Child Care Subsidy Policy Manual

A-1 Provider Eligibility Requirements

1. Require the provider to complete the following registration process
   1. Complete the , W-9 Request for Taxpayer Identification Number and Certification Form ;
   2. Complete the appropriate provider registration form, DFS 203a/b; and
   3. Submit signed Authorization Release of Child or Disabled Adult of Child or Disabled Adult Central Registry and Wyoming Criminal History Record Information form (SS 26) for each adult household member initially and annually of enrolled date.
   4. Pre-service and annual orientation training
2. Submit an National Criminal History Check (Fingerprints) initially and every five (5) years for any one 18 years or older in the household; and
3. Take the following actions when any of the background checks return indicating that the individual is known to that system:
   1. Document the case file;
   2. Inactivate the provider on the JAS system;
   3. Send the DFS-206 to the provider to notify him/her of ineligibility for payment and options for disputing the report(s);
   4. Forward the results of a fingerprint check to the state office for final determination of eligibility for payment when the criminal history report is disputed by the provider, and
   5. Reactivate the provider if the DFS-SO reviews the criminal record and approves the provider for payment or the Central Registry record is removed
4. Acknowledge the provider has attested to being at least 18 years old or has met Wyoming emancipation law and has agreed to the following upon signing the DFS 203a/b:
   1. Meet the minimum health and safety standards; and
   2. Be licensed, when applicable; and
   3. Have procedures for handling complaints available for public viewing; and
   4. Permit parental access to the facility and their child during business hours; and
   5. Comply with federal, state or local laws as they pertain to operating a child care business; and
   6. Provide for a substitute provider who meets the definition of “substitute provider”; and
   7. Make the provider registration form, DFS 203a/b, available for public viewing upon request; and
   8. Receive a favorable Criminal History pre-screening and Child Abuse-Neglect Record Check; and
   9. Conduct business and be located in Wyoming; and
   10. Meet the requirements of the Americans With Disabilities Act by:
       1. Attempting to make reasonable accommodations to meet the needs of a child with disabilities; and
       2. Providing written policies for public viewing concerning the admission policies for children with special needs and nondiscrimination of persons with disabilities; and
       3. Understanding additional fees/charges may be assessed to DFS when the child has special needs and reasonable accommodations cause undue hardship; and
       4. Requiring the following criteria be met:
          1. The special needs of the child must be verified and specified by a medical professional; and
          2. The provider must submit proof from an appropriate professional of specialized education, experience and/or training to meet the special needs of the child; and
          3. Additional charges may not exceed $250 per month; and
          4. A DFS or contract supervisor must approve the payment.
   11. Maintain for a period of three years attendance records for each child and other services were provided in accordance with each authorization and make these records available to state and federal auditors upon request; and
   12. Submit verification to DFS within 90 days of the date payments began of current certification in infant/child CPR and first aid if the provider is legally exempt from licensing
5. DFS will not make payment if:
   1. The provider has committed fraud against DFS and the disqualification penalties have not been met; or
   2. The provider or any adult household member has a substantiated abuse or neglect case;
   3. The parent(s)/caretaker(s) has not completed the Provider Assessment Form, DFS 204.
6. Inform the provider and the client the registration process must be completed:
   1. During the 30 day application processing time for new applications; and
   2. During the ten day report of change period for ongoing child care cases when the client reports a change in providers.
7. Require child care licensing requirements to be completed prior to payments being made or authorizations (DAUC) written if the provider is not exempt from licensing requirements.

A-2 Provider Payment

1. Accept a completed DFS 201, Bill for Child Care Services.
2. Follow the recommended guidelines for issuing payments when payments are made from a DFS 201:
   1. Require the billing form to be reviewed for audit purposes before payment is authorized;
   2. Require assignment of who audits the billing form prior to payment of the authorization to be the decision of the DFS-FO manager or designee;
   3. Refer to the instructions for DFS 201 to determine if the form is properly completed;
   4. Authorize payment within 15 working days from the date a properly completed bill is received.
3. Make payment for child care services directly to the provider and not the parent based on:
   1. The provider’s usual rate schedule for private pay customers not to exceed the monthly maximum payment rate established by DFS using:
      1. A part day and/or full day rate when a licensed provider has daily, weekly or monthly rates.
   2. Do not exceed the rate the provider charges based on a family rate when more than one child receives care from the same provider;
   3. Make payment according to the authorization for each child;
   4. Do not exceed the actual costs billed, even if the authorization would allow more;
   5. Deduct payments made by or available from other sources prior to determining the DFS payment amount.
4. Allow payment only to providers who have a provisional or full license or have completed the registration process if the provider is exempt from licensing.
   1. Contact the DFS-SO Licensing Specialist to obtain written or verbal verification the provider is licensed or exempt from licensing;
   2. Providers exempt from licensing are:
      1. Relatives; or
      2. Grandparents caring for their own grandchildren and two unrelated children or children from one immediate family; or
      3. Caring for two or fewer children not related to them; or
      4. Caring for children in children's home; or
      5. Providing occasional or sporadic care; or
      6. Caring for children from one immediate family; or
      7. Other situations as specified in W.S. 14-4-102(b), as may be exempt.
   3. Document this in the case record.
5. Disallow payment to a provider when:
   1. The provider does not meet the provider eligibility requirements;
   2. Abuse/Neglect has been substantiated against the child day care provider, any household members or substitute providers who have access to the child(ren) placed in care:
      1. The decision to approve payment in the case of abuse or neglect will be made by the DFS district manager or designee in accordance with W.S. 14-3-213(c); and
      2. Provider case records must be documented Central Registry checks have been made.
   3. The provider has been denied/revoked licensing due to not meeting standards:
      1. Continue making payment when a revocation has occurred unless the license revocation is due to a substantiated child abuse/neglect situation;
      2. Cease payments when notified by letter from the Child Care Consultant to do so.
   4. The legally exempt provider has failed to submit verification of current certification in infant/child CPR and first aid within 90 days of the date the provider received payment for services;
   5. The provider is in violation of federal, state or local laws related to operating a child care business:
      1. Issue the appropriate JAS child care notice (see Tables) prior to terminating the payments;
      2. Issue payment to cover the last day the provider gave care, or the effective date of the notice, whichever is earlier.
   6. An outside provider is selected and the parent/caretaker is in the home and available to care for the child(ren):
      1. Payment to an outside provider is allowable in a stepparent or minor parent situation if the child(ren) will be at risk of neglect or abuse, as verified by CPS, if the stepparent or grandparent provides the care;
      2. The abuse or neglect must be substantiated.
6. Allow the center care payment rate for facilities established as child care centers exempt from licensing because of their status, to include:
   1. Centers located at the University of Wyoming;
   2. Wyoming community colleges; and
   3. The Wind River Reservation.
7. Disallow payment to more than six (6) providers within a Twelve (12) month period unless good cause has been established and document the good cause rationale in the case record.

A-3 Parental Choice

1. The client/recipient has the freedom of choice to select the child care provider within the following limitations:
   1. The client cannot change providers more than six times within a twelve month period unless there is good cause based on the following:
      1. The provider will no longer provide child care services; or
      2. The provider is required to be licensed but is no longer licensed; or
      3. The provider is ill and unable to care for the child(ren) temporarily; or
      4. Child's special needs are not being met; or
      5. Imminent danger to the child(ren) exists; or
      6. Other factors determined by the DFS-FO manager to be good cause.
   2. The selected child care provider must meet all the provider eligibility requirements;
   3. The client has the right to request and review the provider registration form, DFS 203a/b;
   4. Request the client to choose the child care provider:
      1. Assist the client in choosing a provider when requested, including referring the parent/caretaker to Child Care Finder for assistance in finding care;
      2. Refer the selected provider to the Regional Licensing Specialist when licensing is needed or when the Benefit Specialist or case manager is not sure if licensing is needed;
      3. Allow the client to choose someone other than the stepparent or grandparent in a minor parent situation if:
         1. The child is at-risk of abuse or neglect if the stepparent or grandparent provided care; and
         2. The allegation of abuse/neglect has been substantiated as verified by CPS.

