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Wednesday, May 21, 2008

Commander Torres, one of Corpus Christi's Finest

Local
Commander files suit against city
Torres alleges hostile working environment

By David Kassabian (Contact), Dan Kelley (Contact)
Originally published 03:38 a.m., May 20, 2008
Updated 03:38 a.m., May 20, 2008

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Torres was never formally disciplined in regard to the impound lot.
Torres was never formally disciplined in regard to the impound lot.

A police commander has sued the city, saying he was subjected to a hostile work environment after officials questioned his knowledge of officers improperly buying and selling impounded vehicles.

Cmdr. David Torres, a veteran of the criminal investigation and patrol divisions, filed the lawsuit late Thursday in a county court through his attorney René Rodriguez.

The lawsuit and Rodriguez said senior police officials retaliated against Torres by accusing him of having prior knowledge of officer misconduct at the city's impound lot.

According to the suit, Torres questioned the lack of minority candidates for job postings and his supervisors' refusal to investigate criminal complaints against Mauricio Celis, an indicted law firm operator.

Chief Bryan Smith declined to comment, citing pending litigation.

City Manager Skip Noe said he could not respond to the lawsuit's individual allegations, but information from the filing has been forwarded to the FBI and police internal affairs. The heart of the issue, Noe said, is that Torres was never formally disciplined.

Torres has denied all wrongdoing, Rodriguez said.

According to the 16-page filing, tension between Torres and the department mounted after Torres was accused of mishandling an investigation at the impound lot.

Capt. Jay Vesely, a 21-year veteran of the force, and 22-year veteran Senior Officer Martin Jasso were fired in November; both were accused in May of abusing their position as officers to buy seized vehicles for less than the vehicle's true value.

The U.S. Department of Justice announced in January that it would not pursue the case, and Smith rehired Jasso in February. A third officer, Lt. Weldon L. Weber Jr., received a letter of reprimand in connection with the investigation.

Torres was named a suspect sometime during the investigation, according to the lawsuit, and he was interviewed by internal affairs in August. He was given a polygraph test in April, despite saying eight months earlier that he had no knowledge of misconduct until May 2007 when an assistant district attorney came forward with the case.

After registering "deception indicated" on three questions of the polygraph, the department initiated disciplinary action against Torres. He asked for another polygraph but was denied, and Smith began considering disciplinary action, the suit said.

According to an April 23 letter of contemplated disciplinary action signed by Smith and addressed to Torres, Vesely and Weber reported that Torres had full knowledge that officers had been purchasing vehicles from the lot and that Torres never indicated he felt the practice was inappropriate.

"The fact that you were untruthful including, but not limited to, two sworn statements and subsequently indicated deception on a polygraph regarding said untruthfulness indicates that this was a deliberate and premeditated act and can in no way be interpreted as an accident or failure of memory," the letter said. "Honesty and integrity are paramount in the law enforcement profession. Untruthfulness in a sworn statement taken in an official investigation will not be tolerated by the Corpus Christi Police Department."

The letter recommends the firing of Torres, however, a letter of reprimand drafted the same day and signed by both Smith and Torres only mentions what Smith described as a substandard investigation into the lot. That letter does not mention firing.

The department is trying to force Torres to quit, Rodriguez said, and the two letters make little sense.

The filing makes reference to the case of Celis. Celis was indicted in November on charges of impersonating a police officer, impersonating an attorney, money laundering and perjury.

The perjury charge was later thrown out because it occurred in Zapata County. The investigation continued, and prosecutors obtained additional charges against Celis, including additional counts of money laundering and impersonating an attorney, according to a grand jury indictment filed in April.

Torres claims Smith and Assistant Chief Ken Bung ordered him to halt a sexual assault investigation because the matter was going to be handled by a "high powered" civil attorney. That attorney was Celis, who at the time claimed to be licensed to practice law in Mexico.

Celis' claim, according to the Nueces County District Attorney's Office, was false and is part of a multi-count indictment against Celis for impersonating an attorney and money laundering.

Torres also takes the department to task for failing to investigate incidents in 2004 in which Celis is accused of impersonating a police officer. Torres claims a detective initiated an investigation into Celis in 2004. Celis was stopped in 2004 and, according to police reports, flashed a Duval County sheriff's badge at the officer. When police asked if he commuted regularly to Duval County from his Kings Crossing home, Celis reportedly said "Yes, and I'm also an attorney."

The lawsuit also references two times when command staff outside Torres' department forwarded lists of officers for hiring recommendations. When Torres questioned why no minorities were on the lists, he was subjected to hostile working conditions, according to the filing.

Before filing the lawsuit, Rodriguez sent a notice to the city, offering to settle Torres' claim for $250,000 -- the maximum allowed by state law, Rodriguez added.

Contact David Kassabian at 886-3778 or kassabiand@caller.com. Contact Dan Kelley at 886-4316 or kelleyd@caller.com

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(82) User Comments:
Reply to this Post | Suggest removal
related links Posted by 449976 on May 20, 2008 at 4:15 a.m.

Oh boy..here we go again..more corruption!! First the council.. now the police departemnt!! When will it end!!!
Reply to this Post | Suggest removal
related links Posted by 427774 on May 20, 2008 at 5:13 a.m.

" After registering "deception indicated" on three questions of the polygraph, the department initiated disciplinary action against Torres. He asked for another polygraph but was denied, and Smith began considering disciplinary action, the suit said. "

Case Closed - Pay the man! lol!

Really - subjected to a polygraph that showed questionable results, what harm would there have been to enabling another one - the supposed 'liar' willing too.

" The letter recommends the firing of Torres, however, a letter of reprimand drafted the same day and signed by both Smith and Torres only mentions what Smith described as a substandard investigation into the lot. That letter does not mention firing. "

Kind of like the difference between a 'whooping' and a 'spanking' with both "drafted" and signed the same day.

But this ***
" Torres claims Smith and Assistant Chief Ken Bung ordered him to halt a sexual assault investigation because the matter was going to be handled by a "high powered" civil attorney. That attorney was Celis, who at the time claimed to be licensed to practice law in Mexico. "

Priceless! " Honesty and integrity are paramount ... "

Even makes Celis look almost good.
Reply to this Post | Suggest removal
related links Posted by 710237 on May 20, 2008 at 5:20 a.m.

I hold a lot of respect for Cmdr. Torres. I don't think he would glibly file a lawsuit such as this one without great cause...and intergrity.

This is not going to be an easy task. I wish him the very best as his world as he knows it now will change...but it probably already had changed due to prior ill treatment.

My prayers are with him.
Reply to this Post | Suggest removal
related links Posted by 702652 on May 20, 2008 at 6:09 a.m.

Torres might not glibly file a lawsuit - but Rene Rodriquez would.
Reply to this Post | Suggest removal
related links Posted by 275094 on May 20, 2008 at 6:17 a.m.

This article brings a lot of meaning to the phrase "What a tangled web we weave"
Reply to this Post | Suggest removal
related links Posted by 703885 on May 20, 2008 at 6:18 a.m.

in response to 449976

This is what happens when people don't vote.
Reply to this Post | Suggest removal
related links Posted by 259150 on May 20, 2008 at 6:34 a.m.

Torres, get another attorney for God's sake. Rene Rodriguez?!?!? Come on............
Reply to this Post | Suggest removal
related links Posted by 449075 on May 20, 2008 at 6:49 a.m.

Chief Bryan Smith has a very short memory, if I were him, I wouid not be stirring the pot too much. He got away with drunk and disorderly and rape. What was he saying, the lady is a mental case.
Reply to this Post | Suggest removal
related links Posted by 712601 on May 20, 2008 at 6:51 a.m.

Rene Rodriguez is nothing but a parasite. Always craving for money. Last time we heard about this turd he was involved in a RICO investigation. And Commander Torres SHOULD be reprimanded, if he knew about Capt Jasso and Lt. Vissely buying illegal vehicles, then deal with it. YOU MAKE TOO MUCH MONEY. THE CITY NEEDS A PAY FREEZE ON THIS OFFICERS, THEN YOU SAVE ALOT OF MONEY.
Reply to this Post | Suggest removal
related links Posted by 240803 on May 20, 2008 at 7:15 a.m.

Yes Commander Torres knew of the illegal car sales within the department. He tried to do right by it and look where it got him. Looks like the tables were tuned on him by the chief.
Reply to this Post | Suggest removal
related links Posted by 353782 on May 20, 2008 at 7:19 a.m.

Well, I believe the guy is guilty. Come on he knew about the scam and wanted in on it. The entire police force is a farce, and nothing but criminals with badges. So much professionalism and ethics in their job performance, just like the idiot police officer that cheated on his wife 3 times and then pursued my wife for number 4. She gave in and i found out now everyone is divorced, goes to show that the Corpus Christi's finest is not so fine after all. Like i said the police force in corpus christi are a bunch of criminals with badges, who believe they are above the law.
Reply to this Post | Suggest removal
related links Posted by 700294 on May 20, 2008 at 7:42 a.m.

A Commander breaks the "code of silence", this is gonna' get good.
Reply to this Post | Suggest removal
related links Posted by 259150 on May 20, 2008 at 7:45 a.m.

Police Officers should be given polygraphs every year. I wouldn't have a problem taking a polygraph every year in my current position. I know I would be extra careful in everything I do... as it should be.... especially for police officers who hold so much power over regular people.
Reply to this Post | Suggest removal
related links Posted by 704925 on May 20, 2008 at 7:48 a.m.

Post 449075 -- You are wrong on al counts. The Chief was not drunk, was not disorderly, there was no rape and the woman was and still has a mental problem. Unlike this woman, David Torres accusations are in the open and he must PROVE them. David has worked to undermine this Chief ever since he was promoted. This time, I believe David's lies are going to come back and hurt him badly. The legal process will take a while but David Torres has bitten off way more than he can chew.
Reply to this Post | Suggest removal
related links Posted by 258638 on May 20, 2008 at 8:05 a.m.

I think Torres wanted to be Chief really badly and has been ticked ever since he didn't get it. Bottom line is, he has not been a square dealer and people in glass houses really shouldn't throw stones.
So, where is the harm here? He has not been disciplined and still has his job? What is the $250K compensation for? To make him stop whining?
Reply to this Post | Suggest removal
related links Posted by 420495 on May 20, 2008 at 8:09 a.m.

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

I'm so sick of hearing about minority rights.

Here in Corpus Christi Texas Mexican Heritage is not a minority !

Torres is questioning the lack of minority candidates for job postings ........ get serious !

Go down to City Hall and pay your Water Bill, or go pay a parking ticket downtown, now look around and tell me about Minority Hiring in Corpus Christi !

Now let's talk about a Head Count of people living in the county. Oh, I'm not talking about Legal Americans. I'm talking about people living here in the City & the County !
I think we know who the Minorities are around here.

So Torres, if it getting to hot ? Maybe it's time to get out !

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
Reply to this Post | Suggest removal
related links Posted by 712634 on May 20, 2008 at 8:11 a.m.

he is GUILTY! thow them all in prison with the people they put in jail.
Reply to this Post | Suggest removal
related links Posted by 244414 on May 20, 2008 at 8:17 a.m.

This is not more corruption, this is ongoing corruption. The Chief was drunk and got away with it. This lawsuit will bring a lot more out into the open. The police department suffers from low morale and is looking more and more like the New Orleans police department.
Reply to this Post | Suggest removal
related links Posted by 409842 on May 20, 2008 at 8:21 a.m.

Wow...it's amazing to me how the Caller Times will only print what they want people to read...first of all Commander Torres names names, including the detective who sat in on the meeting where No. 2 and No. 1 told him to stop the criminal investigation against a rape suspect...there are names in the lawsuit...print them...it's public record. He's telling the truth....what the caller times also didn't tell you that the list of names that were provided for promotion are friends of No. 2. The corruption at the department is deep and for those of us who live it every day...thank you Commander for having the guts to come forward...there is hard core proof of the actions of No. 1. I know what Commander Torres did was not easy...but as the saying goes, sometimes the "the right thing" to do is the hardest thing to do...we know the kind of reporting the caller times will do...I suggest people go and get a copy of the lawsuit...go to the district clerk's office located on the third floor and ask for a copy...read it. And if I were in a fight with the city, I'd want Rene Rodriguez on my side...finally, an officer who comes forward to stop the corruption and he's attacked...priceless.
Reply to this Post | Suggest removal
related links Posted by 258638 on May 20, 2008 at 8:22 a.m.

in response to 244414

Baloney! Quit smoking that stuff... you're gonna get caught!
Reply to this Post | Suggest removal
related links Posted by 239291 on May 20, 2008 at 8:23 a.m.

Discrimination!? If he was SO discriminated against then how the heck did HE become a commander in CCPD!? Just another whiner...they eventually show their cards...

But I gotta tell ya...Bryan Smith continues to be an IDIOT! As a matter of fact check the connection between him and Mauricio Celis!!!!!

CCPD under Bryan Smith continues to be a JOKE!
Reply to this Post | Suggest removal
related links Posted by 236373 on May 20, 2008 at 8:43 a.m.

You people do not get it, it all revolves around Bryan Smith.

The guy is bad news. When have we seen the police department in this kind of crisis before?

