Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
205.200(1),
403.720(2),
45 C.F.R.
98.2,
260-265,
29 U.S.C.
651678,
42 U.S.C.
601-619,
12101-12213
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
194A.050(1) requires the
secretary to promulgate administrative regulations necessary to implement
programs mandated by federal law or to qualify for the receipt of federal funds
and necessary to cooperate with other state and federal agencies for the proper
administration of the cabinet and its programs.
KRS
205.200(2) and (7) require
the secretary to promulgate administrative regulations prescribing the
conditions of eligibility for public assistance, in conformity with the Social
Security Act, 42 U.S.C.
601 to
619, and federal regulations.
KRS
205.2003 requires that a work program for a
recipient of Kentucky Transitional Assistance Program (KTAP) be prescribed by
administrative regulations. This administrative regulation sets forth the
technical requirements of the Kentucky Works Program (KWP).
Section 1. Definitions.
(1) "Affordable child care arrangements"
means appropriate child care at a reasonable distance that is suitable and with
a charge at or below the maximum provider payment rate pursuant to the Child
Care and Development Fund (CCDF) plan.
(2) "Appropriate child care" means eligible
child care as provided by an "eligible child care provider", pursuant to 45
C.F.R. Part 98.2.
(3) "Assessment"
means the ongoing evaluation of an individual's strengths and needs relative to
achieving self-sufficiency.
(4)
"Assistance" is defined by 45 C.F.R. 260.31.
(5) "Barriers" means a limitation in an
individual's ability to become employed and selfsufficient or to comply with
KTAP requirements.
(6) "Community
service activities" means "community service programs", as defined by
45 C.F.R.
261.2(h).
(7) "Conciliation" means a process in which a
participation problem in the Kentucky Works Program can be resolved.
(8) "Domestic violence and abuse" is defined
by KRS
403.720(2).
(9) "Family member" means an individual:
(a) Related by blood, marriage, or adoption
to a child or a work-eligible individual, as defined by
45 C.F.R.
261.2(n), in the benefit
group; or
(b) Who is a member of an
unmarried couple and has a child in the benefit group in common with the
work-eligible individual, as defined by
45 C.F.R.
261.2(n).
(10) "Full-time school attendance"
means a workload of at least:
(a) The number
of hours required by the individual program for participation in:
1. An adult basic education
program;
2. A general educational
development (GED) program; or
3. A
literacy program;
(b) The
number of hours required by the individual program for participation in a
college or university; or
(c) The
equivalent of paragraph (b) of this subsection in a college or university if
other than a semester system is used; or
(d) The number of hours required by the
individual high school or vocational school to fulfill the high school or
vocational school's definition of full time.
(11) "Job search and job readiness
assistance" is defined by 45
C.F.R. 261.2(g).
(12) "Job skills training directly related to
employment" is defined by 45
C.F.R. 261.2(j).
(13) "Kentucky Transitional Assistance
Program" or "KTAP" means the program established in
921 KAR 2:006.
(14) "Kentucky Works Program" or "KWP" means
a program designed to assist eligible low-income families with a child living
in the home with achieving greater selfsufficiency by assisting program
participants in obtaining education, training, experience, and
employment.
(15) "On-the-job
training" is defined by 45
C.F.R. 261.2(f).
(16) "Part-time enrollment" means enrollment
with a postsecondary institution at a minimum of half of full-time enrollment
as defined by subsection (10) of this section.
(17) "Subsidized employment" is defined by
45 C.F.R.
261.2(c) and (d).
(18) "Unsubsidized employment" is defined by
45 C.F.R.
261.2(b).
(19) "Vocational education" means "vocational
educational training" as defined by
45 C.F.R.
261.2(i).
(20) "Work-eligible individual" is defined by
45 C.F.R.
261.2(n).
(21) "Work Experience Program" or "WEP" means
the definition of "work experience if sufficient private sector employment is
not available" pursuant to 45 C.F.R.
261.2(e).
Section 2. Program Participation.
(1) Unless the KTAP recipient meets the
exception criteria in Section 3 of this administrative regulation, the cabinet
shall determine a work-eligible individual as follows:
(a)
1. A
one (1) parent household shall be required to participate in a specific
activity pursuant to paragraph (c) of this subsection no less than the number
of hours per week required in the activity, pursuant to subparagraph 2 of this
paragraph.
