Current through February, 2024
(a) The work eligible individual and other
work eligible individual shall comply with participation
requirements.
(b) Participation
requirements shall apply to a child aged sixteen to eighteen if the child :
(1) Is not a full-time student in a secondary
school or a program of an equivalent level of vocational or technical training;
or
(2) Has completed secondary
school or a program of an equivalent level of vocational or technical
training.
(c)
Participation may include:
(1) FTW
orientation;
(2) FTW
intake;
(3) Case management,
including:
(A) Assessments;
(B) Development and implementation of plans
for barrier reduction, support services, and employability, and
(4) Other requirements of this
chapter.
(d) A WEI shall
complete the required hours of work activity specified in the employability
plan including a minimum number of core work activity hours and other approved
work activities as defined in this chapter.
(1) The employability plan for a single
custodial parent, or single caretaker relative, of a child less than six years
of age, shall include a minimum number of work activity hours of twenty hours
per week, of which a minimum of twenty hours per week shall be core work
activities. The balance of the employability plan work hours can be satisfied
with either core work activities or other approved work activities.
(2) The employability plan for a single
custodial parent, or single caretaker relative, other than those referred to in
paragraph (1), shall include a minimum number of work activity hours of thirty
hours per week, of which a minimum of twenty hours per week shall be core work
activities. The balance of the employability plan work hours can be satisfied
with either core work activities or other approved work activities.
(3) The employability plan for a family with
two WEI with a common child shall include a minimum number of work activity
hours for a combined average of thirty-five hours per week, of which a minimum
of thirty hours per week shall be core work activities. The balance of the
employability plan work hours can be satisfied with either core work activities
or other approved work activities. In addition, one of the WEI shall satisfy
the conditions of paragraph (2).
(4) The employability plan for a family with
two WEI with a common child that receives federally funded child care
assistance, shall include a minimum number of work activity hours for a
combined average of fifty-five hours per week, of which a minimum of fifty
hours per week shall be core work activities. The balance of the employability
plan work hours can be satisfied with either core work activities or other
approved work activities. In addition, one of the WEI shall satisfy the
conditions of paragraph (2).
(e) For a WEI under twenty years old with no
high school diploma or GED, the following may be used to satisfy the core work
activity components in their employability plan:
(1) Satisfactory attendance at a secondary
school or the equivalent during the month; or
(2) Education directly related to employment
for an average of at least twenty hours per week during the month.
(f) For a married WEI under twenty
years old with no high school diploma or GED, participation in the work
activities described in subsection (d) counts as the greater of twenty hours or
the actual hours of participation.
(g) For two-parent households where both
parents are WEI under twenty years old, the requirements of subsections (b)(3)
and (b)(4) are met if both WEI meet the requirements of subsection
(e).
(h) A WEI shall be considered
to have satisfied the minimum number of core work activity hours specified in
the employability plan if the WEI participates in a work experience or
community service program for the maximum number of hours per week that a state
may require, determined by dividing the combination of the family's monthly
TANF grant and food stamp allotment by the appropriate minimum wage under the
minimum wage requirement of the Fair Labor Standards Act (FLSA) of 1938,
29
U.S.C. §201, et seq., Workforce
Investment Act of 1998,
29
U.S.C. §2801, et seq.
(i) OWEI shall be required to participate in
the FTW program to the extent possible as determined under this chapter and
chapter 17-656.1.
(1) An OWEI deemed to have
a physical or mental impairment, due to substance abuse, under section
17-656.1-10.1 shall participate in the substance abuse treatment services
(SATS).
(A) The department shall establish an
individualized service plan (ISP) for each OWEI participating in
SATS.
(B) The ISP shall specify the
modality of treatment which shall include a planned regimen of professionally
directed evaluation, treatment, case management, and other ancillary and
special services.
(C) The ISP shall
include work activities under subchapter 3 if the department determines that it
is in the best interest of the participant to engage in work activities
concurrently with SATS.
(2) An OWEI deemed to be a domestic violence
victim under section 17-656.1-20, shall participate in the domestic violence
advocacy (DVA) services as provided in section 17656.1-19.
(A) An individualized service plan (ISP)
shall be established for each OWEI participating in DVA services.
(B) The ISP shall specify the necessary DVA
services which shall include, but are not limited to, assessment and case
management services.
(C) The ISP
shall include work activities under subchapter 3 if the department determines
that it is in the best interest of the participant to engage in work activities
concurrently with DVA services.
(3) An OWEI determined to have a physical or
mental impairment under section 17-656.1-10.1 shall participate in the FTW
program to the extent possible as determined under section
17-656.1-10.1(d).
(j)
All participants in the FTW program shall make good and satisfactory progress
or maintain good standing.
(k)
Failure to make good and satisfactory progress, or maintain good standing, or
comply with the minimum number of hours of participation without good cause, as
specified under section 17-794.1-40, shall be grounds for:
(1) Sanctioning of work eligible individuals
by the AFDC program under section 17-656.1-10; or
(2) Discontinuing an individual from
participating in the FTW program in a two-parent household provided that:
(A) The remaining WEI is meeting the
participation requirements as described in subsections (b)(3) and (b)(4);
and
(B) Discontinuance of the
individual will not result in the household being unable to meet participation
requirements described in subsection (b)(3) and (b)(4).