I am calling for his resignation!!!!!
Reply to this Post | Suggest removal
related links Posted by 712634 on May 20, 2008 at 8:45 a.m.

im tired of cops doing what ever they want, they think they are special. give me a gun and i could do anything a cop can do. they are not my heroes. they act like they are doing us a favor when they could care less about anyone of us. if they dont put poeple in jail, they dont get paid. we are paying for them to put us in jail and we applaud them for it.
Reply to this Post | Suggest removal
related links Posted by 239291 on May 20, 2008 at 8:51 a.m.

in response to 236373

DITTO!!! It's time for that punk Bryan Smith to GO!
Reply to this Post | Suggest removal
related links Posted by 709931 on May 20, 2008 at 8:52 a.m.

The bottom line is that in the public sector; government jobs, the public school districts, Del Mar Community College, etc., employees are hired for life. No matter what they do, when they actually show up for work, they can never be reprimanded or much less let go, otherwise, the lawsuits fly.

The only way this will ever change is if the citizens act by not awarding money in these lawsuits, demanding changes in the law to make those who file this type of lawsuit liable, and removing from office the politicians who support payment to settle the case in exchange for future votes.

There is a tremendous political leadership vacuum in our area. Those in office continue to be the subject of jokes all around the state.
Reply to this Post | Suggest removal
related links Posted by 459079 on May 20, 2008 at 8:59 a.m.

Torres was one of Pete Alvarez's "LULAC Promotions" - promoted to his current rank over several contemporaries who had better records and education than him. As a Captain and Lieutenant was known for repeatedly playing the "race card" in dealing with others - senior and junior to him. Note that the lists of "Eligibles" presented to him by seniors for possible promotion is set , primarily,by scores on advancement examinations combined with points for advanced education, service awards & special qualifications. Race neutral, is the best way to describe the formal part of the process, but was routinely ignored by Alvarez & LULAC so they could put their favorites into command positions. Problem now is that Chief Smith sees it for what it is, and the professional racists like Torres don't like it one bit. Please note that he did NOT file a civil rights or discrimination complaint! Bottom line: Torres is a sleazeball who never should've been promoted in the first place......
Reply to this Post | Suggest removal
related links Posted by 253104 on May 20, 2008 at 9:03 a.m.

Poor Torres. Sees so much...knows so little. If he's can't see wrong in fellow officers.......how did he make commander? Internal affairs, Justice Dept,......Pete gone....Oh Boy!!!! What's done in the dark.......Always comes to light. Or something like that.
Reply to this Post | Suggest removal
related links Posted by 292564 on May 20, 2008 at 9:07 a.m.

Torres sounds like the little fat kid at school that nobody likes because he is a cry baby . . .so now he's going to the playground monitor whinning and sobbing. "Mr. Rene they are being mean to me!"

what a little bewitch . . . no wonder she has no respect, hispanic, black, or gringo
Reply to this Post | Suggest removal
related links Posted by 254647 on May 20, 2008 at 9:29 a.m.

lol. I'm speechless. All I can do is laugh in disgust. And there's a mystery as to why the department is hurting for qualified candidates to apply. No one wants to work in a place like that. Heck ,if officers can't respect officers, how can the public? The repurcussions of this lack of respect will inevitably seep (if it hasn't already) into the attitude of the public and CCPD will have chaos in their hands. Time to clean house and earn back respect.
Reply to this Post | Suggest removal
related links Posted by 702603 on May 20, 2008 at 9:40 a.m.

Give me a break! Does every lawsuit in Nueces County have to include a race card? This is getting very weary. Until we reconcile our differences and quit chasing demons (on both sides) we'll never move forward in Corpus Christi.
Reply to this Post | Suggest removal
related links Posted by 232416 on May 20, 2008 at 9:43 a.m.

I wonder if Chief Smith showed up at Torres' home late one night drunk.
Reply to this Post | Suggest removal
related links Posted by 239291 on May 20, 2008 at 9:55 a.m.

Bryan Smith has to go...the CCPD department can't go one week without intrigue!

Bring back the Keystone Cops...wait a minute...Bryan Smith already has!
Reply to this Post | Suggest removal
related links Posted by 704925 on May 20, 2008 at 10:15 a.m.

Chief Smith has taken another step in cleaning up the CCPD. David Torres is a part of the good ole hispanic boy network that has been corrupting this Dept for a long, long time. The Chief has uncovered illegal practices at the Court House, the impound lot scandal and other things we don't even know about. This clean up he has initiated will cause him to get lots of flack from people who either don't know any better or have an agenda of their own. He is doing a lot for the betterment of this city at a great personal cost to himself. The three Chief's who preceeded him wouldn't dare try to solve the problems this Chief is addressing. For all of our good, I hope he has sufficient time to clean up this town before some of you haters manage to run him off.
Reply to this Post | Suggest removal
related links Posted by 240803 on May 20, 2008 at 10:35 a.m.

The only way to ge to the bottem of this mess is let Commander Torres and Chief Smith duke it out in court. I dought it will get this far, because thats where it really counts. Juries hear documented facts, cooberated testimonies and sworn statements. No hearsay, rumors, and meaningless accusations, like most of these posts.
Reply to this Post | Suggest removal
related links Posted by 709746 on May 20, 2008 at 11 a.m.

Smith cleaning up CCPD? He could not even clean his room. He is setting up his good ole’ white boy network with his new commander Mosely who we now read had let Celis walk on several occasions. Dirty cop! No doughnut for you! Smith’s drinking buddy Celis has deeper hooks into CCPD than most realize. Smith has nothing on Torres that’s why after all the bluffing and threatening; he went from wanting to fire him to a reprimand after consulting city legal.

The PD polygraph operator should be used for criminal investigations only, that Alvariazian hack should not do internal investigations that is improper. Smith refuses to let outside independent polygraphs be conducted because he can’t control the result. Did Bung take one for is role in the imound lot incident? Wonder if Smith will take one himself to put to rest his little “affair” last year. Nope didn’t think so. Torres was his only real competition for chief, now Smith wants him gone.

Don’t forget Alvarez also promoted Smith to commander so that was also one of his boys…Torres has raised some real concerns, sadly his choice of attorney and the tossing in of "discrimination" as an after thought along with the real issues will hurt his credibility.

Fire all commanders and above and start fresh. All of these guys are from back in the Garrett and Alvarez eras and even before. They are all badly compromised.

Skip are you there? Anybody home…
Reply to this Post | Suggest removal
related links Posted by 258638 on May 20, 2008 at 11:03 a.m.

in response to 239291

291 - that's three "I hate Bryan Smith" posts on this article and one on another article today. What's up? did he steal your girlfriend? How about trying to be part of the solution instead of just a whiny-boy blamer and name caller.
Reply to this Post | Suggest removal
related links Posted by 411404 on May 20, 2008 at 11:16 a.m.

in response to 258638

258638,

I think everyone is stating the only real solution. Cut out the cancer. Start fresh at the top with men and women of integrity. Our community and rank and file officers deserves as much. You advocate maintaining the corrupt status quo. The only reason for that would be that it some how benefits you. Right…
Reply to this Post | Suggest removal
related links Posted by 236373 on May 20, 2008 at 11:22 a.m.

in response to 258638

The solution is get rid of Bryan Smith.

Smith hasn't done anything for the police department but bring it shame.

Contrary to what you belive, this man is not the greatest thing since sliced bread. It's the day to day managers that get the job done, Smith shows up at the end, says good job and takes the credit.

Everybody loves a smooth talker. He throws out all of these statistics and impress naive people like you.

Get in the trenches, talk to the people on the front lines, I think you will be surprised to hear that the beat cops think Smith is useless.

Oh but he's a smooth talker, thats all some of us need.
Reply to this Post | Suggest removal
related links Posted by 239291 on May 20, 2008 at 11:22 a.m.

in response to 258638

"Steal my girlfriend?" LOL...nope he obviously still has you as his best girl!?

And I've seen him operate up close...he's no leader...he more fits the mold of a Chicken Little like so many other CC appointees who have sold their soul to the devil he has no leadership skills.

And the recent vote of confidence given to the PD instead needs to go out to the general public. Your "boyfriend" would be out of a job. Anything else "girlfriend?"
Reply to this Post | Suggest removal
related links Posted by 239291 on May 20, 2008 at 11:24 a.m.

258638 aka "Bryan's girl" --- looks like you stepped in some real do-do eh!?

Like Chief Smith's "issues" I don't think its gonna wash off of your shoe no matter how hard you scrub!
Reply to this Post | Suggest removal
related links Posted by 704925 on May 20, 2008 at 11:34 a.m.

in response to 709746

WOW!!!!!!!!!! So you have been in the Chief"s room. I am impressed.
Reply to this Post | Suggest removal
related links Posted by 700294 on May 20, 2008 at 11:46 a.m.

"According to an April 23 letter of contemplated disciplinary action signed by Smith and addressed to Torres, Vesely and Weber reported that Torres had full knowledge that officers had been purchasing vehicles from the lot and that Torres never indicated he felt the practice was inappropriate."

If this case filed by Torres ever gets to court, we will most likely find out that not only Torres, but Bung, Smith, Moseley, Walsh, and numerous other administrators knew about the transactions at the impound yard and all of them were less than truthful about this during the lynching of Jasso, Veseley, and Weber.
Reply to this Post | Suggest removal
related links Posted by 343021 on May 20, 2008 at 12:20 p.m.

Welcome to Mexico!!!!
Reply to this Post | Suggest removal
related links Posted by 258638 on May 20, 2008 at 12:24 p.m.

in response to 239291

Ok that's 5 "I hate Bryan Smith" blogs and you still haven't said anything of substance. Name calling is all you have when you have no argument. Go back to junior high before you are missed by the basketball coach.

411404
"Cut out the cancer. Start fresh at the top with men and women of integrity. ...You advocate maintaining the corrupt status quo. The only reason for that would be that it some how benefits you."

That's what it looks to me like Chief Smith is trying to do and the CAncer and his buddies are screaming bloody murder. Sounds like you might be in his sights too...

As for that vote of confidence thing, it was a joke from the word go. A college freshman could have put together something more scientific and the response was so poor as to be nonrepresentative.
Reply to this Post | Suggest removal
related links Posted by 262880 on May 20, 2008 at 12:30 p.m.

in response to 239291

You people don't have a clue. When SH*$ hits the fan, blame the guy on top. You people are nothing but Monday morning Quarterbacks.
Like the old say goes, "Coaches lose the game and players win them."
Reply to this Post | Suggest removal
related links Posted by 239291 on May 20, 2008 at 12:37 p.m.

in response to 258638

Whatever girlfriend!

As a matter of fact since you want something of "substance," why don't we go back a few months and first consider the Bryan Smith girlfriend/wife/rape/driving a city vehicle DRUNK affair that he was lucky enough to get swept under the rug!? That's when we all began to see through the haze that Bryan's drawers had actually fallen around his ankles.

Then the impound lot fiasco under his "Leadership!?"

And now the Torres issue that may cost the city $250,000.00? And then there are the obvious ties to his drinking/getting drunk buddy Mauricio Celis? The same guy indicted by Carlos Valdez?

Just what are you smoking with your rose colored glasses on as you lead cheers for what is obviously a Chief of Police with as many holes in his lackluster ability as a giant chunk of Swiss cheese!? Leadership my eye!

Now what girlfriend? You just got served again!
Reply to this Post | Suggest removal
related links Posted by 239291 on May 20, 2008 at 12:38 p.m.

in response to 262880

"Clue?" I'm more inside than you know....
Reply to this Post | Suggest removal
related links Posted by 425944 on May 20, 2008 at 12:43 p.m.

in response to 244414

The Chief was not drunk, and I am recommending your post be deleted.

Also, when Celis was being investigated the 1ST TIME, Chief Bryan Smith was not the Chief! Alvarez was!

Mauricio Celis has been lying and cheating his way through the system with the help of ex-Sheriff LARRY OLIVAREZ!!!

That's where this investigation needs to head. Straight to Larry's front porch. I'm sure you can find him with a sign over his porch stating "GOOD OLE' BOYS CLUB"!
Reply to this Post | Suggest removal
related links Posted by 409842 on May 20, 2008 at 12:47 p.m.

...so, will the caller times finally do a story on "the tractor" that was bought by a high administrator at the pd...he enjoyed the benefit of the "impound lot" fiasco...bryan smith can not hide behind this smooth talking anymore...but, who will report the truth...all of the truth? Will the caller times???? Doubt it...
Reply to this Post | Suggest removal
related links Posted by 239291 on May 20, 2008 at 12:58 p.m.

in response to 425944

"I am recommending your post be deleted!?" LOL

OOOOOooooooo...please don't...I'll be so disappointed if they delete my post. Who cares!? Like your taking away my birthday or sending me to Vietnam again? You are laughable.

One thing you can't delete is the entire public awareness in this area that under Bryan Smith the CCPD looks more like the Keystone Cops than a modern day police force! Not my fault...Skip Noe should have cut him when Smith was outed by himself in his first PUBLIC fisaco!
Reply to this Post | Suggest removal
related links Posted by 252944 on May 20, 2008 at 1:14 p.m.

in response to 239291

The CCAD employee!!! You started your comments at 8:23 and have had time to post 9 so far..WOW looks like your disappointing the tax payers with you wasting time and energy commeting so negative about anyone who gets on a story on the Callertimes. Your in every story commenting!
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related links Posted by 241339 on May 20, 2008 at 1:18 p.m.

