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Subchapter 001: GENERAL PROVISIONS; ELIGIBILITY, AID, AND SERVICES
§ 1101. Definitions
As used in this chapter:
(1) “Able to work” means to be free of any physical, emotional, or mental condition that
would prevent the individual from engaging in any combination of the work activities
identified in subdivisions (28)(A) through (E) of this section for at least 35 hours
per week.
(2) “Able to work part time” means having a physical, emotional, or mental condition that
would allow the individual to engage in any combination of the work activities identified
in subdivisions (28)(A) through (E) of this section for at least 10 hours per week
but would prevent the individual from engaging in such activities for 35 or more hours
per week.
(3) “Adult” means an individual who:
(A) is 18 years of age or older and not a dependent child; or
(B) is under 18 years of age and:
(i) is pregnant; or
(ii) is a parent who is the caretaker for a dependent child.
(4) “Assessment” means the information-gathering process, carried out by the Department’s
established protocol, that identifies an individual’s skills, aptitudes, interests,
life and work experience, and barriers, and the determination of how these factors
relate to the individual’s current or potential participation in the labor force and
his or her family responsibilities. Where appropriate, this process includes the use
of tests, other standardized measurement tools, and referrals to relevant professionals
for evaluation or diagnosis. The Department shall use the information gathered as
part of this process in developing the individual’s family development plan as well
as, where applicable, assessing the appropriateness and feasibility of the individual’s
education, training, and employment goals and determining the individual’s ability
to work. The Department shall include a process to determine the development and well-being
of the children in the family.
(5) “Barrier” means any physical, emotional, or mental condition; any lack of an educational,
vocational, or other skill or ability; and any lack of transportation, child care,
housing, medical assistance, or other services or resources, domestic violence circumstances,
caretaker responsibilities, or other conditions or circumstances that prevent an individual
from engaging in employment or other work activity.
(6) “Caretaker” means an individual 18 years of age or older who is fulfilling a parental
role in caring for a dependent child by providing physical care, guidance, and decision
making related to the child’s health, school, medical care, and discipline.
(7) “Case management” means the services provided by or through the Department to participating
families, including assessment, information, referrals, and assistance in the preparation
and implementation of a family development plan under section 1107 of this title.
(8) “Commissioner” means the Commissioner for Children and Families or his or her designee.
(9) “Department” means the Department for Children and Families.
(10) “Dependent child” means a child who is a resident of this State and:
(A) is under 18 years of age; or
(B) is 18 years of age or older who is a full-time student in a secondary school, or attending
an equivalent level of vocational or technical training, and is reasonably expected
to complete the educational program before reaching 22 years of age or is not expected
to complete the educational program before reaching 22 years of age solely due to
a documented disability.
(11) “Eligible family” means a family that is determined to be financially eligible for
the programs authorized by this chapter, in accordance with rules adopted by the Commissioner.
(12) “Family” means:
(A) one or more dependent children living with one or both parents or a relative or caretaker
of such children; or
(B) a pregnant individual.
(13) “Financial assistance” means cash, payments, electronic or direct payments for a family’s
housing or other expenses, and other forms of benefits designed to meet a family’s
ongoing basic needs that are available through the Reach Up program. A family’s ongoing
basic needs include food, clothing, shelter, utilities, household goods, personal
care items, and general incidental expenses.
(14) “Living with a relative or caretaker” means living with a caretaker or relative in
a residence maintained by the caretaker or one or more relatives as his or her or
their home.
(15) “Parent” means:
(A) the same as in 15C V.S.A. § 102(16);
(B) stepparents; and
(C) pregnant individuals.
(16) “Participant” or “participating adult” means an adult member of a participating family.
(17) “Participating family” means an eligible family that participates in the Reach Up
program.
(18) “Reach Ahead” means the program established in chapter 12 of this title.
(19) “Reach First” means the program established in chapter 10 of this title.
(20) “Reach Up” means the program administered by the Department that assists and enables
eligible families to become self-sufficient by providing financial assistance and
Reach Up services.
(21) “Reach Up services” means the service component of the Reach Up program consisting
of case management services, support services, and referrals provided to eligible
families to assist them in becoming self-sufficient.
(22) “Relative” means a person related to a dependent child, as defined by the Department
by rule.
(23) “Resources” means any income and property available from whatever source.
(24) “Secretary” means the Secretary of Human Services or his or her designee.
(25) “Subsidized job” means employment for which the employer receives a subsidy from TANF
funds or other public funds to offset some or all of the wages and costs of employing
a participant.
(26) “Temporary Assistance to Needy Families” or “TANF” means the block grant provided
to this State and established in accordance with Part A of Title IV of the federal
Social Security Act, as amended, and the regulations promulgated under the Act by
the U.S. Secretary of Health and Human Services.
(27) “Unable to work” means not able to work and not able to work part time.
(28) “Work activities” means the following activities, limited to the extent and degree
that they are allowed and countable in accordance with Part A of Title IV of the Social
Security Act:
(A) unsubsidized employment;
(B) subsidized private sector employment;
(C) subsidized public sector employment;
(D) work experience (including work associated with the refurbishing of publicly assisted
housing) if sufficient private sector employment is not available;
(E) on-the-job training;
(F) job search and job readiness assistance;
(G) community service programs;
(H) vocational educational training (not to exceed 12 months with respect to any individual);
(I) job skills training directly related to employment;
(J) education directly related to employment, in the case of a recipient who has not received
a high school diploma or a certificate of high school equivalency;
(K) satisfactory attendance at secondary school or in a course of study leading to a certificate
of general equivalence, in the case of a recipient who has not completed secondary
school or received such a certificate;
(L) the provision, consistent with the Department’s rules applicable to self-employment,
of child care services to an individual who is participating in a community service
program;
(M) attendance at a financial literacy class; and
(N) any other work activity recognized in accordance with Part A of Title IV of the Social
Security Act as amended.
(29) “Work-ready” means the participant possesses the education or skills demanded by the
local job market or is capable of participating in one or more work activities at
the level required by the participant’s work requirement, and is not subject to any
barrier. (Added 1967, No. 147, § 4, eff. date, see note below; amended 1969, No. 256 (Adj. Sess.), § 6, eff. April 6, 1970; 1973, No. 152 (Adj. Sess.), §§ 20, 30, 37, eff. April 14, 1974; 1981, No. 108, § 320; 1999, No. 147 (Adj. Sess.), § 4; 1999, No. 147 (Adj. Sess.), § 1, eff. July 1, 2001; 2005, No. 113 (Adj. Sess.), § 2; 2005, No. 174 (Adj. Sess.), § 82; 2007, No. 30, § 2, eff. May 17, 2007; 2013, No. 131 (Adj. Sess.), § 23, eff. May 20, 2014; 2019, No. 72, § E.323.2; 2021, No. 20, § 286; 2021, No. 133 (Adj. Sess.), § 1, eff. January 1, 2024.)
