***** 400.57g This section does not apply after September 30, 2011: See subsection (17) *****
400.57g Failure to comply with rules or provisions; penalties; “noncompliance” defined; termination; "willingness to comply" defined; report; applicability of subsections (1) to (8); applicability of subsections (10) to (15); penalties after April 1, 2007; notice; good cause defined; notification; meeting; termination of benefits; section inapplicable after September 30, 2011.
Sec. 57g.
(1) The department shall develop a system of penalties to be imposed if a recipient fails to comply with applicable rules or the provisions of this section. Penalties may be cumulative and may include reduction of the grant, removal of an individual from the family independence assistance group, and termination of assistance to the family.
(2) A penalty shall not be imposed if the recipient has demonstrated that there was good cause for failing to comply. The department shall determine the circumstances that constitute good cause based on factors that are beyond the control of a recipient.
(3) Recipients who are willing to participate in activities leading to self-sufficiency but who require child care or transportation in order to participate shall not be penalized if the department determines that child care or transportation is not reasonably available or provided to them.
(4) The system of penalties developed under subsection (1) shall include both of the following:
(a) Family independence program benefits shall be terminated if a recipient fails, without good cause, to comply with applicable child support requirements including efforts to establish paternity and obtain child support. The assistance group is ineligible for family independence program assistance for not less than 1 calendar month. After assistance has been terminated for not less than 1 calendar month, assistance may be restored if the noncompliant recipient complies with child support requirements including the action to establish paternity and obtain child support.
(b) If good cause is not determined to exist, assistance shall be terminated. After termination, the assistance group is ineligible for family independence program assistance for not less than 1 calendar month.
(5) For the purposes of subsections (1) to (8), "noncompliance" means 1 or more of the following:
(a) A recipient quits a job.
(b) A recipient is fired for misconduct or for absenteeism without good cause.
(c) A recipient voluntarily reduces the hours of employment or otherwise reduces earnings.
(d) A recipient does not participate in work first activities.
(6) If a recipient does not meet the recipient's individual social contract requirements, the department may impose a penalty.
(7) After termination for noncompliance, the assistance group is ineligible for family independence program assistance for not less than 1 calendar month. After assistance has been terminated for not less than 1 calendar month, family independence program assistance may be approved if the recipient completes a willingness to comply test. For purposes of this section, "willingness to comply" means participating in work first or other self-sufficiency activities for up to 40 hours within 10 working days. At the time any penalty is imposed under this section, the department shall provide the recipient written notice of his or her option to immediately reapply for family independence program benefits and that he or she may complete a "willingness to comply test" during the penalty period.
(8) The department shall submit a report for the period between February 1, 2002 and December 31, 2002 to the legislature, the house and senate fiscal agencies, and the appropriate house and senate standing committees that handle family and children's issues, that contains all of the following information for that time period:
(a) The number of sanctions imposed and reapplications made.
(b) The number of family independence program cases reopened.
(c) The number of referrals to emergency shelters by the department.
(d) The number of sanctions imposed on families with at least 1 disabled parent.
(e) The number of sanctions imposed on families with disabled children.
(9) Subsections (1) to (8) do not apply after March 31, 2007. Subsections (10) to (15) apply beginning April 1, 2007.
(10) Beginning April 1, 2007, if a recipient does not meet his or her individual family self-sufficiency plan requirements and is therefore noncompliant, the department shall impose the penalties described under this section. The department shall implement a schedule of penalties for instances of noncompliance as described in this subsection. The penalties shall be as follows:
(a) For the first instance of noncompliance, the family is ineligible to receive family independence program assistance for not less than 3 calendar months.
(b) For the second instance of noncompliance, the family is ineligible to receive family independence program assistance for not less than 3 calendar months.
(c) For the third instance of noncompliance, the family is ineligible to receive family independence program assistance for 12 calendar months.
(11) For the purposes of subsections (10) to (16), "noncompliance" means 1 or more of the following:
(a) A recipient quits a job.
