Alabama Administrative Code Chapter 660-2-20 — Jobs Program

660 Alabama Department of Human Resources

Ala. Admin. Code r. 660-2-20-.01 Purpose

The purpose of the JOBS Program is to encourage and assist recipients of FA to succeed in making the transition from welfare to work or self-sufficiency; and aid former recipients so that they can retain their employment and avoids returning to the system.

History

• Author: Linda Bibb
• Authority: Social Security Act, Title IV, Parts A and F; Public Law 100-485, Title II & Title III; 42 U.S.C. §§602, 681-687; 45 C.F.R Parts 250 & 255; 54 Fed. Reg. 42145-42267; State TANF Plan.
• Emergency adoption effective April 1, 1990. Succedent permanent adoption effective July 11, 1990. Amended: Filed December 27, 1997; effective January 31, 1997. Amended: Filed October 2, 2009; effective November 10, 2009.

Ala. Admin. Code r. 660-2-20-.02 Definitions

(1) Applicant - Any individual who made an application or on whose behalf an application for FA was made with the appropriate county DHR office and the application has not been approved or denied.

(2) Barrier - Any situation or problem that hinders or prevents an individual from participating in the JOBS Program or from reaching the goal(s) established in the Individual JOBS Participation Plan or other self-sufficiency plan.

(3) Component - Any of the specific employment pre-employment, employability advancement, and job retention activities designed to increase the employability of JOBS clients. These activities include subsidized or unsubsidized employment, on-the-job training job readiness activities, job development/job placement activities, unpaid work experience through the Community Employment (CEMP) program, and job search. Educational training may be allowed for certain individuals.

(4) Deferred Individual - A recipient may be deferred from placement in an employment-related activity if s/he meets one of the deferral criteria stated in JOBS Program policy.

(5) Family Assistance Program (FA) (formerly AFDC) - A public assistance program authorized by Title IV-A of the Social Security Act to provide financial assistance to needy families who meet certain eligibility requirements.

(6) Family Responsibility Plan (FRP)-the family’s overall plan for self-sufficiency based on individual assessments by the case manager. Documentation of the plan includes the Family Responsibility Agreement(FRA) and Individual JOBS Participation Plan(IJP), written documents that outline steps and activities required of and/or agreed to by the grantee and/or other family members to reach the agreed upon employment or other self-sufficiency goal. It also includes supportive and family services to be provided by the Department and other sources.

(7) Good Cause - Good cause exists when a recipient fails to participate or meet JOBS employment requirements due to meeting JOBS Program good cause criteria.

(8) Public Assistance Units - Those units of the Department whose responsibilities include determination of eligibility for Financial Assistance; determination of the FA amounts, sanctioning and disqualification of the Family Assistance benefits.

(9) JOBS Unit - Those units of the Department whose responsibilities include providing work and training services as stated in JOBS Program policies.

(10) Excused Absence – An absence for which the participant had good cause according to JOBS Program policy.

(11) Office of JOBS Program Operations- The unit of the Department responsible for development and implementation of JOBS policies and procedures; coordination with other agencies; training; and evaluation of local JOBS Programs.

(12) Recipient - Any individual who receives Family Assistance (FA) and whose needs have been considered in determining the amount of FA for the Assistance Unit (AU).

(13) State IV-A Agency - In Alabama, the Department of Human Resources is designated as the agency with responsibility for administration of Title IV-A of the Social Security Act and, therefore, is also designated to administer the JOBS Program.

(14) Supportive Services - Services provided as a means to help JOBS clients, including teens, attain and/or retain suitable employment, facilitate the client’s participation in approved JOBS activities (including high school), and assist the client in overcoming barriers to self-sufficiency.

History

• Author: Linda Bibb
• Authority: Social Security Act, Title IV, Parts A and F; Public Law 100-485, Title II & Title III; 42 U.S.C. §§602, 681-687; 45 C.F.R. Parts 250 & 255; 54 Fed. Reg. 42145-42267; State TANF Plan.
• Emergency adoption effective April 1, 1990. Succedent permanent adoption effective July 11, 1990. Amended: Filed December 27, 1997; effective January 31, 1997. Amended: Filed October 2, 2009; effective November 10, 2009.

