Code of Virginia

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Code of Virginia
Title 63.2. Welfare (Social Services)
Chapter 6. Temporary Assistance for Needy Families Program
5/21/2022

Chapter 6. Temporary Assistance for Needy Families Program.

§ 63.2-600. Temporary Assistance for Needy Families (TANF); purpose; administration.

A. There is hereby created the Temporary Assistance for Needy Families Program, hereinafter referred to as TANF or the "Program." The Program shall be administered by the Department in compliance with Titles IV-A and IV-F of the Social Security Act and related federal regulations (excluding 45 C.F.R. Parts 255 and 256), as such laws and regulations were in effect at the time of the enactment of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, P.L. 104-193 on August 22, 1996, to the extent that such laws and regulations do not conflict with (i) those sections of P.L. 104-193 which are mandatory; (ii) waivers granted by the Department of Health and Human Services to Virginia in effect as of January 1, 1997; (iii) state laws and regulations; (iv) the State Plan For Title IV-A of the Social Security Act: Financial Assistance Aid to Families with Dependent Children in effect as of September 30, 1996; or (v) the Title IV-F of the Social Security Act Job Opportunities and Basic Skills Training Program State Plan in effect as of September 30, 1996. Further, in any instance where a state law or regulation enacted pursuant to a waiver conflicts with the terms of P.L. 104-193 or the Title IV-A or IV-F State Plans, such state law or regulation shall control.

B. The General Assembly declares that it is the policy of the Commonwealth to support the efforts of public agencies and charitable and community groups seeking to assist low-income Virginians in their efforts to become self-sufficient. To this end, the Department is designated as the state agency responsible for coordinating state efforts in this regard.

1997, cc. 575, 621, § 63.1-86.1; 2002, c. 747; 2011, cc. 4, 857.

§ 63.2-601. Virginia Temporary Assistance for Needy Families Program; goals.

The goals of the Temporary Assistance for Needy Families Program are to:

1. Offer Virginians living in poverty the opportunity to achieve economic independence by removing barriers and disincentives to work and providing positive incentives to work;

2. Provide families living in poverty with the opportunities and work skills necessary for self-sufficiency;

3. Allow families living in poverty to contribute materially to their own self-sufficiency;

4. Set out the responsibilities of and expectations for recipients of public assistance and the government; and

5. Provide families living in poverty with the opportunity to obtain work experience through the Virginia Initiative for Education and Work (VIEW).

None of the provisions of this chapter shall be construed or interpreted to create any rights, causes of action, administrative claims or exemptions to the provisions of the Program, except as specifically provided in §§ 63.2-609, 63.2-613, and 63.2-618.

The Department of Small Business and Supplier Diversity and the Virginia Employment Commission shall assist the Department in the administration of the Program.

1994, cc. 858, 951, § 63.1-133.41; 1995, c. 450; 1996, cc. 589, 599; 2002, c. 747; 2013, c. 482; 2019, c. 210.

§ 63.2-601.1. Temporary Assistance for Needy Families Fund established.

A. There is hereby created in the state treasury a special nonreverting fund to be known as the Temporary Assistance for Needy Families Fund, hereafter referred to as "the Fund." The Fund shall be established on the books of the Comptroller. All donations and contributions to the Fund and such moneys as shall be appropriated by the General Assembly shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for the purposes set forth in this section. Moneys in the Fund shall be used to:

1. Supplement the assistance provided through the Department's administration of the Temporary Assistance for Needy Families block grant; and

2. Assist the Commonwealth in maximizing the amount of funds available to serve the stated purposes of the TANF program by leveraging individual, corporate, and charitable donations.

B. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Commissioner. Up to 10 percent of the Fund may be used to pay the Department's expenses in administering the Temporary Assistance for Needy Families Program.

C. The Department shall administer the Fund in accordance with the provisions of this section.

2011, cc. 4, 857.

§ 63.2-601.2. Statewide Temporary Assistance for Needy Families (TANF) Program Funding Pool Program.

A. The Department shall develop a Statewide TANF Program Funding Pool Program (the Funding Pool Program) and shall allocate to the Funding Pool Program that portion of the TANF block grant to be awarded to service providers for expanded TANF programs, which shall include all funds not transferred to the Social Services Block Grant or used for cash assistance, employment services, or child-care benefits through the TANF program, up to an amount equal to 12 percent of the total amount of the TANF block grant for that year.