§ 1102. Purpose
(a) The purpose of the Reach Up program is:
(1) to assist families, recognizing individual and unique characteristics, to obtain the
opportunities and skills necessary for self-sufficiency;
(2) to encourage economic independence by removing barriers and disincentives to work
and providing positive incentives to work;
(3) to support parental nurturing;
(4) to support parental responsibility and positive parental role models, both custodial
and noncustodial;
(5) to measure the success of the system by what is best for children;
(6) to improve the well-being of children by providing for their immediate basic needs,
including food, housing, and clothing;
(7) to respect the dignity of individuals and families receiving assistance by providing
employment, education, and other services through social service delivery systems
available to all Vermont residents and by encouraging the private sector to integrate
families receiving assistance into the mainstream of the employment market;
(8) to recognize the challenges facing many families receiving assistance by minimizing
structural financial disincentives to increased earnings and the abrupt termination
of assistance before parents are fully integrated into the employment market;
(9) to conserve State public financial resources by operating the system of aid in a manner
that is efficient and avoids federal fiscal sanctions; and
(10) to conform to the federal TANF law.
(b) The critical elements of developing a program that assists families to attain self-sufficiency
are:
(1) the opportunity and obligation to work for those parents who are physically, emotionally,
and otherwise able to do so;
(2) cooperative and realistic goal-setting, coupled with individualized case management
that addresses each individual’s situation and barriers to self-sufficiency;
(3) rigorous child support collection from noncustodial parents; and
(4) a full range of supportive modalities, including appropriate training, education,
financial assistance, child care, counseling, and transportation. (Added 1993, No. 106 (Adj. Sess.), § 2, eff. Jan. 12, 1994; amended 1999, No. 147 (Adj. Sess.), § 1, eff. July 1, 2001; 2007, No. 30, § 3, eff. May 17, 2007.)
§ 1103. Eligibility and benefit levels
(a) Financial assistance shall be given for the benefit of a dependent child to the relative
or caretaker with whom the child is living, unless otherwise provided. The amount
of financial assistance to which an eligible person is entitled shall be determined
with due regard to the income, resources, and maintenance available to that person
and, as far as funds are available, shall provide that person a reasonable subsistence
compatible with decency and health. The Commissioner may fix by rule maximum amounts
of financial assistance and act to ensure that the expenditures for the programs shall
not exceed appropriations for them consistent with section 101 of this title. In no case shall the Department expend State funds in excess of the appropriations
for the programs under this chapter.
(b) Financial assistance may include the maintenance of one or both parents, if in need
and in the dependent child’s home, or a relative or caretaker with whom a dependent
child is living, if the relative or caretaker is without sufficient means of support.
(c) The Commissioner shall adopt rules for the determination of eligibility for the Reach
Up program and benefit levels for all participating families that include the following
provisions:
(1) Not less than the first $350.00 per month of earnings from an unsubsidized or subsidized
job and 25 percent of the remaining earnings shall be disregarded in determining the
amount of the family’s financial assistance grant. The family shall receive the difference
between countable income and the Reach Up payment standard in a partial financial
assistance grant.
(2) [Repealed.]
(3) Each family development plan shall provide for an incentive payment to be paid to
the participating family for completing a required activity or task.
(4) Education stipends, employment stipends, job training stipends, and incentive payments,
as determined by the Commissioner, shall be excluded in calculating the financial
assistance grant.
(5)(A) The asset limitation shall be $9,000.00 for families for the purposes of determining
initial and continuing eligibility for the Reach Up program, and the following savings
accounts shall not be considered in the calculation for determining the asset limitation:
(i) a retirement account, such as an individual retirement arrangement (IRA), a defined
contribution plan qualified under 26 U.S.C. § 401(k), or any similar account as defined in 26 U.S.C. § 408; and
(ii) a qualified child education savings account, such as the Vermont Higher Education
Investment Plan, established in 16 V.S.A. § 2877, or any similar plan qualified under 26 U.S.C. § 529.
(B) The value of assets accumulated from the earnings of adults and children in participating
families and from any federal or Vermont earned income tax credit shall be excluded
for purposes of determining continuing eligibility for the Reach Up program.
(6) Transitional medical assistance of up to 36 months shall be provided to families with
a working adult who becomes ineligible for financial assistance due to increased earnings,
unless family income exceeds 185 percent of the federal poverty level, and provided
that federal financial participation is available for such transitional medical assistance.
(7) The equity value of one operable motor vehicle for each adult in the family and the
equity value of one operable motor vehicle for any child of driving age who needs
a vehicle to attend school or work shall be excluded for purposes of determining eligibility
for the Reach Up program. The Commissioner shall take all steps necessary to retain
current resource protections under the Supplemental Nutrition Assistance Program (SNAP)
so that the rules under SNAP and the Reach Up program are compatible.
(8) An individual domiciled in Vermont shall be exempt from the disqualification provided
for in 21 U.S.C. § 862a.
(9) [Repealed.]
(d) In determining eligibility and benefit levels for two-parent participating families,
the Commissioner shall:
(1) Allow two-parent families with earned income who would otherwise qualify for assistance
to receive financial assistance, regardless of the number of hours worked, and supplement
their earnings with partial financial assistance and medical assistance.
(2) Eliminate the requirements for two-parent families that the primary worker must have
worked at least six quarters and be unemployed for at least 30 days. It is the intent
of this subdivision that two-parent and one-parent families receive financial assistance
under more similar rules.
(e) In determining eligibility and benefit levels for parents who are under 18 in participating
families, the Commissioner shall:
(1) Require parents who are under 18 to attend school or an appropriate alternative education
or training activity.
(2) Ensure that the family development plan of a parent who is under 18 includes a requirement
to take part in a case-managed support, education, and training program.
(3) Adopt rules, which shall include appropriate exemptions, requiring parents who are
under 18 and who are not emancipated minors in accordance with 12 V.S.A. § 7151 to live with a parent or in an approved supervised living arrangement. The sanctions
provided for noncompliance with a Reach Up family development plan requirement under
section 1116 of this title shall apply to noncompliance with the rules adopted under this subdivision.
(4) Allow parents who are under 18 and who live with their parents to have their eligibility
for the Reach Up program and the amount of their financial assistance grant determined
without consideration of their parents’ income.
(f) The Commissioner shall disregard not less than $100.00 per month of child support
payments in determining eligibility and benefit levels for participating families.
(g) The Commissioner shall use the family composition rules applicable to the welfare
demonstration project established pursuant to 1994 Acts and Resolves No. 106 in determining
eligibility and benefit levels for a financial assistance grant.
(h) The Department shall offer every eligible family the option of electronic or direct
payment of financial assistance for the family’s housing or other expenses to the
person providing the lodging, utilities, or other service as provided for by rule. (Added 1967, No. 147, § 4; amended 1973, No. 152 (Adj. Sess.), § 21, eff. April 14, 1974; 1999, No. 147 (Adj. Sess.), § 1, eff. July 1, 2001; 2005, No. 113 (Adj. Sess.), § 1; 2007, No. 30, § 4, eff. May 17, 2007; 2009, No. 1 (Sp. Sess.), § E.323; 2013, No. 131 (Adj. Sess.), § 24, eff. May 20, 2014; 2013, No. 198 (Adj. Sess.), § 1, eff. July 1, 2015; 2015, No. 58, § E.323; 2015, No. 172 (Adj. Sess.), § E.323.2; 2017, No. 29, § 2; 2017, No. 109 (Adj. Sess.), § 1; 2019, No. 72, § E.323.1; 2021, No. 74, § E.323.1; 2021, No. 133 (Adj. Sess.), § 2, eff. January 1, 2024.)