A-4 Benefit Period

1. Assistance cannot begin before the provider registration process is completed and before the child care provider is licensed, when applicable.
2. New Child Care Applications:
   1. Require the appropriate provider registration form (DFS 203a/b) to be signed and returned during the 30 day child care application processing time (see Section 401); and
   2. Require the provider to submit a signed and dated Licensing Application Form (CCL-01) during the 30 day child care application processing time when the provider must be licensed.
      1. Understand licensing of a provider may take up to 60 days;
      2. Notify the client the application processing time will take longer than 30 days when the licensing process is not completed within the 30 day child care application processing time;
      3. Do not deny the application in 30 days for this situation.
3. Change of Provider for Ongoing Child Care Case:
   Require the appropriate provider registration form (DFS 203a/b) to be on file within the ten day report of change period for ongoing child care cases with a change in provider. (The auditor's office will not issue warrants to any person without a completed W-9, Vendor Management Form.
4. Begin the authorization with whichever is later:
   1. The date of application; or
   2. The date the approved activity (see Section 701) began; or
   3. The date the child first entered child care;
   4. The provider met the provider eligibility requirements:
      1. Use the date of the child care application if met during the 30 day child care application processing time (may exceed 30 days if licensing application is pending);
      2. Use the date the provider change occurred if reported and the provider registration process was completed during the ten day change of report period; or
      3. Use the date the provider completed the provider registration process if met after the 30 day child care application processing or ten day change of report period unless a 30 day extension has been granted for the provider to meet licensing requirements.

A-5 Reporting Changes

1. Provider Changed Her/His Rates - Use the following instructions to determine when the change becomes effective when the change is because the child care provider changed her/his rate charges.
   1. Enter the rate change on CHRA on the same date the new rate begins when the provider submitted the DFS 203a/b more than five working days prior to the effective date of the change.
      1. Entering the new rate before or after the effective date of the change may cause the authorization and/or payment to compute incorrectly;
      2. Assure the appropriate provider registration form, DFS 203a/b, is on file before changing the rate on CHRA.
   2. Enter the rate change on CHRA within five working days of the date the DFS 203a/b is received when it is not received at least five working days prior to the effective date of the change or when the DFS 203a/b is received after the effective date of the rate change.
2. Provider Changed His/Her Address - Use the following instructions to process the address change:
   1. Require the provider to indicate an address change on the DFS 201 or complete a W-9, Vendor Management Form and submit it to the DFS-FO;
   2. Require the provider to complete a new provider enrollment form (DFS 203a/b) to assure the provider continues to meet the registration and licensing requirements, if necessary;
   3. Enter the address change on DPRO within five working days;
   4. Forward the W-9 Vendor Management Form or screen prints of both the old DPRO screen and the new DPRO screen with a notation of the change to be made to the State Auditor’s office for a WOLFS update;
   5. Understand warrants will not be mailed to the new address until the WOLFS has been updated.
3. Ongoing Eligible Client Changes Provider
   1. Require the provider complete the Registration Process within the ten day report of change period for ongoing child care cases.
   2. Make payment back to the date the provider change occurred when the change was reported and the Registration Process was completed within the ten day reporting period.
   3. Make payment effective the date the registration process is completed if completed after the ten day reporting period.
   4. Make payment when licensing is needed back to the date the provider change occurred when the change was reported and the registration process is completed within the ten day reporting period. (Authorizations (DAUC) and payments cannot be issued until after the license is issued.)
   5. Make payment when licensing is needed effective the date the registration process is completed if completed after the ten day reporting period. (Authorizations (DAUC) and payments cannot be issued until after the license is issued.)

A-6 Reviews

1. Review the Provider Authorization History screen (DPRC) periodically to determine if the provider has current Authorizations.
2. Inactivate the provider on the DPRO screen of the JAS/Child Care Computer system using the following steps if there are no current Authorizations:
   1. Delete the provider type code;
   2. Type "Inactive" and the date on the first address line;
   3. Delete the Certification Date;
   4. Enter a "P" in the Exempt Space;
   5. Enter and "I" in the Enrolled space; and
   6. Press enter twice to get back to the DPRS screen;
   7. Look for a message at the top of the screen which states "Record Was Successfully Updated." This will help keep the provider list current.
3. Review the Provider Authorization History screen prior to writing authorizations for exempt providers to determine if licensing may be needed.

A-7 Terminations

1. Terminate the Authorization (DAUC) in the following situations: (Refer to the Day Care Conclusion Table on the computer system.)
   1. The provider no longer meets licensing standards;
   2. The provider no longer meets the minimum health and safety standards;
   3. The legally exempt provider has failed to submit verification of current certification in infant/child CPR and first aid;
   4. The provider committed fraud;
   5. The provider is disqualified due to IPV;
   6. The provider is in violation of a federal, state or local law;
   7. The child is no longer being cared for by that provider;
   8. The authorization is no longer applicable to the client's current situation;
   9. The provider, a household member or substitute provider who has access to the child(ren) has a substantiated abuse or neglect case and good cause cannot be shown.
2. Assure the appropriate JAS child care notice of adverse action is issued prior to terminating the case.

A-8 Over-payment Recovery

Use and follow the procedures as outlined in the Over-payment Recovery, Section 2000.

E-1 POWER Work Program/DWS

1. Mandatory DWS Registration
   1. Refer to Section 717 for information concerning the DWS referral process;
   2. The mandatory job seeker will register for work at DWS and will follow up on job leads.
2. Failure to Register - Failure of the job seeker to comply with the DWS registration requirements or to follow-up with job leads will result in denial or nonpayment of the POWER performance payment.

E-2 POWER Work Program/Reference

1. Refer to Section 700 for procedures performed by the Benefit Specialist at the time of application, reapplication or when a status change occurs:
   1. POWER Performance Requirements;
   2. POWER Exempt Individuals;
   3. POWER Mandatory Individuals;
   4. DWS Referral;
   5. DWS Work Referral;
   6. EPICS Coding;
   7. Review of Exempt/Target Group Status ;
   8. Good Cause for Failure to Comply.
2. Refer to Attachment C for procedures for the Court Ordered Child Support Obligor.
3. Refer to Section 403 for Confidentiality/Safeguarding Information.
4. Refer to the Memorandum of Understanding between the Department of Workforce Services and the Department of Family Services dated July 18, 2002 for information regarding exchange of client information.
5. Refer to Section 200 for Definitions.