B. Prior to submission of its proposed biennial budget to the Governor, the Department shall issue a Request for Proposals for use of available funds from the Funding Pool Program to service providers providing expanded TANF programs through a competitive process that is designed in a manner that ensures that all service providers in the Commonwealth, regardless of size or geographic location, are afforded the opportunity to apply for funds. All programs and services funded through the Funding Pool Program shall comply with all federal and state statutory and regulatory requirements and shall serve the stated purposes of the TANF program.

C. In developing the Request for Proposals, the Department shall include:

1. A long-range planning and priority-setting process to identify state and local service needs and avoid overlap or duplication of services. The planning and priority-setting process shall include opportunity for citizen participation and consideration of local and statewide service needs and priorities;

2. A competitive process, to include uniform eligibility criteria for service providers seeking funding and uniform application and selection procedures for comparable service categories;

3. Uniform oversight, administrative, and reporting requirements for service providers receiving funding through the Funding Pool Program; and

4. Uniform program evaluation criteria to determine the effectiveness and efficiency of comparable services funded through the Funding Pool Program.

D. The Department shall require all service providers applying for funding through the Funding Pool Program to submit a detailed proposal that includes a proposed budget, proposed program outcomes, and proposed program outcome measures. Following review of applications for funding received pursuant to this section, the Department shall provide a summary of the requests for funding and recommendations to the Governor and the General Assembly of the programs to be funded in the proposed biennial budget, the levels of funding recommended, and the rationale for such recommendations, and the Governor shall consider such recommendations in developing the proposed budget.

E. The Department shall require all providers receiving Funding Pool Program funds to report annually on the use of the funds and outcomes achieved and shall include such information in its annual report to the General Assembly.

2011, c. 531; 2020, cc. 860, 861.

§ 63.2-602. Eligibility for Temporary Assistance for Needy Families (TANF); penalty.

A. A person shall be eligible for Temporary Assistance for Needy Families if that person:

1. Has not attained the age of 18 years, or, if a full-time student in a secondary school or in the equivalent level of career and technical education, has not attained the age of nineteen years;

2. Is a resident of Virginia;

3. Is living with his father, mother, grandfather, grandmother, brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle, aunt, first cousin, nephew, or niece in a residence maintained by such relative or is in placement under conditions specified by the Board;

4. Is in need of public assistance; and

5. If less than 18 years of age, is in compliance with compulsory school attendance laws (§ 22.1-254 et seq.) as described in § 63.2-606. Prior to imposing a sanction of benefits, the local department shall make reasonable efforts to discuss with the parent or caretaker, by personal contact that may include direct telephone contact, a plan to return the child to school. If such efforts fail, the local department shall mail a written advance notice of proposed action to the parent or caretaker advising that benefits may be reduced if the parent or caretaker fails to contact the local department to develop a plan to return the child to school.

B. An applicant for TANF shall:

1. Furnish, apply for or have an application made on his behalf, and on behalf of all children for whom assistance is being requested, for a social security account number to be used in the administration of the program;

2. Assign the Commonwealth any rights to support from any other person such applicant may have on his own behalf or on behalf of any other family member for whom the applicant is applying for or receiving aid, except for any support that accrued prior to the execution of the assignment;

3. Identify the parents of the child for whom aid is claimed, subject to the "good cause" provisions or exceptions in federal law or regulations. However, this requirement shall not apply if the child is in a foster care placement or if the local department determines, based upon the sworn statement of the applicant or recipient or of another person with knowledge of the circumstances, that the child was conceived as the result of incest or rape; and

4. Cooperate in (i) locating the parent of the child with respect to whom TANF is claimed, (ii) establishing the paternity of a child born out of wedlock with respect to whom TANF is claimed, (iii) obtaining support payments for such applicant or recipient and for a child with respect to whom TANF is claimed, and (iv) obtaining any other payments or property due such applicant or recipient for such child.

Any applicant or recipient who intentionally misidentifies another person as a parent shall be guilty of a Class 5 felony.

C. Unless an exception to the requirement set forth in subdivision B 3 applies, the Department's Division of Child Support Enforcement shall proceed to determine parentage pursuant to Chapter 3.1 (§ 20-49.1 et seq.) of Title 20. If paternity is not established after six months of receipt of TANF, the case shall be reviewed to determine the reason that paternity has not been established. If paternity has not been established due to the caretaker relative's noncooperation, the local department may suspend the entire grant or the adult portion of the grant, subject to Board regulations.

D. TANF shall be provided to two-parent families on the same terms and conditions that TANF is provided to single-parent families.