§ 1104. Abandonment or desertion; reporting
Immediately upon granting assistance for the benefit of a dependent child who has
been abandoned or deserted by a parent, the Commissioner shall give notice to the
appropriate prosecuting officer charged with the duty of enforcing laws relating to
the abandonment or desertion of children or minors. (Added 1967, No. 147, § 4; amended 1999, No. 147 (Adj. Sess.), § 1, eff. July 1, 2001; 2013, No. 131 (Adj. Sess.), § 25, eff. May 20, 2014.)
§ 1105. Child support payments
(a) A financial assistance case shall not be closed until child support payments, minus
the first $100.00 per month in such payments received on behalf of the family, in
combination with other countable income, have exceeded the financial assistance payment
standard in 12 consecutive calendar months.
(b) Notwithstanding any other provision of law, if financial assistance to a participating
family is terminated due to receipt of child support, minus the first $100.00 per
month in such payments, that in combination with other countable income is in excess
of the financial assistance cash payment standard, and the family again becomes eligible
for financial assistance within the following 12 calendar months solely because the
family no longer receives excess child support, financial assistance shall be paid
as of the date of the family’s reapplication. (Added 1993, No. 106 (Adj. Sess.), § 2, eff. Jan. 12, 1994; amended 1999, No. 147 (Adj. Sess.), § 1, eff. July 1, 2001; 2007, No. 30, § 5, eff. May 17, 2007; 2021, No. 133 (Adj. Sess.), § 3, eff. January 1, 2024.)
§ 1106. Required services to participating families
(a) The Commissioner shall provide participating families case management services, periodic
reassessment of service needs and the family development plan, and referral to any
agencies or programs that provide the services needed by participating families to
improve the family’s prospects for job placement and job retention, including the
following:
(1) Appropriate child care, available at times that will enable employment or participation
in services indicated by the participating family’s family development plan. As used
in this subdivision, “appropriate child care” shall not include:
(A) child care that the Department classifies as legally exempt child care, and that a
parent or caretaker determines to be unacceptable; and
(B) child care that the Department classifies as either a registered family child care
home or a licensed child care facility, and that a parent or caretaker determines
to be unacceptable when such determination is confirmed by the Department.
(2) Transportation that will enable employment or participation in services indicated
by the participating family’s family development plan.
(3) Career counseling, education, and training, job search assistance, and postsecondary
education consistent with the purposes of this chapter.
(4) Vocational rehabilitation.
(5) Medical assistance.
(6) Homelessness prevention and housing assistance. For homeless families, housing search
is a “job-readiness assistance activity” as long as consistent with the Department’s
rules.
(7) Family planning education and counseling.
(8) Assistance with obtaining documentation of an apparent or claimed physical, emotional,
or mental condition that reasonably can be presumed to limit or eliminate the individual’s
capacity to engage in employment or other work activity.
(9) Services for teen parents through the teen parent education program established in
cooperation with the Agency of Education.
(10) Any other services identified in the family development plan and determined by the
Commissioner to be necessary and appropriate to achieve the purposes of this chapter.
(b) The Commissioner shall provide specialized case management services to families no
later than four months after a family’s financial assistance grant has been reduced
as a result of a sanction under section 1116 of this title. The specialized case management shall be provided through a performance-based contract
in order to intervene in the family’s situation with the goal of compliance with an
appropriate family development plan or work requirements as required under sections
1112 and 1113 of this title. The contract may be performed by another department within the Agency or by a community-based
organization. If, after two months, a family fails to participate in specialized case
management, case management shall resume through Reach Up. (Added 1999, No. 147 (Adj. Sess.), § 1, eff. July 1, 2001; amended 2007, No. 30, § 6, eff. May 17, 2007; 2009, No. 146 (Adj. Sess.), § C12; 2013, No. 92 (Adj. Sess.), § 291, eff. Feb. 14, 2014; 2015, No. 172 (Adj. Sess.), § E.323.3.)
§ 1107. Case management; family development plans; coordinated services
(a)(1) The Commissioner shall provide all Reach Up services to participating families through
a case management model informed by knowledge of the family’s goals and aspirations,
circumstances, home, community, employment, and available resources. Services may
be delivered in the district office, the family’s home, or the community in a way
that facilitates progress toward accomplishment of the family development plan consistent
with research on best practices. Case management may be provided to other eligible
families. The case manager and family together shall create a family development plan
for each participating family, with a right of appeal as provided by section 1132 of this title. A case manager shall be assigned to each participating family as soon as the family
begins to receive financial assistance. If administratively feasible and appropriate,
the case manager shall be the same case manager the family was assigned in the Reach
First program.
(2) Each case manager shall utilize a universal engagement model that aims to engage each
participating family, to the best of their ability, in improving the family’s social,
emotional, and economic well-being. The universal engagement model approaches work
and workforce development as a continuum in which each participating adult who is
able participates in work or the process of preparing for work, participates in training
and education, and increases the participating family’s income. A participating adult
who is unable to participate due to extenuating personal or family challenges shall
be excused from the program participation requirements until able to participate,
in accordance with criteria established by rule pursuant to 3 V.S.A. chapter 25.
(3) The case manager shall meet with each participating family following any statutory
or rule changes affecting the amount of the earned income disregard, asset limitations,
or other eligibility or benefit criteria in the Reach Up program to inform the family
of the changes and advise the family about ways to maximize the opportunities to achieve
earned income without a corresponding loss of benefits.
(b) The case manager shall establish a schedule for periodic review of the family development
plan. In addition, the case manager shall review, and modify if necessary, the plan
in the following circumstances:
(1) there is a lack of satisfactory progress in achieving the goals of the plan;
(2) the parent or caretaker has lost unsubsidized or subsidized employment;
(3) a family member has failed to comply with a family development plan requirement or
a work requirement;
(4) services required by the plan are unavailable;
(5) at least 30 days prior to when the parent or caretaker would become work-ready or
would otherwise be deemed work-ready on the basis of 12-cumulative-month receipt of
financial assistance;
(6) a deferment or modification of the work requirements imposed by section 1113 of this title has been requested or is due for review;
(7) within 30 days of when the parent or caretaker has started an unsubsidized or subsidized
job; or
(8) changes to the plan are needed to protect the well-being of the children.
(c) The Commissioner shall adopt rules, consistent with research on best practices, establishing
maximum caseloads for case managers.
(d) The Secretary of Education, with the assistance and support of the Commissioner for
Children and Families, the Commissioner of Disabilities, Aging, and Independent Living,
and the Commissioner of Labor, shall develop and implement comparable and reciprocally
recognized literacy assessment protocols that will be used for all clients seeking
adult education and literacy services; related services of the Agency of Education;
or the services of the Department of Disabilities, Aging, and Independent Living,
the Department of Labor, or the Department for Children and Families, when such services
are being sought for the purpose of developing or strengthening competencies or skills
related to the clients’ current or future employment. Such protocols shall, to the
extent practicable, utilize the same terminology and apply comparable criteria, consistent
with individual program purposes and authorization, in determining when testing, other
standardized measurement tools, or referrals to relevant professionals for evaluation
or diagnosis are appropriate.