Ala. Admin. Code r. 660-2-20-.03 Operation Of The Program

The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law 104-193, requires applicants/recipients of Family Assistance benefits to participate in work or work-related activities. Work program requirements will be administered by the JOBS Program of the Department of Human Resources. The 1996 welfare reform law was reauthorized in the Deficit Reduction Act of 2005(DRA). The DRA of 2005 reauthorizing Temporary Assistance to Needy Families (TANF) was signed into law in February 2006, and included major changes regarding work participation rates. The Office of JOBS Program Operations in the Family Assistance Division of the State Department of Human Resources is responsible for the JOBS Program operations. Program activities are carried out by the JOBS Unit in each County Department of Human Resources.

History

• Author: Linda Bibb
• Authority: Social Security Act, Title IV, Parts A and F; Public Law 100-485, Title II & Title III; 42 U.S.C. §§602, 681-687; 45 C.F.R. Parts 250 & 255; 54 Fed. Reg. 42145-42267; State TANF Plan.
• Emergency adoption effective April 1, 1990. Succedent permanent adoption effective July 11, 1990. Amended: Filed December 27, 1997; effective January 31, 1997. Amended: Filed October 2, 2009; effective November 10, 2009.

Ala. Admin. Code r. 660-2-20-.04 Steps In Participation

(1) Each FA recipient must participate in the JOBS Program as determined appropriate by the JOBS case manager, unless it is determined that the client meets a deferral criterion or has good cause.

(2) The participant is assessed by the JOBS Unit after referral from the Public Assistance Unit.

(3) A Family Responsibility Plan (FRP) and Individual JOBS Participation Plan are (IJP) developed jointly by the Family Assistance grantee and/or JOBS participant and case manager and supportive services are arranged as necessary.

(4) The JOBS participant is placed in an employment-related activity or work, consistent with her/his IJP. Each JOBS participant will be informed of the requirements of the Program, what constitutes noncompliance, and the sanctions for noncompliance. Appropriate sanction action will be taken by the Public Assistance staff after learning of the participant’s noncompliance, without good cause, by the participant.

(5) The JOBS participant will receive reimbursement or payment of agreed upon expenses directly related to participation in employment-related activities. The provisions and restrictions as described in the Program Manual for each category of services apply regardless of the payment/reimbursement method.

(6) For the duration of the participant's involvement in the JOBS Program, the case manager will monitor component participation and provide assistance to participants with any problems or barriers.

(7) The JOBS participant may be required to begin participation in another employment-related activity upon completion of one activity. The participant may be deferred from participation if a deferral criterion is established.

(8) Once employment is obtained and the participant is terminated from FA due to earned income or if the FA is terminated for any other reason, she/he will no longer be required to participate in JOBS.

(9) When a participant who has not been deferred from participation refuses or fails to cooperate with program requirements without good cause, the FA benefit will be sanctioned or disqualified by the Public Assistance Unit.

History

• Author: Linda Bibb
• Authority: Social Security Act, Title IV, Parts A and F; Public Law 100-485, Title II & Title III; 42 U.S.C. §§602, 681-687; 45 C.F.R. Parts 250 & 255; 54 Fed. Reg. 42145-42267; State TANF Plan.
• Emergency adoption effective April 1, 1990. Succedent permanent adoption effective July 11, 1990. Succedent permanent amendment effective February 8, 1991. Amended: Filed December 27, 1997; effective January 31, 1997. Amended: Filed October 2, 2009; effective November 10, 2009.
• Editor's note: Rule .05 was renumbered to .04 as per certification filed October 6, 2009; effective November 10, 2009.

