In October, 2023, the Office of Temporary and Disability Assistance (OTDA) released 23-INF-04 an informational letter requiring all social services districts to submit an updated Investigative Unit Operations Plans (IUOP), and the agreements made between the district and the District Attorney from each county. The plans include detailed procedures for investigating and prosecuting alleged Intentional Program Violations (IPVs) in the Temporary Assistance or Supplemental Nutrition Assistance Programs, including detailed procedures for the referral of suspected fraud cases to OTDA for Administrative Disqualification Hearings. The INF makes clear that districts must maintain a clear delineation between referrals to prosecuting authorities and referrals for administrative hearings when pursing IPVs. The agreement with the prosecutor must set forth the criteria set by the prosecutor for accepting cases for prosecution. Here is where you are likely to find any dollar thresholds required for referral to the district attorney. The INF attachments include a plan template, interview protocols and DCA interview Acknowledgement in both English and Spanish.
Empire Justice Center has obtained the updated IUOP plans and DA agreements from almost every Social Services District. You can find them by County, by clicking on the links below. This one stop resource will assist legal services providers and public defenders in their representation of individuals accused of fraud in conjunction with their receipt of public assistance or supplemental nutrition assistance (SNAP) benefits.
Counties with an asterisk (*) did not respond to Empire Justice’s request for plan information.
*County did not respond to Empire Justice’s request for plan information.
