NORTH DAKOTA DEPARTMENT OF HUMAN SERVICES by gabyion

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									         NORTH DAKOTA DEPARTMENT OF HUMAN SERVICES
                  BISMARCK, NORTH DAKOTA
                     September 27, 2006

                                                      IM 4992


TO:              County Social Service Directors
                 Economic Assistance Policy Regional Representatives
                 Economic Assistance Policy Quality Control Reviewers

FROM:            Blaine Nordwall, Director, Economic Assistance Policy

SUBJECT:         TANF Interim Final Rule & Changes to JOBS Policy

PROGRAMS:        Job Opportunities and Basic Skills (JOBS)

EFFECTIVE:       October 1, 2006

RETENTION:       Until Manualized


Note: JOBS coordinator shall be primarily responsible to implement
the policy changes outlined in this IM with the exception that TANF
eligibility workers will be responsible to share information
regarding an individual’s actual hours or work and the amount of
the individual’s Food Stamp benefit with JOBS staff as stated in FYI
06-040 and items 1 and 6 of this IM.


Several sections of the JOBS policy manual have been revised or rewritten
to ensure compliance with the TANF Interim Final Rule, which takes effect
October 1, 2006.


Please note that the policy changes outlined in this IM are subject to
change based on approval of the state’s work verification plan. Unless
otherwise noted below, these changes shall take effect October 1, 2006, for
both new and ongoing TANF cases.
Changes to the JOBS Policy Manual – Service Chapter 400-20:


1.   Work Activities 400-20-30-05 – Immediately following the
     bolded administrative code text shown at the beginning of this
     section, this section has been rewritten, as noted below, to be
     in compliance with the TANF Interim Final Rule:

     Within the JOBS program, the first priority in work activity placement
     shall always be given to unsubsidized employment. If unsubsidized
     employment is not available or is not appropriate for the individual at
     that time, participation in one or more federally allowable work
     activities shall be required.

     Effective October 1, 2006, and consistent with the state’s current work
     verification plan, JOBS coordinators shall only count/report the actual
     hours an individual participates in federally defined allowable work
     activities, except that:

                Hours in paid employment (unsubsidized or subsidized
                 public or private employment and on-the-job training) may
                 be projected for up to six months – See subsection 1 and 2
                 below for information on projecting actual hours of paid
                 employment

                Holiday and excused absence hours may be counted for
                 individual’s engaged in “unpaid” work activities only – See
                 subsection 3 below for information on counting holiday and
                 excused absence hours

                Individuals, who are engaged in community service, shall
                 be deemed to have completed 20 hours of work when they
                 complete the maximum number of hours allowed under
                 minimum wage standards of the Fair Labor Standards Act.
                 See subsection 4 below for information on deeming
                 community service hours
          Individuals who have a physical, mental, emotional, or
           intellectual impairment or disability, verified by a qualified
           professional, and are meeting the expectations of their
           modified employability plans, shall be considered to be
           fully meeting their 20 or 30-hour minimum work
           requirement, consistent with the state’s TANF Work
           Verification Plan. A qualified professional means an
           individual, who is certified, registered or licensed to assess
           an individual’s physical, mental, emotional or intellectual
           impairments or disabilities

          One hour may be counted/reported per day to allow JOBS
           participant’s adequate time to transport their children to
           and from day care or school and to travel to and from their
           scheduled work activity for that day

          Three hours may be counted/reported for each job search
           contact completed whether the job search contact was
           made in person or via the internet

          Three hours may be counted/reported for each credit or
           classroom hour completed by individuals who are engaged
           in vocational education, job skills training directly related
           to employment or education directly related to
           employment whether the education is obtained through
           traditional classroom attendance or through an online
           course

1.   Projecting of Actual Hours of Participation for Unsubsidized
     employment, excluding self-employment:

     All TANF recipients are required to provide verification of their
     income to county social service staff on a monthly basis for
     eligibility purposes. In the case of an individual who is engaged
     in unsubsidized employment, excluding self-employment, an
     individual is required to provide copies of her or his pay-stubs to
     verify earned income for each reporting month.
Effective October 1, 2006, TANF eligibility workers shall be
required to enter an individual’s actual hours of work, consistent
with the total hours shown on the individual’s pay-stubs or as
verified by the individual’s employer, if the individual’s pay-stubs
do not contain that information, for the reporting month. The
individual’s actual hours of work for the reporting month will be
made available to JOBS staff on a monthly basis.