Code 1950, § 63-141; 1954, c. 495; 1966, c. 665; 1968, cc. 578, 667, 668, 781, § 63.1-105; 1970, c. 721; 1974, c. 418; 1976, c. 215, § 63.1-105.1; 1982, c. 386; 1993, c. 167; 1994, cc. 188, 934; 1995, c. 450; 1996, c, 848, 857; 1999, c. 638; 2001, c. 483; 2002, c. 747; 2010, c. 250; 2019, c. 376.

§ 63.2-603. Eligibility for TANF; childhood immunizations.

An applicant for TANF shall provide verification that all eligible children not enrolled in school, a licensed family day home as defined in § 22.1-289.02, or a licensed child day center as defined in § 22.1-289.02, have received immunizations in accordance with § 32.1-46. However, if an eligible child has not received immunizations in accordance with § 32.1-46, verification shall be provided at the next scheduled redetermination of eligibility for TANF after initial eligibility is granted that the child has received at least one dose of each of the immunizations required by § 32.1-46 as appropriate for the child's age and that the child's physician or the local health department has developed a plan for completing the immunizations. Verification of compliance with the plan for completing the immunizations shall be presented at subsequent redeterminations of eligibility for TANF.

If necessary, the local department shall provide assistance to the TANF recipient in obtaining verification from immunization providers. No sanction may be imposed until the reason for the failure to comply with the immunization requirement has been identified and any barriers to accessing immunizations have been removed.

Failure by the recipient to provide the required verification of immunizations shall result in a reduction in the amount of monthly assistance received from the TANF program until the required verification is provided. The reduction shall be $50 for the first child and $25 for each additional child for whom verification is not provided.

Any person who becomes ineligible for TANF payments as a result of this provision shall nonetheless be considered a TANF recipient for all other purposes.

1994, c. 188, § 63.1-105.2; 2002, c. 747; 2020, cc. 860, 861.

§ 63.2-604. Repealed.

Repealed by Acts 2020, c. 550, cl. 2.

§ 63.2-605. Eligibility for TANF; parolees and probationers who fail drug tests.

Upon receipt of notification from a probation or parole officer that a TANF caretaker under his supervision has failed a drug test, the local department shall provide future TANF cash benefits to such caretaker's assistance unit as protective or vendor payments to a third party payee for the benefit of the assistance unit. After twelve months, the local department may reinstate such caretaker as the payee for the assistance unit provided such caretaker has failed no subsequent drug test within such twelve-month period. Any caretaker who is reported to have failed a drug test under this section may appeal such report, including the validity of any test results, pursuant to §§ 63.2-517, 63.2-518 and 63.2-519.

1997, c. 526, § 63.1-105.8; 2002, c. 747.

§ 63.2-606. Eligibility for TANF; school attendance.

In order to be eligible for TANF, members of the assistance unit, including minor custodial parents, shall be in compliance with compulsory school attendance laws (§ 22.1-254 et seq.). The Board shall adopt regulations to implement the provisions of this section, including procedures for local departments to (i) receive notification from local school divisions of students who are truant and (ii) assist families in noncompliance to achieve compliance. An applicant for or recipient of TANF or any member of his assistance unit who has been found guilty under § 22.1-263 shall not be eligible for TANF financial assistance until in compliance with compulsory school attendance laws. Any person who becomes ineligible for TANF financial assistance as a result of this section shall nonetheless be considered a TANF recipient for all other purposes.

1995, c. 450, § 63.1-105.4; 2002, c. 747.

§ 63.2-607. Eligibility for TANF; minor parent residency.

A. Except as provided in subsection B, an unemancipated minor custodial parent may receive TANF for himself and his child only if the individual and his child reside in the home maintained by his parent or person standing in loco parentis. For purposes of TANF eligibility determination, a minor who receives government-provided public assistance is not considered emancipated unless married.

B. The provisions of subsection A shall not apply if:

1. The individual has no parent or person standing in loco parentis who is living or whose whereabouts are known;

2. The local department determines that the physical or emotional health or safety of the individual or his dependent child would be jeopardized if the individual and dependent child lived in the same residence with the individual's parent or the person standing in loco parentis for the individual; or

3. The local department otherwise determines, in accordance with Board regulations, that there is good cause for waiving the requirements of subsection A.

C. If the individual and his dependent child are not required to live with the individual's parent or the person standing in loco parentis for the individual, the local department shall assist the individual in locating an appropriate adult supervised supportive living arrangement taking into consideration the needs and concerns of the minor and thereafter shall require that the individual and his child reside in such living arrangement or an alternative appropriate arrangement as a condition of the continued receipt of TANF. If the local department is unable, after making diligent efforts, to locate any such appropriate living arrangement, it shall provide case management and other social services consistent with the best interests of the individual and child who live independently.

