Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 468 - AID TO DEPENDENT CHILDREN (ADC)
Chapter 4 - EMPLOYMENT FIRST SELF-SUFFICIENCY PROGRAM (EF)
Section 468-4-010 - NONPARTICIPATION

Universal Citation: 468 NE Admin Rules and Regs ch 4 ยง 010

Current through September 17, 2024

Nonparticipation may occur only after a client has signed a Self-Sufficiency Contract. Some examples of failing to participate include, but are not limited to:

(A) Not participating in Self-Sufficiency Contract revisions;

(B) Not meeting the terms of the Self-Sufficiency Contract;

(C) Failing to appear for a job interview or follow up on a job opening when the potential job meets the appropriate work criteria;

(D) Failing to keep appointments with the Department or with another agency providing service to the participant;

(E) Voluntarily leaving a component activity before its completion;

(F) Failing or refusing to report on his or her job search as required; or

(G) Quitting employment or refusing a bona fide offer of employment without good cause.

010.01 GOOD CAUSE. The following are some examples of good cause for failing or refusing to participate in Employment First:

(1) The participant's illness or incapacitation;

(2) Incarceration or court-required appearance of the participant;

(3) A family crisis or change in family circumstances which interfere with participation;

(4) Unavailability or a breakdown in transportation or child care arrangements with no readily accessible alternative;

(5) Weather conditions which would prohibit the individual from participating in the prescribed activity;

(6) A wage which results in a net loss of cash income;

(7) Hazardous work conditions;

(8) The participants mental or physical inability to do the job; or

(9) The presence of domestic violence in the participant's life which interferes with his or her ability to secure child care or transportation; his or her ability to attend school, training, or work; or which compromises him or her or his or her child's physical or emotional safety.

010.01(A) NET LOSS OF INCOME- NOT ACCEPTING A JOB. If employment would result in a net loss of cash income, the participant would have good cause for not accepting that job. He or she may still choose to accept the employment, but is not subject to sanction if he or she does not.

010.01(B) NET LOSS OF INCOME- ALREADY EMPLOYED. The participant experiences a net loss of income if the income from employment does not equal the Aid to Dependent Children cash benefit plus work related expenses minus any unearned income received by the family. Work related expenses, not otherwise incurred, are defined as:
(i) Mandatory payroll deductions;

(ii) Transportation, limited to gas and oil and routine maintenance or city bus fare not paid by other sources;

(iii) The portion of child care paid by the participant; and

(iv) Uniforms not paid for by other sources.

010.02 ACTION FOLLOWING NONPARTICIPATION. Before imposing the first or second sanction, the recommendation is reviewed by two Department supervisors. The recommendation for imposing a third sanction must be reviewed by two Department supervisors and approved by a second level Department supervisor. If the participation issue is resolved or good cause is established, no section is imposed. The sanction recommendation must be reviewed to ensure that the Department representative has:

(1) Reviewed the contracted activities to assure that they are reasonable and appropriate; and that they are consistent with the participant's physical and mental abilities;

(2) Discussed the nonparticipation issue with the participant to determine whether there was good cause for his or her failure to refusal to participate; and

(3) Worked with the participant to assist them in removing any barriers to participation.

010.02(A) FAILURE TO PARTICIPATE IN EMPLOYMENT FIRST. If the parent fails or refuses to participate in Employment First without good cause, the result is the loss of Aid to Dependent Children cash assistance for the entire family. In a two-parent family, failure or refusal to participate in Employment First without good cause by one parent will result in the loss of Aid to Dependent Children for the entire family. If the needy caretaker relative, guardian, or conservator who is not a parent fails or refuses to participate in Employment First without good cause, the result is the removal of the caretaker's needs from the Aid to Dependent Children unit. If a dependent child age 16, 17, or 18 fails to attend school and fails or refuses to participate in any other Employment First component without good cause, the result is the removal of the child's needs from the Aid to Dependent Children unit.
010.02(A)(i) SANCTION FOR MANDATORY PARTICIPANT'S FAILURE OR REFUSAL TO PARTICIPATE. A sanction is effective the first of the specified month following adequate and timely notice. A waiver of receipt of Aid to Dependent Children once a sanction notice has been mailed does not prohibit the sanction from taking effect.
010.02(A)(i)(1) LENGTH OF A SANCTION. There is no minimum penalty period for a sanction imposed upon a needy caretaker relative, guardian, conservator, or dependent child. The sanction will last until the failure to participate ceases. If the individual who has failed or refused to participate in Employment First is a parent, the sanctions will be as follows:
(i) The first imposition of a sanction will last one month or until the failure to participate ceases, whichever is longer.

(ii) The second sanction will last for three months or until the failure to participate ceases, whichever is longer.

