Effective Date - January 1, 2009

1308               Protective Payments for POWER

POWER - ARW, Chapt. 1, Section 8

                        Use a protective payee or payment as follows:

A.    Process a protective payment, when appropriate, to one of the following:

1.    A protective payee;

2.    A vendor;

3.    A foster care provider;

4.    Two payees as in a two-party check.

B.    Require a protective payment be issued to the parent, adult relative or court appointed guardian or custodian when the benefit is paid on behalf of a minor parent (unless emancipated) and his or her dependent child(ren).  (W.S. 42-2-103)

C.   Process a protective payment and leave the needs of the caretaker relative in the performance payment when the caretaker relative shows a current inability to manage funds which threatens the health and safety of the child(ren).

1.    Presume mismanagement when you have information the recipient has two or more months of nonpayment of rent.

2.    Consider all relevant circumstances to determine if mismanagement exists including but not limited to:

a.    There are unpaid bills for a reason other than the occurrence of an unusual event, which required the expenditure of the funds available; or

b.    There are unpaid bills for a reason other than the necessary bills which exceed the performance payment and other income of the assistance unit; or

c.    There are unpaid bills for a reason other than the result of the recipient's consumer right when there is a legitimate dispute over whether the terms of an agreement were met; or

d.    The person is unable to manage funds due to a mental or physical condition verified by written medical or psychological reports.

3.    When mismanagement is believed to be a child neglect situation, refer the caretaker relative to CPS, who will determine if appropriate services are needed.

4.    Allow the recipient to rebuttal only by requesting an administrative hearing.

D.   Allow the recipient to select the protective payee or participate in the selection to the extent possible.

1.    Select a person or relative to be the protective payee who is interested in or concerned with the welfare of the child(ren);

2.    Exclude the following from being a protective payee:

a.    The DFS-FO manager;

b.    Any DFS-FO staff member who determines the financial eligibility;

c.    Personnel involved in Quality Control, recovery, special investigative or resource staff;

d.    Child support and work program contract staff;

e.    Landlords, grocers and other vendors of goods and services who deal directly with the recipient.

3.    Allow a DFS social worker or staff member who handles fiscal processes to be selected as a protective payee only when no other individual is available;

4.    Explain the requirement for confidentiality to the protective payee;

5.    Notify the recipient of the appointment and the name of the protective payee.

6.    Send the appropriate notice to the client with a screen printed copy to the protective payee.

E.    Remove the protective payee when:

1.    The minor parent reaches 18 years of age or becomes emancipated; or           

2.    The caretaker relative has demonstrated the ability to manage funds in the best interest of the child(ren); or

3.     A guardian or legal representative has been appointed because the need of a protective payee will continue beyond two years due to the lack of improvement in the client's management skills.

F.    Review the protective payment status and require no less than a quarterly report from the protective payee (W.S. 42-2-107).

1.    Review the need for the protective payment;

2.    Review the manner in which the protective payee has fulfilled the following responsibilities:

a.    Submission of a report, no less than quarterly, detailing how the performance payment was expended and managed;

b.    Use of the performance payment was as follows:

(1)   First for shelter, utilities and food expenses and then for clothing and miscellaneous expenses;

(2)   For the needs determined by the protective payee when the caretaker relative has income in addition to the POWER payment; and

(3)   For small amounts given to the caretaker relative for necessities when the major needs of the assistance unit are met and the money was used for the eligible recipients.