Polygraph examinations are not admissable in courts because it is not 100% accurate. If Torres had requested a second exam after failing the first, they should have gave it to him. The two exams could have been compared for accurancy.
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related links Posted by 356013 on May 20, 2008 at 1:21 p.m.

Why is it that everytime something comes up that point to corruption everyone screams fire them all and start over?? One of these folks is telling the truth and one is not. Let a full investigation take place, present the evididence and let it speak for itself. If it is found Torres is untruthful, then fire him, if it turns out Smith is untruthful, fire him, but for goodness sake dont toss everyone out when its obvious someone is trying to clean up something.
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related links Posted by 246492 on May 20, 2008 at 1:39 p.m.

Man, ya'll are better than television. :)
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related links Posted by 239291 on May 20, 2008 at 1:47 p.m.

in response to 252944

Hey Bozo...you swallowed me being a CCAD employee hook line and sinker! LOL You really are a clown!

Get a grip. I actually work at Valero, Flint Hills, CCISD, OLPH, JC Penney's, Macy's, Del Mar, TAMUCC etc, etc. You goof...take your pick fool! LOL

This is cyberspace...and since you aren't a cybercop anyone in here can work anywhere they want. Matter of fact; I may even be retired. Have you thought of that Columbo? Get a grip junior.
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related links Posted by 239291 on May 20, 2008 at 1:49 p.m.

in response to 252944

Hey Columbo,

How would you know who is in "every story commenting" unless you are reading EVERY blog? LOL ... yep...like I said, you truly are a clown.
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related links Posted by 235557 on May 20, 2008 at 1:52 p.m.

How/why are his alleged damages $250,000?
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related links Posted by 704925 on May 20, 2008 at 1:57 p.m.

in response to 239291

Maybe the reason you are so angry at the Chief is that you found out that 709746 was in the Chief's room and left it messy. Don't you just hate when that happens?
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related links Posted by 239291 on May 20, 2008 at 2:25 p.m.

in response to 704925

LOL...that was funny...I needed that.

In all honesty, I'm not even "angry at the chief." I'm just more disgusted and fed up like thousands of other citizens locally with the poor leadership rife in this backwater burg! And the chief keeps stepping in crap and spreading it on this cities worn carpet.
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related links Posted by 238212 on May 20, 2008 at 2:53 p.m.

Chuck Norris would run all the scum out of Corpus Christi and if the shoe fits wear it.
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related links Posted by 236331 on May 20, 2008 at 2:56 p.m.

Pay the man his money. Police in Corpus don't know what the hell they're doing and they are overpaid! Did you know they get paid more than Texas DPS troopers?
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related links Posted by 704925 on May 20, 2008 at 3:06 p.m.

in response to 239291

I am glad you enjoyed my little joke. Our subject, however, is quite serious. I am sorry to hear you feel that the Chief is somehow lacking in leadership when he is actually placing his butt on the line trying to clean up a mess that has be accumulating for years. Chief Smith knew what was expected of him when he accepted the position and has been addressing a multitude of issues that need correcting. He must proceed slowly and cover his butt as best he can because LOTS of folks don't want him to succeed and upset their own little playhouse. I don't think this will go to trial but if it does, put your money on the Chief---- the other guy is a real loser.
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related links Posted by 710826 on May 20, 2008 at 3:32 p.m.

in response to 420495

"I think we know who the Minorities are around here"

I am one of those that does not know, please tell us, what to you is a minority?
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related links Posted by 356013 on May 20, 2008 at 3:52 p.m.

I wish I could live long enough when there are no quota's, no race card, no minorities, when we are all simply the good citizens of Corpus Christi, the good citizens of the State of Texas and we are all just plain old Americans. The day will come, but I fear not in my lifetime. What does corruption in the police department have to do with race anyway? You are corrupt or you are not corrupt, black, white, pink, brown or yellow makes no difference, corrupt is corrupt plain and simply. Poor peformance is poor performance, plain and simple, to think almost 50 years will have passed since MLK had a dream, and we all keep waiting for that dream to come true. Not that it matters, but to avoid the speculation on somes part, I am a white christain male, 52 years of age. that is a registered indepentant that tends to vote more republican. Now make fun of me if you want, but I consider myself neither a minority or majority, just me.
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related links Posted by 259150 on May 20, 2008 at 4:31 p.m.

What the hell was this story about?!?!? I already forgot reading all these sidebars!!
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related links Posted by 710826 on May 20, 2008 at 4:34 p.m.

in response to 463342

My question was "how can you tell" who is a minority without asking and you are not supposed to do that?
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related links Posted by 710237 on May 20, 2008 at 5:05 p.m.

I am disappointed to see so many disgruntled CCPD officers. it is evident that there are two camps within the department. You all almost remind me of the Bloods and the Crips (sp?) the way you all appear to have it out for each other.

The minority and the majority...I don't know who you are but who cares? Your job is to protect all of us but if you are even fighting among yourselves, how do I know you will protect all of us?

All of you are whiners as far as I'm concerned. Get back to being professional. Listen more than talk. Support more than tear yourselves down. Be more rational rather than irrational in your thoughts.

Good luck to all of you. Remember why you joined this force in the first place and the brotherhood you developed. See what you can all do to be part of the solutions and not part of the problems.

Neither minority or majority...I'm right in the middle.
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related links Posted by 241339 on May 20, 2008 at 8:30 p.m.

If minorty promotion or opportunity was an issue. Why is he a commander? I suspect because he deserved it, That card should not have been presented. What is the motive on the impound lot deal? He did not have any gain. He asked for a second polygraph and should have been give it.
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related links Posted by 247374 on May 20, 2008 at 9:44 p.m.

listen I am an officer,not a ccpd officer but I do work for a large department. Since chief Smith has come on board there has been way too much scandal and it is embarrassing every man and woman on the department. CCPD is a good department and always has been. Bring someone in as chief from the outside,fresh ideas, no bias,no scores to settle. Someone who wants to come in and return the good name that this dept deserves.Good luck to you all and hopefully the city manager and council will think and look outside of the box when looking for a chief.
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related links Posted by 709952 on May 20, 2008 at 9:49 p.m.

This is great! There is nothing better than to watch attorneys and our Corpus Christi Keystone cops at each other's throats. It's just like watching two piranhas going at it! This ought to keep CCPD occupied for a while and keep them from concentrating their efforts on more important matters like crime, drugs, gangs, and graffitti. Although, they're not very good at it, at least they try. And as long as the attorneys stay occupied suing each other or CCPD, then maybe they'll stay out of everyone else's hair including the noble medical profession.
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related links Posted by 709952 on May 20, 2008 at 9:55 p.m.

in response to 247374

That was a great comment. CCPD needs officers like you.
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related links Posted by 459079 on May 20, 2008 at 10:15 p.m.

in response to 247374

Last couple of times this has been done, in my memory, the Union & their cronies on the Council drove the Chief out of town. If you are honest, proactive, firm, fair, consistant and well rounded educationally in Law Enforcement - stay away from Corpus Christi!
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related links Posted by 362421 on May 20, 2008 at 10:36 p.m.

in response to 353782

First of all I want to say I'm sorry about the situation with your wife. Second, how dare you lable the entire police force "a bunch of criminals with badges who believe they are above the law". I am a police officer and have been for a very long time. For you to put me or the many others that I would die for in a category where I have spent years to avoid is ignorant on your part. I can understand if you are upset with one particular officer but, for you to lable all of us is stupid.

-B
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related links Posted by 710237 on May 20, 2008 at 10:52 p.m.

in response to 459079

Yeah, I've been wondering where the union is in all of this. They always get in the middle of it. I guess they are deciding whether to bring in Susie Luna.

Seriously, once the union gets involved deeper lines will be drawn and more ugliness will erupt. I have never seen a union do anything positive.

Unfortunatley, Chief B. Smith will always have his past following him around. I would think it would behove him to do more than the law requires when dealing with his officers....like when Torres requested another lie detector test.
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related links Posted by 362421 on May 20, 2008 at 10:52 p.m.

in response to 712634

Hey Dummy! You are more than welcome to have my gun and work my 10 hour shift. In fact, we are taking applications. That's if you have the stomach for it. Ya, I am a police officer and damn proud of it! I'm not out there to do YOU a favor. I'm out there to protect the community as a whole. "if they dont put poeple in jail, they dont get paid". You must really live under a rock. I, along with all the other officer's out there, get paid regardless. If you read what's going on in the article you will see that this is all ADMINISTRATION not the officer's that come to YOUR house when YOU need them.
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related links Posted by 710237 on May 20, 2008 at 11:10 p.m.

in response to 712634

it is evident that you feel this way purely because you have been a person who has been picked up, put in jail, gotten a traffic ticket, are a gang member, etc. You have not had a positive experience with the police because they were protecting others from people like you.

I think you would feel differently if you would clean up your life and follow the rules that make our community safe. Plus, one of these days you WILL need a cop and your tune will change.

You just talk big...much like that Garcia fellow who will get sentenced tomorrow for killing Mr. Herrero at Denny's. You seem to have his same disposition and personality. tsk tsk

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Saturday, June 09, 2007

Watt is nonacquiesence or the an antonym?

Acquiescence

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Acquiescence is, most generally, "permission" given by silence or passiveness.

The common law doctrine of estoppel by acquiescence is applied when one party gives legal notice to a second party of a fact or claim, and the second party fails to challenge or refute that claim within a reasonable time. The second party is said to have acquiesced to the claim, and is estopped from later challenging it, or making a counterclaim. The doctrine is similar to, and often applied with, estoppel by laches.

This occurred in the second Georgia v. South Carolina case before the U.S. Supreme Court in 1992, when it was ruled that Georgia could no longer make any claim to an island in the Savannah River, despite the 1787 Treaty of Beaufort's assignment to the contrary. The court said that the state had knowingly allowed South Carolina to join the island as a peninsula to its own coast by dumping sand from dredging, and to then levy property taxes on it for decades. Georgia thereby lost the island-turned-peninsula by its own acquiescence, even though the treaty had given it all of the islands in the river.

Silence is acquiescence is a related doctrine that can mean, and have the legal effect, that when confronted with a wrong or an act that can be considered a tortious act, where one’s silence may mean that one accepts or permits such acts without protest or claim thereby loses rights to a claim of any loss or damage.

[edit] Nonacquiescence

In law, nonacquiescence is a term of art applied to governments with separation of powers, where one branch refuses to acquiesce or comply with the decision of another. In the context of lawsuits, executive nonacquiescence in judicial decisions can lead to bizarre Kafkaesque situations where parties discover to their chagrin that their legal victory over the government is an empty one. Nonacquiescence can also possibly lead to a constitutional crisis, given certain critical situations and decisions.

In the United States, certain federal agencies are notorious for practicing nonacquiescence (essentially, ignoring court decisions that go against them). Although executive nonacquiescence has been heavily criticized by the courts, the U.S. Congress has not yet been able to pass a bill formally prohibiting such behavior.

In one of the most serious instances of nonacquiesence in the U.S., U.S. President Andrew Jackson ignored the U.S. Supreme Court ruling that Georgia had stolen Cherokee lands for the Cherokee Land Lottery in the early 1830s, when the first gold rush occurred. They were then forced off of their own land on the Trail of Tears, shammed in the Treaty of New Echota. The president was never officially held responsible for his blatant contempt of the court, about which he reportedly said: "they have made their decision, now let them enforce it".

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Tuesday, May 29, 2007

Department of Health and Human Services Office for Civil Rights

image: office for civil rights banner





Summary of Policy Guidance

Prohibition Against Discrimination on the Basis of Disability in the Administration of TANF (Temporary Assistance for Needy Families)

Department of Health and Human Services Office for Civil Rights

The United States Department of Health and Human Services (HHS) is issuing policy guidance on the prohibition of discrimination on the basis of disability in Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act of 1990 in the administration of TANF programs.

The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) created Temporary Assistance for Needy Families (TANF), and repealed the Aid to Families with Dependent Children Program (AFDC), the Job Opportunities and Basic Skills Training program (JOBS) and the Emergency Assistance program (EA). Both the Americans with Disabilities Act of 1990 (ADA) and the Rehabilitation Act of 1973 apply to TANF programs. See 42 U.S.C. § 608(c) (Federal TANF statute reiterating ADA/Section 504 application to TANF programs). Title II of the ADA provides that no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs or activities of a public entity, or be subjected to discrimination by any such entity. 42 U.S.C. § 12131. Section 504 of the Rehabilitation Act of 1973 prohibits the same discrimination by entities that receive Federal financial assistance. 29 U.S.C. § 794.