2. The activity shall be
required to have at least a minimum of thirty (30) hours per week, ten (10)
hours of which may be satisfied through participation in an education or
training activity pursuant to paragraph (c) 8, 9, and 11 of this subsection or
in literacy or adult education.
(b) A two (2) parent household shall
participate in a specific activity no less than the number of hours per week
required in the activity, pursuant to this paragraph. The activity shall be
required to meet the following requirements:
1. If the family participates in the Child
Care Assistance Program pursuant to
922 KAR 2:160, the activity shall
be required to have at least a minimum of fifty-five (55) hours combined from
both parents, five (5) of which may be satisfied through participation in an
education activity pursuant to paragraph (c)8, 9, and 11 of this subsection or
in literacy or adult education.
2.
If the family does not participate in the Child Care Assistance Program
pursuant to
922 KAR 2:160, a two (2) parent
household shall participate thirty-five (35) hours per week combined, five (5)
of which may be satisfied through participation in an education activity
pursuant to paragraph (c)8, 9, and 11 of this subsection or in literacy or
adult education.
3. If an adult is
needed to care for a child in the home with a severe disability, a two (2)
parent household shall participate pursuant to subparagraph 2 of this
paragraph.
4. A two (2) parent
household eligible for KTAP shall meet the number of hours of participation in
a work activity listed in paragraph (a) of this subsection.
(c) In accordance with
45 C.F.R.
261.2, to be in compliance with the
participation requirement in KWP, a countable activity may include:
1. Unsubsidized employment;
2. Subsidized employment;
3. Work experience training;
4. On-the-job training;
5. Job search and job readiness
assistance;
6. Community service
activities;
7. Full-time
enrollment, as defined by the educational institution or program, in
post-secondary or vocational education not to exceed twelve (12) cumulative
months;
8. Full or part-time
enrollment, as defined by the educational institution or program, in
postsecondary or vocational education at any time if combined with an activity
pursuant to subparagraph 1 through 4 and 6 of this paragraph;
9. Attendance at secondary school or
equivalent if the recipient:
a. Has not
completed secondary school or equivalent; or
b. Couples the attendance with work or work
activity in the amount of hours per week pursuant to paragraphs (a) and (b) of
this subsection;
10.
Provision of child care services to an individual participating in community
service activities;
11. Job skills
training directly related to employment; and
12. Based on the findings of the assessment,
an allowable activity that includes:
a.
Domestic violence and abuse counseling;
b. Life skills training;
c. A substance abuse program;
d. Mental health counseling;
e. Vocational rehabilitation;
f. Literacy;
g. Adult education; or
h. Another preparation or service:
(i) To address an individual's barriers;
and
(ii) Approved in advance by the
cabinet.
(2) Excused absences shall:
(a) Include:
1. Scheduled hours missed due to holidays;
and
2. A maximum of ten (10)
additional days or eighty (80) hours of excused absences in any twelve (12)
month period with no more than two (2) days or sixteen (16) hours occurring in
a month; and
(b) Count as
actual hours of participation.
(3) To verify the actual number of hours of
participation in approved activities, the KTAP recipient shall provide the
following:
(a) A completed "KW-33,
Verification of Kentucky Works Program Participation"; or
(b) A monthly calendar sheet or log that
requires the signature of the person supervising the work-eligible
individual.
Section
3. Exceptions to Program Participation.
(1) A work-eligible individual shall be
considered to be engaged in work for a month in a fiscal year if the
individual:
(a) Is a head of
household;
(b) Has not obtained a
high school diploma or a GED;
(c)
Has not attained twenty (20) years of age; and
(d)
1.
Maintains regular attendance and satisfactory progress at a secondary school or
the equivalent during the month; or
2. Participates in education that is directly
related to employment for at least twenty (20) hours a week while maintaining
regular attendance and satisfactory progress.
(2)
(a) A
work-eligible individual shall not be required to comply with a program
participation requirement for up to twelve (12) months if the individual is:
1. A single custodial parent; and
2. Caring for a child who has not attained
twelve (12) months of age.
(b) The twelve (12) months of exemption from
a work participation requirement shall be limited to a total of twelve (12)
months in a lifetime for the adult and may be:
1. Consecutive; or
2. Cumulative.
(3)
(a) For
a work-eligible individual whose compliance with program participation would
make it difficult to escape domestic violence and abuse or unfairly penalize
the individual who is currently experiencing or is a survivor of domestic
violence and abuse, compliance shall not be mandated.