Informational Note to Eligibility Workers and JOBS
Coordinators: Until information on an individual’s actual
hours of unsubsidized employment can be made available
electronically to JOBS coordinators through SAS-ROE, the
TANF eligibility worker shall fax or email a copy of an
individual’s actual hours of work to the individual’s JOBS
coordinator immediately after processing the individual’s
monthly report as described in FYI 06-040.

Effective October 1, 2006, JOBS coordinators may, on a case-by-
case basis, project an individual’s actual hours of work for up to
six months based on either: 1) The information obtained from
county social services, regarding an individual’s total actual
hours of work for the most recent reporting month; or, 2) The
average, total actual hours of work for the two, most recent,
reporting months.

JOBS staff shall then divide the individual’s total actual hours of
work for the most recent reporting month or the average, total
actual hours of work for the two, most recent, reporting months,
by 4.33 to determine the average weekly hours to be reported
during a six-month projection period.

Effective November 1, 2006, JOBS staff shall be required, on a
monthly basis, to compare the information provided by county
social services, regarding an individual’s actual hours of work,
with the total, projected actual hours of work being reported.
     When an individual’s total, actual hours of work in a month are
     twenty percent less than the projected actual hours being
     reported JOBS staff shall not report any additional projected
     actual hours for that individual beyond the end of the month in
     which the significant decrease in actual hours of work occurred.

     NOTE:       Prior to determining if an individual’s actual hours of
                 paid work decreased by twenty percent, or more, the
                 JOBS coordinator must first subtract any additional
                 hours that were included in the projection such as
                 the one hour per day an individual is granted to
                 allow the individual to transport her or his children to
                 and from day care or school and to travel to and
                 from the individual’s scheduled work activity.

     When such a decrease in hours occurs, JOBS staff shall verify
     the individual’s total, actual hours of employment participation in
     the next reporting month and divide those total hours of work by
     4.33 to determine the average weekly hours that will be
     reported for that month or the next six months, if hours will be
     projected.

     When a work eligible individual’s actual hours of work increase
     during the six-month projection period, the JOBS coordinator
     may re-project the individual’s actual hours of work for an
     additional six months. The new six-month projection period
     shall begin in the month following the month in which the
     increase occurred.

     Under no circumstance, shall projected actual hours of
     employment participation be reported for more than six months
     without first re-calculating the actual number of hours for which
     the individual received payment during a new projection base
     period using the process described above.

2.   Projecting Actual Hours of Employment Participation - Self-
     employment:
All TANF recipients are required to verify their income to county
social service staff on a monthly basis for eligibility purposes. In
the case of a self-employed individual, the individual is required
to provide copies of her or his business records to verify earned
income for each reporting month.

Effective October 1, 2006, TANF eligibility worker shall be
required to calculate a self-employed individual’s actual hours of
work, for each reporting month, and enter the total, actual hours
of work into the Vision system. The individual’s actual hours of
work for the reporting month shall be made available to JOBS
staff on a monthly basis.

NOTE:       To calculate a self-employed individual’s total actual
            hours of work, the TANF eligibility worker shall divide
            the individual’s gross income for a reporting month
            by the current federal minimum wage ($5.15).

Informational Note to Eligibility Workers and JOBS
Coordinators: Until information on an individual’s actual
hours of self-employment can be made available
electronically to JOBS coordinators through SAS-ROE, the
TANF eligibility worker shall fax or email a copy of an
individual’s actual hours of work to the individual’s JOBS
coordinator immediately after receiving the individual’s
monthly report as described in FYI 06-040.