On August 27, 1999, the HHS Office for Civil Rights (OCR) issued two-part guidance on civil rights laws and welfare reform.(1) These materials explain how Federal civil rights laws apply to certain aspects of welfare reform. The purpose of the present guidance is to respond to a myriad of additional questions that have been raised by State agencies, counties, service providers, and persons with disabilities regarding the obligations to adopt methods for administering welfare programs to ensure equal opportunity for persons with disabilities in all aspects of a TANF program, including applications, assessments, work program activities, sanctions, and time limits. The guidance also is necessary because the Department has indicated that States may be subject to penalties if audits show that they "over-sanction," i.e., impose sanctions on individuals when sanctions are inappropriate.(2)

This policy guidance clarifies the obligations Title II of the ADA and Section 504 impose on State and local government entities, and on recipients of Federal financial assistance from HHS involved in TANF activities, in fulfilling their responsibilities pursuant to Title II of the ADA and Section 504 of the Rehabilitation Act.(3) Specifically, this guidance identifies essential requirements of an ADA-504 compliant TANF program that the Office for Civil Rights will apply in its compliance reviews and/or investigations of complaints of discrimination on the basis of disability in TANF programs. These requirements are not new; rather, they reiterate ADA Title II and Section 504 principles that OCR has been enforcing for many years.

The guidance also sets out "promising practices" - policies, procedures and other recommended steps that recipients and covered entities can take to ensure meaningful access to TANF programs by people with disabilities. These "promising practice" provisions are not mandatory requirements; they are one way for a TANF agency (as noted in footnote 3, this guidance uses the term "TANF agency" to refer to all covered entities under Section 504 and State and local governmental entities under Title II of the ADA) to meet obligations to ensure equal access through the provision of appropriate services, modify policies, practices and procedures to provide such access, unless doing so would result in a fundamental alteration to the program, and to adopt non-discriminatory methods of administration. Descriptions of possible approaches that comply with Section 504 and the ADA in this guidance should not be construed to preclude States from devising alternative approaches to meet these legal requirements.

OCR has provided substantial technical assistance for more than 20 years to recipients and covered entities seeking to ensure that people with disabilities can meaningfully access social service programs. This guidance applies that experience to the relatively new challenges presented in the complex context of administering TANF programs, and is consistent with OCR's commitment to seeking voluntary compliance by recipients and covered entities and its commitment to providing technical assistance. OCR will continue to be available to provide such assistance.

Policy Guidance

Prohibition Against Discrimination on the Basis of Disability

in the Administration of TANF (Temporary Assistance for Needy Families)

Table of Contents

Background

1. Legislative and Regulatory Framework

2. The Challenges

3. State Activities

4. OCR Guidance

Legal Authority

The Disability Policy Framework

a) Ensuring Equal Access to TANF Programs Through the Provision of Appropriate Services to People with Disabilities

b) Modifications of Policies, Practices and Procedures

c) Non-Discriminatory Methods of Administration

Coverage

1. Covered Entities

2. Protected Individuals

Legal Requirements and "Promising Practices"

1. The Legal Requirement to Ensure Equal Access to TANF Programs Through the Provision of Appropriate Services

Promising Practices in the Provision of Equal Access to TANF Programs

2. The Legal Requirement to Modify Policies, Practices and Procedures to Ensure Equal Access to TANF Programs and Services

Promising Practices in Modifying Policies and Programs to Ensure Access for People with Disabilities

The Legal Requirement to Adopt Non-Discriminatory Methods of Administration

Promising Practices in Non-Discriminatory Methods of Administration

Appendix 1: Example of Promising Practice in Modifying Policies and Programs to Ensure Equal Access -- Sample Diagnostic Review Checklist

Policy Guidance

Prohibition Against Discrimination on the Basis of Disability in the Administration of TANF (Temporary Assistance for Needy Families)

A. BACKGROUND

1. Legislative and Regulatory Framework

On August 22, 1996, President Clinton signed into law the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA).(4) This legislation repealed the Aid to Families with Dependent Children program (AFDC), the Job Opportunities and Basic Skills Training program (JOBS) and the Emergency Assistance program (EA) and created Temporary Assistance for Needy Families (TANF).

PRWORA requires that programs established with TANF funds serve one of four purposes, to:

(1) provide assistance to needy families so that children may be cared for in their own homes or in the homes of relatives;

(2) end the dependence of needy parents on government benefits by promoting job preparation, work, and marriage;

(3) prevent and reduce the incidence of out-of-wedlock pregnancies and establish annual numerical goals for preventing and reducing the incidence of these pregnancies; and

(4) encourage the formation and maintenance of two-parent families.(5)

Under TANF, States have flexibility in how they respond to individual family needs. In return, States are expected to move towards a strategy that provides appropriate services for needy families.(6)

PRWORA also specifies, among other things, that Section 504 of the Rehabilitation Act (Section 504) and the Americans with Disabilities Act (ADA) apply to any program or activity that receives Federal TANF funds.(7)

Title II of the ADA also applies to the programs and activities of all State and local government entities. Title II and Section 504 require State and local government entities and HHS Federal fund recipients to ensure equal access through the provision of appropriate services, to modify policies, practices and procedures to provide such access unless these modifications would fundamentally alter the nature of the service, program, or activity, and to adopt non-discriminatory methods of administration. The inclusion of these civil rights protections ensures equal opportunity for persons with disabilities to benefit from all aspects of welfare reform, including access to the proper support services to enable such individuals to work and to keep their families healthy, safe and intact.(8)

2. The Challenges

Notwithstanding gains in work for many TANF clients, other families with multiple barriers to work are at risk of losing benefits before obtaining employment or of being unable to benefit from TANF job training, education and other programs. Some former welfare beneficiaries have succeeded in moving to work despite extraordinary obstacles. However, others, due to known or unrecognized disabilities, need additional training, accommodations, and support services to prepare for or succeed at work.

According to a recent report by the Presidential Task Force on Employment of Adults with Disabilities, studies show that as much as 40 percent of the adult welfare population may have learning disabilities. The studies also found that up to 28 percent of welfare beneficiaries have mental health conditions.(9) A significant number of these beneficiaries also have physical disabilities, while some have multiple impairments or face multiple barriers to work.(10)

Reports of the Presidential Task Force on Employment of Adults with Disabilities point to a multitude of employment barriers faced by persons with disabilities, including inadequate work opportunities resulting from discrimination and inadequate education and job skills, as well as lack of access to health insurance. The complexity of existing work incentives and lack of benefits counseling also raise significant employment hurdles for people with disabilities.(11)

3. State Activities

In the course of its enforcement activities, OCR has found that States vary significantly in the extent to which they have planned and implemented policies, practices, and procedures to identify barriers to employment for people with disabilities and provide necessary supports and services. Many States have undertaken substantial efforts to address the needs of individuals with disabilities, especially for individuals with learning disabilities. Other States, however, have no systems established for assessing the needs of people with disabilities or for ensuring access to programs or services of their TANF programs. In still others, although States have made significant efforts to design TANF policies, practices and procedures promising equal opportunity for individuals with disabilities, TANF agency personnel lack adequate training and educational or training programs identified as necessary for beneficiaries are not available.

For some public entities, TANF policies relating to individuals with disabilities consist only of exemption from TANF requirements. This practice, however, denies individuals with disabilities access to TANF services and results in discriminatory exclusion of many individuals with disabilities from the program.(12) The Federal TANF statute is founded on the public policy that individuals formerly on welfare will be better off if provided with job and/or training opportunities rather than continued public assistance. This same policy should be applied, where appropriate, to those formerly eligible for public assistance who have disabilities, but who can work if provided with modified training or accommodated job opportunities. Applying and implementing this policy may require modification of agency procedures, policies and practices to allow people with disabilities to benefit from the employment and training opportunities offered to others.

4. OCR Guidance

On August 27, 1999, the HHS Office for Civil Rights (OCR) issued two-part guidance explaining how Federal civil rights laws apply to certain aspects of welfare reform on civil rights laws and welfare reform.(13) The purpose of the present guidance is to respond to additional questions that have been raised by State agencies, counties, service providers, and persons with disabilities regarding the obligations to adopt methods for administering the TANF program to ensure equal opportunity for persons with disabilities in all aspects of the program, including applications, assessments, work program modifications, sanctions, and time limits.

This policy guidance clarifies the obligations Title II of the ADA and Section 504 impose on State and local government entities that are involved in the delivery or administration of TANF programs, and on recipients of Federal financial assistance from HHS involved in TANF activities, in fulfilling their responsibilities pursuant to Title II of the ADA and Section 504 of the Rehabilitation Act. Specifically, this guidance identifies essential requirements of an ADA-504 complaint TANF program that the Office for Civil Rights will apply in its compliance reviews and/or investigations of complaints of discrimination on the basis of disability in TANF programs. These requirements are not new; rather, they reiterate ADA Title II and Section 504 principles that OCR has been enforcing for many years. This guidance is limited to the social services context, and is not intended to address the obligations of employers under Section 504 or Title I of the ADA.

The guidance also sets out "promising practices" - policies, procedures and other recommended steps that recipients and covered entities can take to ensure meaningful access to TANF programs by people with disabilities. Many of the "promising practices" are based on reports of current TANF practices in a number of States and other localities. These "promising practice" provisions are not mandatory requirements; they are one way for a TANF agency (as noted in footnote 3, this guidance uses the term "TANF agency" to mean all covered entities under Section 504 and State and local governmental entities under Title II of the ADA) to meet the obligation to provide individuals with disabilities with an equal opportunity to benefit from TANF programs, to reasonably modify TANF policies for individuals with disabilities and to adopt non-discriminatory methods of administering TANF programs. Descriptions of possible approaches that comply with Section 504 and Title II of the ADA in this guidance should not be construed to preclude States from devising alternative approaches to meet these legal requirements.

This guidance does not, and is not intended to, reflect the best of the full range of TANF practices with respect to individuals with disabilities. The "promising practices" portion of the guidance should therefore be regarded as a work in progress while States continue to develop more and better solutions to issues raised by disability in administering TANF programs.

B. LEGAL AUTHORITY

The Disability Policy Framework

The legal framework governing the administration of programs, projects, and activities by State agencies and service providers are set out in regulations promulgated by the Department of Justice(14) and the Department of Health and Human Services.(15) A recitation of the key provisions is set out in OCR's August 27, 1999 Technical Assistance materials concerning welfare reform and disability issues.

Two concepts central to Section 504 and Title II of the ADA are of particular importance to administration of TANF programs in a manner that ensures equality of opportunity for individuals with disabilities. These concepts are: (1) individualized treatment; and (2) effective and meaningful opportunity.

Individualized treatment requires that individuals with disabilities be treated on a case-by-case basis consistent with facts and objective evidence. Individuals with disabilities may not be treated on the basis of generalizations and stereotypes.(16) Such prohibited treatment would include denying TANF beneficiaries with disabilities access to parts of the TANF agency's program based on the stereotypical view, unsupported by any individual assessment, that people with disabilities are unable to participate in anything but the most rudimentary work activities.

Moreover, individuals with disabilities must be afforded the opportunity to benefit from TANF programs that is as effective as the opportunity the TANF agency affords to individuals who do not have disabilities,(17)

and must also be afforded "meaningful access" to TANF programs.(18)

TANF agencies must provide reasonable accommodations, auxiliary aids and services, and communication and program accessibility, unless the agency can demonstrate that such provision would result in a fundamental alteration in the nature of the program or in undue financial and administrative burdens. TANF agencies must also make reasonable modifications to policies, practices, and procedures when the modifications are necessary to avoid discrimination on the basis of disability unless the agency can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity.(19)

In addition, the "methods of administration" or operating methods of a TANF agency must not have a discriminatory effect. Specifically, a public entity may not directly or through contract or other arrangement utilize criteria or methods of administration that, among other things, have the effect of subjecting qualified individuals with disabilities to discrimination on the basis of disability, or that have the purpose or effect of defeating or substantially impairing accomplishment of the objectives of the public entity's program with respect to individuals with disabilities.(20)

In this guidance, the Office for Civil Rights addresses three key requirements of Title II of the ADA and 504 that are relevant to the rights of TANF beneficiaries with disabilities. These requirements are: (1) to ensure equal access through the provision of appropriate services; (2) to modify policies, practices and procedures to provide such access, unless doing so would result in a fundamental alteration to the program; and (3) to adopt non-discriminatory methods of administration. The essential components of these requirements are set forth below, along with promising practices that outline steps that TANF agencies and providers can take to accommodate the needs of TANF beneficiaries with disabilities. The promising practices are illustrative and are not mandatory requirements. Thus, a TANF agency's failure to take particular steps outlined in this promising practices will not by itself result in a finding of noncompliance by OCR.

a. Ensuring Equal Access to TANF Programs Through the Provision of Appropriate Services to People with Disabilities

The TANF agency provides TANF beneficiaries who have disabilities with appropriate services. These services are designed to afford TANF beneficiaries who have disabilities with an opportunity to participate in or benefit from the TANF program that is equal to the opportunity the agency affords to non-disabled individuals.

b. Modifying Policies, Practices and Procedures to Ensure Equal Opportunity

The TANF agency modifies policies, practices and procedures when necessary to ensure equal opportunity for people with disabilities. Modifications required may affect all stages of the TANF program, from application to training, education and work stages, to ensure that people with disabilities have an equal opportunity to benefit from TANF programs. The TANF agency should undertake a comprehensive examination of its own policies, practices and procedures to determine changes necessary to ensure that TANF participants with disabilities have an equal opportunity to benefit, or otherwise ensure that necessary modifications to policies, practices and procedures are made.

c. Non-Discriminatory Methods of Administration

The TANF agency operates its program in such a way as to ensure that individuals with disabilities are not subjected to discrimination on the basis of disability. In order to ensure that the agency's policies and practices do not subject individuals to disability-based discrimination, the TANF agency should: train its staff to provide equal access to TANF programs for individuals with disabilities; ensure that training occurs for staff of service providers who have contractual or vendor relationships with the TANF agency; establish clear written policy that incorporates modifications to policies, practices and programs made to ensure access for persons with disabilities; conduct regular oversight of TANF programs and services to ensure that people with disabilities have equal access; or otherwise ensure that its policies and practices do not subject individuals with disabilities to discrimination.