(b) If a KTAP applicant or work-eligible
individual is identified as a survivor of domestic violence and abuse or
currently experiencing domestic violence and abuse, an appropriate services
plan shall be required for the individual pursuant to
921 KAR 2:006, Section
19.
(4) A work-eligible
individual shall be considered to be engaged in work for a month if the
individual is:
(a) A single custodial parent
or caretaker relative in the family with a child who has not attained six (6)
years in age; and
(b) Engaged in
work for an average of at least twenty (20) hours per week during the month
pursuant to Section 2(1)(c) 1, 2, 3, 4, 5, 6, or 7 of this administrative
regulation.
(5) In
accordance with 45 C.F.R.
261.2(n)(2)(i), the cabinet
shall exclude from program participation a parent providing care to a disabled
family member as verified by the completion of the "PA-4, Statement of Required
Caretaker Services".
(6) In
accordance with 45 C.F.R.
261.2(n)(2), the cabinet
shall exclude from program participation a parent who is a recipient of Social
Security Disability Insurance (SSDI) benefits.
(7)
(a) If
an individual with an ADA disability cannot participate in a countable work
activity as specified in Section 2 of this administrative regulation.
(b) A reasonable accommodation or program
modification may include:
1. Excused
participation from an activity;
2.
Participation for a reduced number of hours;
3. Participation in an activity for a longer
period of time than is countable; or
4. Participation in an activity that is not
countable in accordance with Section 2(1) (c)12 of this administrative
regulation.
(8)
An applicant of KTAP shall be informed in writing of the availability of the
exceptions to KWP participation pursuant to this section.
Section 4. Program Participation
Requirements.
(1) Assessment.
(a) The cabinet or its designee shall make an
assessment of the work-eligible individual's employability on the "KW-200,
Kentucky Works Program Assessment".
(b) The cabinet shall request another agency
to assist in the assessment process if the need for a diagnostic assessment or
an additional professional skill set is indicated.
(c) The assessment shall include
consideration of:
1. Basic skills;
2. Occupational skills;
3. Barriers and other relevant
factors;
4. An ADA disability;
and
5. A reasonable accommodation
or program modification needed for an individual with an ADA
disability.
(2)
The self-sufficiency plan. Based on the findings of the assessment, the cabinet
or its designee and work-eligible individual shall jointly develop a
self-sufficiency plan by completing the "KW-202, KTAP Transitional Assistance
Agreement". This plan shall contain:
(a) An
employment goal for the individual;
(b) A service to be provided by the cabinet
including child care;
(c) An
activity to be undertaken by the individual to achieve the employment
goal;
(d) A reasonable
accommodation or program modification needed due to an ADA disability;
and
(e) Other needs of the
family.
(3) In
accordance with KRS
205.200(7)(a), an adult
applicant or recipient of the KTAP benefit group shall register for work except
for a member who is:
(a) Under age eighteen
(18);
(b) Age sixty (60) or
over;
(c) Age eighteen (18) or
nineteen (19) years old in full-time school attendance pursuant to
921 KAR 2:006, Section
3;
(d) Receiving benefits based on
100 percent disability;
(e) An
individual who has received benefits based on 100 percent disability within the
past twelve (12) months but lost the benefits due to income or resources and
not an improvement in the disability;
(f) Employed thirty (30) hours or more per
week at minimum wage or more; or
(g) Part of a federal Office of Refugee
Resettlement (ORR) eligible population whose immigration status excludes or
prohibits work registration in accordance with
45 C.F.R.
261.2(n)(1)(ii).
Section 5. Conciliation.
(1) Conciliation shall be conducted:
(a) At the request of a work-eligible
individual or a KWP participant;
(b) At the request of a service provider;
or
(c) If a situation is identified
that could result in a penalty pursuant to Section 7 of this administrative
regulation.
(2) The
conciliation shall be conducted by the cabinet or its designee.
(3) During conciliation, the cabinet or its
designee shall determine if an additional service is needed to assist with KWP
participation.
(4)
(a) During conciliation, participation shall
be monitored for up to fifteen (15) days following the issuance of form
"KW-204, KWP Conciliation".
(b) The
fifteen (15) day period may be extended for an additional fifteen (15) days, if
necessary, to determine if participation is in compliance with the terms of the
conciliation.