E-3 POWER Work Program Requirements

1. Philosophy - The philosophy of the POWER program is 100% of program participants should be working on a plan to achieve self-sufficiency and self-responsibility. This can be accomplished through a combination of employment, child support and other appropriate assets.
2. Purpose - The POWER Work Program has the responsibility for assuring the POWER program meets the purposes and goals established in federal and state laws and regulations.
   1. Federal Purpose (P.L. 104-193 and 45 CFR 260.20). The purpose of the Temporary Assistance to Needy Families Block Grant (TANF) is to:
      1. Provide assistance to needy families so children may be cared for in their own home or in the homes of relatives;
      2. End the dependence of needy parents on government benefits by promoting job preparation, work and marriage;
      3. Prevent and reduce the incidence of out-of-wedlock pregnancies and establish annual numerical goals for preventing and reducing the incidence of these pregnancies; and
      4. Encourage the formation and maintenance of two-parent families.
   2. State Purpose. (Wyoming State Plan). The purpose of the POWER program is to provide temporary assistance in the development of responsible, productive and self-sufficient individuals in Wyoming
3. Goals
   1. Federal Goals
      1. The federal regulations require the development of an individual responsibility plan, which leads to unsubsidized employment.
      2. Participation standards were established to determine the effectiveness of the POWER Work Program. Failure to meet the federal standard will result in a financial penalty.
      3. Set up the participation hours to reflect urgency and to meet the federal participation requirements as follows: INSERT TABLE
      4. The federal participation rates for "all" assistance units are as follows for each federal fiscal year: 2000 40%; 2001 45%; 2002 or thereafter 50%
      5. The federal participation rate for two-parent assistance units is 90% for each federal fiscal year beginning with 1999 and thereafter.
      6. No more than 30% of the POWER "all" and "two-parent" assistance units can be countable in vocational training. The teen parent in approved high school or GED activities will also be included in this limitation.
      7. A single parent with a child under the age of six is deemed to be meeting the work participation requirements if the parent is engaged in a countable work activity for at least 20 hours per week.
   2. Wyoming’s Goals
      1. To promote and support individual and family responsibility through the belief parents, not government should be responsible for themselves and their children.
      2. To provide information and services within the program limits and restrictions which allow the parent(s) or caretaker(s) to make informed and responsible decisions concerning the family’s progress toward self- sufficiency.
4. Work Program Selection Process
   1. See all referrals who have an appointment form.
   2. Schedule the initial meeting with mandatory job seekers and court ordered child support obligors within the time frame identified on the appointment form (DFS 501) or court order.
   3. Provide written notification to the Benefit Specialist or court when the job seeker does not contact the work program action center within the established time frame.
5. IRP Development - Initial Meeting
   1. Explain the following at the initial meeting:
      1. The philosophy and goals of POWER including the expectation each job seeker will move into employment;
      2. The POWER work program performance requirements, including responsibilities of the agency and job-seeker;
      3. The penalties for noncompliance, including the requirement for a full period of participation (15th of one month through the 14th of the following month) for any penalty to be overcome;
      4. The responsibility of the parent for assuring primary and back-up child care and transportation arrangements have been made,
      5. The requirement the parent’s job is to get a job so 40 hours of participation per week will be expected, and
      6. The Child Care program availability and requirements. Refer the job seeker to Resource and Referall Specialist to obtain a list of licensed child care providers and information concerning selecting quality childcare as appropriate.
   2. An IRP will be developed and implemented at the initial meeting. The individual will be expected to begin meeting the performance requirements within two working days.
6. Minimal Assessment
   1. Complete a minimal assessment to determine if the new job seeker is required to do full-time applicant or recipient job search.
   2. All new job seekers are required to do full-time applicant or recipient job search except for the following:
      1. A job seeker may be required to undergo appropriate substance abuse treatment.
      2. A job seeker who is incapacitated or caring full-time for an incapacitated immediate family member residing in the job seeker’s home, will be required to follow the treatment plan of the medical professional.
      3. A job seeker who is assessed under the incapacity sections in H. and I. will be expected to meet the specific requirements identified in these sections.
      4. A job seeker who is fleeing because of being battered or subjected to extreme cruelty because of domestic violence will be required to follow a plan to overcome the problem.
      5. A job seeker who is assessed under the domestic violence section in J. will be evaluated for a waiver and will be expected to meet the requirements identified in this section.
      6. A job seeker who is approved for the teen parent educational activities will be required to meet the high school or GED educational work activity requirements.
      7. A job seeker who is approved for the full-time vocational training activities will be expected to meet the vocational training requirements.
   3. Determine if the job seeker meets any of the following criteria and enter the appropriate code on JAAS only when the job seeker meets one or more of the following hard-to-serve criteria.
      1. Primary hard-to-serve criteria. Enter the code, which best represents the job seeker’s major hard-to-serve reason. The job seeker has:
         1. (BL) Twelve or fewer months of benefits left in the POWER program;
         2. (JX) Failed to obtain or retain employment after receiving job search, job readiness and/or job retention skills training;
         3. (EX) Not been successfully employed after having received traditional classroom structured education and training;
         4. (PI) A physical incapacity, which might preclude the individual from continuing her/his former line, or related lines, of employment;
         5. (MI) A mental incapacity which cannot be controlled by medication or other treatment;
         6. (SI) A lack of social, work environment and life skills;
         7. (LD) A mental or learning disability which limits the job seeker’s ability to learn new skills;
         8. (SA) Substance abuse problems which result in absenteeism and other employment related disfunctions; and/or
         9. (SS) Received a denial of SSI benefits because of changes in the SSI regulations and not because of an improvement in the SSI- related medical condition.
      2. Secondary hard-to-serve criteria. Identify as many of the criteria under a., which are applicable and enter the code(s) on JAAS. Do not repeat the primary code in this section.
      3. Welfare-to-work hard-to-serve criteria. Select and enter on JAAS any criteria, which are applicable from the list below, if the job seeker has:
         1. (SA) Substance abuse problems, which result in absenteeism and other employment related disfunctions;
         2. (EA) No high school diploma or GED certificate and a low literacy level;
         3. (WA) A poor work history; and/or
         4. (30) Received 30 or more months of POWER, AFDC, Tribal TANF or cash assistance in Wyoming or in another state or U.S. territory.
   4. Determine the highest education level completed and enter the appropriate number from the codes below on the JAAS screen:
      1. (01 – 11) First through Eleventh Grade;
      2. (12) High School Diploma obtained;
      3. (13) GED obtained;
      4. (14) Vocational/Job Skills Training completed;
      5. (15) One year of post-secondary education completed;
      6. (16) Two years of post-secondary education completed;
      7. (17) Three years of post-secondary education completed;
      8. (18) Four years of post-secondary education completed;
      9. (19) Associates degree obtained;
      10. (20) Bachelors degree obtained;
      11. (21) Masters Degree or higher degree obtained;
      12. (22) Other.
   5. Gather employment-related information about the job seeker using the assessment form (DFS 561, pages 1 and 2) and the face-to-face interview.
   6. Maintain a completed assessment form in the case record.
   7. Summarize the assessment in the case record.
7. Assessment Action - Regular
   1. Complete a regular assessment by the end of the fourth week of participation for job seekers who have not obtained full-time employment.
   2. Assure the assessment information and IRP provides progress toward private sector employment if the job seeker is employable, or toward accessing assets such as SSI or DVR if the job seeker is not employable.
   3. Assure the IRP will increase the responsibility and amount of employment the job seeker is to handle over time.
   4. Recognize the primary source of employability information will be the job seeker.
   5. Include the following job readiness assessment in writing in the case record:
      1. The approved employment goal and the target date for obtaining employment;
      2. A summary of the job seeker's employability strengths and transferable skills;
      3. A summary of the job seeker's challenges to employment and the choices the job seeker makes to alleviate her/his challenges in obtaining her/his employment goal;
      4. A summary of the determination concerning a referral for testing or referral to DVR, WIA or other community assets for evaluations;
      5. A summary of the evaluations, test results or staffings/consultations; and
      6. An analysis of the information in a., b., c., d. and e., and the rationale for why the job seeker was assessed as job-ready or not job-ready. The analysis shall include:
         1. How this information was used to determine the appropriateness of the job seeker's employment goal, work activities, hours of participation and steps and responsibilities.
         2. A labor market assessment (DFS 565) which has been researched and completed by the job seeker who has questionable employment goals or who is requesting to be placed in a vocational training work activity.
         3. A determination concerning urgency.
   6. Review and adjust the assessment and analysis information at least quarterly if the job seeker is not employed full-time.
8. Assessment Action - Incapacity
   1. Understand the mandatory applicant/recipient who alleges/claims an incapacity or caring for an incapacitated immediate family member will be referred using the DFS 501 and the incapacity will be identified with the appropriate target code on WORW.