1995, c. 450, § 63.1-105.6; 2002, c. 747.

§ 63.2-607.1. Eligibility for TANF; drug-related felonies.

A person who is otherwise eligible to receive TANF assistance shall be exempt from the application of § 115(a)(1) of the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, P.L. 104-193, and shall not be denied such assistance solely because he has been convicted of a drug-related felony.

2020, cc. 221, 361.

§ 63.2-608. Virginia Initiative for Education and Work (VIEW).

A. The Department shall establish and administer the Virginia Initiative for Education and Work (VIEW) to reduce long-term dependence on welfare, emphasize personal responsibility, and enhance opportunities for personal initiative and self-sufficiency by promoting the value of work. The Department shall endeavor to develop placements for VIEW participants that will enable participants to develop job skills that are likely to result in independent employment and that take into consideration the proficiency, experience, skills, and prior training of a participant.

VIEW shall recognize clearly defined responsibilities and obligations on the part of public assistance recipients and shall include a written agreement of personal responsibility requiring parents to participate in work activities while receiving TANF, earned-income disregards to reduce disincentives to work, and a limit on TANF financial assistance.

VIEW shall require all able-bodied recipients of TANF who do not meet an exemption to participate in a work activity. VIEW shall require eligible TANF recipients to participate in unsubsidized, partially subsidized or fully subsidized employment or other allowable TANF work activity as defined by federal law and enter into an agreement of personal responsibility.

B. To the maximum extent permitted by federal law, and notwithstanding other provisions of Virginia law, the Department and local departments may, through applicable procurement laws and regulations, engage the services of public and private organizations to operate VIEW and to provide services incident to such operation.

C. All VIEW participants shall be under the direction and supervision of a case manager.

D. The Department shall ensure that participants are assigned to one of the following work activities within 90 days after the approval of TANF assistance:

1. Unsubsidized private-sector employment;

2. Subsidized employment, as follows:

a. The Department shall conduct a program in accordance with this section that shall be known as the Full Employment Program (FEP). Persons who are otherwise eligible for TANF may participate in FEP unless exempted by this chapter. FEP shall assign participants to subsidized wage-paying private-sector jobs designed to increase the participants' self-sufficiency and improve their competitive position in the workforce.

b. Participants in FEP shall be placed in full-time employment when appropriate and shall be paid by the employer at an hourly rate not less than the federal or state minimum wage, whichever is higher. Wages earned by a FEP employee during the period for which his employer receives a subsidy pursuant to subdivision c shall be disregarded in the calculation of TANF benefits.

c. Every employer subject to the Virginia unemployment insurance tax shall be eligible for assignment of FEP participants, but no employer shall be required to utilize such participants. Pursuant to Board regulations, participating employers shall receive a subsidy of up to $1,000 per month for each FEP employee for a period not to exceed six months. Employers shall ensure that jobs made available to FEP participants are in conformity with § 3304(a)(5) of the Federal Unemployment Tax Act. FEP participants cannot be used to displace regular workers.

d. FEP employers shall:

(i) Endeavor to make FEP placements positive learning and training experiences;

(ii) Provide on-the-job training to the degree necessary for the participants to perform their duties;

(iii) Pay wages to participants at the same rate that they are paid to other employees performing the same type of work and having similar experience and employment tenure;

(iv) Provide sick leave, holiday and vacation benefits to participants to the same extent and on the same basis that they are provided to other employees performing the same type of work and having similar employment experience and tenure;

(v) Maintain health, safety and working conditions at or above levels generally acceptable in the industry and no less than those in which other employees perform the same type of work;

(vi) Provide workers' compensation coverage for participants;

(vii) Encourage volunteer mentors from among their other employees to assist participants in becoming oriented to work and the workplace; and

(viii) Sign an agreement with the local department outlining the employer requirements to participate in FEP. All agreements shall include notice of the employer's obligation to repay FEP reimbursements in the event the employer violates FEP rules.

e. As a condition of FEP participation, employers shall be prohibited from discriminating against any person, including program participants, on the basis of race, color, sex, sexual orientation, gender identity, national origin, religion, age, or disability;

3. Part-time or temporary employment;

4. Community work experience, as follows:

a. The Department and local departments shall work with other state, regional and local agencies and governments in developing job placements that serve a useful public purpose as provided in § 482(f) of the Social Security Act, as amended. Placements shall be selected to provide skills and serve a public function. VIEW participants shall not displace regular workers.