Effective October 1, 2006, JOBS staff may, on a case-by-case
basis, project a self-employed individual’s actual hours of work
for up to six months based on either: 1) The information
obtained from county social services, regarding an individual’s
total actual hours of work for the most recent reporting month;
or, 2) The average, total actual work for the two most recent,
reporting months. JOBS staff shall then divide the individual’s
total actual hours of employment participation for the most
recent reporting month or the average, total actual hours of
work for the last two reporting months, by 4.33 to determine the
average weekly hours of work that can be reported during an
initial six-month projection period.

Effective November 1, 2006, JOBS staff shall be required, on a
monthly basis, to compare the information provided by county
social services, regarding an individual’s actual hours of work,
     with the total, projected actual hours of work, being reported to
     ACF.

     When a self-employed individual’s total, actual hours of work are
     twenty percent less than the total, projected hours being
     reported JOBS coordinators shall not report any additional
     projected actual hours for that individual beyond the end of the
     month in which the significant decrease in actual hours of work
     occurred.

     NOTE:       Prior to determining if an individual’s actual hours of
                 self-employment decreased by twenty percent, or
                 more, the JOBS coordinator must first subtract any
                 additional hours that were included in the projection
                 such as the one hour per day an individual is granted
                 to allow the individual to transport her or his children
                 to and from day care or school and to travel to and
                 from the individual’s scheduled work activity.

     When such a decrease in hours occurs, JOBS coordinators shall
     verify the individual’s total, actual hours of employment
     participation in the next reporting month and divide those total
     hours of work by 4.33 to determine the average weekly hours
     that will be reported for that month or the next six months, if
     hours will be projected.

     When a work eligible individual’s, actual hours of work increase
     during the six-month projection period, the JOBS coordinator
     may re-project the individual’s actual hours of work for an
     additional six months. The new six-month projection period
     shall begin in the month following the month in which the
     increase occurred.

     Under no circumstance, shall projected actual hours of
     participation be reported for more than six months without first
     re-calculating the actual number of hours for which the individual
     received payment during a new projection base period using the
     process described above.

3.   Counting Holiday and Excused Absence Hours:

     When reporting hours for individuals engaged in “unpaid”
     allowable work activities, JOBS staff may count holiday hours
     and excused absence hours as described below:
a.   Holidays Hours:

     For purposes of this section, holidays are defined as any
     day a participant can’t report to her or his scheduled
     “unpaid” work activity because the institution or work site
     is closed. Summer vacations when an individual is not
     attending education/training during that time will not be
     considered a holiday.

b.   Excused Absence Hours:

     A work eligible individual’s absence, from a scheduled
     “unpaid” work activity, will be considered excused and the
     hours will be reported and applied to the individual’s TANF
     minimum work requirement if the individual has not used
     more than 10 days (no more than 80 hours) during the
     last 12 month period, and no more than 2 days (no more
     than 16 hours) in any month, and:

          The individual received approval from her or his
           supervisor or instructor prior to an absence; or

          The individual contacted her or his supervisor after
           the unscheduled absence and the supervisor or
           instructor indicated on the individual’s record of
           participation that the absence was excused, based
           on the individual’s reasonable explanation for the
           absence
     4.    Deeming of Community Service Hours:

           Effective October 1, 2006, JOBS staff may count/report 20 hours
           per week for individuals who are participating in community
           service and have completed the maximum number of hours
           allowed under the minimum wage requirements of the Fair Labor
           Standards Act (FLSA).

           See section 20-30-05-20-10 “Community Service for information
           on calculating the number of hours an individual can be required
           to complete under the minimum wages standards of the FLSA.

2.   Unsubsidized Employment – Including Self-Employment – 400-
     20-30-05-05 – Following the bolded Administrative Rule text,
     this section has been completely rewritten to be in compliance
     with the TANF Interim Final Rule:

     Unsubsidized employment includes full or part-time employment in the
     public or private sector that is not subsidized by TANF or any other
     public program. Activities that do not meet the above criteria shall not
     be reported or counted by JOBS staff under the unsubsidized
     employment category.

     Participants must be supervised on an ongoing basis, no less than
     daily. The participant’s employer shall provide supervision. In the
     case of an individual engaged in self-employment, supervision is
     presumed based on the individual’s earned income.

     Please refer to Section 20-30-05 for information on counting/reporting
     hours and projecting actual hours of participation individuals engaged
     in unsubsidized employment.