Ala. Admin. Code r. 660-2-20-.05 Good Cause Determination

(1) When the JOBS Unit learns that the participant has failed or refused to participate as required or there is a dispute involving a participant’s participation in the JOBS Program, a good cause determination process will be initiated. At that time, the participant’s rights and responsibilities under the JOBS Program will be clearly explained and the consequences of continued failure to participate will be outlined.

(2) The participant will be contacted as stated in program policy and given an opportunity to establish good cause as stated in program policy. Successful resolution occurs in the following manner:

(a) The participant resumes/commences the activities originally agreed upon or revised by the case manager and participant;

(b) The participant presents information that establishes good cause for the noncompliance;

(c) The participant meets a criterion for deferral from participation or participation will be delayed; or

(d) Revisions are made in the required activities provided this results in a mutually agreed upon Individual JOBS Participation Plan (IJP).

History

• Author: Linda Bibb
• Authority: Social Security Act, Title IV, Parts A and F; Public Law 100-485, Title II & Title III; 42 U.S.C. §§602, 681-687; 45 C.F.R. Parts 250 & 255; 54 Fed. Reg. 42145-42267; State TANF Plan.
• Emergency adoption effective April 1, 1990. Succedent permanent adoption effective July 11, 1990. Succedent permanent amendment effective February 8, 1991. Amended: Filed September 5, 1996; effective October 10, 1996. Amended: Filed December 27, 1997; effective January 31, 1997. Amended: Filed October 2, 2009; effective November 10, 2009.
• Editor's note: Rule .06 was renumbered to .05 as per certification filed October 6, 2009; effective November 10, 2009.

Ala. Admin. Code r. 660-2-20-.06 Sanctions/Disqualifications

The financial reduction or termination penalty imposed on a family’s FA benefits as specified in Departmental Rule 660-2-2 18, due to the failure or refusal, without good cause, of a member of the AU who is subject to JOBS Program requirements to participate satisfactorily in an assigned JOBS activity.

History

• Author: Linda Bibb
• Authority: Social Security Act, Title IV, Parts A and F; Public Law 100-485, Title II & Title III; 42 U.S.C. §§602, 681-687; 45 C.F.R. Parts 250 & 255; 54 Fed. Reg. 42145-42267; State JOBS Plan and State Supportive Services Plan.
• Emergency adoption effective April 1, 1990. Succedent permanent adoption effective July 11, 1990. Amended: Filed December 27, 1997; effective January 31, 1997. Repealed and New Rule: Filed October 2, 2009; effective November 10, 2009.
• Editor's note: Rule .07 was renumbered to .06 as per certification filed October 6, 2009; effective November 10, 2009.

Ala. Admin. Code r. 660-2-20-.07 Fair Hearings

Participants in the JOBS Program are entitled to fair hearings through the Title IV-A hearing process specified in Departmental Rule 660-1-5.

History

• Author: Linda Bibb
• Authority: Social Security Act, Title IV, Parts A and F; Public Law 100-485, Title II & Title III; 42 U.S.C. §§602, 681-687; 45 C.F.R. Parts 250 & 255; 54 Fed. Reg. 42145-42267; State JOBS Plan and State Supportive Services Plan.
• Emergency adoption effective April 1, 1990. Succedent permanent adoption effective July 11, 1990. Amended (Rule Number Only): Filed October 2, 2009; effective November 10, 2009.
• Editor's note: Rule .08 was renumbered to .07 as per certification filed October 6, 2009; effective November 10, 2009.

Ala. Admin. Code r. 660-2-20-.08 Confidentiality

The principle which requires the Department to safeguard and protect all information provided by or about a client, as specified in Departmental Rule 660-1-6.

History

• Author: Linda Bibb
• Authority: Social Security Act, Title IV, Parts A and F; Public Law 100-485, Title II & Title III; 42 U.S.C. §§602, 681-687; 45 C.F.R. Parts 250 & 255; 54 Fed. Reg. 42145-42267, and State TANF Plan.
• New Rule: Filed October 2, 2009; effective November 10, 2009.