(5) At the
conclusion of the conciliation period, the participant shall be notified in
writing of an adverse action in accordance with
921 KAR 2:046.
Section 6. Excused from Penalties.
(1) A work-eligible individual shall be
excused from a penalty for failure to comply with KWP, pursuant to Section 7 of
this administrative regulation, if one (1) of the following good cause criteria
is met:
(a) The individual is a single
custodial parent who has a demonstrated inability to obtain needed child care
for a child under six (6) years of age. A demonstrated inability to obtain
needed child care for a child under six (6) years of age shall be met if the
single custodial parent cannot locate appropriate or affordable child
care;
(b) Dependent care is not
available for an incapacitated individual living in the same household as a
dependent child;
(c) Child care is
terminated through no fault of the individual;
(d) Child care does not meet the needs of the
child, for example, a child with a disability;
(e)
1. The
individual is unable to engage in employment or training for a mental or
physical reason as verified by the cabinet; and
2. No reasonable accommodation or program
modification exists;
(f)
The individual is temporarily incarcerated or institutionalized for thirty (30)
days or less;
(g) The cabinet
determines there is discrimination by an employer and a formal complaint has
been filed based on:
1. Age;
2. Race;
3. Sex or gender identity;
4. Color;
5. Sexual orientation;
6. Religion;
7. National origin or ancestry;
8. Disability;
9. Political belief; or
10. Reprisal or retaliation for prior civil
rights activity;
(h) Work
demand or condition renders continued employment unreasonable including:
1. Consistently not being paid on schedule;
or
2. The presence of a risk to the
individual's health or safety;
(i) Wage rate is decreased subsequent to
acceptance of employment;
(j) The
individual accepts a better job that, because of a circumstance beyond the
control of the individual, does not materialize; or
(k) The work activity site is so far removed
from the home that commuting time would exceed three (3) hours per
day.
(2) The duration of
good cause criteria may vary according to the individual's
circumstance.
Section 7.
Penalties.
(1) If a work-eligible individual
fails to comply with a requirement of the KWP, the recipient shall be subject
to a KWP and KTAP penalty. Failure to comply shall be found if the
work-eligible individual:
(a) Fails without
good cause, pursuant to Section 6 of this administrative regulation, to
participate in a required activity, including:
1. An assessment interview;
2. An assessment; or
3. Self-sufficiency plan development
including completion of KW-202;
(b) Fails without good cause, pursuant to
Section 6 of this administrative regulation, to participate in a program
activity in accordance with form KW-202;
(c) Refuses without good cause, pursuant to
Section 6 of this administrative regulation, to accept employment;
(d) Terminates employment or reduces earnings
without good cause, pursuant to Section 6 of this administrative regulation;
or
(e) Fails to register for work
unless an exception in Section 4(3) of this administrative regulation
applies.
(2)
(a) Except for a requirement listed in
paragraph (b) of this subsection:
1. A
work-eligible individual who has failed to comply with a KWP requirement
without good cause, pursuant to Section 6 of this administrative regulation,
shall be penalized by reducing the amount of the assistance otherwise payable
to the benefit group on a pro rata basis; or
2. Assistance otherwise payable to a benefit
group consisting of a two (2) parent household shall be discontinued if neither
the work-eligible individual who is a qualifying parent nor the other parent
complies with a KWP requirement without good cause, pursuant to Section 6 of
this administrative regulation.
(b) Assistance to the benefit group shall be
denied if the work-eligible individual, fails, without good cause pursuant to
Section 6 of this administrative regulation, to:
1. Keep an appointment for an assessment
interview; or
2. Pursuant to
Section 4 of this administrative regulation:
a. Complete an assessment; or
b. Register for work.
(c) The penalties in subsection
(2)(a) of this section shall continue to be applied until the work-eligible
individual complies with a program requirement.
(3) The penalties in subsection (2) of this
section shall not be applied until after a conciliation procedure is conducted
pursuant to Section 5 of this administrative regulation.
Section 8. Hearings and Appeals. An applicant
or recipient of benefits pursuant to a program described herein who is
dissatisfied with an action or inaction on the part of the cabinet shall have
the right to a hearing pursuant to
921 KAR 2:055.
Section 9. Work Experience Program Training
Site Agreement.
(1) A cost incurred by a
training site agency because of participation in a WEP shall not be
reimbursed.
(2) A WEP participant
shall not be removed from training without prior notice to the Department for
Community Based Services.
