal sanction for a minimum of six months. This penalty may not be imposed until the recipient has failed to comply with a conciliation agreement. Recipients assigned to the Deferred Employment track who do not participate in required employability activities will be assigned to the Immediate Employment track after two warnings. Clay and Carver counties

Start: between 10/96 and 10/97

Duration: 5 yrs

Mississippi A Work First participant who refuses a placement, terminates a placement within the two-week trial period, or establishes a pattern of requesting early termination will be sanctioned by removal of the entire grant. This sanction will be cured immediately if the participant agrees to cooperate. JOBS sanctions may be imposed on exempt clients that volunteer for JOBS and then drop out without good cause. Eligibility for Medicaid will not be affected by this provision. Adams, Harrison, Jones, Lee, Hinds, and Washington counties

Start: 10/95

End: 9/00

Missouri The sanction for failure to sign a self-sufficiency agreement or to participate in assigned job search or work experience is the standard JOBS sanction. Volunteers who enter an self-sufficiency agreement will be subject to the same sanction for non-participation. Statewide

Start: 4/95

End: 5/00

Montana Recipients who fail to comply with Pathways and Community Service Program requirements, without good cause, will be sanctioned by removal of their needs from the family grant according to the following schedule: 1 month for the first instance; 3 months for the second instance; 6 months for the third instance; and 12 months for the fourth and subsequent instances. Statewide

Start: 1/96

End: 12/04

Nebraska The sanctions for non-compliance with work requirements are as follows when the caretaker is the parent of the children: first instance, full-family sanction for at least one month, or until compliance; second instance, full-family sanction for at least 90 days, or until compliance; third instance, full-family sanction until the end of the 48-month period. If the caretaker is not a parent, only the caretaker's portion of the grant is sanctioned. Food stamp benefits do not increase when the family is sanctioned. Statewide, after phased implementation

Start: 10/95

End: 9/02

New Hampshire The penalty for adult non-participation in JOBS, or for a voluntary quit is: the usual JOBS sanction (disqualification of the adult) will be imposed for half a month (one payment period) or until compliance, whichever is greater. After three months, the adjusted payment standard (excluding the needs of the sanctioned adult) will be reduced by one-third. After another three months, the adjusted payment standard will be reduced by two-thirds. After another three months of noncompliance, the case will be terminated. If a participant is sanctioned within 6 months of the end of the most recent sanction period, the payment reduction shall begin at the next highest level of payment reduction. Otherwise, the next sanction shall begin at the lowest level of sanction. The penalty for non-compliance by a dependent child is removal of the child's needs from consideration for both eligibility and determination of grant amount. Statewide

Start: between 7/96 and 7/97

Duration: 5 yrs

New Jersey Eliminates the sanction conciliation process. Sanction of 20 percent of the payment standard for refusal to cooperate before signing a contract, to last for a minimum of 30 days or until compliance. For non-cooperation with program requirements, or activities specified in the contract, participant's needs will be removed from the grant for at least 90 days, or until compliance. Statewide

Start: 10/92

End: 9/97

North Carolina

Under Work First, the state will deny AFDC to a family if the parent refuses to sign the Personal Responsibility Contract. For the first instance of non-compliance with the contract, the penalty will be a $50 reduction in benefits for 3 months; for the second instance, a $75 reduction for 3 months; for the third instance, a $75 reduction for 6 months; and for the fourth instance, a $75 reduction for 12 months. No conciliation period will be required. Participants who do not meet with a case worker to review their contracts at the end of a sanction period will be moved up to the next level of sanctions.

Under Work Over Welfare, the sanctions for failure to comply with an Opportunity Agreement, without good cause, are as follows: for the first instance, a 40 percent reduction in the family's AFDC benefit until the failure to comply ceases; for the second instance, a 45 percent reduction for a minimum of four months, or until the failure to comply ceases; and for the third and subsequent instances, a 55 percent reduction for a minimum of eight months, or until the failure to comply ceases.

