46-298

46-298. Diversion from long-term assistance;
report; definition

A. At the time an applicant's employability is assessed during the initial
application for assistance, the department shall determine whether the applicant should
be offered services under the diversion option rather than long-term cash
assistance. The assessment shall consider the following:

1. The applicant's employment history.

2. The likelihood of the applicant obtaining full-time employment given the
applicant's education, training and work experience within ninety days of the initial
application.

3. The applicant's need for cash assistance.

B. If the department finds that the applicant is eligible for the diversion option,
it shall explain the benefits and requirements to the applicant, including the amount of
the diversion option payment.

C. If the department and the applicant agree to select the diversion option as the
appropriate means to self-sufficiency, the department shall issue benefits, if the
applicant is eligible, within three working days after the applicant submits a completed
application, including all required information and necessary documentation.

D. The department shall provide a dollar amount equal to three times the monthly
amount of cash assistance for which the applicant qualifies. The applicant is also
eligible to receive employment services, as defined in section 46-300.01, subsection I,
administered by the department for ninety days from the initial application to expedite
employment placement.

E. The applicant must sign an agreement that lists the requirements and conditions
of the diversion option.

F. The department shall expedite employment placement services if these services
are requested by an applicant who is approved for and participating in the diversion
option.

G. An applicant approved for the diversion option is eligible for all other support
services for which recipients of temporary assistance for needy families are
automatically eligible.

H. If the applicant decides to reapply for long-term cash assistance within three
months from the date of initial application, the department shall prorate the diversion
payment to the applicant over a three month period beginning on the date of initial
application and subtract this amount from the temporary assistance for needy families
payment the applicant's assistance unit receives.

I. If the diversion option is not appropriate for an applicant or the applicant
chooses not to participate in the diversion option, the applicant may receive cash
assistance as provided under this chapter.

J. The director of the department shall submit an annual report to the joint
legislative budget committee ninety days after the end of the fiscal year beginning with
fiscal year 2008-2009. The report shall include:

1. The number of recipients provided services under the diversion option.

2. The number of recipients who reapply for long-term cash assistance within one
hundred eighty days after initially participating in the diversion program.

3. The number of recipients who obtained employment within ninety days of receiving
assistance under the diversion option.

K. For the purposes of this section, "diversion option" means granting an amount of
cash benefits to certain applicants who are eligible for long-term cash assistance but
who have only short-term needs and who find the services described in this section the
most appropriate means to self-sufficiency.