(b) A recipient is fired for misconduct or absenteeism.
(c) A recipient does not participate in work first activities.
(d) A recipient is noncompliant with his or her family self-sufficiency plan.
(12) For any instance of noncompliance, the recipient shall receive not less than 12 days' notice before the penalties prescribed in this section are imposed. If the recipient demonstrates good cause for the noncompliance during this period and if the family independence specialist caseworker and the work first program caseworker agree that good cause exists for the recipient's noncompliance, a penalty shall not be imposed. For the purpose of this subsection, good cause is 1 or more of the following:
(a) The recipient suffers from a temporary debilitating illness or injury or an immediate family member has a debilitating illness or injury and the recipient is needed in the home to care for the family member.
(b) The recipient lacks child care as described in section 407(e)(2) of the personal responsibility and work opportunity reconciliation act of 1996, Public Law 104-193, 42 USC 607(e)(2).
(c) Either employment or training commuting time is more than 2 hours per day or is more than 3 hours per day when there are unique and compelling circumstances, such as a salary at least twice the applicable minimum wage or the job is the only available job placement within a 3-hour commute per day, not including the time necessary to transport a child to child care facilities.
(d) Transportation is not available to the recipient at a reasonable cost.
(e) The employment or participation involves illegal activities.
(f) The recipient is physically or mentally unfit to perform the job, as documented by medical evidence or by reliable information from other sources.
(g) The recipient is illegally discriminated against on the basis of age, race, disability, gender, color, national origin, or religious beliefs.
(h) Credible information or evidence establishes 1 or more unplanned or unexpected events or factors that reasonably could be expected to prevent, or significantly interfere with, the recipient's compliance with employment and training requirements.
(i) The recipient quit employment to obtain comparable employment.
(13) For all instances of noncompliance resulting in termination of family independence assistance for any period of time described in subsection (10), the period of time the recipient is ineligible to receive family independence program assistance applies toward the recipient's 48-month cumulative lifetime total.
(14) Beginning April 1, 2007, for the first instance that a family independence specialist caseworker determines a recipient to be noncompliant, all of the following shall occur:
(a) The department shall notify the recipient in writing within 3 business days of determining that the recipient is noncompliant. The notification shall include all of the following:
(i) The reason the recipient has been determined to be noncompliant.
(ii) The penalty that will be imposed for the noncompliance.
(iii) An opportunity for the recipient to meet in person with the family independence specialist caseworker within 10 business days of the determination that the recipient is noncompliant.
(b) If the recipient meets with a family independence specialist caseworker within 10 business days, the family independence specialist caseworker and the recipient shall review and modify the family self-sufficiency plan as determined necessary by the family independence specialist caseworker. The family independence specialist caseworker shall discuss and provide an official warning regarding penalties that shall be imposed if the recipient continues to be noncompliant. The family independence specialist caseworker shall inform the recipient that he or she must verify compliance with his or her family self-sufficiency plan within 10 business days.
(c) If the recipient fails to meet with the family independence specialist caseworker within 10 business days of the determination that the recipient is noncompliant, the recipient is subject to the provisions of subsection (10)(a).
(d) If the recipient fails to verify compliance under subdivision (b), the recipient is subject to the provisions of subsection (10)(a).
(15) The meeting described in subsection (14) is only available for the first time a family independence specialist caseworker determines the recipient to be noncompliant regardless of whether that recipient becomes subject to the provisions of subsection (10)(a).
(16) Family independence program benefits shall be terminated if a recipient fails, without good cause, to comply with applicable child support requirements including efforts to establish paternity and obtain child support. The assistance group is ineligible for family independence program assistance for not less than 1 calendar month. After assistance has been terminated for not less than 1 calendar month, assistance may be restored if the noncompliant recipient complies with child support requirements including the action to establish paternity and obtain child support.
(17) This section does not apply after September 30, 2011.