(iii) The third and subsequent sanctions must not be imposed without a second-level supervisory review. This sanction will last for a minimum of 12 months or until the failure to participate ceases, whichever is longer.

010.02(A)(i)(1)(a) QUALIFICATION FOR AN EXEMPTION. If the parent qualifies for an exemption at any time during the sanction period, the exemption will be granted and the sanction will be lifted. If during the first month of the penalty period, the Aid to Dependent Children will resume effective the first day of the month during which the parent qualifies for the exemption. If after the first month of the penalty period, the Aid to Dependent Children is prorated from the date of the new application for ADC Aid to Dependent Children. If the needy caretaker relative, guardian, conservator, or dependent child qualifies for an exemption, the exemption will be granted and the sanction will be lifted. The Aid to Dependent Children for the individual is prorated from the date the individual qualifies for the exemption. Once a sanction has been lifted due to the participant qualifying for an exemption, the sanction cannot be re-imposed once the individual no longer qualifies for the exemption.

010.02(A)(i)(2) LIFTING OF SANCITON. Once a sanction is imposed, Aid to Dependent Children cannot be reinstated unless the participant qualifies for an exemption or exhausts the minimum penalty period prescribed for that sequence of sanction and fulfills the participation requirement. The participant must engage in the component activity or activities included in his or her Self-Sufficiency Contract or in another activity mutually agreed upon for a minimum of five consecutive work days in order to demonstrate his or her willingness to participate. The participant may receive supportive services while engaging in the required activity or activities. If the individual does not complete the five days of activity, his or her request is no longer valid. If the parent successfully fulfills the participation requirement, the sanction will be lifted and the Aid to Dependent Children prorated from the date of the new application for Aid to Dependent Children. If the parent submits a new application for Aid to Dependent Children before the minimum penalty period has been served and successfully fulfills the participation requirement, the Aid to Dependent Children will resume the first day of the month following the end of the minimum penalty period. If the needy caretaker relative, guardian, conservator or dependent child successfully fulfills the participation requirement, the sanction will be lifted, and the Aid to Dependent Children for the individual will resume effective the date he or she requested the sanction be lifted.

010.02(A)(i)(3) ACTION FOLLOWING A VOLUNTEER'S FAILURE OR REFUSAL TO PARTICIPATE. When a volunteer fails or refuses to participate in the activities agreed upon in the Self-Sufficiency Contract, his or her status should be examined. If the volunteer would actually be a mandatory participant when the failure to participate occurred, a sanction may be imposed. If the individual still qualifies as a volunteer, he or she returns to exempt status and there would be no monetary sanction if he or she fails or refuses to participate in Employment First. The volunteer is considered to be participating once he or she engages in the component activity to which he or she previously agreed in the Self-Sufficiency Contract or in another activity mutually agreed upon for a minimum of five consecutive work days in order to demonstrate his his or her willingness to participate. The voluntary participant may receive supportive services while engaging in the assigned activity. If the voluntary participant does not complete the five days of activity, his or her request to volunteer is no longer valid.

010.03 RIGHT TO APPEAL. Employment First participants have the right to mediation or appeal:

(1) The determination by the Department that the individual has not complied with Employment First requirements or with terms of the Self-Sufficiency Contract; or

(2) The participant's contention that the Department has not complied with the terms of the Self-Sufficiency Contract.

010.03(A) CONTINUATION OF BENEFITS. The Aid to Dependent Children and Employment First supportive services must not be reduced or terminated pending mediation or the appeal hearing if the individual requests mediation or a fair hearing within ten days following the date the notice of adverse action is mailed and the participant does not refuse continued assistance.

010.03(B) MEDIATION AS A RESULT OF A NOTICE OF ADVERSE ACTION. The individual must request mediation within 90 days following the date the notice of adverse action is mailed. Mediation may be requested in writing. The individual may request mediation services by calling or writing the Department or the mediation center that serves the county in which the participant resides. The Department may also request mediation. The participant has the choice whether to participate in mediation.

010.03(C) MEDIATION NOT AS A RESULT OF A NOTICE OF ADVERSE ACTION. If the individual is dissatisfied with the Department representative's action or inaction, the individual may request a conference with the representative's supervisor. If the individual continues to disagree with the supervisor's conclusion, he or she has 30 days in which to request mediation. If the individual does not choose to confer with the supervisor, the individual has 30 days from the date of the Department representative's action or inaction or the date the individual became aware of the representative's action or inaction to request mediation.

010.03(D) CONCLUSION OF MEDIATION. When the mediation has concluded, the mediator notifies the individual and the Department in writing. If the individual is dissatisfied with the result of mediation, he or she has five days from the date of notification from the mediator to request a fair hearing for an issue that may be appealed.

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