3.   Subsidized Employment 400-20-30-05-10 – Following the
     bolded Administrative Rule text, this section has been
     completely rewritten to be in compliance with the TANF Interim
     Final Rule:
     Subsidized public or private sector employment includes employment
     in the public or private sector for which the employer receives a
     subsidy from TANF or other public funds to offset some or all of the
     wages and costs of employing a work eligible individual. Participants
     must be supervised on an ongoing basis, no less than daily. The
     participant’s employer shall provide supervision.

     Please refer to Section 20-30-05 for information on counting/reporting
     hours and projecting actual hours of participation for individuals
     engaged in subsidized employment. Please refer to Section 20-30-05-
     10-05 “Work Supplementation” for additional information.

4.   On-the-job Training 400-20-30-05-15 – Following the bolded
     Administrative Rule text, this section has been completely
     rewritten to be in compliance with the TANF Interim Final Rule:

     On-the-job training (OJT) includes training in the public or private
     sector that is given to a paid employee while he or she is engaged in
     productive work that provides knowledge and skills essential to the full
     and adequate performance of the job.

     Participants must be supervised on an ongoing basis, no less than
     daily. The participant’s OJT employer shall provide supervision.

     Please refer to Section 20-30-05 for information on counting/reporting
     hours and projecting actual hours of participation for individuals
     engaged in OJT.

5.   Work Experience 400-20-30-05-20 - This section has been
     completely rewritten to be in compliance with the TANF Interim
     Final Rule:

     Work experience (including work associated with the refurbishing of
     publicly assisted housing) if sufficient private sector employment is not
     available, includes any work activity performed in return for TANF, that
     provides an individual with an opportunity to acquire the general skills,
     training, knowledge, and work habits necessary to obtain employment.
     The purpose of work experience is to improve the employability of
     those who cannot find unsubsidized employment.
     Services or programs that will be included under work experience are
     limited to a formal one-month initial assessment and matching
     process, followed by actual placement, no later than the second
     month, in a formal work experience training site that provides the
     individual with an opportunity to acquire the general skills, training,
     knowledge and work habits necessary to obtain employment.

     During the formal, one-month, initial assessment and matching
     process, the JOBS coordinator shall assess and identify the
     participant’s skills, abilities and interests in order to successfully match
     them with a work experience-training site. This assessment and
     matching process may take many forms, including a review of formal
     education, employment history, occupational interests, short-term
     trainings, requests for background checks required for site placement
     involving children, elderly and disabled, and receipt of TANF benefits.

     Participants must be supervised on an ongoing basis, no less than
     daily. During the formal, one-month, initial assessment and matching
     process, the participant’s JOBS coordinator shall provide supervision.
     Following the assessment and matching process, the participant’s work
     experience supervisor shall provide supervision.

     Please refer to Section 20-30-05 for information on counting/reporting
     an individual’s hours of participation in this allowable work activity.

6.   Community Service 400-20-30-05-20-10 – Following the bolded
     Administrative Rule text, this section has been completely
     rewritten to be in compliance with the TANF Interim Final Rule:

     Community service programs include structured programs and
     embedded activities in which TANF recipients perform work for the
     direct benefit of the community under the auspices of public or private
     nonprofit organizations. Community service programs are projects
     that serve a useful community purpose in fields such as health, social
     service, environmental protection, education, urban and rural
     redevelopment, welfare, recreation, public facilities, public safety, and
     child care.
Community service programs are designed to improve the
employability of recipients not otherwise able to obtain employment.
Community Service is a volunteer activity in a structured supervised
situation. The activity must benefit the community and be performed
under the auspices of public or private nonprofit organizations.

Family and self-improvement activities that do not provide a direct
benefit to the community, including substance abuse treatment,
mental health treatment, family violence counseling, life skill training,
parenting classes, job readiness instruction or caring for disabled
family members, shall not be counted under this allowable work
activity.

Fair Labor Standards Act (FLSA):

Work eligible individual’s who participate in community service
programs are considered employees for purposes of determining how
many hours of work they may be required to complete, under the
minimum wage requirements contained in the FLSA.

