Only impose sanctions when participants are confirmed able to comply but are not doing so.

Family Stabilization Services has special sanction policies because participants in this track of MFIP have barriers or challenges that make complying with program requirements difficult.

These special sanction policies apply to participants:

· With an employment plan in the Family Stabilization Services track.

· Without an employment plan but in the Family Stabilization Services track, such as a new referral who has not yet met with employment services.

· Not in the Family Stabilization Services track but for whom information indicates possible eligibility for Family Stabilization Services either because of their own circumstances or a family member’s circumstances. Examples of information could include:

· Documentation of a previous mental illness diagnosis.

· Past involvement with services in adult or children’s mental health, developmental disability programs or other county/tribal-administered services for people with disabilities.

· Self-reported attempts to get help for a mental health condition.

· Previous diagnosis of a chronic health condition that has been a barrier to getting or keeping a job.

Each of the steps below must occur in whatever order fits the circumstances.

· Case note each of the steps in Workforce One.

· Use the Family Stabilization Services Pre-Sanction Checklist (DHS-6075) (PDF) and keep it in the case file.

Ensure the employment plan accommodates the participant’s condition or circumstances:

Review the existing plan: to be sure it is appropriate to the participant’s and family’s needs. If the participant has documented good cause, do not proceed with sanction. Remember: many of the conditions making someone eligible for Family Stabilization Services are also good cause conditions. If there is not an employment plan or current employment plan, review information from the most recent contacts and move to the next steps.

Get confirmation from a behavioral health or medical professional that the participant can comply with the employment plan.

There are 3 likely options to get this consultation.

A. Get a release of information from the participant so that you can contact the treating professional whose diagnosis resulted in assigning the participant to the Family Stabilization Services track. Ask the treating professional if the activities in the employment plan are activities within the capacity of the participant. That consultation can be in writing or verbally over the phone. Case note any conversations.

B. The participant can choose to obtain the needed assessment themselves if they do not want the employment counselor to contact the primary treating professional.

· Provide the participant with a copy of the most recent employment plan for them to share with the treating professional.

· Have the participant bring back a written response from the treating professional.

C. Some counties have consulting professionals available.

· Consult a professional whose expertise aligns with the conditions that make the person eligible for, or likely to be eligible for, Family Stabilization Services.

· For a newly arrived immigrant, that may be an Adult Education/English Language Learning instructor.

· Provide that consultant with information about the medical or mental health information available about the participant and the employment plan. Do NOT identify the participant – unless you have a signed release of information to do so.

Meet with the participant face-to-face.

The face-to-face meeting, home visit or a written letter should:

· Remind the participant of how the plan can be developed to address the family’s challenges.

· Explore good cause exemptions that might apply to the participant’s circumstances.

· Consider how the challenges or barriers the participant is experiencing might explain why they have not complied.

· Review the plan to determine if the activities are appropriate to the family’s circumstances.

· Confirm that the participant understands the consequences of continued non-compliance.

· Identify other resources that may be available to meet the need of the family.

· Ensure the participant understands his/her right to appeal.

NOTE: If an activity or service that could help the participant comply is not currently in the plan, the county or tribe must work with the participant to provide that activity or service.

Arrange a face-to-face meeting following these steps in order:

1. Invite the participant to a face-to-face meeting to a county, tribal or Employment Services agency office or at a community location.

· The county, tribe or Employment Services agency must inform participants that they may bring a family member, friend or a professional advocate as their advocate.

· If a phone conversation clarifies why the person has not been able to comply with activities, act on that information, identify additional services or supports that may be necessary and revise the employment plan. This would stop the sanction process. A phone conversation, however, does not meet the requirement for a face-to-face meeting in order to move the sanction process forward.

2. If the participant fails to attend the face-to-face meeting, attempt a home visit.

· The case manager or another designated worker must make at least 1 trip to where the participant lives or stays and attempt to make in-person contact.

· If the county, tribe or employment services agency does not allow home visits, the sanction process cannot move forward.

3. If the home visit does not result in a meeting, send a written agency letter.

· Include all the information that should be covered in the face-to-face meeting.

Send a Notice of Intent to Sanction only if all the above steps have been done.

If the participant does not respond to the notice, send a status update to the eligibility worker to impose a sanction.

See Family Stabilization Services Pre-Sanction Checklist (DHS-6075) (PDF).