North Dakota Administrative Code
Title 75 - Department of Human Services
Article 75-02 - Economic Assistance
Chapter 75-02-01.2 - Temporary Assistance for Needy Families Program
Section 75-02-01.2-103 - Job opportunities and basic skills program - Good cause for failure or refusal to comply with a referral to, or participate in, the job opportunities and basic skills program
Universal Citation: ND Admin Code ยง 75-02-01.2-103
Current through Supplement No. 394, October, 2024
1. All work-eligible individuals must participate in the job opportunities and basic skills program unless good cause is granted by the eligibility worker. Good cause for failure or refusal to participate in the job opportunities and basic skills program exists when:
a. The household member is incapacitated with
a physical or mental impairment verified by reliable medical evidence which, by
itself or in conjunction with age, prevents the individual from working or
participating in any job opportunities and basic skills program or work
activity;
b. An individual whose
substantially continuous presence in the household is necessary to care for
another member of the household, to whom the individual seeking good cause for
nonparticipation owes a legal duty to provide care, who has a condition,
verified by reliable medical evidence, which does not permit self-care, care by
another household member, or care provided as supportive services;
c. An individual has an illness or injury,
verified by reliable medical evidence and reviewed every thirty days, which is
serious enough to temporarily prevent entry into employment or participation in
any job opportunities and basic skills program activity; or
d. In the case of a parent or other eligible
caretaker relative of a child under age six, who is personally caring for the
child full time and who demonstrates an inability to obtain needed child care
for one or more of the following reasons:
(1)
Child care is unobtainable at a location such that the usual commuting time
from the parent's home to the location at which child care is provided, and on
to the parent's worksite, is one hour or less;
(2) Suitable child care is unobtainable from
a relative, from an approved child care provider licensed or registered under
North Dakota Century Code chapter 50-11.1, or from a child care provider not
required to be licensed or registered under North Dakota Century Code chapter
50-11.1; or
(3) Child care is
unobtainable, from a child care provider licensed or registered under North
Dakota Century Code chapter 50-11.1, at a rate equal to or less than two times
the maximum allowable amount as determined by the child care assistance
program.
2. Claims of good cause must be evaluated using the decisionmaking principles described in section 75-02-01.2-12.
General Authority: NDCC 50-09-02, 50-09-25
Law Implemented: NDCC 50-09-02
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