To determine the number of hours a work eligible individual can be
required to complete in community services, the JOBS coordinator
shall divide the total amount of the individual’s regular Food Stamp
and TANF benefits (prior to any reductions) by the current federal
minimum wage. This will determine the total number of hours that
can be required for the month. Then divide the total monthly hours by
4.33 to determine the average weekly hours the individual shall be
required to complete.

Informational Note to Eligibility Workers and JOBS
coordinators: A work request has been submitted to make the
amount of an individual’s Food Stamp benefit available
electronically to JOBS coordinators on a monthly basis. Until
that work request is completed, JOBS coordinators are to
contact TANF eligibility workers to request that information
each month for individual’s participating in community service.
     Individuals who complete the maximum number of hours of
     community service, as allowed under the minimum wage standards of
     the FLSA shall be deemed as completing 20 hours of work per week.
     Additional hours in another allowable work activity may be required
     when determined appropriate.

     Participants must be supervised on an ongoing basis, no less than
     daily. The participant’s community service site supervisor shall
     provide supervision.

     Please refer to Section 20-30-05 for additional information on
     counting/reporting an individual’s hours of participation in allowable
     work activities.

7.   Job Search and Job Readiness 400-20-30-05-25 – Following the
     bolded Administrative Rule text, this section has been
     completely rewritten to be in compliance with the TANF Interim
     Final Rule:

     Job search and job readiness assistance includes the act of seeking or
     obtaining employment, preparation to seek or obtain employment,
     including life skills training, and substance abuse treatment, mental
     health treatment, or rehabilitation activities for those who are
     otherwise employable. Such treatment or therapy must be determined
     to be necessary based on documentation from a qualified substance
     abuse, medical or mental health professional.

     Job Search:

     Job search includes the act of seeking or obtaining employment. This
     includes looking for suitable job openings, making contact with
     potential employers, and interviewing for job openings.

     Job Readiness Assistance:

     Job readiness assistance includes two activities designed to help
     prepare an individual for work, job preparation and treatment or
     therapy.
1.   Job preparation:

     This type of job readiness assistance may include activities such
     as: Involvement in life skills training sessions designed to teach
     or enhance an individual’s life skills and increase her or his
     employability; involvement in job preparation workshops
     designed to teach individuals how to prepare resumes or job
     applications, or acquire interviewing skills.

2.   Treatment or Rehabilitation Services:

     This type of job readiness assistance may include activities such
     as involvement, by work eligible individuals who are considered
     otherwise employable, in: approved substance abuse treatment;
     mental health treatment; or rehabilitation services, when the
     need for that treatment or therapy has been identified by a
     professional, who is considered qualified to provide such care,
     within the state where the treatment or therapy is provided.

     For purpose of this subsection “otherwise employable” means
     that an individual would be capable of participating in any
     allowable work activity, were it not for the individual’s need for
     substance abuse treatment, mental health treatment or
     rehabilitation services.

     If a work eligible individual engages in approved treatment or
     therapy and some of the individual’s activity during treatment or
     therapy meets a common sense definition for another allowable
     work activity, the individual’s hours of participation in that other
     activity will be counted under the appropriate allowable work
     activity and will not be counted as job search and job readiness
     assistance.
            With the exception of individuals who require accommodations
            based on the existence of a physical, mental, emotional or
            intellectual impairment or disability, verified by a qualified
            professional, participation in job search or job readiness
            assistance shall not be counted for more than four consecutive
            or six nonconsecutive weeks during a federal fiscal year.
            However, the JOBS coordinator may require involvement in job
            search and job readiness assistance beyond those time limits
            when determined appropriate.

            Job search and job readiness assistance activities must be
            supervised by the JOBS coordinator or, in the case of a recipient
            who is engaged in approved substance abuse treatment, mental
            health treatment or rehabilitation services, by the qualified
            substance abuse treatment, mental health treatment or
            rehabilitation professional providing that service, on an ongoing
            basis, no less frequently than daily.

            Please refer to Section 20-30-05 for information on
            counting/reporting an individual’s hours of participation in this
            allowable work activity.