   2. Have a Statement of Incapacity form (DFS 110) or a medical statement completed by a medical professional or mental health professional.
   3. Accept the DFS 110 and determine if the incapacity is temporary, long-term or total and/or permanent:
      1. Do the following in a temporary incapacity situation:
         1. Set up the work program case and IRP. The IRP must recognize the limitations of the medical problem and support the prescribed treatment of the medical or mental health professional.
         2. Assess to determine if the job seeker is able to participate in job seeking, job retention, life skills or job skills training.
         3. Update the IRP when the job seeker has recovered from the incapacity sufficiently to be making at least minimal effort to become employed or request a new DFS 110 if the job seeker indicates s/he is not recovered sufficiently to begin work activities.
         4. Use postpone status temporarily if the assessment information is incomplete and the appropriate steps toward self-sufficiency cannot be determined.
      2. Do the following in a long-term incapacity situation:
         1. With DVR participation:
            1. Consider referral of the long-term incapacity case to DVR who, if the case is accepted, will have primary case management responsibility.
            2. Accept the employability plan developed by the DVR counselor and code the DVR activities as work experience (DV) on EMDP.
            3. Resolve differences in requirements or expectations with the DVR counselor.
            4. Understand the DVR counselor will be responsible for monitoring and reporting noncompliance to the CM.
            5. Ensure the IRP progress is reviewed at least every three months by staffing the case with the DVR counselor.
            6. Notify the Benefit Specialist when the incapacitated job seeker is in noncompliance with the DVR employability plan.
         2. Without DVR participation:
            1. Set up the work program case and IRP recognizing the limitations of the medical problem and supporting the prescribed treatment of the medical or mental health professional
            2. Require the job seeker to access any community resources available for evaluation.
            3. Place the job seeker in the job readiness, work experience or other appropriate work activity on EMDP. The job seeker’s plan will include following the treatment plan of the medical professional/mental health professional, obtaining any appropriate life skills training or other appropriate steps leading to self-sufficiency.
            4. Use postpone status temporarily if the assessment information is incomplete and the appropriate steps toward self-sufficiency cannot be determined.
      3. Do the following in a total and/or permanent incapacity situation:
         1. Set up the work program case and IRP recognizing the limitations of the medical problem and supporting the prescribed treatment of the medical professional/mental health professional.
         2. Require the job seeker to apply for SSI after reviewing the DFS 110 and recommendation by the DVR counselor, as appropriate.
         3. Require the job seeker to follow through with all application requirements and appeals necessary to obtain approval for SSI.
         4. Include the job seeker’s steps toward self-sufficiency as part of the IRP:
            1. Place the individual in job readiness or another appropriate work activity on EMDP.
            2. Use postpone status temporarily if the assessment information is incomplete and the appropriate steps toward self-sufficiency cannot be determined.
         5. For the five-year benefit limit purposes, consider the job seeker totally and/or permanently disabled or incapacitated because s/he has a physical or mental impairment to the extent it prevents her/him from achieving:
            1. Independent living;
            2. Full-time employment; or
            3. Participation in job training programs that would reasonably lead to independent living or monetary self-sufficiency.
9. Assessment Action - Caring for an Incapacitated Immediate Family Member
   1. Have a Statement of Incapacity form (DFS 110) or a medical statement completed by a medical professional or mental health professional.
   2. Include in the IRP the steps the job seeker will need to go through to move toward self- sufficiency after reviewing the DFS 110 form or other statements by a medical professional and recommendation by the DVR counselor, as appropriate:
      1. Place the job seeker in the job readiness, work experience or other appropriate work activity on EMDP. The job seeker’s plan will include helping the family member to follow the treatment plan of the medical professional/mental health professional, obtaining any appropriate life skills training, assisting the family member in following through with an SSI application or other appropriate steps leading to self-sufficiency.
      2. Use postpone status temporarily if the assessment information is incomplete and the appropriate steps toward self-sufficiency cannot be determined.
   3. Require the job seeker to be a caretaker who stays home to provide care full- time for a totally disabled or incapacitated immediate family member.
   4. Assure the family member is residing with the caretaker because there is no other reasonable alternative.
10. Assessment Action - Domestic Violence
    1. 1. Assure that participation in the work program will not endanger the job seeker or his/her child(ren).
       2. If the family is not in danger:
          1. Require the job seeker to comply with the full-time applicant or recipient job search if appropriate.
          2. Assure the employability planning increases the responsibility and the amount of employment the job seeker is to handle over time
       3. If the family is in danger:
          1. Require verification from law enforcement and/or the domestic violence agency indicating the job seeker:
             1. Is fleeing for personal safety or for the safety of her/his child(ren); or
             2. Has been victimized by being battered or subjected to extreme cruelty because of domestic violence; or
             3. Is at risk in the future of being battered or
                subjected to extreme cruelty because of domestic violence.
          2. Set up the work program case and IRP recognizing the limitations imposed by the situation, such as developing work experience opportunities that will continue the job seeker on the road to self- sufficiency.
          3. Require the job seeker to be working with the domestic violence agency, DFS social services and/or a licensed counselor to correct the circumstances that have contributed to the domestic violence.
11. Employment Goal, Target Date and Participation Hours
    1. Develop an IRP jointly with the job seeker at the initial and subsequent meetings. The IRP must:
       1. Reflect urgency;
       2. Include a target date; and
       3. Be realistic. To be realistic, the employment goal must correspond to the job seeker's skills/strengths and the realities of the labor market.
    2. Explore and investigate the options available to the job seeker to resolve the job seeker's challenges to employment.
    3. Identify and mitigate artificial barriers to employment. Artificial barriers to employment might include delaying parental responsibility until a job seeker graduates, or until a job seeker fully recovers from surgery, or until a job seeker completes the SSI or DVR process.
    4. Set up the participation hours to reflect urgency and to meet the federal participation requirements.
    5. Begin with 40 hours of participation (such as a combination of employment and work experience work activities) as the requirement for every job seeker and document in the case record why this is not feasible if 40 hours cannot be obtained.
    6. Class/Lab Hours:
       1. Job seekers in approved vocational or job skills training will be considered to be participating only during the hours when in a class, including lab time if listed on the job seeker's class schedule, but not for hours during study periods or breaks between classes.
       2. Study time and other out-of-class preparation time will not count as these activities can occur outside the 40-hour performance period.
    7. School vacations and summer breaks:
       1. Job seekers will not be considered to be participating in an educational or training activity unless enrolled full-time during summer break.
       2. Job seekers will be required to participate in job search or another countable work activity.
       3. Job seekers in all educational/training activities will be considered to be participating during shorter, scheduled school breaks.
    8. Do not include time spent commuting to or from the assignment or to or from childcare in the countable hours for participation.
    9. Do not allow home schooling as a work activity for either the "teacher" or the minor parent.
       1. Home schooling will be countable for the mandatory child if s/he is in a full-time program approved by the local school district; and
       2. The child’s progress toward a high school diploma or equivalent is documented each midterm and end of term.
    10. Compute self-employment hours by dividing the gross income by the minimum wage.
    11. Expect each job seeker to be actively performing during the hours established in the IRP (see Good Cause).
    12. Inform the Benefit Specialist immediately when the mandatory job seeker has failed to comply with the POWER work program requirements.
12. Setting the IRP On JAS - Develop the IRP jointly with the job seeker recognizing the IRP will be a document that flows and changes as a job seeker passes through the program toward the employment goal and self-sufficiency.
    1. Access the PASS screen to review the WORW codes and to verify the caseload assignment.
    2. Access the JAAS screen to complete the assessment information including education level and to enter the work activity code in the step field.
    3. Enter the appropriate hard-to-serve and welfare to work codes on JAAS.
    4. Enter the original assessment date on JAAS when the base assessment is complete.
    5. Determine steps and time frames the job seeker will need to follow to meet the employment goal. Enter the individualized and specific steps (BATE Objective Code) on BATE.
    6. Determine responsibilities of the job seeker and agency and time frames for accomplishing the goal of employment (BATE Objective Code) and enter the information on BATE.
    7. Determine the target date for employment, employment-directed work activities and timelines for completion of the work activities and enter the information on EMDP.
    8. Assure the IRP is signed and dated by the job seeker and CM before the work activities are scheduled to start. A copy of the IRP is maintained in the case record and the job seeker gets a copy.
13. Monitoring
    1. Monitor progress on a daily, weekly or performance period basis to assure urgency and parental responsibility.
    2. Monitor the job seeker’s:
       1. Compliance with the steps and responsibilities listed on the IRP.