(e) The Secretary shall work cooperatively with public and private, local, and regional
entities:
(1) to develop subsidized jobs with employers, using the same health and safety standards
in effect for unsubsidized jobs;
(2) to develop work placements that incorporate an adult education and literacy component
into the hours of work for participants who need to continue to work on their secondary
education while fulfilling their work requirement;
(3) to adopt rules that set priorities for services of benefit to the people of Vermont
and that prevent displacement of previous unsubsidized workers by subsidized Reach
Up program participants; and
(4) to ensure that necessary support services are available, appropriate, and within a
reasonable distance, including child care, health care, and transportation.
(f) The Secretary shall:
(1) work with community providers to develop and maintain an adequate number and variety
of supervised living alternatives designed to meet the individual needs of parents
who are under 18;
(2) work with community providers to develop and maintain parenting, training, and education
options for parents who are under 18;
(3) establish and maintain an information program to enable parents to learn about and
take advantage of benefits and services that are available to parents who work outside
the home;
(4) increase public awareness of the federal and State earned income tax credits, and
encourage families who may be eligible to apply for such tax credits; and
(5) in partnership with the Human Resources Investment Council, develop and maintain one
or more job training and employment programs for noncustodial parents to encourage
long-term economic self-sufficiency and, by extension, their ability to pay child
support. (Added 1999, No. 147 (Adj. Sess.), § 1, eff. July 1, 2001; amended 1999, No. 147 (Adj. Sess.), § 4; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006; 2005, No. 174 (Adj. Sess.), § 83; 2007, No. 30, § 7, eff. May 17, 2007; 2013, No. 50, § E.323; 2013, No. 92 (Adj. Sess.), § 292, eff. Feb. 14, 2014; 2013, No. 131 (Adj. Sess.), § 26, eff. May 20, 2014; 2013, No. 198 (Adj. Sess.), § 2; 2017, No. 109 (Adj. Sess.), § 2; 2021, No. 133 (Adj. Sess.), § 4, eff. January 1, 2024.)
§ 1108. Limits on family financial assistance
(a) Except for grants to children in the care of persons other than their parents, only
participating families who have received fewer than 60 cumulative months of financial
assistance in which the family was not granted a deferment, including those months
in which any type of cash assistance funded by a TANF block grant was received in
other states or territories of the United States, shall be eligible for benefits under
the Reach Up program.
(b) The Department shall not count toward the Reach Up program’s cumulative 60-month lifetime
eligibility period any months in which:
(1) the participant is not able to work;
(2) the participant is a parent or caretaker who is caring for a child under one year
of age, in accordance with criteria established by rule pursuant to 3 V.S.A. chapter 25;
(3) the participant is affected by domestic violence in accordance with criteria established
by rule pursuant to 3 V.S.A. chapter 25; and
(4) the participant is needed in the home on a full-time basis to care for an ill or disabled
parent, spouse, or child in accordance with criteria established by rule pursuant
to 3 V.S.A. chapter 25.
(c) The cumulative 60-month lifetime eligibility period shall not begin to toll until
the parent or parents of a participating family have reached 18 years of age.
(d) Notwithstanding subsection (a) of this section, a participating family that does not
meet any of the criteria under subsection (b) of this section and that has exceeded
the cumulative 60-month lifetime eligibility period set forth in subsection (a) of
this section shall qualify for a hardship exemption that allows the adult member of
the participating family to continue to receive financial assistance if the participating
adult is engaged in any of the work activities listed in subdivision 1101(2) of this
chapter, with the exception of subdivision 1101(2)(L) of this chapter.
(e) A participating family that does not qualify for a hardship exemption pursuant to
subsection (d) of this section may be eligible to continue receiving benefits under
the Reach Up program if the program director, or the program director’s designee,
determines, on a monthly basis, that the participating adult is actively participating
in the universal engagement model, including the process of planning and engaging
in goal achievement related to employment, training, education, and addressing obstacles
pursuant to subsection 1113(a) of this chapter. (Added 1999, No. 147 (Adj. Sess.), § 1, eff. July 1, 2001; amended 2007, No. 30, § 8, eff. May 17, 2007; 2013, No. 50, § E.323.1, eff. May 1, 2014; 2015, No. 172 (Adj. Sess.), § E.323; 2021, No. 133 (Adj. Sess.), § 5, eff. January 1, 2024.)
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Subchapter 002: REACH UP PROGRAM FAMILY DEVELOPMENT PLAN AND WORK REQUIREMENTS
§ 1112. Family development plan requirements
(a)(1) Each participating adult in a family applying for or receiving financial assistance
shall comply with each Reach Up family development plan requirement provided for in
the family development plan, unless good cause exists for such noncompliance as defined
by the Commissioner by rule.
(2) The process of developing a family development plan shall include planning and engaging
in goal achievement related to employment, training, and education; addressing obstacles
to employment; following through with established steps to achieve goals; reviewing
and revising goals as necessary; and setting new goals as each existing goal is achieved.
(b) The family’s receipt of the full financial assistance amount allowable and avoidance
of fiscal sanctions are contingent on the participating adult assisting in the development
of his or her family development plan and engaging in the family development plan
activities for the number of hours per week that the activities are scheduled and
available, unless good cause exists for not doing so as defined by the Commissioner
by rule. (Added 1999, No. 147 (Adj. Sess.), § 1, eff. July 1, 2001; amended 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006; 2007, No. 30, § 9, eff. May 17, 2007; 2021, No. 133 (Adj. Sess.), § 6, eff. January 1, 2024.)
§ 1113. Employment preparation, readiness, and participation
(a) Each participating adult in a family receiving a financial assistance grant shall
participate in the process of planning and engaging in goal achievement. These goals
may be related to family well-being, financial stability, employment, training, education,
and addressing obstacles to employment. Participating families shall participate in
establishing goals and steps to achieve goals, reviewing and revising goals as necessary,
and setting new goals as each goal is achieved.
(b) Program participation requirements shall become effective as soon as the participating
adult becomes eligible for financial assistance.
(c) A participating adult may meet program participation requirements, including the following
activities, through one or a combination of work, education, training, and other activities
that address the family’s goals and well-being:
(1) employment, either full-time or part-time;
(2) activities that develop and enhance the skills employers need their employees to have
in the workplace, including:
(A) career-specific training programs;
(B) English language learning;
(C) literacy and math skill courses; or
(D) credential programs;
(3) entrepreneurship and business development;
(4) job search and career exploration, including:
(A) engaging in work experience; or
(B) participating in job shadow opportunities;
(5) education, including obtaining:
(A) a high school diploma;
(B) technical training and vocation education; or
(C) career-specific education;
(6) building foundations for employment, including:
(A) housing search efforts;
(B) arranging transportation; or
(C) arranging child care;
(7) activities aimed at improving family and financial well-being, including:
(A) financial capability classes and coaching;
(B) mental health treatment;
(C) treatment for substance use disorder;
(D) working with children’s health and school professionals;
(E) applying for Supplemental Security Income; or
(F) working with the Division of Family Services; or
(8) any other activity designated by the Commissioner in accordance with criteria established
in rule pursuant to 3 V.S.A. chapter 25.
(d) A participating adult shall be deemed to meet the program participation requirements
if the adult is participating in activities that lead to employment based on goal
setting and active universal engagement.
