South Carolina Code of Regulations
Chapter 114 - DEPARTMENT OF SOCIAL SERVICES
Article 11 - FAMILY INDEPENDENCE PROGRAM
Section 114-1160 - Work Requirements

(a) The notice of conciliation serves to advise the recipient that a conciliation conference is necessary and that his case may be terminated at the end of the thirty-day conciliation period if conciliation has not been accomplished.

(b) A conciliation conference must be conducted within ten calendar days of the date of the notice, unless the recipient can establish good cause for failure to keep the appointment.

(c) If the recipient agrees to comply, within the thirty-day conciliation period, FI benefits will be continued without interruption, although they may be delayed.

(d) A timely and adequate notice must be sent to terminate benefits to the entire family if the client fails to keep the conciliation appointment or if the client fails to comply with the conciliation requirement.

(e) If the conciliation decision is adverse to the recipient, the recipient has ten days in which to request a fair hearing.

(f) If the recipient agrees to comply after the thirty-day conciliation period has expired, compliance must be demonstrated by participating in the employment and training program for thirty days prior to the reinstatement of FI benefits.

(g) If the recipient's FI case is closed a new written FI application is not required if the recipient agrees to comply with the requirement that caused the case closure and reapplies within sixty days of the closure. The existing application on file must be resigned and dated. The requirement of section A(2)(e) above applies to this reapplication.

(a) The parent or caretaker relative has a child under one year of age; however, custodial parents under age twenty-five who have not completed their high school education shall comply with these provisions regardless of the age of the child;

(b) Is at least six months pregnant and the pregnancy is verified by a qualified licensed health care provider;

(c) Is incapacitated and the incapacity is verified by a physician, and if the Department considers it necessary, confirmed by an assessment performed by the Department of Vocational Rehabilitation, as a physical or mental impairment that prevents the recipient from engaging in gainful employment or participating in education or training;

(d) Is caring for an incapacitated person whose incapacity has been verified by a physician, and if the Department considers it necessary, confirmed by an assessment performed by the Department of Vocational Rehabilitation;

(e) Is unable to participate because child care and reasonable transportation were not provided when needed for participation in employment and training programs.

(a) The life skills training program must include, but is not limited to, training in parenting skills, financial planning and health information.

(b) The program must include an alcohol and drug assessment for any FI recipient for whom it is deemed appropriate by the Department. The Department shall coordinate the assessment with the Department of Alcohol and Other Drug Abuse Services (DAODAS) and shall include the individually determined terms and conditions of the treatment plan in the recipient's agreement with the Department.

(c) The Department shall provide through its training programs information about the value of family planning services to reproductive age recipients. The program must include a family planning assessment for any FI recipient for whom it is deemed appropriate by the Department. The Department shall coordinate the assessment and family planning education with the Department of Health and Environmental Control (DHEC). Training program placement staff shall actively seek the cooperation of employers or potential employers in an agreement which permits an FI recipient time off from work, not to exceed four hours, at least once a year to voluntarily seek family planning services, from a provider of the FI recipient's choice, without fear of losing employment or other reprisals. State funds may not be used to pay for an abortion.

(a) Accept employment or remain employed; or

(b) Participate in an approved education or training activity under the Family Independence Program; or

(c) Participate in initial job search.

(a) For a period not to exceed two weeks; or

(b) For a period not to exceed one month, on an exception basis, when child care arrangements would otherwise be lost and participation in a FI Program activity or employment is scheduled to begin within that period; or

(c) For a thirty-day trial period required for an individual to overcome a sanction.

(d) Assistance with child care payments may be denied or terminated if a client fails to successfully complete the good cause/conciliation process for correcting a non-compliance with FI employment and training program requirements. The recipient shall be informed that he is responsible for all child care payments after the termination date and that an overpayment for child care is subject to recoupment.

(a) Full-time child care is provided for participation of twenty or more hours per week or attendance at a post secondary institution of at least twelve hours per week; or

(b) Half-time child care is provided for participation of ten or more hours but less than twenty per week; or

(c) Hourly rate child care is provided for participation of less than ten hours per week.

(a) The individual needs of the child, including reasonable accessibility of the care to the child's home and school or to the parent's place of employment or training;

(b) The appropriateness of the care to the age and special needs of the child; and

(c) Encouraging the recipient to arrange his own child care at no cost to the State when possible.

(d) The local Department will make available for a parent's review the available county listings of regulated child care providers.

(a) Payment will not be made to any Child Day Care Centers, Group Day Care Homes or Family Day Care Homes that do not meet applicable State and local regulatory requirements.

(b) Payments may be made to providers who are by law exempt from regulatory requirements (e.g. churches) and who provide documentation of their exempt status.

(c) Payments cannot be made to an alleged absent parent.

(d) Payments cannot be made to a child care provider who is a member of the same FI budget group as the parent.

(e) Payments cannot exceed the prescribed local market rates established by the Department.

(f) A parent who chooses a child care provider whose rates exceed the maximum allowable amount shall be responsible for the excess amount (the excess is not considered to be a fee or co-payment).

(g) Child care registration will be paid only once per year unless there are extenuating circumstances that require a change in child care providers.

(h) Informal child care providers must be at least twenty-one years of age.

(i) Child care payments to relatives, friends, or neighbors are subject to federal and State income taxes; the provider of the child care will be sent a 1099 form showing the amount of the child care payments.

(j) Any child care facility accepting children of FI recipients shall allow parents or guardians unrestricted access to the child care facility.

(a) Recipients who live less than one and one-half miles from their destination will not receive assistance with transportation costs.

(b) Transportation costs that will be reimbursed include, but are not limited to:

(a) The Department must respond to a request for child care or transportation within a reasonable period of time.

(b) FI applicants and recipients are entitled a Fair Hearing, under the provisions of R.114-110 and R.114-1180, on issues concerning the appropriateness of, denial of, prompt issuance of, or intended actions to discontinue, terminate, suspend or reduce child care or transportation assistance. The denial or termination of child care or transportation assistance to an applicant or recipient must be communicated in writing.