8.    Job Search 400-20-30-05-25-05 – This section has been
      deleted. The new policy for both job search and job search
      readiness is now included in Section 20-30-05-25.

9.    Job Readiness 400-20-30-05-25-10 – This section has been
      deleted. The new policy for both job search and job search
      readiness is now included in Section 20-30-05-25.

10.   Vocational Education/Training 400-20-30-05-30 – The title of
      this section has been changed to Short-term vocational
      education/training. Following the bolded Administrative Rule
      text, this section has been completely rewritten to be in
      compliance with the TANF Interim Final Rule:

      Short-term vocational education/training includes organized
      educational programs that are directly related to the preparation of
      individuals for employment in current or emerging occupations
      requiring training other than a baccalaureate or advanced degree.

      Examples of activities allowed under this allowable work activity may
      include, but are not limited to participation in: vocational associate
      degree programs; instructional certificate programs; industry skill
      certificate programs or noncredit vocational course work.

      With the exception of individuals who require an accommodation based
      on the existence of a physical, mental, emotional or intellectual
      impairment or disability, verified by a qualified professional,
      participation in vocational education/training shall not be counted for
      more than 12 months when calculating the state’s work participation
      rate.

      Participants must be supervised on an ongoing basis, no less than
      daily. The participant’s vocational education instructor shall provide
      supervision.

      Please refer to Section 20-30-05 for information on counting/reporting
      an individual’s hours of participation in this allowable work activity.

11.   Short-term Vocational Education/Training 400-20-30-05-30-05
      – This section has been deleted. The new policy for counting
      hours of vocational education/training is included in Section
      20-30-05-30.

12.   Short-term Vocational Education/Training – Selection Process
      400-20-30-05-30-20 – The second paragraph of this section
      has be revised as shown below, to be in compliance with the
      TANF Interim Final Rule:

      Short-term vocational education/training means post-secondary
      education or training includes involvement in organized educational
      programs that are directly related to the preparation of individuals for
      employment in current or emerging occupations requiring training
      other than a baccalaureate or advanced degree, that is allowed as an
      exclusive approved work activity for no more than a lifetime maximum
      of 12-months. See Section 20-30-05-30 “Short-term Vocational
      Education/Training for additional information on this activity and
      exceptions to the 12-month lifetime limit.
      A note has been added at the very end of this section as shown below:

      Specifically, an individual is required to:

            a.    Be a full-time student at an accredited college, university
                  or vocational training program. To be considered a full-
                  time student means an individual shall maintain enrollment
                  in at least 12 credit hours each semester or term for the
                  fall or spring semesters and at least 6 credit hours during a
                  summer session.

            b.    Maintain good or satisfactory progress as required by the
                  educational provider, and

            c.    Express a willingness to relocate if, after graduating or
                  completing the required course work, there are no jobs in
                  the requested field of education/training within a
                  reasonable distance from the individual’s home.

      NOTE:       Requirements (a) and (b) above may not apply to
                  individuals who require accommodations based on the
                  existence of a physical, mental, emotional or intellectual
                  impairment or disability, verified by a qualified
                  professional.

13.   Education Directly Related to Employment 400-20-30-05-35 –
      Following the bolded Administrative Rule text, this section has
      been completely rewritten to be in compliance the TANF
      Interim Final Rule, as shown below:

      Education directly related to employment, in the case of a recipient
      who has not received a high school diploma or a certificate of high
      school equivalency includes education related to a specific occupation,
      job, or job offer.
      Education directly related to employment may include courses
      designed to provide the knowledge and skills for specific occupations
      or work settings, but may also include adult basic education and
      English as a learned Language (ELL) education. Where required as a
      prerequisite for employment by employers or occupations, education
      directly related to employment may also include education leading to a
      General Education Diploma (GED) or high school equivalency diploma.

      Participants must be supervised on an ongoing basis, no less than
      daily. The participant’s education or language instructor shall provide
      supervision.

      NOTE:       Jobs skills training along with education directly related to
                  employment are considered secondary work activities.
                  That means the hours of participation in the activity may
                  only be counted/reported when the individual completes at
                  least 20 hours in another federally allowable work activity.
                  This does may not apply to individuals who require
                  accommodations based on the existence of a physical,
                  mental, emotional or intellectual impairment or disability,
                  verified by a qualified professional.