       2. Good and satisfactory progress toward the employment goal including progress toward completion of the steps and responsibilities identified on the IRP.
       3. Skills and strengths and how they are being used to progress toward alleviating her/his personal and family's challenges to employment.
    3. Enter the good and satisfactory review date and findings on EMDP.
    4. Enter the current unsubsidized employment information on the WKHI screen and ensure consistency between the work activities on EMDP and the WKHI screen.
       1. The “general purpose” code to enter in the DOT code space on WKHI is 100;
       2. Enter the specific type of occupation on the “JOB TYPE” space on WKHI.
    5. Advise the Benefit Specialist when the job seeker becomes employed or changes employment.
    6. Update the BATE, EMDP and WKHI screens as appropriate and understand no unexplained breaks between scheduled work activities and IRP’s should exist.
    7. Summarize monitoring findings in the case record.
    8. Maintain job search contacts, educational and training information, DVR plans and other applicable documents in the case record.
    9. Report noncompliance immediately, but no later than the 15th or the first working day after the 14th, in writing to the Benefit Specialist and include the specific noncompliance reason(s) and the performance period, which is affected.
    10. Send the appropriate JAS notice of adverse action.
14. Work Activities - Assignment - The work activity assignment must:
    1. Be consistent with policy requirements and limitations;
    2. Lead to unsubsidized employment or self-sufficiency through accessing other resources; and
    3. Meet the federal participation requirements. Narrate a rationale for assigning the job seeker to activities, which will not meet the criteria if the participation requirements cannot be met. (See C. for participation rate requirements)
15. Work Activities - Countable - The following work activities are counted in the participation rate calculation:
    1. Job Search (Coded as CJ on EMDP with excused absence coded as EJ on EMDP and holidays coded as HJ on EMDP) and job readiness (coded as CR on EMDP with excused absence coded as ER on EMDP and holidays coded as HR on EMDP):
       1. Job search work activities include:
          1. Developing job-seeking skills;
          2. Receiving information and counseling concerning job availability and job search;
          3. Participating in job club;
          4. Completing job applications;
          5. Setting up and participating in job interviews;
          6. Developing job retention skills; and
          7. Accepting employment.
       2. Job readiness activities help job seekers:
          1. prepare for work;
          2. retain work;
          3. become familiar with general workplace expectations;
          4. exhibit work behavior and attitudes necessary to compete successfully in the labor market;
          5. otherwise prepare for self-sufficiency.
       3. Job retention skills must be included and coded as part of either job search or job readiness activities. Job retention skills will help prepare job seekers for long term work retention including:
          1. upward mobility;
          2. budgeting;
          3. goal setting;
          4. life-long learning;
          5. decision making;
          6. utilizing the Child Care and Family Care medical programs as steps in progressing toward self-sufficiency after the POWER case is closed.
       4. Job search and job readiness activities are countable for the participation rate for a total of six weeks per federal fiscal year for both activities.
          1. The six weeks cannot be continuous; and
          2. No more than four consecutive weeks in a federal fiscal year will count.
          3. A regular assessment must be completed by the end of the fourth week of unsuccessful job search.
          4. Job search scheduled for four days in a week can only count once in a fiscal year as a full week of participation.
          5. Once the six weeks have been used, the job seeker can be assigned to non-countable job search or job readiness (Coded NJ or NR) in combination with a countable activity or activities.
       5. The following job seekers must be assigned to job search activities.
          1. Mandatory applicants or job seekers who are no longer exempt unless assessed as not job ready.
          2. Job seekers who have recovered from a temporary or long-term incapacity.
          3. Job seekers who are close to completing or have completed an educational or training work activity.
       6. Specify job search and job readiness responsibilities on the IRP and monitor the job search compliance at least every performance period.
       7. Determine if the required hours of job search were met by counting the actual time spent in following actions:
          1. A face-to-face contact with a potential employer interviewing;
          2. Completing and leaving an application form; and
          3. A telephone contact. Note: Travel time between interviews as part of job search and job readiness assistance may be counted, but not the travel time to the first job search interview or the time spent returning home after the last one.
       8. The job search and job readiness activities may be allowable, but not countable toward the participation rate, when the federal limit has been exhausted. (see Q.)
    2. Employment:
       1. Unsubsidized employment. (UE)
          1. Unsubsidized employment must be recorded on WKHI;
          2. The UE code is appropriate for individuals who are job attached and on a leave of absence;
          3. The job attachment must be documented by a statement from the employer and must be verified again each month.
       2. Subsidized employment is employment for which the wages are financed from public funds, including on-the-job training through DVR.
          1. WIA on-the-job training must be coded under on-the-job training (JT);
          2. Subsidized employment is not recorded on WKHI but is coded on EMDP as follows:
             1. Subsidized private sector employment. (SE)
             2. Subsidized public sector employment. (SP)
       3. Full-time employment is 35 or more clock hours per week with earnings equivalent to the federal minimum wage.
       4. Part-time employment is less than 35 clock hours per week, or employment of more than 35 hours per week with earnings less than the federal minimum wage.
       5. Self-employment hours are determined by dividing the gross income by the minimum wage.
       6. Work-study is not subsidized employment and should be coded under work experience.
    3. Work experience: Work Experience (Coded as WX on EMDP with excused absence coded as EW on EMDP and holidays coded as HW on EMDP) Work Activities - Non Countable - Incapacitated Individuals without DVR participation who are following through with all application requirements and appeals necessary to obtain approval for SSI, should be placed on a work experience IRP (coded as IS on EMDP with excused absences coded as EI on EMDP and holidays coded as HI) on EMDP. Caring for an Incapacitated Immediate Family Member  - The job seeker caring for an incapacitated family member (Coded as FS on EMDP with excused absences coded as EF on EMDP and holidays coded as HF on EMDP).
       1. Work experience is unsalaried job training provided by a private business, a nonprofit organization or public agency at a clearly defined, supervised site. Work experience is not reported on WKHI.
       2. Work experience must afford the participant the opportunity to develop basic work habits, practice skills, acquire on-the-job experience and demonstrate skills to a prospective employer.
       3. The training must include skills, which are transferable to the work place.
       4. Consider work experience activities to be appropriate only when identified through the assessment process. The assessment must show the job seeker needs work experience to progress toward the goal of employment or self-sufficiency.
       5. Justify the work experience activity is the appropriate assignment in the case record.
       6. Types of work experience activities include:
          1. Training by an employer in job skills for a specific job. (WX)
          2. Training by the CM in skills which are transferable to the work place for job seekers who are assessed as not job ready because of an incapacity, caring for an incapacitated immediate family member, or fleeing because of domestic violence. (WX)
          3. Work-study only when the work experience agreement is in place. (WX)
          4. Training as a DVR client. (DV)
       7. The following must occur for a job seeker to be placed in the work experience work activity (WX).
          1. Assure a release of confidential information is signed by the job seeker.
          2. Develop work experience opportunities with private businesses, nonprofit corporations and public agencies.
          3. Enter into a Work Experience Agreement (DFS 564a) with the provider of the work experience, which sets forth the following factors:
             1. Skill areas in which the job seeker will be trained and the plan for the training.
             2. Assure the job seeker will:
                1. not be discriminated against nor exploited.
                2. be provided with adequate supervision.
                3. not supplant a person who would have been paid by the employer to do the same job.
                4. not be involved in work, which is hazardous to the job seeker's health and safety.
             3. Assure the trainer will:
                1. adhere to the agency's rules and regulations concerning reporting requirements, hours, and period of participation.
                2. agree the agency will be responsible for assessing the need for providing work activities expenditures, counseling, monitoring, etc., as appropriate.
                3. guarantee the work activity will not interfere with or prevent the job seeker from seeking employment. Seeking and accepting employment must have priority over work experience activities in the job seeker’s IRP.
             4. The trainer and agency have a right to terminate the agreement if:
                1. either party does not comply with any portion of the agreement; or
                2. the job seeker’s responsibilities are not met; or
                3. the job seeker’s POWER performance payments are discontinued.
          4. Assure the Work Experience Agreement (DFS 564a) is signed and dated.
          5. Limit the initial placement to 90 days with a reassessment prior to the end of the 90-day period.
          6. Consider work experience to always be a short-term training activity. Extensions are limited to up to one year with the agreements renegotiated every 90 days or less.
          7. Do not report work experience on WKHI.
          8. Allow the job seeker up to five working days to arrange a work experience site while assigned to the WX code on EMDP.
          9. Require a signed work experience agreement to be in place by the end of the fifth day for the job seeker to continue in the work experience activity.
          10. Require Workers’ Compensation coverage only if training is provided by the Case Manager or other government agency in job skills for a specific job.