b. The number of hours per week for participants shall be determined by combining the total dollar amount of TANF and SNAP benefits and dividing by the minimum wage with a maximum of a work week of 32 hours, of which up to 12 hours of employment-related education and training may substitute for work experience employment;

5. Educational activities that lead to a post-secondary credential, such as a degree or industry-recognized credential, certification, or license from an accredited institution of higher education or other postsecondary school licensed or certified by the Board of Education or the State Council of Higher Education for Virginia; or

6. Any other allowable TANF work activity as defined by federal law.

E. Notwithstanding the provisions of subsections A and D, if a local department determines that a VIEW participant is in need of job skills and would benefit from immediate job skills training, it may place the participant in a program preparing individuals for a high school equivalency examination approved by the Board of Education, a career and technical education program targeted at skills required for particular employment opportunities, or an apprenticeship program developed by the local department in accordance with requirements established by the Department. Eligible participants include those with problems related to obtaining and retaining employment, such as participants (i) with less than a high school education, (ii) whose reading or math skills are at or below the eighth grade level, (iii) who have not retained a job for a period of at least six months during the prior two years, or (iv) who are in a treatment program for a substance abuse problem or are receiving services through a family violence treatment program. The VIEW participant may continue in a high school equivalency examination preparation program, career and technical education program, or apprenticeship program for as long as the local department determines he is progressing satisfactorily and to the extent permitted by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (P.L. 104-193), as amended.

F. Participants may be reevaluated after a period determined by the local department and reassigned to another work component. In addition, the number of hours worked may be reduced by the local department so that a participant may complete additional training or education to further his employability.

G. Local departments shall be authorized to sanction parents up to the full amount of the TANF grant for noncompliance, unless good cause exists.

H. VIEW participants shall not be assigned to projects that require that they travel unreasonable distances from their homes or remain away from their homes overnight without their consent.

Any injury to a VIEW participant arising out of and in the course of community work experience shall be covered by the participant's existing Medicaid coverage. If a community work experience participant is unable to work due to such an accident, his status shall be reviewed to determine whether he is eligible for an exemption from the limitation on TANF financial assistance.

A community work experience participant who becomes incapacitated for 30 days or more shall be eligible for TANF financial assistance for the duration of the incapacity, if otherwise eligible.

The Board shall adopt regulations providing for the accrual of paid sick leave or other equivalent mechanism for community work experience participants.

1994, cc. 858, 951, § 63.1-133.49; 1995, c. 450; 1996, c. 1023; 1999, c. 759; 2000, cc. 483, 491; 2001, c. 483; 2002, c. 747; 2003, cc. 428, 467; 2005, c. 472; 2007, c. 568; 2014, c. 84; 2016, c. 101; 2019, c. 210; 2020, c. 1137; 2021, Sp. Sess. I, cc. 160, 209.

§ 63.2-609. VIEW exemptions.

The following TANF recipients shall be exempt from mandatory participation in VIEW and shall remain eligible for TANF financial assistance:

1. Any individual, including all minor caretakers, under 16 years of age;

2. Any individual at least 16, but no more than 19 years of age, who is enrolled full-time in elementary or secondary school, including career and technical education programs. The career and technical education program must be equivalent to secondary school. Whenever feasible, such recipients should participate in summer work;

3. Any individual who is unable to participate because of a temporary medical condition that is preventing employment or training, as determined by a physician or other qualified medical professional and certified by a written medical statement. Such an exemption shall be reevaluated every 60 days to determine whether the person is still exempt;

4. Any individual who is disabled, as determined by receipt of Social Security Disability Benefits or Supplemental Security Income;

5. Any individual 60 years of age or older;

6. Any individual who is the sole caregiver of another member of the household who is disabled as determined by receipt of Social Security Disability Benefits or Supplemental Security Income or who is incapacitated by another condition as determined by the Board and whose presence is essential for the care of the other member on a substantially continuous basis;

7. A parent or caretaker-relative of a child under 12 months of age who personally provides care for the child. A parent or caretaker-relative exempt from mandatory participation in VIEW pursuant to this subdivision shall be exempt for a period of no more than 12 months. Months during which a parent or caretaker-relative is exempt may be consecutive or nonconsecutive.

In a TANF-UP case, both parents shall be referred for participation unless one meets an exemption; only one parent can be exempt. If both parents meet an exemption criterion, they shall decide who will be referred for participation.