Section D of the guidance provides additional details about legal requirements and about "promising practices" that may assist TANF agencies in carrying out their legal obligations.

C. COVERAGE

1. Covered Entities ("TANF Agencies")

Title II of the ADA covers all States, as well as counties and other local governments administering all or part of a TANF program. In addition, Section 504 covers all entities that receive Federal financial assistance from HHS, either directly or indirectly, through a grant, contract or subcontract.(21)

Under Section 504, "covered entities" include any State or local agency, private institution or organization, or any public or private entity that (1) operates, provides or engages in health or social service programs and activities and that (2) receives federal financial assistance from HHS directly or through another recipient/covered entity. Examples of covered entities include but are not limited to State, county and local welfare agencies, programs for families, youth and children, job training and welfare to work agencies and their contractors, subcontractors and vendors, whether public or private, for-profit or nonprofit, and other providers who receive Federal financial assistance from HHS. As noted earlier, this guidance uses the term "TANF agency" to refer to covered entities under Section 504 and State and local governmental entities under Title II of the ADA.

2. Protected Individuals

Federal definitions govern who is considered an individual with a disability for purposes of compliance with the ADA and Section 504. The ADA and Section 504 define a "disability" with respect to an individual to mean a physical or mental impairment that substantially limits one or more of the major life activities of such individual, a record of such an impairment, or being regarded as having such an impairment. See 28 C.F.R. § 35.104 (definitions section of ADA Title II regulations); See also U.S. Department of Justice, The Americans with Disabilities Act: Title II Technical Assistance Manual, at 4-9 (Nov. 1993); See also 45 C.F.R. § 84.3(j)(1)(I) (definitions section of Section 504 regulations). The definition of disability under the ADA and Section 504 is a different definition of disability than that typically used to determine eligibility in programs that provide cash assistance based upon disability, such as the Federal Supplemental Security Income and Social Security Disability Insurance programs. It may also be different than the definition of disability that some States use in determining whether an individual may be exempt from certain program rules in TANF.

D. LEGAL REQUIREMENTS AND "PROMISING PRACTICES"

1. The Legal Requirement to Ensure Equal Access to TANF Programs Through the Provision of Appropriate Services

TANF agencies must afford qualified individuals with disabilities an opportunity to participate in or benefit from TANF programs that is equal to the opportunity the agency offers to individuals without disabilities.(22)

In order to comply with this legal requirement, TANF agencies must provide TANF beneficiaries with disabilities with services that are appropriate, and that give these beneficiaries an equal opportunity to benefit from the agency's job placement, education, skills training, employment and other TANF activities.

The TANF statute and regulations require the TANF agency to assess the "skills, prior work experience and employability" of beneficiaries.(23)

It is critical that TANF beneficiaries with disabilities receive an assessment that allows them equal opportunity to benefit from TANF programs and the assessment process. This assessment should incorporate an individualized analysis of each person's ability to meet the program requirements, rather than on stereotypes or assumptions about the effect of a type of a disability. TANF agencies should tell applicants and beneficiaries that, although disclosure of disability is not required, individuals can alert the agency to a disability.(24)

Agencies should also inform applicants and beneficiaries that any disclosure is voluntary. At a minimum, intake workers should be able to recognize potential disabilities, and to conduct an initial screening to identify possible disability for those individuals who agree to undergo screening. Such screening should be conducted only by trained staff, using screening tools that have been properly validated. If there is an initial indication that an individual has a disability that may impact his/her ability to successfully complete or benefit from a current or proposed program assignment based on applicant or beneficiary disclosure, an initial screening or other information, the TANF agency should give the individual an opportunity for a more comprehensive evaluation or assessment.(25)

The appropriate services provided by the TANF agency should be based on the agency's review of its own programs (See discussion of "diagnostic review," in Section D.2), on TANF beneficiaries' needs as identified through the agency's screening and assessment processes, or on other methods the TANF agency utilizes to ensure that appropriate services are provided. For example, an individual with a learning disability or mental retardation may need specialized instruction in reading and writing before the individual can comply with a TANF plan that requires the individual to obtain employment. A person may also need on-the-job training and mentoring. A person may need job skills training or employment opportunities in settings that are accessible for individuals with mobility impairments.

The TANF agency's obligation to ensure equal access to TANF programs for individuals with disabilities also includes the obligation to ensure that service providers have the requisite knowledge, experience, and expertise to serve beneficiaries with disabilities.(26) Without such providers, TANF beneficiaries with disabilities may be deprived of equal access to TANF programs while they wait for services, or are diverted to inappropriate services. Since the TANF statute establishes a 60-month limit on TANF benefits and allows more stringent limits at State option, a TANF agency's failure to ensure an adequate supply of knowledgeable service providers for people with disabilities may result in their being terminated from the TANF rolls without having obtained the job skills or work experience necessary to move successfully from welfare to self-sufficiency.

TANF agencies must also ensure that individuals with disabilities have access to the entire range of TANF programs and services for which they are qualified, with or without reasonable accommodation.(27) Agencies must provide TANF programs in the most integrated setting appropriate to the needs of individuals with disabilities.(28) Thus, agencies should take steps to ensure that individuals with disabilities can participate in all programs and services for TANF beneficiaries, not just those programs and services that are designed solely for individuals with disabilities.(29)

TANF agencies have the obligation to ensure effective communication with individuals who have hearing, speech, or visual impairments. TANF agencies must provide such persons with auxiliary aids (including such aids as interpreters, note-takers, and materials in alternative formats) if necessary to ensure effective communication, so long as providing these aids does not cause a fundamental alteration in the TANF program or result in undue financial or administrative burdens.(30)

In addition, TANF agencies may not exclude individuals with disabilities by providing TANF services in buildings that are inaccessible to people with mobility impairments. The TANF agency is not, however, required to make structural changes in existing facilities where other methods are effective in achieving equal access.(31)

New construction and alterations to existing facilities must be made accessible and useable by persons with disabilities except where structurally impracticable.(32)

Finally, TANF agencies frequently use contracts and vendors in the administration of their TANF programs. Agencies should be aware that these contractual and financial relationships do not eliminate TANF agencies' responsibility to ensure that TANF beneficiaries are not subjected to disability-based discrimination, even if such discrimination is more directly the result of unlawful treatment by TANF contractors and vendors. Implementing regulations for Section 504 and Title II of the ADA state clearly that a recipient of federal funds (in the context of Section 504) or a State or local government program (in the context of the ADA), may not directly or indirectly (e.g., "through contractual or other arrangements") put into place, or allow to be into place, a system or program which has the effect of subjecting qualified individuals with disability to discrimination on the basis of disability.(33)

Thus, TANF agencies are responsible for ensuring that the opportunities afforded TANF applicants and beneficiaries with disabilities to participate in TANF program benefits and services are equal to the opportunities afforded to applicants and beneficiaries without disabilities, even if the TANF agency carries out its program through the use of contractual or other arrangements.(34)

Promising Practices in the Provision of Equal Access to TANF Programs

Examples of practices that, if effectively implemented, would assist TANF agencies in ensuring that individuals with disabilities are provided with an assessment that affords equal opportunity to benefit from TANF programs, including the assessment process, include:

* •The TANF agency utilizes a combination of screening and assessment tools to determine whether TANF beneficiaries face a variety of obstacles, including physical, emotional, learning or behavioral disabilities.(35)

* •The TANF agency trains its case workers to administer a client interview guide and objective screening instruments designed to identify TANF beneficiaries who may have learning disabilities. The TANF agency then refers beneficiaries who appear to have learning disabilities for an in-depth assessment by the State vocational rehabilitation agency or by mental health or education providers.(36)

* •When there is an initial indication that applicants and beneficiaries may have disabilities as a result of applicant or beneficiary disclosure, an initial screening or other information, these individuals are offered the opportunity to receive a comprehensive assessment. This assessment determines: whether the individual in fact has disabilities; the nature of any disability; the extent to which the individual is capable of employment or participation in employment-related (e.g. job training or education) activities and under what conditions; the implications of the disability on securing and maintaining employment; the appropriateness of a particular work assignment or plan for employment; the need for reasonable accommodations, reasonable modifications to policies, the provision of auxiliary aids and services and communication assistance; the need for training and education prior to employment; the applicability of work participation rules and time limits, and the appropriateness of applying sanctions. To the extent the State requires the development of an individual responsibility plan, the components of the plan must be based on results of such assessments as are undertaken by the State.

* •The TANF agency ensures that qualified personnel, including specialized staff, conduct comprehensive assessments.(37) Specialized staff may provide assessments and other assistance for TANF beneficiaries who are unable to complete work activities, do not remain employed and who are recommended for further assessments by a service provider.(38) The agency might also decide to adopt a team approach to assessments, including psychologists and other medical, vocational, and rehabilitation experts, who are trained in making assessments of adults with disabilities in the employment context.

* •The agency ensures that any screening or assessment tools it uses are validated for the purposes for which they are intended.

Examples of practices that, if effectively implemented, would assist TANF agencies in providing appropriate services to ensure equal access to individuals with disabilities include:

* •A TANF agency provides appropriate counseling services (e.g., mental health services, anger management counseling) to TANF beneficiaries with mental or emotional disabilities who have barriers to employment and self-sufficiency.(39) The TANF agency establishes linkages and partnerships with other public (including State education and vocational rehabilitation agencies, State community colleges), nonprofit or private agencies to fulfill these aspects of their obligations under the Title II of the ADA and Section 504.
* •To evaluate and properly serve TANF beneficiaries who may be hampered by a variety of barriers to employment, the TANF agency enters into a partnership with the State vocational rehabilitation agency to provide assessment and follow-up services for long-term TANF beneficiaries. TANF beneficiaries who are eligible for vocational rehabilitation services are provided with such services. The vocational rehabilitation agency develops an "employability plan" for beneficiaries who are ineligible, and refers these beneficiaries back to the TANF agency for plan implementation.(40)
* •TANF beneficiaries identified by case workers as having learning, mental and physical disabilities are referred to providers who have contracted with the agency to provide services for individuals with these disabilities and for other TANF beneficiaries identified by the agency as "hard to serve." The contractors help TANF beneficiaries prepare for, find and maintain jobs.(41)
*

•In order to ensure an adequate supply of providers, the TANF agency reimburses providers in such a way as to facilitate, rather than impede, equal opportunity for individuals with disabilities to benefit from the TANF program. Where the State establishes a system of outcome-based reimbursement (i.e., of paying service providers only when TANF beneficiaries complete a program) the TANF agency takes into consideration the additional costs of providing services to persons with disabilities so that service providers do not reject such persons, or provide them with inappropriate or inadequate services to persons with disabilities.

* •When individuals with disabilities leave the TANF program, the TANF agency conducts "exit interviews" that include a discussion of whether the individuals believe that any disabilities they have were appropriately assessed, and whether the individuals' disability-related needs were addressed and accommodated. The agency utilizes this information to refer individuals with disabilities to other support services that may assist them after they are no longer TANF beneficiaries, and to evaluate the agency's own effectiveness in serving beneficiaries with disabilities (See, e.g, discussion of "diagnostic review," in Part D.2, below).

Examples of practices that, if effectively implemented, would assist TANF agencies in affording individuals with disabilities access to all TANF programs for which they are qualified include:

* •The TANF agency enters into a partnership with a non-profit agency to provide supportive services that enable individuals with developmental disabilities to participate in the work activities of subsidized public and private employment.
* •The TANF agency provides a special job training course for TANF beneficiaries with speech and hearing impairments, but it does not require these individuals to participate in the special program or refuse to permit individuals with speech and hearing impairments to participate in job training courses in which both individuals with disabilities and individuals without disabilities participate.

Examples of practices, that, if effectively implemented, would assist TANF agencies in providing individuals with disabilities with equal access to TANF programs when TANF services are provided through contractual and other relationships include:

* •The TANF agency obtains information from contractors and vendors as part of the agency's diagnostic review process (see discussion of diagnostic review in Part D.2 below) that includes information about accessibility, reasonable accommodations and appropriate services for people with disabilities.

* •The TANF agency provides training and technical assistance to contractors and vendors regarding the needs of and appropriate services for individuals with disabilities.
* •The TANF agency provides training and technical assistance to contractors and vendors regarding reasonable modifications to policies, practices and procedures and reasonable accommodations and auxiliary aids for individuals with disabilities.

* •The TANF agency monitors contractors and beneficiaries for compliance with Title II of the ADA and Section 504 (see additional discussion of monitoring in Part D-3, below).