(e) Notwithstanding any other provision of this chapter, unpaid work activities that are
not primarily education, job search, job readiness, or training activities shall not
exceed the levels established by the Fair Labor Standards Act. Adjustments required
to conform with the Fair Labor Standards Act shall be made pursuant to calculation
standards established by the Commissioner by rule. (Added 1999, No. 147 (Adj. Sess.), § 1, eff. July 1, 2001; amended 2007, No. 30, § 10, eff. May 17, 2007; 2013, No. 131 (Adj. Sess.), § 27, eff. May 20, 2014; 2017, No. 109 (Adj. Sess.), § 3; 2021, No. 133 (Adj. Sess.), § 7, eff. January 1, 2024.)
§ 1114. Deferments, modifications, and referral
The program participation requirements established in section 1113 of this chapter
shall be deferred when:
(1) a participating adult is 60 years of age or older;
(2) a participating adult is caring for a child under six weeks of age;
(3) a participating adult for whom, due to the effects of domestic violence, engaging
in the program participation requirements can be reasonably anticipated to result
in serious physical or emotional harm to the participating adult or participating
adult’s child; or
(4) any other participant designated by the Commissioner in accordance with criteria established
by the Commissioner in rule pursuant to 3 V.S.A. chapter 25. (Added 1999, No. 147 (Adj. Sess.), § 1, eff. July 1, 2001; amended 2007, No. 30, § 11, eff. May 17, 2007; 2013, No. 50, § E.323.2, eff. May 28, 2013; 2013, No. 179 (Adj. Sess.), § E.321.2; 2017, No. 109 (Adj. Sess.), § 4; 2021, No. 133 (Adj. Sess.), § 8, eff. July 1, 2022; 2021, No. 133 (Adj. Sess.), § 8a, eff. January 1, 2024.)
§ 1115. Obligation to fund services; good cause
(a) A participant’s family development plan requirement under section 1112 of this title and work requirement under section 1113 of this title shall be deferred when the case management services, training and educational services,
and the family support services identified in the participant’s family development
plan are unavailable for reasons beyond the control of the participant, including
when monies appropriated are not sufficient to provide such services.
(b) No family who has been determined to be eligible for child care services pursuant
to section 3512 of this title shall be displaced from or denied receipt of such services because the requirements
of this chapter result in additional participating families applying for and receiving
financial assistance for such child care services.
(c) Services related to child care that are provided to two-parent families in which both
parents are able-bodied and who are determined to be eligible for services pursuant
to section 3512 of this title shall be paid from nonfederal funds.
(d) The Commissioner shall design the Reach Up program so that it provides access to a
full array of services to participating families identified by their family development
plans within the funds appropriated by the General Assembly.
(e) The Commissioner shall establish good cause rules for temporary or unexpected conditions
or circumstances beyond the control of the participating parent that result in a parent’s
inability to participate in a Reach Up family development plan requirement, to participate
in a work requirement, or to accept or retain employment. (Added 1999, No. 147 (Adj. Sess.), § 1, eff. July 1, 2001.)
§ 1116. Sanctions
(a) The financial assistance grant of a participating family shall be reduced, in accordance
with the provisions of this section, if a participating adult does not engage, without
good cause, with the family development plan or program participation requirements
in sections 1112 and 1113 of this title.
(b) Prior to the reduction in a family’s financial assistance grant resulting from a sanction
imposed under this section, the Department shall provide an independent review of
the participant’s circumstances and the basis for the participant’s nonengagement.
The Commissioner or the Commissioner’s designee shall perform the review.
(c)(1) For a first, second, and third month in which a participating adult is not engaged
with a family development plan or program participation requirements and has not demonstrated
good cause for such nonengagement, the family’s financial assistance grant shall be
reduced by the amount of $75.00.
(2) For the fourth and any subsequent month not subject to the reduction required by subsection
(e) of this section in which a participating adult is not engaged with a family development
plan or program participation requirements and has not demonstrated good cause for
such nonengagement, the family’s financial assistance grant shall be reduced by the
amount of $150.00 for each adult sanctioned.
(d) A participant may cure a sanction by engaging with the Department’s rules. During
the first 60 months of the family’s receipt of financial assistance, a participating
adult may have all previous sanctions forgiven by demonstrating 12 consecutive months
of compliance with family development plan requirements or work requirements or any
combination of the two. Subsequent acts of noncompliance after a sanctioned adult
has completed a successful 12-month sanction forgiveness period will be treated in
accordance with subdivisions (c)(1) and (2) of this section without consideration
of the sanctions that have been forgiven.
(e) [Repealed.]
(f)(1) Under no circumstances during the first six months that a family’s grant is reduced
due to fiscal sanctions imposed pursuant to subsection (c) of this section shall the
grant be reduced to less than an amount that in combination with the family’s other
countable income is less than the family’s actual incurred housing costs up to the
applicable maximum housing allowance.
(2) The Commissioner shall provide the housing costs by electronic or direct payment to
the person to whom housing costs are owed. Any balance of financial assistance remaining
after the electronic or direct payment has been deducted shall be paid in two payments,
the first to be paid within the first half of the calendar month and the second to
be paid within the second half of the calendar month.
(g) The financial assistance grant of a family that has been subject to a fiscal sanction
for more than six cumulative months shall be reduced in accordance with the full sanction
amounts and without any consideration of the housing costs protection established
in subsection (f) of this section. This section shall not apply if the family, after
the fiscal sanction period of more than six months, has an intervening period of no
less than 36 months before another fiscal sanction and spends those months in a state
of program compliance, grant closure, or any combination of the two.
(h) To receive payments during the fiscal sanction period, an adult who is the subject
of the sanction shall meet not less than once each month to report the adult’s circumstances
to the case manager or to participate in assessments as directed by the case manager.
In addition, this meeting shall be for initial assessment and development of the family
development plan when such tasks have not been completed and reassessment or review
and revision of the family development plan, if appropriate.
(i) [Repealed.] (Added 1999, No. 147 (Adj. Sess.), § 1, eff. July 1, 2001; amended 2007, No. 30, §§ 12, 13, eff. May 17, 2007; 2009, No. 156 (Adj. Sess.), §§ E.323.1, E.323.2; 2011, No. 63, §§ C.105, C.105.1, eff. June 2, 2011; 2013, No. 50, § E.323.4, eff. May 1, 2014; 2013, No. 131 (Adj. Sess.), § 28, eff. May 20, 2014; 2015, No. 23, § 53; 2021, No. 133 (Adj. Sess.), § 9, eff. January 1, 2024.)
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Subchapter 003: SEPARATE STATE PROGRAMS
§ 1121. Authorization to segregate State funds and create separate State and solely State-funded
programs
(a) Consistent with the purposes of this chapter, the Commissioner shall structure payment
of appropriated TANF funds, State “maintenance of effort” funds, and general funds
to create separate State and solely State-funded programs to aid families eligible
for the financial assistance. For purposes of this chapter:
(1) “Separate State program” means a program in which State funds are used to fund the
program, and these funds are counted toward the State’s maintenance-of-effort requirement
under TANF.
(2) “Solely State-funded program” means a program in which State funds are used to fund
the program and are not counted toward the State’s maintenance-of-effort requirement
in order to maintain flexibility.
(b) The Commissioner shall establish by rule standards, requirements, and criteria for
the administration of any program established pursuant to this section that requires
rules different from the financial assistance program.
