0295.000.00 RIGHTS AND RESPONSIBILITIES

0295.005.00  Failure To Participate

Failure or refusal to participate occurs if an individual states orally or in writing an unwillingness to participate. It may also occur when a participant's current performance, inaction, or pattern of behavior, such as repeated absences, suggests a lack of participation without good cause.

When a Temporary Assistance participant is required to participate and fails to do so without good cause, the Temporary Assistance grant and Food Stamps, if applicable, are reduced. (Refer to Section 0295.025.00 SANCTIONS AND THE FOOD STAMP MANUAL)

The Temporary Assistance grant is not reduced if an exempt volunteer fails to participate without good cause.

Temporary Assistance recipients are not participating satisfactorily when they:

1. Fail to engage actively in employment-related activities i.e.: job search, job readiness, etc.;
2. Fail or refuse to respond to two call-in notices;
3. Establish a pattern of failure to attend classes or to participate in other activities consistent with the Self-Sufficiency Pact;
4. Fail to appear for a job referral or job interview and the job is consistent with the Self-Sufficiency Pact;
5. Voluntarily leave an OJT assignment before expiration of the contract;
6. Refuse to accept employment, reduce their earnings, or voluntarily terminate their employment.

0295.010.00  Failure to Participate With Good Cause

When any of the above occur, determine if the participant has good cause for not participating. Prior to imposing any sanction for non-participation in a work activity staff must explore the reason for non-participation and if there was good cause for failure to participate.

Guidelines to consider when discussing good cause with participants are:

1. Employment results in the family of the participant experiencing a net loss of cash income. Net loss of cash income results if the family's gross income (less necessary work-related expenses and any non-reimbursable child care costs paid by the participant) is less than the cash assistance the individual was receiving when the offer of employment was made. Gross income includes, but is not limited to, earnings, unearned income, and cash assistance;
2. Court-required appearance or incarceration;
3. Emergency family crisis or sudden change of immediate family circumstances that renders participation unreasonable;
4. Breakdown in transportation arrangements with no readily accessible alternate means of transportation;
5. Breakdown in child care arrangements; availability of child care is not suited for the special needs of the child for whom it is intended; or child care necessary for participation is unavailable;
6. Lack of social or supportive services necessary for participation; or
7. Other good cause reasons, for example, inclement weather or personal illness.

Staff are not limited to these reasons; they are listed as examples. Staff are encouraged to use reasonable judgment when determining good cause. Sanctioning should be a last resort when all attempts to obtain cooperation have failed. During the ten (10) day conciliation period determine if the participant meets an exemption or temporary exclusion. Do not impose a sanction if a participant meets the criteria for an exemption or a temporary exclusion. Always allow the participant an opportunity to meet with the case manager's immediate supervisor if the case manager disagrees with the participant's good cause reason.

DO NOT sanction if good cause exists.