       8. The following must occur when a job seeker is assigned to the DVR work experience activity (Coded as DV on EMPD with excused absence coded as EX on EMDP and holidays coded as HX on EMDP):
          1. Assure a release of confidential information is signed by the job seeker.
          2. Consider the DVR Individualized Plan for Employment (IPE) to be the work experience agreement.
          3. Verify the job seeker is working with DVR and is either in the application/assessment or trial work experience phase if an IPE has not yet been developed.
          4. Use the DV activity code for 40 hours on EMDP when there is an active IPE or verification has been obtained.
          5. Support the DVR plan on the IRP and include any other performance responsibilities for the job seeker.
          6. Review and monitor the job seeker’s progress toward employment or self-sufficiency at least every three months by staffing the case with the DVR counselor.
          7. DO NOT report DVR work experience on WKHI.
    4. On-the-job training (Coded as JT on EMPD with excused absence coded as EO on EMDP and holidays coded as HO on EMDP):
       1. On-the job training (OJT) is a subsidized training experience offered through WIA.
       2. Consider the objectives of OJT to be to provide job seekers in the work situation an opportunity for:
          1. Structured skill training;
          2. Improvement of present skill level through close supervision;
          3. Experience in the work place to bring skills to a level that would be competitive in the labor market; and/or
          4. Improvement of her/his marginal employability potential through more substantial supervision and direction than would be afforded normally in an unsubsidized work situation.
       3. Consider OJT to be appropriate only when identified through the assessment process. The assessment must show the job seeker needs OJT work experience to progress toward the goal of employment or self-sufficiency.
       4. Justify the OJT is the appropriate assignment in the case record.
       5. Complete an IRP and release of confidential information form.
       6. Place the job seeker in an OJT work activity only after s/he has completed the application process and has been approved for WIA.
       7. Staff the job seeker's OJT request with the WIA CM prior to referring the job seeker to WIA and assess the job seeker for another work activity if the WIA CM indicates the job seeker is not appropriate for OJT.
       8. Realize it is the responsibility of the WIA CM to approve job seekers for the OJT work activity and to develop and approve OJT sites.
       9. Coordinate services with the WIA CM including monitoring participation and progress.
       10. Authorize essential work activities expenditures.
       11. Record the findings on EMDP and document the findings in the case record.
       12. Staff with the WIA CM to determine the appropriateness of the current IRP, to update the IRP and to assign the job seeker to other POWER work activities or WIA activities as appropriate.
       13. Advise the Benefit Specialist the job seeker will receive OJT income.
       14. Do not report OJT on WKHI.
    5. High school or GED for the teen parent only (Coded as GH on EMPD with excused absence coded as EG on EMDP and holidays coded as HG on EMDP): (In federal fiscal year 2000, the number of teen parents in high school or GED will be included in the 30% limit with those job seekers in short term vocation training)
       1. The teen parent under age 18 must maintain satisfactory school attendance. Failure to maintain school attendance results in noncompliance with POWER. Report noncompliance immediately to the Benefit Specialist as school attendance is an eligibility requirement for this group.
       2. The teen parent, ages 18 and 19, can continue in the countable high school/GED work activity if s/he:
          1. has maintained continuous enrollment in high school or GED; and
          2. has at least a "C" grade point average; and
          3. will complete the requirements within six months or will be graduating with her/his graduation class.
       3. The teen parent, ages 18 and 19, who has NOT met all of the criteria in b., must be placed in employment directed activities that meet the participation rate requirements.
       4. The teen parent, ages 18 and 19, who maintains employment for the minimum number of hours to satisfy the participation rate (see c.), may also be placed in countable high school/GED (coded GH) if s/he maintains:
          1. continuous enrollment; and
          2. at least a "C" grade point average.
    6. Short-term vocational training (Coded as VO on EMPD with excused absence coded as EV on EMDP and holidays coded as HV on EMDP): Vocational education training is training directly related to the preparation of individuals for employment in a nonprofessional career or to upgrade skills for a nonprofessional career. The number of participants in vocational training is limited to 30% of the caseload of the families counted toward the work participation rate. (In federal fiscal year 2000, the teen parents in high school or GED will be included in the 30% limit)
       1. The vocational training program must be directly related to the preparation of individuals for employment in a nonprofessional career or to upgrade skills for a nonprofessional career.
       2. Consider vocational training to be appropriate only when identified through the assessment process. The assessment process must show the job seeker needs vocational training to progress toward the goal of employment or self-sufficiency.
       3. Justify the vocational training activity is the appropriate assignment in the case record.
       4. Vocational training is only appropriate if it is the first training program for the job seeker unless the job seeker is upgrading skills to obtain or maintain certification or employment.
       5. The training must be targeted at a specific job with assurance the job seeker will have a job.
          1. Require the job seeker to complete the labor market assessment (DFS 565).
          2. The labor market assessment must show the job seeker understands the job requirements and has done research to determine if jobs are available in the training area.
          3. The job seeker must agree to relocate if jobs are not readily available in the area.
       6. The job seeker must maintain full-time enrollment and a "C" grade average.
       7. The program must be completed within 12 months.
       8. If the program will take more than 12 months to complete and is necessary for the job seeker to obtain employment, the CM will refer the job seeker to the Benefit Specialist for consideration as a POWER-SASFA student.
       9. Approve job seekers, who were previously eligible for POWER-SASFA and consequently determined ineligible, for short-term vocational training only if the job seeker has shown an inability to obtain and maintain employment prior to being approved.
16. Work Activities - Sometimes Countable
    1. Count work activities in this section only after the job seeker has met:
       1. 20 hours in a countable work activity (for single parent assistance units);
       2. the required 30 hours in a countable work activity (for 2-parent assistance units);
       3. the required 50 hours in a countable work activity (for 2-parent assistance units receiving childcare).
    2. Work activities, which count under this section, are:
       1. High school and GED for adults (GH).
       2. Job skills training (Coded as JS on EMPD with excused absence coded as ET on EMDP and holidays coded as HT on EMDP): Job skills training is short-term skill training activities designed to increase the skills of an employee. The training is available in the community and occurs outside the regular work hours. (Not the same as vocational training)
    3. Consider the educational or training program to be appropriate only when identified through the assessment process. The assessment must show the education or training program is essential for the job seeker to obtain, maintain or increase employment.
    4. Justify the education or training program activity is the appropriate assignment in the case record.
17. Work Activities - Allowable, But Not Countable
    1. Non-countable job search (Coded as NJ on EMDP) and non-countable job readiness (coded as NR on EMDP). Mandate additional job search, job readiness and job retention activities only if the job seeker is also meeting the required hours of countable work activity.
    2. Non-countable high school (Coded as NH on EMDP) and non-countable GED (Coded as NG on EMDP) Place the following restrictions on the non-countable high school (NH) and non- countable GED (NG) work activities:
       1. Teenagers ages 16-17 (excluding teen parents):
          1. Require any teenager age 16 or 17 who has not successfully completed a high school education or its equivalent to be mandatory for school enrollment and attendance and to complete the education work activity within the time frame established for her/his graduation class, or
          2. Require the teenager to participate in work experience or employment when s/he is no longer maintaining satisfactory performance in the educational activity.
          3. Teenagers must participate in work experience or employment during summer breaks.
       2. Other job seekers over the age of 18: Place other job seekers over the age of 18 first in employment-directed work activities:
          1. The non-countable educational work activity may be approved after the job seeker has demonstrated an inability to obtain employment or to upgrade employment;
          2. The job seeker must complete the education work activity within a six month time frame; and
          3. The job seeker must be in another work activity that is countable and which meets the minimum countable hours.
    3. Realize non-countable job skills training (NT) is also available, but not countable, and:
       1. Must be short-term skill training activities available in the community outside the regular work hours, which are designed to increase the skills of an employee. (Not the same as vocational training)
       2. Consider the training program to be appropriate only when identified through the assessment process. The assessment must show the education or training program is essential for the job seeker to obtain, maintain or increase employment.
       3. Justify the education or training program activity is the appropriate assignment in the case record.
    4. Wyoming has approval to allow Post-secondary Education/Long-term Vocational Training (ST) as a non-countable work activity.
       1. Allow the post-secondary education/long-term vocational training work activity only when:
          1. the POWER-SASFA student has been transferred to the Work Program, and
          2. the student is in her/his last semester of education and requires less than 12 semester hours to graduate, and
          3. the student is meeting the participation rate requirements by being assigned to job search or another employment directed activity in addition to the post- secondary education/long term vocational training activity.