2. The Legal Requirement to Modify Policies, Practices and Procedures to Ensure Equal Access to TANF Programs and Services

Program providers are required to make reasonable modifications to policies, practices, and procedures that deny equal access to individuals with disabilities unless a fundamental alteration in the program would result.(42)

In order to ensure that necessary modifications are made, the TANF agency may need to conduct a diagnostic review of agency policies, practices and procedures. Based on this review, the agency would determine changes necessary to ensure that people with disabilities have an equal opportunity to benefit from TANF programs. As part of this review, the TANF agency would conduct a thorough assessment of the prevalence of various populations of people with disabilities who participate in its TANF programs. Based on this information, the entity analyzes each step of the TANF program to determine what changes are necessary to ensure people with disabilities have an equal opportunity to access and benefit from TANF programs and related activities. Appropriate areas for modification following a diagnostic review include: (1) the application process and procedures relating to notifying beneficiaries of their rights; (2) the nature and requirements of TANF programs; and (3) policies and practices to aid individuals in sustaining TANF program participation. Programs appropriate for a diagnostic review include TANF, "welfare to work," child care, and any other forms of Federally assisted or State or local government-run programs related to TANF activities. Alternatively, the TANF agency may engage in other means to ensure that necessary modifications are made to policies, practices and procedures.

TANF agencies should also make reasonable modifications in policies and practices that govern exemptions for individuals who are unable to meet requirements and sanctions for such failure. For example, TANF agencies may exempt individuals with disabilities from work requirements or time limits when, due to their disabilities, these individuals are unable, with or without reasonable accommodation, to participate in work or other TANF program requirements.(43)

In addition, rather than sanctioning TANF beneficiaries who, due to their disabilities, do not comply with work or other program requirements, TANF agencies may make reasonable modifications that facilitate compliance, or grant extensions or temporary exemptions to TANF requirements.(44)

Promising Practices in Modifying Policies and Programs to Ensure Access for People with Disabilities

Examples of practices, that, if effectively implemented, would assist TANF agencies in modifying policies and programs to ensure access for people with disabilities include undertaking a "diagnostic review" of current programs and practices:

* •In order to better understand the barriers to employment for TANF beneficiaries, the TANF agency conducts a study to determine the prevalence of specific barriers among the TANF population, including learning disabilities, mental disabilities, physical disabilities, and possible low IQ.(45) Based on this information, the agency develops screening mechanisms and services designed to assist TANF beneficiaries with these barriers to participate in the TANF program.(46)

* •With respect to each step of the welfare or TANF program, the TANF agency develops an "ADA/504 checklist" to ascertain accessibility for persons with various types of disabilities. See Sample Diagnostic Review Checklist at Appendix 1. The checklist covers every aspect of the entity's program, from the application stage (including checklist questions regarding assistance provided to individuals with disabilities); to the screening/assessment stage (including checklist of methods to determine the existence of disability and necessary accommodations); to the education/training and employment stage (including checklist questions used by the agency to ensure that contractors and vendors are educated about and implement appropriate accommodations).

Examples of practices, that, if effectively implemented, would assist TANF agencies in modifying policies and programs to ensure access for people with disabilities include modifications in the application process and procedures relating to notifying beneficiaries of their rights:

* •A TANF agency with a complicated application process modifies its application process to ensure the process is accessible to individuals with learning disabilities or mental retardation. The agency may do this by modifying the application form itself, by obtaining the information needed to apply for benefits through a verbal interview, by providing necessary assistance for individuals with disabilities to complete the application process, or by other similar means.
* •A TANF agency includes the following language in notices:

"If you have a physical or mental condition that substantially limits one or more major life activities, you may have rights under Section 504 of the Rehabilitation Act and the Americans with Disabilities Act. Physical or mental conditions include, for example, a learning disability, mental retardation, a history of drug or alcohol addiction, depression, a mobility impairment, or a hearing or vision impairment.

You can let us know if you have a disability.

If you cannot do something we ask you to do, we can help you do it or we can change what you have to do.

Here are some of the ways we can help:

We can call or visit if you are not able to come to our office.

We can tell you what this letter means.

If you are on [insert the name of the TANF program], we can help if you cannot do something in your plan.

We can help you devise an employability plan that allows you to work even though you have a disability.

We can help you appeal.

If you need some other kind of help, ask us. Call your caseworker or call.."(47)

* •Where a TANF agency's notice is sent to a person the agency knows will be unable to comprehend the notice due to a mental impairment or learning disability, the TANF agency modifies its procedures to ensure other modes of communication are attempted, such as oral communication, phone calls, and home visits, before taking a negative action based upon the notice.

* •Where the TANF beneficiary would like the agency to involve a family member, a legal representative, or another advocate to assist the person in understanding TANF agency rules and the consequences of not following them, and to assist the agency to understand the beneficiary's limitations, the TANF agency incorporates such persons in the process. The TANF agency would not, however, avoid its own obligations to explain policies in a meaningful manner, or to provide interpreters or other required assistance.

* •When communicating with TANF beneficiaries, the TANF agency routinely includes: (1) easy to understand instructions for those with developmental or mental impairments; (2) TTY numbers for persons who are deaf/hearing impaired; and (3) location of accessible sites for people with mobility impairments. The TANF agency also posts signage alerting people with disabilities how they can obtain further assistance.

Examples of practices, that, if effectively implemented, would assist TANF agencies in modifying policies and programs to ensure access for people with disabilities include modifications in education, job training, work and other TANF programs:

* •The TANF agency provides services appropriate to address the needs of beneficiaries with disabilities as identified by the beneficiary in the screening process or assessment processes, or at some other time. For example, a person with a specific learning disability or mental retardation is provided with specialized instruction in reading and writing so that the individual can comply with a TANF plan that requires the individual to obtain employment.

* •The agency modifies procedures to ensure that beneficiaries with disabilities receive on-the-job training, and/or training and supports over a longer period than typically afforded if necessary, and time limits are suspended. For example, a TANF agency allows TANF beneficiaries who score below the ninth-grade level on a standardized adult basic education test to enroll in adult basic education classes. The TANF program's time limits and work requirements do not apply to these beneficiaries until beneficiaries either reach the ninth-grade level or complete adult basic education courses.(48)

Similarly, an agency suspends State-imposed time limits while individuals with suspected learning disabilities are being assessed.(49)

* •The TANF agency continuously reviews the progress of TANF beneficiaries to ascertain whether a beneficiary's disability is affecting the ability to make progress toward meeting an employment goal. This responsibility includes providing follow-up contact on missed appointments or missed deadlines and referral for additional comprehensive assessments if the beneficiary is not making progress in ability to find work or in work assignments.

* •A TANF agency broadly defines activities that "count" toward the State's TANF work participation rate(50)

in order to assist TANF beneficiaries with disabilities, such as including supported work activities(51) in the definition of subsidized private employment.(52)

TANF allows States to use their discretion in defining "countable" activities.(53)

* •A State TANF agency establishes practices that permit TANF beneficiaries with disabilities to engage in certain "allowable" activities, such as granting work credit for TANF beneficiaries who are engaged in remedial education if those beneficiaries are also working part-time, even though such activities will not "count" for purposes of the State's TANF work participation rate.(54)

States may establish their own work requirements, and may choose to recognize participation in other activities toward these requirements. States may use TANF funds for a wide variety of activities designed to meet the purposes of TANF, whether or not these activities are countable toward either State or federal work requirements.

Examples of practices, that, if effectively implemented, would assist TANF agencies in modifying policies and practices to ensure access for people with disabilities include modifications in policies and practices concerning exemptions, extensions and sanctions:

* •The TANF agency modifies work program procedures to ensure that, where a TANF beneficiary has a known disability that prevents the beneficiary from carrying out work requirements with or without reasonable accommodations, the individual is exempted from the work requirement.
* •A TANF agency exempts individuals with disabilities from State-imposed time limits, or provides an extension to the 60-month limit imposed by federal law.
* • A TANF agency requires a beneficiary with a disability to complete ten job contacts within one week. The beneficiary completes only six contacts, explaining that her disabilities - active cancer and a chronic mental illness - prevented her from securing ten contacts. Instead of sanctioning the beneficiary, the TANF agency takes her disability into consideration, and modifies the job search requirement to six contacts per week.
* •A TANF agency grants TANF beneficiaries who have been diagnosed with learning disabilities an extension to State-imposed time limits for completing education and training programs when the failure to complete these programs in accord with time limits is the result of the beneficiaries' disability.(55)
* •A TANF beneficiary who receives mental health counseling on a regular basis during the work day requires a flexible schedule. The employer to whom the beneficiary is referred is unwilling to permit this flexibility and will hire the beneficiary only if the beneficiary agrees to keep a consistent, pre-established schedule. Rather than sanction the beneficiary for failure to obtain employment, the TANF agency either works with the employer to make the accommodation required by the beneficiary or provides the beneficiary with an alternative referral.

Examples of promising practices, that, if effectively implemented, would assist TANF agencies in modifying policies and programs to ensure access for people with disabilities also include modifications in policies and practices that aid individuals in sustaining TANF program participation:

* •A TANF agency that utilizes individual responsibility plans addresses in the plan not only the suitability of job opportunities, but also the needs of a beneficiary with a disability for health care, benefits counseling, and disability-related services and supports. Because many persons with disabilities face multiple barriers and require interventions funded by a multiplicity of agencies and programs, the agency also provides comprehensive case management/service coordination.
* •The TANF agency takes steps to ensure that the person with a disability is applying for benefits for which the person or his/her children may be eligible, including benefits available through State-operated programs such as Medicaid, Children's Health Insurance Program benefits, Food Stamps, child care, transportation assistance.
* •Where a family has a child whose disability affects the parent's ability to work, the TANF agency modifies its practices to facilitate the parent's compliance with an employment plan. For example, the TANF agency grants the parent an extension of time to meet work requirements until the time that specialized child care required by her child is available, or helps identify appropriate child care so that the parent can work. Similarly, where the parent does begin to work and then is unable to work because of the repeated need to leave work to care for the child with a disability, the TANF agency establishes procedures which ensure that the parent and her family are not sanctioned for the parent's inability to retain her job.(56)

* •Where a TANF beneficiary, as a result of a disability, needs intervening assistance, training, or treatment in order to continue working, the TANF agency provides it. When there is a break in a person's work or training due to a disability, the agency does not simply determine the person is no longer eligible for supports such as child care, transportation, and training when she is able to return to work or training. Further, time limits may be extended.

3. The Legal Requirement to Adopt Non-Discriminatory Methods of Administration

TANF agencies may not utilize methods of administration that have the effect of subjecting qualified individuals with disabilities to disability-based discrimination.(57)

This legal requirement governs both activities engaged in directly by the TANF agency, as well as activities that the agency carries out through contractual or other arrangements.(58)

The phrase "methods of administration" refers to the "official written policies" of the TANF agency and to the "actual practices" of the agency.(59)

TANF agencies may need to fulfill their obligation to ensure that the agency's policies and practices do not subject individuals to disability-based discrimination by TANF agencies by training staff to provide equal access to TANF programs for individuals with disabilities. Effective training is one means of ensuring that there is not a gap between a TANF agency's written policies and procedures, and the actual practice of employees in the front line interacting with persons with disabilities. Effective training ensures that employees are knowledgeable and aware of policies and procedures relating to persons with disabilities and are trained to work effectively with persons with disabilities. The TANF agency should also ensure that similar training is provided to staff of TANF contractors and vendors to help these providers carry out TANF activities that comply with Title II and Section 504.

TANF agencies may need to fulfill their obligation to ensure that the agency's policies and practices do not subject individuals to disability-based discrimination by developing and implementing a comprehensive written policy that incorporates modifications made to policies, practices and programs. Clear written policies that describe in detail how to respond when a TANF participant has a disability should be provided to all TANF agency and provider staff who have contact with beneficiaries with disabilities. These policies should be incorporated into any manual, handbook or directive that sets out agency policy with respect to the State's TANF program as well any regulations promulgated by the agency.

Finally, TANF agencies may need to fulfill their obligation to ensure that the agency's policies and practices do not subject individuals to disability-based discrimination by conducting regular oversight of TANF programs and services to ensure that people with disabilities are being served. Agencies and service providers should also monitor their policies and procedures in all programs they administer regarding persons with disabilities and their implementation. For example, such monitoring should evaluate the current needs of TANF beneficiaries with disabilities, and determine whether existing screening and assessment tools and procedures are adequate, whether assistance provided is meeting the needs of such individuals, whether staff is knowledgeable about policies and procedures and how to implement them, and whether sources of and arrangements for assistance are current and viable. Further, the TANF agency should also establish procedures to monitor periodically all aspects of compliance with Section 504 and the ADA by service providers and other entities with whom it has entered into contractual or other arrangements.

Also integral to operating a non-discriminatory system consistent with Section 504 and Title II of the ADA is the obligation to establish several types of procedural safeguards, including procedures for processing ADA/504 complaints; procedures for addressing disability-related issues in placement; and procedures for raising disability-related problems prior to any imposition of sanction.

