Current through Vol. 42, No. 1, September 16, 2024
(a)
Scope and applicability. The employability planning process begins
at intake and continues as long as there are employment barriers or family
circumstances that interfere with the participant obtaining and retaining
employment. The worker and the participant initiate Form 08TW002E, TANF
Work/Personal Responsibility Agreement. While completing Form 08TW002E, the
participant provides information regarding his or her work history, education
and training, employment interests, child care plan, and transportation and
support services needs to help the worker develop an employability plan that
addresses the participant's strengths and employment barriers.
(1) Literacy screening is mandatory and must
be included as a required Temporary Assistance for Needy Families (TANF) Work
activity for participants who have not obtained a high school diploma or high
school equivalency certificate and demonstrate a lack of literacy
skills.
(2) Per Section 250.52 of
Title 56 of the Oklahoma Statutes (56 O.S. § 250.62) and Oklahoma
Administrative Code (OAC)
340:10-4-1, TANF recipients
undergo substance abuse screening. When a recipient tests positive for an
illegal controlled substance, the employment plan includes substance abuse
treatment or mental health counseling. The worker includes treatment or
counseling until a substance abuse, mental health, or medical professional
indicates these supports are no longer necessary.
(3) The participant's identified employment
barriers must be addressed on Form 08TW002E. Barriers may include, but are not
limited to:
(A) English as a second
language,;
(B) learning
disabilities,;
(C) physical or
mental health;
(D) domestic
violence;
(E) lack of
transportation;
(F) literacy;
or
(G) substance abuse.
(b)
Interest and
ability assessments. Assessments determine the participant's skills,
abilities, and barriers per Section 261.11 of Title 45 of the Code of Federal
Regulations (45 C.F.R.
§
261.11). The worker includes
completion of required interest and ability assessments as a required work
activity on the participant's initial employability plan unless the client has
a good cause reason not to participate in TANF Work activities.
(1) The use of assessments provides the
worker, participant, assessment specialist, and/or community partners with:
(A) an indication of learning disabilities
and vision problems;
(B) a
measurement of the participant's skills, abilities, interests, and
aptitude;
(C) the participant's
current academic achievement level; and
(D) meaningful information to create a valid
employability plan.
(2)
Participants referred for testing are informed how test results are used. Test
scores are confidential but may be shared with community partners. To refer the
participant for testing, the worker completes and sends Form 08TW003E,
Interagency Referral and Information, to the community partner. Participants
referred for formal assessments are eligible for participant allowances and
child care.
(c)
Employability planning. The worker and the participant use the
information from the assessment and other relevant information to develop a
plan for securing employment per
45 C.F.R. §
261.12 and 56 O.S. § 230.52.
(1) The employability plan:
(A) is a part of the social services plan for
the entire family and includes establishing short and long term goals,
including specific occupational goals, activities, and services necessary to
achieve the goals;
(B) must be
realistic and within the participant's ability to achieve;
(C) may include staffing with other community
partners for assignment to specific work activities, collaboration with other
agencies for services, such as job placement, training, and education, and the
provision of social services;
(D)
must identify specific needs and activities required to reach the occupational
goal and estimated achievement dates; and
(E) may include more than one activity at a
time based on the participant's specific needs and available hours.
(2) The worker informs the
participant that the employability plan is updated as necessary to account for
situational changes.
(3) The worker
reviews the employability plan with the participant:
(A) at least every six months;
(B) as changes are made to the employability
plan; and
(C) at the completion of
any work activity.
(4)
Employment plans for employed participants with income insufficient to close
the TANF benefit must have a plan designed to upgrade employment. These plans
must not interfere with current employment.
(d)
Work activities.
Participants are assigned to one or more activities and scheduled the required
minimum number of hours. The participant signs Form 08TW002E, when a work
activity is agreed upon and assigned.
(1)
Assignments must be within the scope of the participant's employability
plan.
(2) The assignment must be
related to the participant's capability to perform the task on a regular
basis.
(3) The daily commuting time
to and from home to the assigned education, employment, or training site is
normally less than two hours. Commuting time does not include the time required
to transport a child to and from a child care facility. When longer travel time
is normal in the community, the round trip commuting time may not exceed the
general community standards.
(4)
When the participant needs child care in order to participate in work
activities:
(A) the participant chooses the
child care provider;
(B) child care
must be available during the hours the participant is engaged in any work
activity, plus any additional commuting time; and
(C) the participant completes a Child Care
Subsidy application and must meet child care eligibility rules per Oklahoma
Administrative Code (OAC) 340:40 when subsidized child care is
needed.
(5) Assignments
that are discriminatory in terms of age, sex, race, color, national origin,
disability, and in some cases religion or political beliefs are not
permitted.
(6) The assignment site
must not be in violation of established and applicable health and safety
standards.
(7) The worker does not
refer a participant to a work activity unless supportive services necessary for
participation are available. The cessation or withdrawal of such services
constitutes good cause for refusal to participate.
(8) When the agreed upon employability plan
requires hours in excess of the minimum requirement, the participant must
participate the agreed upon number of hours
Added at 15 Ok Reg 145, eff 11-1-97 (emergency); Added at
15 Ok Reg 897, eff 2-1-98 (emergency); Added at 15 Ok Reg 2616, eff 6-25-98 ;
Amended at 16 Ok Reg 2076, eff 6-1-99 (emergency); Amended at 17 Ok Reg 2271,
eff 5-1-00 (preemptive); Amended at 18 Ok Reg 2055, eff 7-1-01 ; Amended at 20
Ok Reg 850, eff 6-1-03 ; Amended at 21 Ok Reg 814, eff 5-1-04 ; Amended at 24
Ok Reg 1020, eff 6-1-07 ; Amended at 27 Ok Reg 156, eff 12-1-09 (emergency);
Amended at 27 Ok Reg 1173, eff 6-1-10 ; Amended at 30 Ok Reg 338, eff 12-5-12
(emergency); Amended at 30 Ok Reg 634, eff
6-1-13