1994, cc. 858, 951, §§ 63.1-133.43, 63.1-133.48; 1995, c. 450; 2001, c. 483; 2002, cc. 81, 747; 2007, c. 568; 2011, c. 426; 2020, c. 550.

§ 63.2-610. Participation in VIEW; coordinated services.

A. In administering VIEW, the Department shall ensure that local departments provide delivery and coordination of all services through intensive case management. VIEW participants shall be referred to a case manager. The case manager shall fully explain VIEW to the participant and shall provide the participant with written materials explaining VIEW.

B. The Department shall assist local departments in improving the delivery of services, including intensive case management, through the utilization of public, private and nonprofit organizations, to the extent permissible under federal law.

C. The Department shall be responsible for the coordination of the intensive case management. Job finding and job matching leading to independent employment shall be facilitated by the Virginia Employment Commission and the Department of Small Business and Supplier Diversity.

D. The Secretary of Health and Human Resources, assisted by the Secretary of Commerce and Trade, shall prepare and maintain an annual plan for coordinating and integrating all appropriate services in order to promote successful outcomes. The plan shall encourage the use of local and regional service providers and permit a variety of methods of providing services. Emphasis shall be placed on coordinating and integrating career counseling, job development, job training and skills, job placement, and academic and technical education. Public and private institutions of higher education and other agencies which offer similar or related services shall be invited to participate as fully as possible in developing, implementing and updating the annual coordination plan.

E. The Secretary of Health and Human Resources shall:

1. Increase public awareness of the federal earned income credit and encourage families who may be eligible to apply for this tax credit;

2. Pursue aggressive child-support initiatives as established by the General Assembly;

3. Work with community providers to develop adoption, education, family planning, marriage, parenting, and training options for Program participants;

4. Increase public awareness of the tax advantages of relocating one's residence in order to secure employment;

5. Provide leadership for the development of community work experience opportunities in VIEW;

6. Develop strategies to educate, assist and stimulate employers to hire participants and to provide community work experience opportunities, in consultation with representatives of employers and relevant public and private agencies on the state and local level; and

7. Provide technical assistance to local departments to assist them in working with employers in the community to develop job and community work experience opportunities for participants.

1994, cc. 858, 951, § 63.1-133.45; 1995, c. 450; 1996, cc. 589, 599; 1999, cc. 840, 855; 2002, c. 747; 2013, c. 482.

§ 63.2-611. Case management; support services; transitional support services.

A. The Commissioner, through the local departments, with such funds as appropriated, shall offer families participating in VIEW intensive case management services throughout the family's participation in VIEW. Case management services shall include initial assessment of the full range of services that will be needed by each family including testing and evaluation, development of the individualized agreement of personal responsibility, and periodic reassessment of service needs and the agreement of personal responsibility. It shall be the goal of the Department to have a statewide intensive case management ratio not higher than the statewide average ratio in Title IV-F of the Social Security Act Job Opportunities and Basic Skills Training Program State Plan as the ratio existed on July 1, 1995.

B. Local departments are authorized to provide services to VIEW families throughout the family's participation in VIEW subject to regulations adopted by the Board, including:

1. Child care for the children of participants if:

a. The participant is employed and child-care services are required to enable the continued employment of the participant;

b. Child-care services are required to enable a participant to receive job placement, job training or education services; or

c. The participant is otherwise eligible for child care pursuant to Board regulations.

2. Transportation that will enable parental employment or participation in services required by the agreement of personal responsibility.

3. Job counseling, education and training, and job search assistance consistent with the purposes of VIEW.

4. Medical assistance.

C. A participant whose TANF financial assistance is terminated, either voluntarily or involuntarily, shall receive the following services for up to 12 months after termination, if needed:

1. Assistance with child care if such assistance enables the individual to work or the individual is enrolled in an accredited public institution of higher education or other postsecondary school licensed or certified by the Board of Education or the State Council of Higher Education for Virginia and is taking courses as part of a curriculum that leads to a postsecondary credential, such as a degree or an industry-recognized credential, certification, or license;

2. Assistance with transportation, if such transportation enables the individual to work;

3. Medical assistance, including transitional medical assistance for families with a working parent who becomes ineligible for TANF financial assistance because of increased earnings according to policies of the Virginia Department of Medical Assistance Services; and

4. Financial assistance of $50 per month, if the participant is employed and is working at least 30 hours per week or more at the time of TANF closure and remains employed and continues to work at least 30 hours per week or more.