***** 400.57g This section does not apply after September 30, 2011: See subsection (17) *****
400.57g Failure to comply with rules or provisions; penalties; “noncompliance” defined; termination; "willingness to comply" defined; report; applicability of subsections (1) to (8); applicability of subsections (10) to (15); penalties after April 1, 2007; notice; good cause defined; notification; meeting; termination of benefits; section inapplicable after September 30, 2011.
Sec. 57g.
(1) The department shall develop a system of penalties to be imposed if a recipient fails to comply with applicable rules or the provisions of this section. Penalties may be cumulative and may include reduction of the grant, removal of an individual from the family independence assistance group, and termination of assistance to the family.
(2) A penalty shall not be imposed if the recipient has demonstrated that there was good cause for failing to comply. The department shall determine the circumstances that constitute good cause based on factors that are beyond the control of a recipient.
(3) Recipients who are willing to participate in activities leading to self-sufficiency but who require child care or transportation in order to participate shall not be penalized if the department determines that child care or transportation is not reasonably available or provided to them.
(4) The system of penalties developed under subsection (1) shall include both of the following:
(a) Family independence program benefits shall be terminated if a recipient fails, without good cause, to comply with applicable child support requirements including efforts to establish paternity and obtain child support. The assistance group is ineligible for family independence program assistance for not less than 1 calendar month. After assistance has been terminated for not less than 1 calendar month, assistance may be restored if the noncompliant recipient complies with child support requirements including the action to establish paternity and obtain child support.
(b) If good cause is not determined to exist, assistance shall be terminated. After termination, the assistance group is ineligible for family independence program assistance for not less than 1 calendar month.
(5) For the purposes of subsections (1) to (8), "noncompliance" means 1 or more of the following:
(a) A recipient quits a job.
(b) A recipient is fired for misconduct or for absenteeism without good cause.
(c) A recipient voluntarily reduces the hours of employment or otherwise reduces earnings.
(d) A recipient does not participate in work first activities.
(6) If a recipient does not meet the recipient's individual social contract requirements, the department may impose a penalty.
(7) After termination for noncompliance, the assistance group is ineligible for family independence program assistance for not less than 1 calendar month. After assistance has been terminated for not less than 1 calendar month, family independence program assistance may be approved if the recipient completes a willingness to comply test. For purposes of this section, "willingness to comply" means participating in work first or other self-sufficiency activities for up to 40 hours within 10 working days. At the time any penalty is imposed under this section, the department shall provide the recipient written notice of his or her option to immediately reapply for family independence program benefits and that he or she may complete a "willingness to comply test" during the penalty period.
(8) The department shall submit a report for the period between February 1, 2002 and December 31, 2002 to the legislature, the house and senate fiscal agencies, and the appropriate house and senate standing committees that handle family and children's issues, that contains all of the following information for that time period:
(a) The number of sanctions imposed and reapplications made.
(b) The number of family independence program cases reopened.
(c) The number of referrals to emergency shelters by the department.
(d) The number of sanctions imposed on families with at least 1 disabled parent.
(e) The number of sanctions imposed on families with disabled children.
(9) Subsections (1) to (8) do not apply after March 31, 2007. Subsections (10) to (15) apply beginning April 1, 2007.
(10) Beginning April 1, 2007, if a recipient does not meet his or her individual family self-sufficiency plan requirements and is therefore noncompliant, the department shall impose the penalties described under this section. The department shall implement a schedule of penalties for instances of noncompliance as described in this subsection. The penalties shall be as follows:
(a) For the first instance of noncompliance, the family is ineligible to receive family independence program assistance for not less than 3 calendar months.
(b) For the second instance of noncompliance, the family is ineligible to receive family independence program assistance for not less than 3 calendar months.
(c) For the third instance of noncompliance, the family is ineligible to receive family independence program assistance for 12 calendar months.
(11) For the purposes of subsections (10) to (16), "noncompliance" means 1 or more of the following:
(a) A recipient quits a job.
