808.31 Compliance Requirements SR 97-19, 06/97 (FAM-A)

All NHEP applicant or recipient parents or included caretaker relatives must meet the following voluntary quit requirements:

• Accept any job offers which are suitable;

• Not voluntarily quit a job while receiving financial assistance; and

• Not voluntarily quit any 20 hour or more per week job they held within 60 days of their application for assistance.

In addition to the above requirements, mandatory and voluntary NHEP applicants and recipients must meet the following NHEP participation requirements:

• Contact the NHEP team within 72 hours of the initial referral to schedule the initial orientation/assessment interview;

• Cooperate in the initial assessment, employability assessments and the development of an employability plan;

• Participate in the NHEP activities as specified on the employability plan; and

• Make a good faith effort to comply with the steps described in EP.

Good Cause: Individuals may have good cause for not meeting the responsibilities listed above. See the Good Cause section below.

Good Faith Effort

Individuals are considered to be making a good faith effort to comply with the steps of their employability plan when they are:

• Keeping scheduled appointments;

• Providing verifications or information, such as Form 223, Employer Contacts;

• Attending scheduled classes, meetings, orientations, workshops and appointments;

• Going to scheduled job interviews;

• Participating in the required activities for the required number of hours as specified on the employability plan; and

• Continuing participation in employment and other NHEP activities.

Suitable Employment

Use the following factors to determine if employment is suitable:

• The degree of risk involved to a participant’s health, safety, and morals,

• The participant’s prior training and experience;

• A participant’s prospects for securing his or her customary occupation in the local labor market;

• The commuting distance should not be substantially greater than is customary for the area;

• The participant’s prior earnings and length of unemployment; and

• For individuals with no work history or very little work history, consideration should be given to preference, interest, skills, employer benefits and potential for developing a work history.

Good Cause Reasons for Voluntary Quit/Refusal to Accept Suitable Employment

Good cause may exist when any financial assistance parent or included caretaker relative voluntarily quits a job or refuses suitable employment. Refer to Chapter 300, Non-Financial Criteria, for voluntary quit good cause criteria.

Good Cause for Non-Compliance with NHEP Participation Requirements

NHEP participants may have good cause reasons for failing to meet NHEP participation requirements. Individuals have good cause when the failure is caused by circumstances beyond the participant’s control including:

• Lack of transportation;

• Lack of adequate child care (see below);

• Illness, incapacity or disability of the participant;

• Illness, incapacity or disability of another household member that is serious enough to require the participant’s presence in the home;

• Net loss of cash income (see below);

• Mandated appointments, including court appearances;

• Unreasonable risk to the health or safety of any household member; or

• Other circumstances beyond the participant’s control.

Adequate Child Care

Adequate child care is available from providers who:

• Have openings;

• Are licensed or license exempt;

• Are accessible given the participant’s means to transport the children;

• Provide care that is representative of the quality of child care provided to other children in the community;

• Are 16 years of age or older, if providing full-time care;

• Are 14 years of age or older, if providing part-time care;

• Are not residing in the family’s home;

• Are not a parent of the child being cared for;

• Allow the parent access to the child at all times; and

• Meet the household’s basic requirements for child care, including the hours of care and special treatment for handicapped children.

Good Cause for Lack of Adequate Child Care

Good cause for lack of adequate child care exists when there are no adequate providers available. Prior to the determination of good cause, the participant must:

• Explore child care providers and options for obtaining adequate child care; and

• Provide a written reason why available providers do not provide care that is representative of the quality of the child care provided to other children in the community.

Exception: Good cause for lack of adequate child care does not exist when:

• The child is age 18 or older;

• The child is age 13 or older, unless the child has a mental or physical condition that would result in harm to the child or others without supervision; or

• Providers refuse to provide child care due to intentional non-payment of child care bills by the participant.

Good Cause for Net Loss of Income

Good cause for loss of net income applies when the net income available to a family at the time the offer of employment was made is less than the financial assistance the family received under NHEP or FAP.

1.  Total the family’s gross income, which includes, but is not limited to, earnings, unearned income and cash assistance; and

2.  Determine the net income by subtracting from the gross income the total necessary work-related expenses such as child care, transportation, and any other mandatory work related expense required by the employer.

If the net income is less than the financial assistance the family received under NHEP at the time the offer of employment was made, good cause due to net loss of cash income exists.

Making a Good Cause Decision

Determination of Good Cause Criteria

Good cause decisions are subject to the Department of Health and Human Services’ fair hearing process. The NHEP team member must consider all available facts and circumstances when making a good cause decision, including information submitted by the:

• Individual;

• Employer;

• Other agencies providing a NHEP service/activity; and

• Any other individual with first hand knowledge of the facts and/or circumstances of the situation.

Make all good cause determinations within 45 days of the date of Form 220 (see Section 808.33 below).