(c) Programs and payment structures created pursuant to this section shall accomplish
one or more of the following purposes:
(1) to provide work supports and assistance to working families while preserving their
ability to receive financial assistance beyond the federal TANF 60-month lifetime
limit;
(2) to foster parental nurturing of children in their own homes;
(3) to stabilize families in crisis;
(4) to preserve financial assistance options beyond the federal TANF 60-month lifetime
limit for families addressing multiple issues relating to self-sufficiency;
(5) to preserve eligibility for financial assistance for certain parents who are under
18 and legal aliens whom federal law makes ineligible for TANF-funded assistance;
or
(6) to ensure that the State complies with the federal TANF program requirements and is
able to avoid federal fiscal sanctions.
(d)(1) The following solely State-funded programs shall be established, in accordance with
rules adopted by the Commissioner:
(A) the Postsecondary Education Program established under section 1122 of this title;
(B) a program for families with a single parent, a caretaker, or two parents with one
parent who is able-to-work-part-time or unable-to-work that have a primary caretaker
of a child under 24 months of age who chooses pursuant to subsection 1114(b) of this title to defer the work requirement and to remain at home caring for the child, provided
that the deferment is limited to any 24 months over the primary caretaker’s lifetime,
and the elimination of such work requirement is not a State option under TANF; and
(C) a program for the following vulnerable families:
(i) a minor parent who is not meeting the TANF requirements; and
(ii) families who have received TANF-funded assistance for over 60 months and do not qualify
for the hardship exemption as provided for by rule.
(2) Solely State-funded programs may be established, in accordance with rules adopted
by the Commissioner, for the following individuals:
(A) families in which the parents or caretakers are ineligible immigrants, who are considered
work-eligible under federal law but are unable to meet the number of hours in work
activities required for the family to be counted as meeting the work requirement under
federal law;
(B) adults who have been in sanction for more than three months;
(C) families in which the parents have disabilities;
(D) families in which one or more child has a disability and in which a family member
is considered a work-eligible individual;
(E) families in which the parents or caretakers have an application pending for Supplemental
Security Income; and
(F) two-parent households who are unable to meet the number of hours in work activities
required for the family to be counted as meeting the work requirement under federal
law, unless the federal law allows the State to exclude these families from the work
participation rate or provides for an achievable work participation rate as determined
by the Commissioner.
(e) The Reach Ahead program shall be a separate State program structured to pay appropriated
State maintenance of effort funds to families in which the parent or caretaker is
engaged in employment for the number of hours that meets the applicable TANF participation
rate requirement.
(f) The Commissioner may establish other separate State and solely State-funded programs
necessary to meet the goals established in this chapter.
(g)(1) Any family receiving or applying for Reach Up financial assistance who is being referred
by the Department to apply for or who is applying for Supplemental Security Insurance
(SSI) or aid to the aged, blind, or disabled (AABD) under chapter 13 of this title
shall authorize the Department to reimburse the State for the amounts described in
subdivision (2) of this subsection from any initial SSI payment owed the individual
that includes SSI payment for retroactive amounts. The family shall authorize the
Social Security Administration to send the initial SSI payment directly to the Department.
The Department may require an individual to sign a recovery of financial assistance
agreement as authorization.
(2) The Department may deduct an amount equal to the State-funded Reach Up financial assistance
paid to the family for the needs of the SSI applicant during the period or periods
in which the family received Reach Up financial assistance paid for with State funds.
The deduction shall be for no more than the prorated portion of Reach Up financial
assistance provided for those family members receiving SSI who are included in the
SSI grant. The Department shall send any remainder due to the family within 10 days
of receiving the payment from the Social Security Administration.
(h) In furtherance of the policy goals of this section and in order to establish an excess
of maintenance-of-effort State funds, the Commissioner shall maximize maintenance-of-effort
State funds in the reports to the U.S. Administration for Children and Families. (Added 1999, No. 147 (Adj. Sess.), § 1, eff. July 1, 2001; amended 2007, No. 30, § 14, eff. May 17, 2007; 2009, No. 67 (Adj. Sess.), § 91, eff. Feb. 25, 2010; 2011, No. 63, § E.323.)
§ 1122. Postsecondary Education Program
(a) The Commissioner shall establish by rule a solely State-funded program to provide
financial assistance equivalent to the Reach Up financial assistance amount the family
would receive if it were participating in the Reach Up program and support services
to enable parents in eligible families to pursue undergraduate postsecondary degrees
in fields directly related to employment.
(b) The Program authorized by this section shall be administered by the Commissioner or
by a contractor designated by the Commissioner. The Program shall be supported with
funds other than federal TANF block grant funds provided under Title IV-A of the Social
Security Act, except that the Commissioner may fund financial assistance grants and
support services of families participating in the Postsecondary Education Program
with TANF block grant or State maintenance of effort funds when a participating parent’s
educational activities are a countable work activity under federal law and when it
will further one or more of the purposes in subdivision 1121(c)(1) of this title.
(c) Financial eligibility for the Program and the amount of financial assistance shall
be determined using Reach Up financial assistance rules. The Commissioner may use
Reach Up rules for the Postsecondary Education Program with the exception of rules
inconsistent with this section or related to the work requirements.
(d) To be financially eligible to participate in the Postsecondary Education Program,
the family’s gross income minus a participating parent’s earnings shall not exceed
150 percent of the federal poverty level for the appropriate family size.
(e) All financially eligible families who apply to participate in the Postsecondary Education
Program shall be considered for admission, provided that they meet all of the following
criteria:
(1) [Repealed.]
(2) [Repealed.]
(3)(A) A participating parent has not already received a postsecondary undergraduate degree.
(B) A participating parent has already received a postsecondary undergraduate degree,
and the occupations for which it prepared that participating parent are obsolete.
(C) A participating parent, due to a disability, is no longer able to perform the occupations
for which the degree prepared that participating parent.
(D) The preparation for occupations that a participating parent received through the postsecondary
undergraduate degree is outdated and not marketable in the current labor market.
(4) A participating parent shall be a matriculating student in a two-year or four-year
degree program as provided for in the postsecondary education plan.
(5) A participating parent has been determined to be eligible for financial assistance
from the Vermont Student Assistance Corporation and can demonstrate the ability to
cover tuition costs.
(6) A participating parent agrees to limit employment to not more than 20 hours per week
when school is in session. The Department may establish exceptions by rule to allow
a participating parent to work more than 20 hours per week.
(7) The family and a participating parent maintain financial eligibility for the Program
and uninterrupted residency in Vermont for the duration of participation in the Postsecondary
Education Program.
(8) A participating parent maintains good academic standing at the college.
(f) Participation in the Program authorized by this section may be denied to parents meeting
the eligibility criteria if Program funds are insufficient to allow all eligible applicants
to participate. When funds are insufficient to allow all eligible applicants to participate,
priority shall be given to those individuals who:
(1) have demonstrated the ability to be successful in college, have already accumulated
credits that can be applied to a college degree, and qualify for financial assistance;
(2) have no postsecondary education and qualify for financial assistance;
(3) have demonstrated the ability to be successful in college, have already accumulated
credits that can be applied to a college degree, and qualify for services but not
financial assistance;
(4) have no postsecondary education and qualify for services but not financial assistance.