(b) A recipient is fired for misconduct or absenteeism.
(c) A recipient does not participate in work first activities.
(d) A recipient is noncompliant with his or her family self-sufficiency plan.
(12) For any instance of noncompliance, the recipient shall receive not less than 12 days' notice before the penalties prescribed in this section are imposed. If the recipient demonstrates good cause for the noncompliance during this period and if the family independence specialist caseworker and the work first program caseworker agree that good cause exists for the recipient's noncompliance, a penalty shall not be imposed. For the purpose of this subsection, good cause is 1 or more of the following:
(a) The recipient suffers from a temporary debilitating illness or injury or an immediate family member has a debilitating illness or injury and the recipient is needed in the home to care for the family member.
(b) The recipient lacks child care as described in section 407(e)(2) of the personal responsibility and work opportunity reconciliation act of 1996, Public Law 104-193, 42 USC 607(e)(2).
(c) Either employment or training commuting time is more than 2 hours per day or is more than 3 hours per day when there are unique and compelling circumstances, such as a salary at least twice the applicable minimum wage or the job is the only available job placement within a 3-hour commute per day, not including the time necessary to transport a child to child care facilities.
(d) Transportation is not available to the recipient at a reasonable cost.
(e) The employment or participation involves illegal activities.
(f) The recipient is physically or mentally unfit to perform the job, as documented by medical evidence or by reliable information from other sources.
(g) The recipient is illegally discriminated against on the basis of age, race, disability, gender, color, national origin, or religious beliefs.
(h) Credible information or evidence establishes 1 or more unplanned or unexpected events or factors that reasonably could be expected to prevent, or significantly interfere with, the recipient's compliance with employment and training requirements.
(i) The recipient quit employment to obtain comparable employment.
(13) For all instances of noncompliance resulting in termination of family independence assistance for any period of time described in subsection (10), the period of time the recipient is ineligible to receive family independence program assistance applies toward the recipient's 48-month cumulative lifetime total.
(14) Beginning April 1, 2007, for the first instance that a family independence specialist caseworker determines a recipient to be noncompliant, all of the following shall occur:
(a) The department shall notify the recipient in writing within 3 business days of determining that the recipient is noncompliant. The notification shall include all of the following:
(i) The reason the recipient has been determined to be noncompliant.
(ii) The penalty that will be imposed for the noncompliance.
(iii) An opportunity for the recipient to meet in person with the family independence specialist caseworker within 10 business days of the determination that the recipient is noncompliant.
(b) If the recipient meets with a family independence specialist caseworker within 10 business days, the family independence specialist caseworker and the recipient shall review and modify the family self-sufficiency plan as determined necessary by the family independence specialist caseworker. The family independence specialist caseworker shall discuss and provide an official warning regarding penalties that shall be imposed if the recipient continues to be noncompliant. The family independence specialist caseworker shall inform the recipient that he or she must verify compliance with his or her family self-sufficiency plan within 10 business days.
(c) If the recipient fails to meet with the family independence specialist caseworker within 10 business days of the determination that the recipient is noncompliant, the recipient is subject to the provisions of subsection (10)(a).
(d) If the recipient fails to verify compliance under subdivision (b), the recipient is subject to the provisions of subsection (10)(a).
(15) The meeting described in subsection (14) is only available for the first time a family independence specialist caseworker determines the recipient to be noncompliant regardless of whether that recipient becomes subject to the provisions of subsection (10)(a).
(16) Family independence program benefits shall be terminated if a recipient fails, without good cause, to comply with applicable child support requirements including efforts to establish paternity and obtain child support. The assistance group is ineligible for family independence program assistance for not less than 1 calendar month. After assistance has been terminated for not less than 1 calendar month, assistance may be restored if the noncompliant recipient complies with child support requirements including the action to establish paternity and obtain child support.
(17) This section does not apply after September 30, 2011.