Statewide

 

Cabarrus County

Start: between 3/96 and 3/97

Duration: 5 yrs

 

Start: between 5/96 and 5/97

Duration: 2 yrs

North Dakota Failure of the caretaker relative to sign or cooperate in the development of the social contract, without good cause, within 2 months will result in case closure. The family may not receive additional assistance for 10 months unless the caretaker signs a contract. For failure to comply with self-sufficiency or child support enforcement provisions of the contract, the following sanctions will be imposed against the AFDC portion of the TEEM grant: For the first instance, the needs of the non-complying individual will be removed for a minimum of one month; if the individual fails to comply for six consecutive months, the penalty will be the loss of the entire AFDC portion of the grant. For the second instance, the needs of the non-complying individual will be removed for a minimum of two months; if the individual fails to comply for three consecutive months, the penalty will be loss of the entire AFDC portion of the grant. For the third and subsequent instances, the needs of the non-complying individual will be removed for a minimum of three months; if the individual fails to comply for three consecutive months, the penalty will be loss of the entire AFDC portion of the grant. The penalty for voluntary quits will be the loss of the earned income disregard for the benefit month, and the ineligibility of the individual for the benefit month. JOBS volunteers will be subject to the standard JOBS sanctions. 10 pilot counties: Adams, Cass, Ransom, Richland, Sargent, Stark, Steele, Stutsman, Traill, and Williams.

Start: 4/95

End: 3/02

Ohio Imposes progressive sanctions for noncompliance with JOBS requirements, including failure by pregnant recipients to cooperate with substance abuse assessment and or treatment, without good cause, as follows: for the first instance, removal of the needs of the noncomplying individual for at least one month, or until compliance; for the second instance, denial of AFDC cash benefits to the entire unit, for at least one month, or until compliance; for the third instance, denial of AFDC cash benefits to the entire unit, for at least two months, or until compliance; and for the fourth and subsequent instances, denial of AFDC cash benefits to the entire unit for six months, or until compliance. The sanction for a voluntary quit is ineligibility for the assistance group for a period of six months. Statewide

Start: between 6/96 and 12/96

Duration: 5 yrs

Oklahoma Sanction for refusal to accept a workfare placement at the time limit is the JOBS sanction: the parent's needs will be removed from the grant, but the children will continue to receive AFDC. Creek, Grady, Jackson, McCurtain, Okmulgee, and Seminole

Start: 4/96

End: 3/01

Oregon The sanctions for failure, without good cause, to meet JOBS participation requirements or to participate in mental health or substance abuse screening and treatment are as follows: For a client who has not been previously sanctioned, or who has been sanctioned in only one previous month, the first two months of non-compliance will result in a $50 decrease in the grant. For a client who has been sanctioned in two or three previous months, the sanction will be removal from the grant. In the case of a work-eligible alien parent, who is not part of the case, the sanction will remain a $50 decrease in the grant. For a client who has been sanctioned in four or more previous months, the sanction will be the closure of the grant. The sanction will be removed, at any point in the sanction process, when a recipient complies. Individuals who are sanctioned at the time of implementation due to the pursuit of unapproved self-initiated education and training may continue under current sanctions for two years following implementation if they are making satisfactory progress. At the end of two years the sanction policy for this group will be reviewed. Statewide

Start: 7/95

End: 6/02

South Carolina The sanctions for failure to comply with the requirements of an self-sufficiency plan or for failure to accept an offer of employment after completing training are as follows: For the first instance, removal of the caretaker's needs from the calculation of the AFDC grant for 30 days, curable by compliance. If at the end if 30 days the caretaker has not complied, she is notified that after another 30 days, the entire family will be removed from AFDC, curable after 30 days of compliance. For the second and subsequent instances, removal of the entire family from AFDC, curable after 30 days of compliance. In both cases, benefits will be paid retroactive to the date when compliance began. Statewide