Promising Practices in Non-Discriminatory Methods of Administration

Examples of promising practices, that, if effectively implemented, would assist TANF agencies in modifying policies and programs to employ non-discriminatory methods of administration include appropriate training practices and the creation and implementation of written policies ensuring access for people with disabilities:

* •The TANF agency trains caseworkers and service providers to:

(1) look for and recognize the possibility that an applicant or beneficiary has a disability;

(2) treat TANF beneficiaries with disabilities as individuals, and not on the basis of disability-based stereotypes;

(3) understand disability issues and services (including reasonable accommodations, reasonable modifications to policies, auxiliary aids and services), and referral arrangements and in the use of screening instruments;

(4) work with agencies with specialized expertise in addressing the needs of persons with disabilities such as vocational rehabilitation agencies;

(5) become knowledgeable about State policy regarding provision of services to persons exempt from work participation requirements; and

(6) become knowledgeable about disability benefit programs such as SSI, SSDI, Medicaid, and Medicare, as well as other benefit programs.

* •Through an interagency memorandum of understanding, a State provides cross-training for employees of its TANF and vocational rehabilitation agencies regarding the needs of TANF beneficiaries with physical and developmental disabilities, and the services provided to this population by each agency.(60)

* •Under a contract with the State Department of Education, the State TANF agency hires a "disability support specialist" to train TANF case managers to identify TANF beneficiaries with learning disabilities and arrange for reasonable accommodations for these beneficiaries in the TANF work program. The disability support specialist also trains GED instructors to identify, modify and adapt instructional materials to meet the needs of TANF beneficiaries with learning disabilities.(61)

* •A State provides training to employees of various State agencies, including the TANF and vocational rehabilitation agencies, regarding the modification of teaching instruction, materials and policies and practices for adults with learning disabilities. The State also conducts a "train-the-trainer" workshop for other States in its geographical region.(62)

Examples of practices that, if effectively implemented, would assist TANF agencies in employing non-discriminatory methods of administration include monitoring compliance with Title II of the ADA and Section 504 and establishing procedural safeguards:

* •The TANF agency monitors its staff, its contractors and its sub-contractors to ensure implementation of programs, projects and activities in a nondiscriminatory manner by analyzing data and records and conducting reviews. The agency imposes penalties on and requires corrective actions of contractors and sub-contractors for violations noted during a review. Additionally, the agency's monitoring rules include a process for reviewing policies and procedures.

* •The TANF agency systematically and routinely investigates and assesses which beneficiaries are being sanctioned and why to determine whether or not beneficiaries who are sanctioned have a disability and whether the disability substantially contributed to the beneficiaries' noncompliance. The agency's ADA/Section 504 notice includes information regarding the right to have disability taken into account if disability is a basis of non-compliance.

* •The TANF agency establishes and publishes procedures for resolving complaints under Section 504 and the ADA that follow the guidelines established by the Department of Labor for implementing the welfare-to-work programs and the Workforce Investment Act.(63)

* •Where a beneficiary tells the TANF agency that the proposed work assignment is not compatible with his or her disability, the agency has a procedure in place that permits the beneficiary's claim to be fully considered before placement can be made.

APPENDIX 1

EXAMPLE OF PROMISING PRACTICE IN MODIFYING POLICIES AND PROGRAMS TO ENSURE EQUAL ACCESS

SAMPLE DIAGNOSTIC REVIEW CHECKLIST

Application Stage:

Notice/Information Issues

1. Do staff ask applicants whether assistance will be necessary during the application process due to disability?

2. Is this inquiry accompanied by examples of such assistance (e.g., "if you have a disability that affects your ability to understand or respond to questions in the application, we can help. For example, we can assist you by reading the questions to you; recording your answers, etc. Do you need this or another kind of help to fill out the application?").

3. When communicating with beneficiaries about TANF, does the agency routinely include further instructions for people with disabilities who need extra help in responding? Are these additional instructions easy to understand for those with developmental or mental impairments? Do the instructions include (1) TTY numbers for persons who are deaf/hearing impaired and (2) the location of accessible sites for people with mobility impairments?

4. Do TANF agency offices prominently feature posters or other signage alerting people with disabilities how they can obtain further assistance?

Initial Screening for Disability and Accommodation Needs

* Do initial intake procedures used by TANF staff include a screening of applicants to ascertain potential disability and accommodation needs? Do these intake procedures allow staff to ascertain whether the person may need a more comprehensive assessment to make such a determination?

* Are intake workers trained to recognize potential disabilities? If there is an initial indication that an individual has a disability that may impact his/her ability to successfully complete or benefit from a current or proposed program assignment based on applicant or beneficiary disclosure, an initial screening or other information, does the intake worker give the individual an opportunity for a more comprehensive evaluation or assessment?

* Do TANF workers inform individuals that they can disclose a disability and/or a need for a reasonable accommodation?

* Is it made clear that disclosure of disability is voluntary?

* Are screening instruments validated for the purpose for which they are used?

Assessment of Accommodation Needs for People with Disabilities

1. Does the agency provide for an assessment after initial intake where appropriate? Does the assessment determine:

* •Whether the individual has one or more disabilities;
* •Nature of the disability;
* •Extent to which an applicant is capable of employment or participation in employment-related activities;
* •Under what conditions the individual is capable of employment;
* •Implications of the disability on immediately securing employment;
* •Appropriateness of a particular work assignment;
* •The need for reasonable accommodations, reasonable modifications to policies, provision of auxiliary aids and services and communication assistance, and/or additional training and education; and
* •Applicability of work participation rules and time limits, and the appropriateness of applying sanctions.

2. Is it clear that participating in an assessment is voluntary?

3. Are qualified personnel conducting these comprehensive assessments?

4. Where necessary to ensure equal opportunity for individuals with disabilities, does the TANF agency involve in the assessment process medical, psychological, vocational, and rehabilitation experts who are trained in making assessments of adults with disabilities related to employment?

Job Training/Education Stage

1. Where a TANF program features training or educational opportunities, are these opportunities accessible for beneficiaries with disabilities? Specifically, are they accessible for people with mobility impairments? People with impairments affecting communication? People with developmental impairments? People with mental or emotional impairments?

2. To the extent these job training and education programs are operated by other agencies or entities, are TANF agency staff trained in how to get beneficiaries with disabilities enrolled in these programs?

3. To the extent these programs are operated by other agencies or entities, has the State or primary TANF agency made the other entities aware of their obligations under the ADA and Section 504 to modify policies and procedures to ensure that people with disabilities have an equal opportunity to benefit?

4. How does the TANF agency monitor how individuals with disabilities function in training programs? Is there a method in place to ensure close tracking of whether an individual's accommodation needs are being met?

Work Program Stage

1. Was there a determination of whether modifications or accommodations to job opportunities are necessary due to disability?

2. Is the TANF agency working with employers to ensure that employers are aware of ADA obligations regarding reasonable accommodations for individuals with disabilities?

3. Is the agency working with employers to ensure that beneficiaries with disabilities are not steered to dead-end jobs?

4. How does the TANF agency monitor how individuals with disabilities function in job placements? Is there a method in place to ensure close tracking of whether an individual's accommodation needs are being met?

5. Is the agency ensuring that potential obstacles to sustaining employment for people with disabilities are being addressed?

1. "Civil Rights Laws and Welfare Reform--Overview" and "Technical Assistance for Caseworkers on Civil Rights Law and Welfare Reform," Office for Civil Rights, U.S. Department of Health and Human Services, August 1999, http://www.hhs.gov/ocr/tanfintro.htm.

2. 64 FR 17793 (April 12, 1999).

3. For ease of reference and readability, in this guidance we use the term "TANF agency" to mean both "covered entities" as defined by Section 504 (including any State or local agency, private institution or organization, or any public or private entity that (1) operates, provides or engages in health or social service programs and activities and that (2) receives federal financial assistance from HHS directly or through another recipient/covered entity), and State and local governmental entities covered by Title II of the ADA.

4. P.L. 104-193. This legislation is codified at 42 U.S.C. §601 et seq. Regulations implementing the legislation may be found in 45 C.F.R. Parts 260-265.

5. Section 401 of TANF (42 U.S.C. §601); 45 C.F.R. §260.20. While this guidance focuses largely on the first and second purposes of TANF, the information in the guidance also applies to the third and fourth purposes.

6. 64 FR 17722 (April 12, 1999).

7. Section 408(d) of TANF, 42 U.S.C. §608(d)); 45 C.F.R. § 260.35.

8. Presidential Task Force on Employment of Adults with Disabilities, "Re-charting the Course: First Report of the Presidential Task Force on Employment of Adults with Disabilities" at Appendix-17 (November 15, 1998), http://www.dol.gov/_sec/welcome.html, (hereafter "Re-charting the Course"). The Task Force was established pursuant to Executive Order 13078 (March 13, 1998). Other statutory requirements affecting the civil rights of beneficiaries with disabilities in the context of welfare to work may also apply. See, e.g., Section 188 of the Workforce Investment Act of 1998 (WIA), 29 U.S.C. § 2938, and its implementing regulations at 29 C.F.R. Part 37. These provisions bar discrimination on various grounds, including disability, in programs and activities that are operated by One-Stop partners and are part of the One-Stop Center delivery system established by the WIA, even if the programs are not physically located within a One-Stop Center. See 29 C.F.R. §§ 37.2(a)(2), 37.4 (definition of "recipient"). If States opt to include their TANF programs as part of their One- Stop systems, their programs may be subject to the jurisdiction of the Department of Labor's Civil Rights Center.

9. Id.

10. Eileen P. Sweeney, Recent Studies Indicate that Many Parents Who are Current or Former Welfare Recipients Have Disabilities or Other Medical Conditions, Center on Budget and Policy Priorities, February 2000, http://www.cbpp.org/2-29-00wel.htm. Of course, not every person with such disorders or conditions is covered by the ADA or Section 504. Individuals are protected by these statutes when their physical or mental condition substantially interferes with a major life activity. See discussion of legal definition of disability in Part C, infra.

11. "Re-charting the Course" at page 5; Presidential Task Force on Adults with Disabilities, "Re-charting the Course: If Not Now, When? The Second Report of the Presidential Task Force on Adults with Disabilities," at 1, (Nov. 15, 1999), http://www.dol.gov/dol/_sec/public/programs/ptfead/ifnotnow.htm. Other barriers include the lack of adequate care for a child with a disability and inaccessible or non-existent transportation. See, e.g., Timmons, Jaimie Ciulla, Susan Foley, Jean Whitney-Thompson and Joseph Green, Negotiating the Landscape: The Path to Employment for Individuals with Disabilities in the TANF System, Institute for Community Inclusion/UAP Research and Training Center on Promoting Employment, Children's Hospital, at 27-28 (March 1999), http://www.communityinclusion.org/publications/text/tanftext.html.

12. See, e.g. "Civil Rights Laws and Welfare Reform-- An Overview" and "Technical Assistance for Caseworkers on Civil Rights Law and Welfare Reform," Office for Civil Rights, U.S. Department of Health and Human Services, August 1999, http://www.hhs.gov/ocr/tanfintro.htm (stating that although individuals with disabilities may be eligible under some State programs for exemptions from work requirements and time limits, program providers may not refuse to allow a person with a disability to participate in training programs or be employed because the person has a disability).

13. Id.

14. 28 C.F.R. Part 35.

15. 45 C.F.R. Part 84.

16. See 28 C.F.R. Part 35, Appendix A, § 35.130(b), at 466 (Department of Justice commentary to ADA Title II regulations, identifying regulatory provisions as "intended to prohibit exclusion and segregation of individuals with disabilities and the denial of equal opportunities enjoyed by others, based on, among other things, presumptions, patronizing attitudes, fears and stereotypes about individuals with disabilities. Consistent with these standards, public entities are required to ensure that their actions are based on facts applicable to individuals and not on presumptions as to what a class of individuals with disabilities can or cannot do."). See also School Board of Nassau County, Fla. v. Arline, 480 U.S. 273, 284 (1987) (Supreme Court decision stating that Section 504's "basic purpose" is "to ensure that handicapped individuals are not denied jobs or other benefits because of the prejudiced attitudes or the ignorance of others.")

17. See 28 C.F.R. § 35.130(b)(1)(ii), (iii), (iv), (vii) (ADA regulations); 45 C.F.R. § 84.4(b)(1)(ii), iii) (Section 504 regulation). See also Alexander v. Choate, 469 U.S. 287, 304-06 (1985) (Supreme Court decision, discussing proper interpretation of HHS' Section 504 regulations requiring that individuals with disabilities be provided with health and human services that offer an equal opportunity to benefit from such programs and thus, are "as effective" as services provided to individuals without disabilities).

18. See Choate at 301-07 (discussing proper interpretation of Section 504 requirement that individuals with disabilities have meaningful access to federally assisted benefits).

19. See 28 C.F.R. § 35.130(b)(7), 28 C.F.R. § 35.149-151; 28 C.F.R. § 160-164. See also Choate at 301 (eligibility for federally assisted benefits "cannot be defined in a way that effectively denies otherwise qualified handicapped individuals the meaningful access to which they are entitled; to assure meaningful access, reasonable accommodations in the grantee's program or benefit may have to be made.")

20. 28 C.F.R. §35.130(b)(3); 45 C.F.R. §84.4(b)(4).

21. See 42 U.S.C. § 2000d-4a (defining "program or activity" with respect to the applicability of Section 504 in federally-assisted programs).