D. The Department or local departments may purchase or otherwise acquire motor vehicles from the centralized fleet of motor vehicles controlled by the Commissioner of Highways under Article 7 (§ 2.2-1173 et seq.) of Chapter 11 of Title 2.2 and sell or otherwise transfer such vehicles to TANF recipients or former recipients. Purchases, sales, and other transfers of vehicles under this subsection shall not be subject to the provisions of the Virginia Public Procurement Act (§ 2.2-4300 et seq.), or the provisions of §§ 2.2-1124, 2.2-1153, 2.2-1156, and 2.2-1177 relating to the sale, purchase, and transfer of surplus motor vehicles and other surplus state property.

E. Nothing in this section shall be construed or interpreted to create a cause of action or administrative claim based upon a right or entitlement to any specific services or an exemption or waiver from any provision of VIEW.

1994, cc. 858, 951, § 63.1-133.46; 1995, c. 450; 1999, c. 910; 2002, c. 747; 2007, c. 568; 2019, cc. 166, 218.

§ 63.2-612. Time limit on the receipt of TANF.

Unless otherwise exempt, VIEW participants and their families may receive TANF financial assistance for a maximum of 24 months only, subject to § 63.2-613. VIEW participants and their families may receive TANF financial assistance, if otherwise eligible, after a subsequent period of 24 months. However, the 24-month period of ineligibility shall not apply when a child is removed from the parents' home as the result of a child protective services report or complaint as defined in regulations promulgated by the Board and is placed with a relative. In such cases, the relative with whom the child is placed shall be eligible to receive TANF financial assistance immediately and without waiting for the 24-month period of ineligibility to run.

The local department shall notify a VIEW participant and his family that his TANF financial assistance is scheduled to be terminated as provided in this section. Notice shall be given 60 days prior to such termination and shall inform the VIEW participant and his family of the exception regulations adopted by the Board and the procedure to be followed by the VIEW participant and his family if he believes that he is entitled to an extension of benefits.

1994, cc. 858, 951, § 63.1-133.50; 1995, c. 450; 2002, c. 747; 2007, c. 568; 2008, cc. 132, 564.

§ 63.2-613. Hardship exceptions.

The Board shall adopt regulations providing exceptions to the time limitations of this chapter in cases of hardship. In adopting regulations, the Board shall address circumstances:

1. Where a VIEW participant has been actively seeking employment by engaging in job-seeking activities required pursuant to § 60.2-612 and is unable to find employment;

2. Where factors relating to job availability may be unfavorable;

3. Where the VIEW participant loses his job as a result of factors not related to his job performance; and

4. Where extension of benefits for up to one year will enable a participant to complete employment-related education or training.

The Department shall (i) keep records of the number of VIEW participants who receive an exception to the time limitations on TANF benefits due to hardship and the specific circumstances relied upon to grant such exceptions and (ii) annually publish nonidentifying statistics regarding such information.

1994, cc. 858, 951, § 63.1-133.51; 1995, c. 450; 2002, c. 747; 2020, c. 7.

§ 63.2-614. Financial eligibility.

A. Pursuant to regulations adopted by the Board, the parent of an eligible child or children who is married to a person not the parent of the child or children shall not be eligible for TANF if the parent's spouse's income, when deemed available to the family unit according to federal regulations, in and of itself, exceeds the state eligibility standard for such aid. However, eligibility for the child or children shall be considered by counting the income of such parent and child or children, and any portion of the parent's spouse's income that exceeds 150 percent of the federal poverty level for the spouse and parent. If the income of the parent's spouse that is deemed available does not, in and of itself, exceed the state eligibility standard for TANF, none of the spouse's income shall be counted as available to the family unit, and eligibility shall be determined considering only the income, if any, of the parent and the child or children. If the parent fails or refuses to cooperate with the Department's Division of Child Support Enforcement in the pursuit of child support, the income of the parent's current spouse shall be counted in accordance with Title IV-A federal regulations at 45 C.F.R. 233.20(a) (3) (xiv) in determining eligibility for TANF for the parent's child or children.

B. Program participants shall be eligible for the income disregards and resource exclusions in § 63.2-505.

C. VIEW participants and their families shall also be eligible for the following income disregards and resource exclusions:

1. To reward work, a VIEW participant and his family who have earned income from any source other than VIEW, may continue to receive TANF financial assistance for up to two years from the date that both parties initially sign the agreement. However, in no event shall the TANF payment when added to the earned income exceed such percentage of the federal poverty level established by the Commissioner, and if necessary any TANF payment shall be reduced so that earned income plus the TANF payment equals such percentage of the federal poverty level established by the Commissioner.