(g) Continued participation in the Postsecondary Education Program is contingent on the
participating parent:
(1) maintaining compliance with all program criteria in subsections (d) and (e) of this
section; and
(2) remaining a member in good standing of the college and making progress toward a degree.
(h) For the purposes of this section:
(1) “Full-time” means 40 hours per week or a position requiring no fewer than 35 hours
of work per week that the employer defines as full-time.
(2) “Parent” means a biological parent, stepparent, or adoptive parent who has custody
of and resides with a dependent minor child.
(i) The Department shall offer written and verbal information pertaining to postsecondary
education to an appropriate Reach Up participant based on the participant’s assessment. (Added 1999, No. 147 (Adj. Sess.), § 1, eff. July 1, 2001; amended 2007, No. 30, § 15, eff. May 17, 2007; 2009, No. 156 (Adj. Sess.), § E.323.3; 2013, No. 50, § E.323.5; 2021, No. 133 (Adj. Sess.), § 10, eff. January 1, 2024.)
§ 1123. Vermont Matched Savings Program
(a) As used in this section:
(1) “Account” means a savings account that is held in an insured financial institution
that is maintained by the saver as part of an approved account program and an approved
savings plan.
(2) “Agency” means the Agency of Human Services.
(3) “Approved account program” means a program approved by the Agency and administered
by a service provider.
(4) “Approved savings plan” means a plan, approved by the service provider and agreed
to by the saver, that defines savings goals, program requirements, and anticipated
uses of the savings and matching funds. The plan shall be a contract between the saver
and the service provider. The plan shall limit the maximum amount of savings that
is the basis for receipt of matching funds to no more than $500.00 per saver per calendar
year and $1,000.00 per family per calendar year, and to no more than $2,000.00 per
lifetime of the saver and $4,000.00 per lifetime of members of a family.
(5) “Education” means a postsecondary program of instruction approved by the service provider
and provided by a college, university, community college, area vocational technical
school, professional institution, or specialized college or school legally authorized
to grant degrees. The term also means any job training or related educational program
approved by the service provider.
(6) “Eligible uses” means education, training that leads to employment, the purchase or
improvement of a home, the purchase or repair of a vehicle necessary to participate
in an employment-related activity, or participation in or development of an entrepreneurial
activity.
(7) “Entrepreneurial activity” means the purchase of or investment in a for-profit venture
in which the saver will be a principal.
(8) “Financial institution” means any insured federal or State chartered bank, bank and
trust company, savings bank, savings and loan association, trust company, or credit
union, approved by the service provider for the establishment of an individual development
savings account.
(9) “Fund” means the Vermont Matched Savings Grant Special Fund established by this section.
(10) “Minimum savings amount” means the minimum amount of the saver’s earnings established
in the approved savings plan that the saver must deposit in order to be eligible for
matching funds.
(11) “Program” means the Vermont Matched Savings Program established by this section.
(12) “Public assistance” means financial assistance provided by the Reach Up program or
a separate State program established under the authority of section 1121 of this title.
(13) “Saver” means an individual who is 18 years of age or older, or who is under 18 years
of age if the account is held in the name of a parent or caretaker of the saver, or
a family group:
(A) who resides in this State;
(B) who has applied for and been enrolled in the individual development savings program;
(C) whose household income at the time of application is within the applicable financial
eligible standards:
(i) to receive public assistance;
(ii) to claim the federal earned income credit, without regard to any age limitation; or
(iii) to participate in a federal savings program administered pursuant to this section;
and
(D) whose net worth as of the calendar year preceding the determination of eligibility
does not exceed $10,000.00, excluding the primary dwelling unit, one motor vehicle
owned by members of the saver’s family in a one-parent family or two motor vehicles
owned by members of the saver’s family in a two-parent family, and the tools of saver’s
trade that do not exceed $10,000.00 in value and that are necessary to continue or
seek employment.
(14) “Service provider” means a nonprofit organization approved by the Agency that encourages
and assists local community-based human service development, and that is an organization
described in Section 501(c)(3) of the Internal Revenue Code of the United States that is exempt from taxation under Section 501(a) of such Code.
(b) The Agency shall establish by rule standards and procedures to implement and administer
the Vermont Matched Savings Program. The Program may include a program with eligibility
criteria that satisfy federal funding requirements or the requirements of other funding
sources that are more restrictive than those established in subsection (a) of this
section, and a program funded by State appropriations and other revenue. Such standards
and procedures shall include the following:
(1) An applicant shall apply to a service provider for a determination of eligibility
for enrollment in the Program. The service provider shall develop an approved savings
plan with each saver who has been determined eligible and enrolled in the Program.
The approved savings plan shall specify a minimum savings amount to be saved and the
frequency of deposits to be made by the saver to the savings account during the duration
of the plan. The application and plan shall be prepared on forms provided and approved
by the service provider.
(2) The enrolled saver shall complete a financial management training program approved
by the Agency and provided by or through the service provider.
(3) An enrolled saver shall open an account in a financial institution that has been approved
by the service provider as a depository for the saver’s contributions. The saver and
the service provider shall jointly own the account, including interest earned, jointly,
with the saver as primary owner.
(4) An enrolled saver with an approved plan and account monitored by a service provider
shall comply with the requirements of the plan for at least one year, but no more
than five years, in order to be eligible for matching fund grants.
(5) In order to obtain matching funds, the saver shall present evidence satisfactory to
the service provider that the amount to be withdrawn will be expended only for an
eligible use. A withdrawal from an account for an eligible use shall be made payable
to the person who provides the eligible use. The Agency, or the Vermont Student Assistance
Corporation pursuant to 16 V.S.A. § 2878a, shall pay matching funds to the person that provides the eligible use. Matching
funds shall not be paid to the saver.
(6) The service provider may terminate an approved savings plan for a saver who fails
to meet the savings goals set out in the approved plan or who withdraws from the Program,
in accordance with standards and procedures established by rule by the Agency. Any
funds contributed by the saver shall revert to the sole ownership of the saver, to
be used by the saver for any purpose. Funds in accounts created pursuant to a Vermont
Higher Education Savings Plan shall be subject to the provisions of the Plan’s participation
agreement.
(7) The Agency shall monitor Program participation, and shall limit additional Program
participation when the funds appropriated to carry out the purposes of this section
are not sufficient to support additional approved savings plans.
(8) The Agency shall establish by rule any other standards and procedures necessary or
desirable to implement the Vermont Matched Savings Program, including minimum requirements
for approval of savings plans, criteria for training and counseling, reporting requirements
for participating financial institutions, and matching fund allocation standards.
(c)(1) The Vermont Matched Savings Grant Special Fund is established in the State Treasury
and shall be administered in accordance with the provisions of 32 V.S.A. chapter 7, subchapter 5, except that interest earned on the Fund shall be retained in the Fund.
Into the Fund shall be deposited proceeds from grants, donations, contributions, appropriations,
and other revenue authorized by law. The Fund shall be used only for the purpose of
providing matching funds for the Vermont Matched Savings Program as established in
this section, and to provide grants to service providers for administrative expenses
of administering the Program.
(2) The Agency may make grants from the Vermont Matched Savings Grant Special Fund to
service providers to provide the match for approved savings plans with enrolled savers.