Start: between 6/96 and 6/97

Duration: 7 yrs

South Dakota Sanction for voluntary quits, without good cause, is denial of AFDC cash benefits to entire family for three months, or until the parent finds a job at least comparable to the one quit, whichever is less. For non-JOBS-exempt recipients, the sanction for failure to comply with assigned activities volunteer service requirements is a JOBS sanction. For JOBS-exempt recipients, there are no sanctions for refusal to cooperate with the track program. If JOBS-exempt recipients reach the time limit and are assigned to volunteer service, the sanction for non-compliance is removal of the adult's needs from the grant amount, but the adult will continue to be eligible for Medicaid. Statewide

Start: 4/94

End: 3/99

Tennessee The penalty for a voluntarily quit is full-family ineligibility for three months. Sanction will be lifted if the sanctioned individual gets a comparable job, becomes exempt from work requirements, or leaves the assistance unit. The penalty for noncompliance with work requirements is: for the first instance, a full-family fiscal sanction until compliance; for a second and subsequent instances, a full-family fiscal sanction for three months or until compliance, whichever is longer. Statewide

Start: between 9/96 and 9/97

Duration: 11 yrs

Texas The sanction for noncompliance with JOBS program requirements or child support requirements is the removal of the needs of the parent from the AFDC grant until compliance. Statewide

Start: 4/96

End: 6/02

Utah The penalty for nonparticipation in JOBS without good cause is a $100 reduction in the family's grant. Non-participation by a child between 16 and 18 will be sanctioned by removal of that child's needs from the grant calculation. Imposes a full-family sanction for non-participation in JOBS after two months of the previous sanction. Sanction may not be imposed until after a conciliation process has been undertaken. These penalties are immediately curable upon compliance. Parents removed from the grant due to non-cooperation or fraud remain eligible for JOBS services, including support services. Beaver, Cedar City, Kane, Kearns, Panguitch, St. George, and Roosevelt offices

Start: 1/93

End: 12/00

Vermont Under the pay-for-performance model, payments are based on actual number of hours worked and satisfactory performance of assigned activities. Statewide

Start: 7/94

End: 6/01

Virginia Changes first-time JOBS non-compliance sanction to at least 1 month, continuing until compliance and removes conciliation requirement. For cases subject to the time limits under VIEW, the sanction for refusal of the case head to sign an Agreement of Personal Responsibility is termination of cash benefits for the entire case. The sanctions for failure to participate in required VIEW activities are as follows: for the first offense, suspension of the entire AFDC cash benefit for one month, or until compliance, whichever is longer; for the second offense, suspension of the entire AFDC cash benefit for three months, or until compliance, whichever is longer; and for the third and subsequent offenses, the entire AFDC cash benefit will be suspended for six months, or until compliance, whichever is longer. All VIEW volunteers who sign an Agreement of Personal Responsibility will be subject to the same sanctions as mandatory participants. Statewide; VIEW will be phased in geographically over three years.

Start: 7/95

End: 6/03

Washington Once the grant reduction has been imposed, the unit is no longer subject to JOBS sanctions. Statewide

Start: 1/96

End: 12/05

West Virginia For the first failure to comply with JOIN, the adult's needs will be removed from the grant for at least three months, or until compliance. After the second instance of non-compliance, the entire family will lose AFDC cash benefits for at least six months, or until compliance. Statewide

Start: 1/96

End: 12/00

Wisconsin AFDC benefits will be reduced by the federal minimum hourly wage for each hour of non-participation without good cause, with no adjustment in the food stamp allotment. If the AFDC grant is fully exhausted, the remaining sanction will be taken against the food stamp allotment. In any month where the hours of participation fall below 25 percent of assigned hours, the AFDC grant will be $0 and the food stamp allotment will be $10. Statewide (slightly different provisions apply in 2 counties where Work Not Welfare is being operated)

Start: 1/96

End: 12/00

Wyoming Sanction for nonparticipation is reduction of family's grant by $100. Nonparticipating individual becomes ineligible for assistance (i.e. Medicaid). Campbell, Carbon and Natrona counties

Start: 7/93

End: 6/95