***** 400.57g This section does not apply after September 30, 2011: See subsection (17) *****
400.57g Failure to comply with rules or provisions; penalties; “noncompliance” defined; termination; "willingness to comply" defined; report; applicability of subsections (1) to (8); applicability of subsections (10) to (15); penalties after April 1, 2007; notice; good cause defined; notification; meeting; termination of benefits; section inapplicable after September 30, 2011.
Sec. 57g.
(1) The department shall develop a system of penalties to be imposed if a recipient fails to comply with applicable rules or the provisions of this section. Penalties may be cumulative and may include reduction of the grant, removal of an individual from the family independence assistance group, and termination of assistance to the family.
(2) A penalty shall not be imposed if the recipient has demonstrated that there was good cause for failing to comply. The department shall determine the circumstances that constitute good cause based on factors that are beyond the control of a recipient.
(3) Recipients who are willing to participate in activities leading to self-sufficiency but who require child care or transportation in order to participate shall not be penalized if the department determines that child care or transportation is not reasonably available or provided to them.
(4) The system of penalties developed under subsection (1) shall include both of the following:
(a) Family independence program benefits shall be terminated if a recipient fails, without good cause, to comply with applicable child support requirements including efforts to establish paternity and obtain child support. The assistance group is ineligible for family independence program assistance for not less than 1 calendar month. After assistance has been terminated for not less than 1 calendar month, assistance may be restored if the noncompliant recipient complies with child support requirements including the action to establish paternity and obtain child support.
(b) If good cause is not determined to exist, assistance shall be terminated. After termination, the assistance group is ineligible for family independence program assistance for not less than 1 calendar month.
(5) For the purposes of subsections (1) to (8), "noncompliance" means 1 or more of the following:
(a) A recipient quits a job.
(b) A recipient is fired for misconduct or for absenteeism without good cause.
(c) A recipient voluntarily reduces the hours of employment or otherwise reduces earnings.
(d) A recipient does not participate in work first activities.
(6) If a recipient does not meet the recipient's individual social contract requirements, the department may impose a penalty.
(7) After termination for noncompliance, the assistance group is ineligible for family independence program assistance for not less than 1 calendar month. After assistance has been terminated for not less than 1 calendar month, family independence program assistance may be approved if the recipient completes a willingness to comply test. For purposes of this section, "willingness to comply" means participating in work first or other self-sufficiency activities for up to 40 hours within 10 working days. At the time any penalty is imposed under this section, the department shall provide the recipient written notice of his or her option to immediately reapply for family independence program benefits and that he or she may complete a "willingness to comply test" during the penalty period.
(8) The department shall submit a report for the period between February 1, 2002 and December 31, 2002 to the legislature, the house and senate fiscal agencies, and the appropriate house and senate standing committees that handle family and children's issues, that contains all of the following information for that time period:
(a) The number of sanctions imposed and reapplications made.
(b) The number of family independence program cases reopened.
(c) The number of referrals to emergency shelters by the department.
(d) The number of sanctions imposed on families with at least 1 disabled parent.
(e) The number of sanctions imposed on families with disabled children.
(9) Subsections (1) to (8) do not apply after March 31, 2007. Subsections (10) to (15) apply beginning April 1, 2007.
(10) Beginning April 1, 2007, if a recipient does not meet his or her individual family self-sufficiency plan requirements and is therefore noncompliant, the department shall impose the penalties described under this section. The department shall implement a schedule of penalties for instances of noncompliance as described in this subsection. The penalties shall be as follows:
(a) For the first instance of noncompliance, the family is ineligible to receive family independence program assistance for not less than 3 calendar months.
(b) For the second instance of noncompliance, the family is ineligible to receive family independence program assistance for not less than 3 calendar months.
(c) For the third instance of noncompliance, the family is ineligible to receive family independence program assistance for 12 calendar months.
(11) For the purposes of subsections (10) to (16), "noncompliance" means 1 or more of the following:
(a) A recipient quits a job.