(3) A WEP
participant shall not infringe upon the promotional opportunity of a currently
employed individual.
(4) An
individual shall not be subjected to discrimination, or denied training or
employment or benefits, in the administration of, or in connection with, the
training program because of:
(a)
Race;
(b) Color;
(c) Religion;
(d) Sex or gender identity;
(e) Sexual orientation;
(f) Age;
(g) Disability;
(h) National origin or ancestry;
(i) Political belief or affiliation;
or
(j) Reprisal or retaliation for
prior civil rights activity.
(5) Prior to placement in a WEP activity, a
WEP participant shall sign form "KW-241, WEP Training Site
Agreement".
(6) A training site
agency shall:
(a) Complete surveying or
reporting relating to the operation of the training site agreement upon the
request of the cabinet;
(b) Not
displace a currently employed worker by a WEP participant, including a partial
displacement including a reduction of the:
1.
Hours of non-overtime work;
2.
Wages; or
3. Employment
benefits;
(c) Comply with
42 U.S.C.
12101 to
12213;
(d) Report a personnel problem to the
departmental representative designated by the cabinet;
(e) Maintain accurate time and attendance
records daily for a WEP participant;
(f) Verify time and attendance records for a
WEP participant pursuant to Section 2(3) of this administrative regulation to
ensure the WEP participant's compliance with subsection (7) of this
section;
(g) Grant access for the
Department for Community Based Services to the training site during working
hours to counsel a participant and to monitor the site;
(h) Immediately report an injury to the
designated representative;
(i)
Conduct an investigation and submit a report upon the request of the Department
for Community Based Services;
(j)
Not encourage or require a WEP participant to take part in partisan political
activity, or involve a WEP participant in partisan political
activity;
(k) Maintain the
confidentiality of information provided by or about a WEP participant who seeks
or receives a service pursuant to form KW-241, except as authorized by law or
in writing by a WEP participant;
(l) Hold the cabinet harmless from a loss,
claim, expense, action, cause of action, cost, damage, and obligation arising
from a negligent act or omission of the training site agency, its agent,
employee, licensee, invitee, or WEP participant that results in injury to a
person, or damage or loss relative to a person, corporation, partnership, or
other entity;
(m) Provide:
1. Sufficient training to ensure development
of appropriate skills;
2. New task
after mastery of a skill; and
3.
Adequate participation instruction and supervision at all times;
(n) Provide the participant a safe
training place;
(o) Assure a
participant, engaged in an activity not covered pursuant to
29 U.S.C.
651 to
678, is not required or permitted
to receive training or a service in a building or surrounding, or under a
training condition that is unsanitary, hazardous, or dangerous to the health
and safety of the participant;
(p)
Provide adequate material to complete a training activity in a safe
environment; and (q) Sign form KW-241 with the cabinet and the participant
containing a statement of:
1. The conditions
established by subsections (1) through (10) of this section; and
2. The period covered by the agreement,
including the required weekly number of hours of participation.
(7) The WEP participant
shall submit verification pursuant to Section 2(3) of this administrative
regulation completed monthly in accordance with subsection (6)(e) and (f) of
this section.
(8) If an amendment
is made to the agreement, a new form KW-241 shall be issued.
(9) A WEP participant or WEP provider shall
be notified in writing of discontinuance of a WEP placement on form
KW-241.
(10) A WEP participant
shall have the right to request an administrative hearing, in accordance with
Section 8 of this administrative regulation, relating to a grievance or
complaint.
Section 10.
Incorporation by Reference.
(1) The following
material is incorporated by reference:
(a)
"KW-33, Verification of Kentucky Works Program Participation", 09/22;
(b) "KW-200, Kentucky Works Program
Assessment", 09/22;
(c) "KW-202,
KTAP Transitional Assistance Agreement", 09/22;
(d) "KW-204, KWP Conciliation",
09/22;
(e) "KW-241, WEP Training
Site Agreement", 09/22; and
(f)
"PA-4, Statement of Required Caretaker Services", 09/22.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Department for
Community Based Services, 275 East Main Street, Frankfort, Kentucky 40621,
Monday through Friday, 8 a.m. to 4:30 p.m. This material may also be viewed on
the department's Web site at
https://chfs.ky.gov/agencies/dcbs/Pages/default.aspx.
STATUTORY AUTHORITY:
KRS
194A.050(1),
205.200(2),
205.200(7),
205.2003