    5. Postpone - Postpone may only be used:
       1. For brief periods when assessment information is incomplete and the appropriate steps toward self-sufficiency cannot be determined.
       2. When the CM has exhausted all services available to the job seeker and no other activities are reasonable.
18. Work Activities - Allowable/Countable work activity summary - Use the following chart, which summarizes when the allowable work activities count: INSERT TABLE
19. Case Records
    1. Include the following in the case record:
       1. summaries of collateral and job seeker contacts,
       2. assessment,
       3. rationale for IRP and work activity decisions,
       4. monitoring findings and progress information,
       5. noncompliance reasons,
       6. expenditure decisions,
       7. administrative hearing situations,
       8. staffings, and
       9. other pertinent information.
    2. A case record will:
       1. Allow another CM to manage the case when the primary CM is absent,
       2. Document:
          1. When the event or action occurred,
          2. Who was involved,
          3. What was said, decided, agreed to, reported, etc.,
          4. Why an action was taken or a decision was made.
       3. Allow for a clear audit trail regarding case decisions.
    3. Sign and date all narrative entries.
20. Noncompliance
    1. Understand failure to comply occurs when the mandatory job seeker fails to:
       1. Contact the CM within the time frame established by the Benefit Specialist on the appointment form;
       2. Keep the initial and all other scheduled appointments;
       3. Follow through with any steps and responsibilities specified on the IRP;
       4. Cooperate by contacting the CM upon request; and
       5. Accept and maintain employment.
    2. Accept a job seeker’s reasonable excuse for failing to comply, providing the job seeker gives the excuse prior to the time when the compliance is expected.
    3. Verify and document the facts when failure to comply has occurred.
    4. Send a failure to comply JAS notice immediately to the non-complying job seeker and:
       1. Explain the specific reason for the failure to comply;
       2. Indicate the effective date of the action;
       3. Explain what needs to occur for the job seeker to come back into compliance; and
       4. Provide applicable legal cites.
    5. Notify the Benefit Specialist immediately of the noncompliance.
    6. Accept any request for good cause when the request is made in writing within three working days of receipt of the P003, failure to comply notice, by the recipient.
       1. Refer the job seeker to the Benefit Specialist to request an administrative hearing on the adverse action if good cause was not requested in writing within the required time frame or good cause is denied (see X.);
       2. Forward the good cause request to the work program action center supervisor if good cause was requested in writing within three working days.
    7. The supervisor reviews the good cause request, requests further clarification as needed and makes a good cause determination.
    8. Understand good cause for failing to meet the POWER work performance requirements can only be granted for the following reasons:
       1. The job seeker is verifiably unable to perform the type of work involved or lacks the basic skills to do the job;
       2. Employment is reduced or terminated through no fault of the job seeker;
       3. The job seeker is subjected to intimidation, abuse, exploitation, harassment or unsafe working conditions as verified by substantiated evidence;
       4. The job does not pay applicable federal minimum wage or the prevailing wage for like work in the community;
       5. The job seeker encounters an emergency (involving herself/himself or an immediate family member) that reasonably precludes full cooperation and participation with ` assigned work activities;
       6. The job seeker did not provide a mandated report of a change to the CM, which would affect compliance with the IRP, but did report the change to the Benefit Specialist within the required performance period. Good cause must be granted based on the breakdown in communication.
       7. The job seeker is a single custodial parent caring for a child under age six who has demonstrated an inability to obtain needed child care under one of the following reasons:
          1. Appropriate childcare;
          2. Reasonable distance;
          3. Unsuitability of informal childcare;
          4. Affordable childcare arrangements.
       8. Case manager error.
       9. Require the good cause determination to be provided in writing for documentation purposes in the work program action center case record.
       10. Notify the Benefit Specialist in writing to not impose the noncompliance penalty when good cause is granted.
21. Transferring Cases
    1. Do the following to transfer a case within an office:
       1. Change the caseload number on the JAS PASS screen.
       2. Advise the former CM and the job seeker of the transfer as appropriate.
       3. Review and update the IRP to assure compliance continues.
    2. Transferring a case between offices.
       1. The transferring CM will:
          1. Meet with the job seeker as soon as the relocation decision is known.
             1. If the job seeker moves without advising the CM, the job seeker is in noncompliance. Follow the noncompliance procedures. Notify the local Benefit Specialist and the receiving CM.
             2. If the relocation will result in the job seeker being out of compliance with the IRP, follow the noncompliance procedures. Notify the local Benefit Specialist and the receiving CM.
             3. If the relocation does not result in noncompliance, update the IRP to assure compliance continues during the relocation period. Notify the local Benefit Specialist and the receiving CM.
          2. Assure the JAS and case records are current.
          3. Generate the appropriate Work Program notices concerning the transfer.
          4. Change the caseload number on PASS.
          5. Mail the case record to the receiving CM.
       2. The receiving CM will:
          1. Accept transfer of the case and review the IRP and other information.
          2. Assure the initial meeting occurs within the time frame established on the transfer IRP.
             1. If the contact does not occur, the CM will generate a failure to comply notice and will notify the assigned Benefit Specialist in the receiving office.
             2. If the contact does occur, the CM will monitor compliance occurred during the transfer period and will update the IRP to address the job seeker’s new situation.
22. Inactivating Cases
    1. Use the following chart to determine when the closure notice should be sent, the monitoring ends and when the JAS screens should be closed. (Follow the dates exactly.) INSERT TABLE
       1. * Exception: When policy directs the case to be closed on the 15th of the month, the CM may continue the EMDP and BATE screens and leave the case open until the end of the month if performance can be verified and documented through the end of the month
    2. Do the following when the JAS screens are closed:
       1. Update WKHI with the current employment information. Advise the Benefit Specialist concerning this information using the DFS 563 or electronic mail so the EPICS earned income screens can be correctly completed.
       2. Enter an actual end date for each step and responsibility on BATE and for each open work activity on the EMDP screen.
       3. Enter an inactive code and date on the PASS screen.
       4. Advise the Benefit Specialist of the closure.
    3. Leave the case open for 30 days when notified by the Benefit Specialist the job seeker must comply for 30 days due to a voluntary quit. (See Section 401).
23. Notices
    1. Generate the appropriate JAS notice when:
       1. Any action is taken which will have an adverse affect on the job seeker’s eligibility or approval for:
          1. POWER,
          2. A work program activity,
          3. A work activity expenditure, or
       2. Any appointments which are not identified on the IRP.
       3. Needed to clarify or transmit information, which is related to the job seeker’s compliance or case activity.
       4. A transfer has occurred. (See U.)
       5. Inactivation of a case occurs. (See V.)
    2. Include the following in a notice:
       1. The reason for the notice.
       2. A clear and concise statement of the action being taken by the CM.
       3. Information about what the job seeker is expected to do.
       4. Any pertinent dates.
       5. The applicable legal citations.
       6. Information concerning performance periods and how noncompliance could affect eligibility for other DFS programs.
       7. An explanation concerning the right to request an administrative hearing. (This is printed on the back of the JAS notices)
24. Administrative Hearings
    1. Explain to the job seeker about the right to request an administrative hearing within 30 days from the date of an adverse notice.
    2. Assure proper notification has been given. (See W.)
    3. Transmit any request for an administrative hearing immediately to the DFS-FO manager.
    4. The agency administrative hearing process will apply.
       1. The DFS-FO is responsible for providing documentation and exhibits and for presenting the reasons for agency action.
       2. The CM may be asked to testify as a witness to the actions, which occurred in the Work Program.
25. Displacement Complaints - A displacement complaint occurs when a regular employee believes s/he has been displaced by a POWER job seeker. Report to the DFS-FO manager whenever a displacement complaint is received.
26. Exchange of Client Information
    1. Exchange of client information – POWER Work Program A release of information is not required for information to be exchanged between the CM and Benefit Specialist when working with POWER Work Program cases.
    2. Exchange of client information – other than for the POWER Work Program.
       1. Comply with all provisions found in the Memorandum of Understanding between the Department of Workforce Services and the Department of Family Services dated July 18, 2002 concerning exchange of client information.
       2. DO NOT exchange medical and psychological information provided by health care professionals unless specifically authorized by the job seeker, in writing.
       3. Exchange general employability information about the job seeker when appropriate.
       4. Cooperate with local partners to develop information exchange procedures.
       5. Seek guidance from the Work Program consultant if proposed local procedures conflict with policy.
    3. Exchange of client information – Child Support Court Ordered Obligors
       1. A release of information is not required for information to be exchanged between the CM and CSA when working with child support court ordered obligor cases.
       2. DO NOT exchange information with a CSA attorney or share information in a court hearing unless permission has been specifically authorized by the
          child support court-ordered obligor in writing.