(b) A recipient is fired for misconduct or absenteeism.
(c) A recipient does not participate in work first activities.
(d) A recipient is noncompliant with his or her family self-sufficiency plan.
(12) For any instance of noncompliance, the recipient shall receive not less than 12 days' notice before the penalties prescribed in this section are imposed. If the recipient demonstrates good cause for the noncompliance during this period and if the family independence specialist caseworker and the work first program caseworker agree that good cause exists for the recipient's noncompliance, a penalty shall not be imposed. For the purpose of this subsection, good cause is 1 or more of the following:
(a) The recipient suffers from a temporary debilitating illness or injury or an immediate family member has a debilitating illness or injury and the recipient is needed in the home to care for the family member.
(b) The recipient lacks child care as described in section 407(e)(2) of the personal responsibility and work opportunity reconciliation act of 1996, Public Law 104-193, 42 USC 607(e)(2).
(c) Either employment or training commuting time is more than 2 hours per day or is more than 3 hours per day when there are unique and compelling circumstances, such as a salary at least twice the applicable minimum wage or the job is the only available job placement within a 3-hour commute per day, not including the time necessary to transport a child to child care facilities.
(d) Transportation is not available to the recipient at a reasonable cost.
(e) The employment or participation involves illegal activities.
(f) The recipient is physically or mentally unfit to perform the job, as documented by medical evidence or by reliable information from other sources.
(g) The recipient is illegally discriminated against on the basis of age, race, disability, gender, color, national origin, or religious beliefs.
(h) Credible information or evidence establishes 1 or more unplanned or unexpected events or factors that reasonably could be expected to prevent, or significantly interfere with, the recipient's compliance with employment and training requirements.
(i) The recipient quit employment to obtain comparable employment.
(13) For all instances of noncompliance resulting in termination of family independence assistance for any period of time described in subsection (10), the period of time the recipient is ineligible to receive family independence program assistance applies toward the recipient's 48-month cumulative lifetime total.
(14) Beginning April 1, 2007, for the first instance that a family independence specialist caseworker determines a recipient to be noncompliant, all of the following shall occur:
(a) The department shall notify the recipient in writing within 3 business days of determining that the recipient is noncompliant. The notification shall include all of the following:
(i) The reason the recipient has been determined to be noncompliant.
(ii) The penalty that will be imposed for the noncompliance.
(iii) An opportunity for the recipient to meet in person with the family independence specialist caseworker within 10 business days of the determination that the recipient is noncompliant.
(b) If the recipient meets with a family independence specialist caseworker within 10 business days, the family independence specialist caseworker and the recipient shall review and modify the family self-sufficiency plan as determined necessary by the family independence specialist caseworker. The family independence specialist caseworker shall discuss and provide an official warning regarding penalties that shall be imposed if the recipient continues to be noncompliant. The family independence specialist caseworker shall inform the recipient that he or she must verify compliance with his or her family self-sufficiency plan within 10 business days.
(c) If the recipient fails to meet with the family independence specialist caseworker within 10 business days of the determination that the recipient is noncompliant, the recipient is subject to the provisions of subsection (10)(a).
(d) If the recipient fails to verify compliance under subdivision (b), the recipient is subject to the provisions of subsection (10)(a).
(15) The meeting described in subsection (14) is only available for the first time a family independence specialist caseworker determines the recipient to be noncompliant regardless of whether that recipient becomes subject to the provisions of subsection (10)(a).
(16) Family independence program benefits shall be terminated if a recipient fails, without good cause, to comply with applicable child support requirements including efforts to establish paternity and obtain child support. The assistance group is ineligible for family independence program assistance for not less than 1 calendar month. After assistance has been terminated for not less than 1 calendar month, assistance may be restored if the noncompliant recipient complies with child support requirements including the action to establish paternity and obtain child support.
(17) This section does not apply after September 30, 2011.