22. See 28 C.F.R. § 35.130(b)(1)(ii),(iii) (ADA regulation); 45 C.F.R.§ 84.4(b)(1)(ii),(iii) (Section 504 regulation).

23. See 42 U.S.C. § 608(b)(1); 45 C.F.R. § 261.11.

24. We recognize that TANF agencies may benefit from further technical assistance concerning certain issues related to screening and assessment, including appropriate agency decisions regarding which beneficiaries should be offered screening or assessment, the point at which screening or assessments should be offered to beneficiaries, agencies' obligations if a beneficiary refuses to disclose a disability or refuses an accommodation that is offered after screening or assessment, and how TANF agencies can appropriately implement screening or assessment practices.

25. TANF agencies should also protect the confidentiality and privacy of information regarding the existence of disability. Employers are subject to specific requirements with respect to obtaining information about the disabilities of employees and job applicants. See 42 U.S.C. § 12112(d); 29 C.F.R. §1630.14 (ADA statutory and regulatory provisions governing disability-related inquiries in the employment context); See also U.S. Equal Employment Opportunity Commission, "Enforcement Guidance: Disability-Related Inquiries and Medical Examinations of Employees Under the Americans with Disabilities Act," (July 27, 2000), http://www.eeoc.gov/docs/guidance-inquiries.html, and other information available on the EEOC website, http://www.eeoc.gov.

26. The ADA and Section 504 prohibit TANF agencies from utilizing "methods of administration" that have the effect of subjecting qualified individuals with disabilities to discrimination on the basis of disability. See 28 C.F.R. § 35.130(b)(3)(I) (ADA regulations); 45 C.F.R. § 84.4(b)(4) (Section 504 regulations). Commentary to ADA regulations makes clear that the "methods of administration" covered by these ADA includes agencies' "official written policies" and "actual practices." See 28 C.F.R. Part 35, Appendix A § 35.130, at 467 (1996).

27. Regulations promulgated under the ADA and Section 504 prohibit the provision of "different or separate aid, benefits or services" to people with disabilities "unless such action is necessary to provide [these individuals] with aid, benefits or services that are as effective as those provided to others." See 28 C.F.R. § 35.130(b)(1)(iv) (ADA regulations); 45 C.F.R. § 84.4(b)(1)(iv) (Section 504 regulations).

28. 28 C.F.R. § 35.130(d).

29. 28 C.F.R. § 35.130(b)(1)(iv); 28 C.F.R. § 35.130(b)(2) (ADA regulations); 45 C.F.R. § 84.52(a)(5) (Section 504 regulations). For example, a TANF agency should establish an explicit practice of allowing qualified individuals with disabilities access to all services and programs that are a part of the State's TANF program.

30. See 28 C.F.R. § 35.160(b) (ADA regulations); 45 C.F.R. § 85.52(d) (Section 504 regulations). For example, if a TANF agency generally provides printed information about job training programs, it must, where necessary and not a fundamental alteration, provide this information in Braille or on audiotape for individuals with vision impairments. Similarly, a TANF agency must ensure that vendors providing adult basic education programs utilize sign language interpreters for TANF beneficiaries enrolled in the program who have hearing impairments, when interpreters are necessary to ensure effective communication for these beneficiaries and do not constitute a fundamental alteration.

31. For example, a TANF agency located on the second floor of a building with no elevator could conduct intake interviews in an accessible ground floor office for TANF applicants who have mobility impairments. However, when the ground-floor office is unavailable for evening job counseling sessions involving both TANF beneficiaries with disabilities and beneficiaries without disabilities, the agency should host the session in an alternate, accessible location.

32. See, e.g. 28 C.F.R. § 35.150(a)(3) (Title II ADA regulations requiring procedural safeguards in cases in which requested structural modifications will not be made).

33. 33 See 28 C.F.R. § 35.130(b)(8) (ADA regulations); 45 C.F.R. § 84.4(b)(1) (Section 504 regulations).

34. We recognize that TANF agencies may benefit from further technical assistance concerning specific ways to ensure that individuals with disabilities have an equal opportunity to benefit from TANF programs run by contractors and vendors.

35. This approach is being utilized by the States of Washington and Utah. See Thompson, Terri S., and Kelly S. Mikelson, Screening and Assessment in TANF/WtW: Ten Important Questions TANF Agencies and Their Partners Should Consider, Office of the Assistant Secretary for Planning and Evaluation/Office of Planning, Research and Evaluation, U.S. Department of Health and Human Services, Forthcoming (February 2001), at 29, 42 & Appendix A at A-3 (hereafter "Ten Important Questions"). See also id., at Appendix B, at A-18 (describing separate screening tool specifically for learning disabilities utilized by Washington and eight other States). As noted previously in this guidance, staff should, of course, be trained to administer such documents.

36. This approach is being utilized by the State of Kansas. See Ten Important Questions, at 31 & Appendix A at A-19.

37. This approach is being utilized by the States of Kentucky (in eight designated counties) and Tennessee. See Ten Important Questions, at 42-43.

38. This approach is being utilized by the State of Tennessee. See Ten Important Questions, at 43.

39. The TANF agency can appropriately pay for these counseling services with Federal TANF funds. See U.S. Department of Health and Human Services, Administration for Children and Families, Helping Families Achieve Self-Sufficiency: A Guide on Funding Services for Children and Families Through the TANF Program, at 14 (Dec. 21, 1999) (providing examples for the appropriate use of funds) (hereafter TANF Funding Guide), http://www.acf.dhhs.gov/programs/ofa/funds2.htm. TANF funds cannot, however, be used for medical services (with the exception of pre-pregnancy family planning services). See 42 U.S.C. § 608(a)(6).

40. This approach is being utilized in the State of Georgia, through an agreement between the Georgia Department of Family and Children's Services (the TANF agency) and the Division of Rehabilitation Services (the vocational rehabilitation agency). See Georgia TANF Project Overview: The Assessment of TANF Recipients.

41. This approach is utilized by the State of Maine. Among the strategies used by contractors are assessing disabilities and other barriers, coordinating with TANF agency staff to develop a service plan for TANF beneficiaries, helping beneficiaries access needed services and providing job search assistance. See Thompson, Terri S., Pamela A. Holcomb, Pamela Loprest and Kathleen Brennan, State Welfare-to-Work Policies for People with Disabilities: Changes Since Welfare Reform, Office of the Assistant Secretary for Planning and Evaluation/Office of Planning, Research and Evaluation, U.S. Department of Health and Human Services, at 19-20 (Oct. 1998) (hereafter "Changes Since Welfare Reform"), http://www.urban.org/welfare/wel2work_es.html; Holcomb, Pamela A. and Terri S. Thompson, State Welfare-to-Work Policies for People with Disabilities: Implementation Challenges and Considerations, Office of the Assistant Secretary for Planning and Evaluation/Office of Planning, Research and Evaluation, U.S. Department of Health and Human Services at 33 (August 2000) (describing this approach as in use specifically in Portland, Maine), http://www.urban.org/welfare/wel-wrk-2k.html. Similarly, in a pilot program in one county in New Jersey, a TANF agency has entered into partnerships with mental health providers to create teams in which providers work with TANF agency staff to identify TANF beneficiaries with mental illness, assess these beneficiaries' clinical needs, and link these beneficiaries to mental health services and supported employment. See Ten Important Questions, at 32.

42. See 28 C.F.R. § 35.130(b)(7) (ADA regulation); See also Alexander v. Choate, 469 U.S. at 301 (Supreme Court decision concerning Section 504, stating that "reasonable accommodations in the grantee's program or benefit may have to be made" in order to ensure meaningful access to the program or benefit.)

43. As set out in OCR's August 1999 welfare reform guidance, although TANF agencies may exempt individuals with disabilities, agencies may not prohibit a qualified individual with a disability from participating in work and other TANF programs because the person has a disability. Eligibility for participation in any benefit, service or program must be based on an individual assessment of each person's ability to meet the eligibility requirements rather than on stereotypes or assumptions about the effects of a type of disability. See "Civil Rights Laws and Welfare Reform--An Overview," at 4. Where reasonable accommodations and reasonable program modifications would allow a TANF beneficiary with a disability to work, the agency should provide the accommodations and modifications unless doing so would fundamentally alter the TANF program. Similarly, if the TANF agency allows individuals who are exempt to volunteer to participate in TANF programs, the TANF agency should allow individuals with disabilities who are exempt to participate, and should ensure that these individuals receive the necessary accommodations to facilitate their participation, unless ensuring the participation of these individuals would constitute a fundamental alteration of the TANF program.

44. Referral to determine eligibility for Supplemental Social Security Income (SSI) and continued receipt of cash assistance pending determination is another acceptable course of action.

45. This approach is being utilized by the State of Kansas. See Kansas Department of Social and Rehabilitation Services, State of Kansas - Kansasworks: Comprehensive Screening and Assessment (April 24, 2000). Through reviewing a variety of data, the State of Kansas determined that 30% of TANF beneficiaries screened "positive" for learning disabilities, 16% of beneficiaries appeared to have either a mental or muscoloskeletal impairment, and 26% of beneficiaries scored below 80 on an IQ test. Id.

46. Id. In response to a survey from the American Public Human Services Association (APHSA), many States indicated that aggregate client assessment data was "very important" for the planning and development of programs to meet service needs. See American Public Human Services Association Research Notes, TANF Client Assessments: Program Philosophies and Goals, Sequencing of Process, Uses of Information and State Changes or Modifications, Promising Practices and Lessons Learned, at 7 (Sept. 2000), http://www.aphsa.org/opd/research/researchnotes0900.html.

47. Of course, if such notice is provided, the TANF agency should in fact be ready, willing and able to assist the person receiving the notice.

48. This approach is being utilized in Tennessee. See National Governors' Association Reports Online, Serving Welfare Recipients with Learning Disabilities in a Work First Environment, at 6 (July 28, 1998) (hereafter "Serving Welfare Recipients"), http://www.nga.org/center/divisions/1,1188,C_ISSUE_BRIEF^D_1764,00.html); National Governors' Association Center for Best Practices, Online document, Learning Disabilities: Tennessee Learning Disabilities Initiative (undated), http://www.nga.org/special/1,1260,C_MINI_WEB_SITE^D_1707,00.html.

49. This approach is being used in Arkansas, and was implemented as a result of a legislative amendment. See Ten Important Questions, at 17.

50. Section 407(d) of PRWORA sets out the12 work, training and education activities in which TANF beneficiaries may participate in order to be "engaged in work" for the purpose of counting toward the State's work participation rate requirements. Among these activities are education directly related to employment, satisfactory attendance in secondary school or a GED program for individuals without a secondary school diploma or GED certificate and job skills training directly related to employment. 42 U.S.C. § 607(d); See also TANF regulations at 45 C.F.R. §§ 261.30-261.36 (outlining the federal work activities and how they count for purposes of the work participation rate).

51. Individuals with disabilities who receive supported employment might, for example, have the services of a "job coach" to work alongside the person with a disability and assist the person with job duties.

52. The Department of Health and Human Services' Administration for Children and Families has indicated that States may appropriately use Federal TANF or State "maintenance of effort" funds for this purpose. See TANF Funding Guide, at 12-13.

53. The preamble to the TANF regulations makes clear that HHS intended States to have discretion and flexibility in defining "countable" work activities, so long as States' definitions are consistent with Congress' intent in drafting PRWORA. See Department of Human Services, Administration for Children and Families, Temporary Assistance for Needy Families, Final Rule, 45 C.F.R. Part 260, et al., Preamble, Section VI, 64 Fed. Reg. 17720 at 17776 (April 12, 1999).

54. This approach is being utilized in Minnesota. See Ten Important Questions, at 21. A State can also allow TANF beneficiaries to participate in such activities as disability screening, assessment and treatment, even though these activities may not "count" for purposes of the State's work participation rate. Id., at 20-21.

55. This approach is being utilized in New Hampshire. See Ten Important Questions, at 20.

56. These modifications would be consistent with the first purpose of the TANF program: to "provide assistance to needy families so that children may be cared for in their own homes or in the homes of relatives." See 42 U.S.C. § 601(1).

57. See 28 C.F.R. § 35.130(b)(3) (ADA regulations); 45 C.F.R. § 84.4(b)(4) (Section 504 regulations).

58. See 28 C.F.R. § 35.130(b)(3) (ADA regulations); 45 C.F.R. § 84.4(b)(4) (Section 504 regulations).

59. See 28 C.F.R. Part 35, Appendix A, § 35.130, at 467 (1996) (commentary to Title II ADA regulations).

60. This approach is being utilized in four districts in the State of Vermont. This project is supported by U.S. Department of Labor Welfare-to-Work (WtW) formula grant funds. See National Governors' Association Center for Best Practices, Online document, Physical and Developmental Disabilities: Vermont Welfare-to-Work/Vocational Rehabilitation Collaboration (undated), www.nga.org/Welfare/barriers/VTWelfareToWork/asp.

61. This approach is being utilized in New Hampshire. See Serving Welfare Recipients, at 4.

62. This approach is being utilized in Arkansas. See National Governors' Association Center for Best Practices, Online document, Learning Disabilities: Arkansas Learning Disabilities Training and Dissemination Project (undated), http://www.nga.org/special/1,1260,C_MINI_WEB_SITE^D_1705,00.html.

63. See 29 C.F.R. § 37.70-37.80 (WIA nondiscrimination regulations setting forth complaint processing procedures).

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