E-4 Work Activity Expenditures

1. Limited Work Activity Expenditures
   1. Realize work activity expenditures are only available to job seekers who are assigned to a countable work activity.
   2. Acknowledge the maximum of all limited work activity expenditures cannot exceed $1,000 per job seeker per year.
      1. The year begins with the month the first work activity expenditure was paid for the job seeker and goes for 12 consecutive months;
      2. The second year begins with the first work activity expenditure payment made after the end of the first year and goes for 12 consecutive months.
   3. Realize work activity expenditures, which are available on an as needed basis, are limited for each job seeker as follows:
      1. Transportation services include gas for the job seeker’s own vehicle or to be transported by another person, taxi or bus:
         1. Limit transportation expenditures to $75 per month.
         2. Require, for ongoing payments for gas, the job seeker take the odometer reading when s/he leaves home and travels her/his usual daily route to the child care provider and the countable work activity site and back home.
         3. Multiply this mileage by the state allowed cents per mile to determine the daily cost.
         4. Multiply the daily cost by the number of days the route is to be traveled to establish the monthly allowable reimbursement up to the $75 per month limit. NOTE: Job seekers who are employed are expected to pay their transportation costs.
      2. Limit union dues or professional licensing fees to one-time only payments and do not exceed $360 per year.
      3. DO NOT exceed $500 per year for clothing, personal grooming, uniforms, and interview assistance:
         1. Provide interviewing assistance (transportation and per diem) to a job seeker to enable her/him to accept a bona fide appointment for a job interview in a city which is located 50 miles or greater from the city in which the job seeker resides.
         2. Estimate the transportation costs using a currently published highway map to determine mileage and the state allowed amount per mile.
      4. DO NOT exceed $500 per year for vehicle insurance, licensing or repair and assure the payment is for a vehicle owned by the job seeker who has a valid driver's license;
      5. DO NOT exceed $1,000 per year for tools and realize the payment is available only once in a lifetime.
      6. DO NOT exceed $1,000 per year for relocation assistance and realize the payment is available only once for each job seeker:
         1. Provide financial assistance to a job seeker to move to another location/city to accept a job opportunity that does not exist in her/his current location/city.
         2. Allow relocation assistance (transportation, per diem, and rental of moving van or trailer) for one-way relocation to the nearest location where the job opportunity is available and do not include shelter or utility deposits.
         3. Verify the employment.
2. Work Activity Expenditures Outside the $1000 Limit - Authorize the following work activity expenditures which are available on an as needed basis but are not subject to the $1000 limit for each job seeker:
   1. Assessment expenditures such as literacy tests, other tests and test summaries.
   2. Education or training expenditures such as:
      1. GED tests for minor parents or teenagers only.
      2. Tuition, books and other educational supplies for minor parents only.
      3. Tutoring for minor parents or teenagers only.
      4. DVR requested and approved training expenditures for incapacitated job seekers only.
3. Job Seeker Responsibilities
   1. Make a written request for assistance with an expenditure necessary to become employed including the date s/he plans to be employed.
   2. Document the need by:
      1. Showing how the assistance is a requirement for complying with the IRP or is essential to becoming employed within the next 12 months.
      2. Providing estimates showing s/he has taken the responsibility to find the best price and quality.
      3. Providing supporting or related information, i.e., driver's license, insurance, license plates, etc. as required.
   3. Take responsibility for the expenditure by paying for, or by making a mandatory contribution towards the purchase, or by accessing other possible resources:
      1. Other resources, including income from employment, are to be utilized prior to POWER work activity expenditures.
      2. POWER is to be the last payer.
   4. Increase her/his knowledge and ability to develop and implement effective personal/family budgets.
   5. Execute the requirements of the IRP.
   6. Repay any incorrect expenditure, or return any nonperishable expenditure item over $100, when directly related to a failure to comply with an IRP or POWER work program requirement, failure to accept employment, fraud or other illegal actions.
4. CM Responsibilities
   1. Assure written application has been made and all expenditures are approved before the purchase is made.
   2. Make a timely decision on the request.
   3. Assure the assistance by POWER to purchase the requested need will not result in an illegal action:
      1. POWER may not pay a bill, which has already been paid by the job seeker or another source, unless it is a participant reimbursement that has been approved by the case manager prior to the date of service.
      2. POWER will not pay for car repairs for an unlicensed driver or for uninsured or unlicensed vehicles.
   4. Uphold the job seeker's right to accept responsibility for herself/himself by requiring as determined through assessment:
      1. A mandatory job seeker contribution towards the cost of all approved expenditures; or
      2. Full payment by the job seeker through other resources including income from employment; or
      3. Repayment or offset against future POWER payments or work activity expenditures, or recoupment of any nonperishable expenditure item, for any expenditure when the job seeker fails to comply with the steps and responsibilities agreed upon in the IRP or to seek and accept employment within the 12 month period.
   5. Assure proper notification has been given. (See W.)
   6. Adhere to any internal monitoring review established by the DFS-FO manager, including the review and approval of all invoices.
   7. Document on the DFS 562b the expenditures are within program limits and assure federal funds are not duplicating other federal funds.
   8. Limit the payment method to direct vendor payments with the exception of participant reimbursements for transportation or for interview and relocation assistance when a vendor cannot be identified.
5. Adjustments/Overpayments
   1. Cooperate with DFS staff to establish overpayment or recovery files as specified in Section 2000.
   2. Complete the DFS-710 and forward it to the Benefit Specialist Supervisor.
   3. Realize DFS will complete the required paperwork to be submitted to the PRICE Unit.