0240.030.00 APPOINTMENT OF A PROTECTIVE PAYEE REQUIRED DUE TO DRUG TESTING PROCESS

13 CSR 40-2.450 requires the assignment of a protective payee for the Temporary Assistance (TA) head-of-household (HOH) who is disqualified because of TA drug-policy. The protective payee must be assigned within 45 days of the administrative hearing decision affirming the agency of the disqualification or whenever a new protective payee needs to be assigned.

TA drug testing disqualifications include:

• DNC failed to provide valid sample;
• DNS did not show-up for drug test;
• DP6 drug test returned positive result (6 mos);
• DTP drug test returned positive result;
• MSQ failure to coop with the mand screen ques;
• TRC failure to complete mandatory treatment;
• TRP failure to participate in mandatory treatment;
• 6FC failure to provide valid sample-6 mos; or
• 6NS did not show-up for drug test-6 mos.

The Action Notice (FA-150) and the Protective Payee for Temporary Assistance Benefits (FA-602) form is sent to the TA HOH when the Sanction Disqualification (SANDISQ/FMAM) screen is updated with a TA drug testing disqualification.

NOTE: The participant must cooperate in assigning a protective payee.

The FA-602 outlines the responsibilities of the protective payee assigned due to a drug-related disqualification.To be a protective payee, the individual must meet the following qualifications:

• Over the age of 21;
• Able to read, write, and willing and able to act in an administrative capacity to handle funds on behalf of another person and maintain records and account for the use of funds; and
• Must keep his/her current residence and mailing address on file at all times with the family support division and keep the individual and other household members informed of his/her current address and contact information.

Refer to Income Maintenance Manual section 0205.045.10 Issuing Protective Payments for protective payee suggestions.

The final page of the FA-602 must be completed by the head-of-household and the protective payee, and returned to the local Family Support Division (FSD) office within ten (10) days. Once the FA-602 is received by the FSD office, the Representative Detail (FMJG) screen must be updated with the protective payee information. Refer to FAMIS User Guide: ADDING/UPDATING/ENDING AN AUTHORIZED REPRESENTATIVE/PROTECTIVE PAYEE FOR FOOD STAMPS AND TEMPORARY ASSISTANCE for further information on entering a protective payee.

NOTE:  If a representative is already listed on the Representative List (FMJ1) screen, end date the representative before adding a new one.

Protective payees for TA drug testing disqualification are always a Representative Type: PRD - PROTECTIVE PAYEE DRUG (TANF) on the Representative Detail (FMJG) screen in FAMIS.

The protective payee must have a Departmental Client Number (DCN). Refer to the FAMIS User Guide: SCREENING PROCEDURE for information on how to screen individuals and assign a DCN.

If the FA-602 isn't received by the FSD office and the protective payee information entered on the Representative Detail (FMJG) screen within 15 business days from the date the FA-602 was generated, a reminder is generated to the primary worker and their supervisor for the TA case. The reminder says: PROTECTIVE PAYEE NEEDED.

When the reminder is received, enter the protective payee provided by the participant.

NOTE:  If the participant does not respond to the FA-602 or otherwise fails to cooperate in naming a protective payee, initiate an adverse action worker close for failure to cooperate. It is not appropriate to close other case types for failure to cooperate in naming a protective payee for TA.

When the protective payee is determined and entered in FAMIS, generate the Appointed Protective Payee for TA Benefits (FA-603) form to the individual chosen as protective payee.

From the Verifications Forms List (VERFORM/FM4B) screen generate a FA-603 to the Document Queue (DOCQUE/FMVM) screen. Always print the FA-603 from DOCQUE and manually mail it to the protective payee.  The system will not generate and mail the FA-603.

0240.030.05 Protective Payee is Ended

There may be times when the protective payee is ended, but the Temporary Assistance (TA) case is still open, and the head-of-household still has a drug test-related disqualification.  When this happens, a new protective payee must be assigned.  Follow procedures outlined in 0240.030.00  and generate the Appointed Protective Payee for TA Benefits (FA-603) form to the new protective payee.  Update the Representative Detail (FMJG) screen with the new protective payee.  Refer to FAMIS User Guide:  ADDING/UPDATING/ENDING AN AUTHORIZED REPRESENTATIVE/PROTECTIVE PAYEE FOR FOOD STAMPS AND TEMPORARY ASSISTANCE for further information on entering and ending a protective payee.

0240.030.05.05 Protective Payee is Ended

The individual chosen to be a protective payee is considered disqualified if any of the following has occurred:

• Has a claim established against him/her for fraud or misuse arising from any program administered by the Department of Social Services (DSS);
• Has been convicted, pled guilty or nolo contendere, or received a suspended imposition of sentence (regardless of whether incarceration actually occurred) of any felony;
• Has been convicted, pled guilty or nolo contendere, or received a suspended imposition of sentence (regardless of whether incarceration actually occurred) of any misdemeanor set forth in chapter 570 RSMo.;
• Has been convicted, pled guilty or nolo contendere, or received a suspended imposition of sentence (regardless of whether incarceration actually occurred) of any misdemeanor involving the use and/or possession of controlled substances;
• Has been convicted, pled guilty or nolo contendere, or received a suspended imposition of sentence (regardless of whether incarceration actually occurred) of any misdemeanor involving the  ineligible individual or a family member that is in the Temporary Assistance household;
• Has been placed on the central registry maintained by the DSS for any actions or inaction involving the ineligible individual or a family member that is in the Temporary Assistance household;  and
• Has a civil or criminal court order that hinders the ability of the protective payee to perform any duties of a protective payee.

The protective payee has an obligation to notify the FSD of any changes in circumstances that would affect his/her qualifications to serve as protective payee within ten (10) days of the change.

Refer to the FAMIS User Guide: Entering a Sanction or Disqualification for information on entering the Protective Payee disqualification.