The amount and number of grants shall be calculated quarterly by the Agency based
on the number of savers and the amounts included in their approved plans administered
by each service provider so that payment of the maximum match is ensured for all savers
for the period for the approved savings plans without exceeding the balance in the
Fund. The Agency may award grants from the Fund to service providers to cover their
expenses of training and counseling savers and to implement and administer the Vermont
Matched Savings Program. The Agency may approve the use of interest earnings on grant
funds as a portion of approved administrative costs.
(3) The Agency and service providers, separately or cooperatively, may solicit grants
and private contributions for the Vermont Matched Savings Grant Special Fund.
(d) Notwithstanding the provisions of subsections (a), (b), and (c) of this section to
the contrary:
(1) a saver may open an account under this section as a Vermont Higher Education Savings
Plan Account under 16 V.S.A. chapter 87, subchapter 7;
(2) the duration of the saver’s ownership of a Vermont Higher Education Savings Plan Account
shall not be subject to any limitation of time, except as provided in 16 V.S.A. chapter 87, subchapter 7; and
(3) the saver’s ownership of a Vermont Higher Education Savings Plan Account shall not
be included in the saver’s income or resources for purposes of the saver’s eligibility
for TANF or SSI funds or services. (Added 1999, No. 147 (Adj. Sess.), § 1, eff. July 1, 2001; amended 2001, No. 11, § 59, eff. April 25, 2001; 2018, No. 11 (Sp. Sess.), § E.325.1; 2019, No. 154 (Adj. Sess.), § E.323.1, eff. Oct. 2, 2020.)
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Subchapter 004: ADMINISTRATIVE PROVISIONS
§ 1131. Administrative improvements
For the purpose of improving the family development programs administered by the departments
within the Agency of Human Services, including the Reach Up program, the Secretary
shall:
(1) design and implement a quality assurance function for the case management component
of the Reach Up program to ensure that appropriate services are being provided to
families enrolled in the program;
(2) continue to improve caseload and expenditure forecasting for all social welfare programs;
and
(3) develop standards and procedures for the training, including diversity education,
of qualified case managers in the Reach Up program. (Added 1999, No. 147 (Adj. Sess.), § 1, eff. July 1, 2001.)
§ 1132. Notice and appeal
(a) A participant may appeal the provisions of a family development plan in accordance
with 3 V.S.A. § 3091. The Commissioner shall provide notice to each participant of the standards and procedures
applicable to such appeals. All federal and Agency of Human Services rules regarding
conciliation, notice, hearing, and appeal shall be followed in connection with such
appeals.
(b) A participant shall receive notice and an opportunity for conciliation, hearing, and
appeal in accordance with all applicable federal and Agency of Human Services rules
before Reach Up sanctions are applied to the participant.
(c) A participant shall continue to receive financial assistance payments pending appeal
to the Human Services Board of Reach Up sanctions if the appeal is received prior
to the effective date of the proposed sanctions. (Added 1999, No. 147 (Adj. Sess.), § 1, eff. July 1, 2001.)
§ 1133. Transition to other programs
(a) The Department shall transfer the family to Reach Up, a separate State program, or
a solely State-funded program established under chapter 11 of this title if, after
four months of receiving support in Reach First or sooner at the Department’s discretion,
a family is assessed as needing ongoing financial assistance and the family is financially
eligible for Reach Up, a separate State program, or a solely State-funded program
established under chapter 11 of this title, unless the family chooses not to participate.
(b) If a family finds employment meeting or exceeding the work requirements for Reach
Up for the family’s size and composition, but is financially eligible for Reach Up,
the Department shall transfer the family to Reach Up, unless the family chooses not
to participate. A family transferring from Reach First to Reach Up shall be treated
as a recipient for the purposes of income calculation.
(c) If a family finds employment meeting or exceeding the work requirements for Reach
Up for the family’s size and composition, is not financially eligible for Reach Up,
and is eligible for the Reach Ahead program, the Department shall transfer the family
to Reach Ahead, unless the family chooses not to participate. A family transferring
from Reach Up to Reach Ahead shall be treated as a recipient for the purposes of income
calculation.
(d) A family transferring to another program under subsections (a) through (c) of this
section shall not be required to complete a new application. Verification of income
or other required documentation may be required as provided for by rule. (Added 1999, No. 147 (Adj. Sess.), § 1, eff. November 1, 2000; amended 2007, No. 30, § 16, eff. May 17, 2007; 2009, No. 67 (Adj. Sess.), § 94, eff. Feb. 25, 2010; 2013, No. 131 (Adj. Sess.), § 29, eff. May 20, 2014.)
§ 1134. Program evaluation
On or before January 31 of each year, the Commissioner shall design and implement
procedures to evaluate, measure, and report to the Governor and the General Assembly
the Department’s progress in achieving the goals of the programs provided for in sections 1002, 1102, and 1202 of this title. The report shall include:
(1) the types of barriers facing Reach Up families seeking economic self-sufficiency,
the number of families with each type of barrier, the frequency of occurrence of each
type of barrier, and how support services and incentives assist in overcoming barriers;
(2) documentation of participant results, including specific information relating to the
number of persons employed, by occupation, industry, and wage; the types of subsidized
and unsubsidized jobs secured by participants; any available information about results
for children who have participated in the programs, including objective measures of
improved conditions; the number of participating families involved in training programs;
and whether the support services and incentives assist in keeping families employed;
(3) data about the Supplemental Nutrition Assistance Program participation of households
who have left the programs during the last fiscal year, including the number of households,
adults, and children participating in the Supplemental Nutrition Assistance Program
three months after leaving the applicable program, broken down by reason for termination
or leaving, and the Department’s plan to identify and assist eligible households to
apply for Supplemental Nutrition Assistance Program benefits;
(4) data about the enrollment of individuals who have left the programs during the last
fiscal year in a Health Care Assistance Program, including the number of adults and
children enrolled in a Health Care Assistance Program three months after leaving the
applicable program, broken down by reason for termination or leaving, and the Department’s
plan to identify and assist eligible households to apply for health care assistance;
(5) a summary of all interim and final reports submitted by independent evaluation contractors
to the Agency or the Department relating to the programs;
(6) a description of the work participation rates, including the method of calculating
the caseload reduction credit, for the most recent federal fiscal year;
(7) a description of the current basic needs budget and housing allowance, the current
maximum grant amounts, and the basic needs budget and housing allowance adjusted to
reflect an annual cost-of-living increase;
(8) a description of the families, during the last fiscal year, that included an adult
family member receiving financial assistance for 60 or more months in his or her lifetime,
including:
(A) the number of families and the types of barriers facing these families; and
(B) the number of families that became ineligible for the Reach Up program pursuant to
subsection 1108(a) of this title, and the types of income and financial assistance received by those families that
did not return to the Reach Up program within 90 days of becoming ineligible; and
(9) a description of the families in the postsecondary education program pursuant to section 1122 of this title, including the number of participating families and any barriers to their further
participation. (Added 1999, No. 147 (Adj. Sess.), § 1, eff. July 1, 2001; amended 2003, No. 19, § 22, eff. May 6, 2003; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006; 2005, No. 174 (Adj. Sess.), § 84; 2007, No. 30, § 17, eff. May 17, 2007; 2013, No. 131 (Adj. Sess.), § 30, eff. May 20, 2014; 2015, No. 11, § 35; 2015, No. 58, § E.323.1; 2015, No. 172 (Adj. Sess.), § E.323.1.)