2. The fair market value, not to exceed $7,500, of one operable motor vehicle per family.

Code 1950, § 63-141; 1954, c. 495; 1966, c. 665; 1968, cc. 578, 667, 668, 781, § 63.1-105; 1970, c. 721; 1974, c. 418; 1982, c. 386; 1993, c. 167; 1994, cc. 188, 858, 951, § 63.1-133.47; 1995, c. 450; 1996, c. 857; 1999, c. 638; 2001, c. 483; 2002, c. 747.

§ 63.2-615. Payment of tuition and other expenses of public assistance recipients enrolled in skill development training programs.

The Board may authorize the payment of tuition fees, transportation costs or other necessary or incidental expenses for obtaining skill development training or retraining for qualified public assistance recipients. The Board may, by regulation, prescribe necessary requisites and conditions under which such payments may be made. Such assistance shall be in addition to any other public assistance for which such recipient may be eligible and shall not affect his entitlement thereto.

Code 1950, § 63-110.1; 1968, c. 586, § 63.1-96.1; 2002, c. 747.

§ 63.2-616. Provision of public assistance and social services.

Local departments may combine community resources to assist the families of persons who may be in need because of the limitations on TANF financial assistance and may arrange for appropriate care of needy families where the limitation on TANF financial assistance as a result of the birth of an additional child or the two-year limit on TANF financial assistance is executed. Public assistance and social services may be provided that include, but are not limited to, help for families in obtaining donated food and clothing, continuation of food stamps for adults and children who are otherwise eligible, child care, and Medicaid coverage for adults and children who are otherwise eligible for Medicaid.

1994, cc. 858, 951, § 63.1-133.52; 1995, c. 450; 2002, c. 747.

§ 63.2-617. Diversionary cash assistance.

A. The Board shall adopt regulations to enable TANF-eligible applicants meeting certain criteria to receive at one time the maximum TANF cash assistance that the applicant would otherwise receive for a period up to 120 days or $1,500, whichever is greater. An individual may receive diversionary TANF cash assistance only one time in a 12-month period and, in so doing, waives his eligibility for TANF for the number of days for which assistance is granted multiplied by 1.33. Diversionary assistance shall be used to divert the family from receiving ongoing TANF cash assistance by providing assistance for one-time emergencies.

B. The Board shall adopt regulations to enable TANF-eligible applicants meeting certain criteria to receive a TANF emergency assistance payment of up to $1,500 to prevent eviction or to address needs resulting from a fire or natural disaster.

1995, c. 450, § 63.1-105.3; 2002, c. 747; 2009, cc. 61, 547; 2020, c. 1159.

§ 63.2-618. Notice and appeal.

A participant aggrieved by the decision of a local board granting, denying, changing or discontinuing public assistance may appeal such decision pursuant to § 63.2-517. If a hearing request is received prior to the effective date of any proposed change in benefit status, a participant appealing such change shall have the right to continued direct payment of TANF benefits pending final administrative action on such appeal.

1994, cc. 858, 951, § 63.1-133.53; 1995, c. 450; 2002, c. 747.

§ 63.2-619. Repealed.

Repealed by Acts 2016, c. 23, cl. 2.

§ 63.2-620. Child care services for TANF and low-income families.

The Department shall identify strategies for Virginia to obtain the maximum amount of federal funds available for child care services for TANF recipients and families whose incomes are at or below 185 percent of the federal poverty level. The Department shall provide an annual report on these strategies to the chairmen of the House Committees on Appropriations and on Health, Welfare and Institutions and the Senate Committees on Finance and Appropriations and on Rehabilitation and Social Services by December 15.

2001, c. 184, § 63.1-105.9; 2002, c. 747.

§ 63.2-621. Restrictions on use of TANF cash assistance.

Recipients of TANF benefits pursuant to this chapter shall not access TANF cash benefits through an electronic benefit transaction (i) for the purchase of alcoholic beverages, tobacco products, lottery tickets, or sexually explicit visual materials as defined in § 18.2-374.1; (ii) in any transaction in any (a) government store established for the sale of alcoholic beverages, (b) establishment in which pari-mutuel wagering or charitable gaming is conducted, or (c) establishment in which tattooing or body-piercing, as defined in § 54.1-700, is performed for hire or consideration; or (iii) in any establishment that provides adult-oriented entertainment in which performers or other individuals connected with the business appear nude or partially nude.

2013, cc. 160, 733.