      Please refer to Section 20-30-05 for information on counting/reporting
      an individual’s hours of participation in this allowable work activity.

14.   Satisfactory Attendance in Secondary School or a Course of
      Study Leading to a General Equivalence Diploma 400-20-30-05-
      40 – Following the bolded Administrative Rule text this section
      has been completely rewritten to be in compliance the TANF
      Interim Final Rule, as shown below:

      Involvement in satisfactory attendance in secondary school or a course
      of study leading to a general equivalence diploma (GED) shall be
      limited to individuals who are under the age of 20 and have not
      completed high school or GED. The activity includes regular
      attendance, in accordance with the requirements of the secondary
      school or course of study, at a secondary school or in a course of study
      leading to a certificate of general equivalence.
      Participants must be supervised on an ongoing basis, no less than
      daily. The participant’s instructor shall provide supervision.

      Unlike education directly related to employment, this activity is not
      restricted to those individuals who need to obtain a GED as a
      prerequisite for employment. This activity shall not include other
      related educational activities, such as adult basic education or
      language instruction classes unless it is linked to attending a
      secondary school or GED course work.

      Participants who are engaged in this activity are required to make
      satisfactory progress consistent with the progress, grade, and
      attendance standards established by the secondary school or GED
      program.

      Participants who do not meet the standards established by the
      secondary school or GED program, in which they are enrolled, shall,
      upon notification of their withdrawal or discharge from the secondary
      school or GED program, not be allowed to apply additional hours of
      this participation toward their TANF minimum work requirement.

      Please refer to Section 20-30-05 for information on counting/reporting
      an individual’s hours of participation in this allowable work activity.

15.   Provision of Child Care Services to a Participant Involved in
      Community Service 400-20-30-05-45 – Following the bolded
      Administrative Rule text, this section has been completely
      rewritten to be in compliance the TANF Interim Final Rule, as
      shown below:

      Providing child care services to a participant involved in community
      service means providing child care to enable another JOBS participant
      to complete work hours in a community service program. Providing
      child care services to an individual who is participating in a community
      service program is only counted as an activity for work eligible
      individuals providing non-reimbursed child care to another JOBS
      participant while that participant is engaged in Community Service.
      Adequate supervision of the individual providing the child care is
      presumed based on the other JOBS participant’s completion of work
      hours in a community service program.
      Work eligible individuals who receive payment to provide child care
      services shall not be reported under this allowable work activity. Work
      eligible individuals who provide child care, at no cost, to JOBS
      participants who are engaged in allowable activities, other than
      community service programs, shall not be reported under this
      allowable work activity.

      Please refer to Section 20-30-05 for information on counting/reporting
      an individual’s hours of participation in this allowable work activity.

16.   Job Skills Training Directly Related to Employment 400-20-30-
      05-50 – Following the bolded Administrative Rule text, this
      section has been completely rewritten to be in compliance the
      TANF Interim Final Rule, as shown below:

      Job skill training directly related to employment means training or
      education for job skills required by an employer to provide an
      individual with the ability to obtain employment or to advance or adapt
      to the changing demands of the workplace. Participants must be
      supervised on an ongoing basis, no less than daily. The participant’s
      job skills trainer shall provide supervision.

      Job skills directly related to employment are customized trainings that
      prepare an individual to obtain employment with a specific employer or
      generalized trainings designed to prepare the individual for potential
      employment in a current or emerging occupation.

      Job skills training directly related to employment may include but is
      not limited to, literacy instruction or language instruction when such
      instruction is explicitly focused on skills needed for employment or
      when such instruction is incorporated into the training.

      An individual’s participation in barrier removal activities such as
      substance abuse treatment, mental heath treatment or rehabilitation
      services shall not be counted under this allowable work activity.
NOTE:      Jobs skills training along with education directly related to
           employment are considered secondary work activities.
           That means the hours of participation in the activity may
           only be counted/reported when the individual completes at
           least 20 hours in another federally allowable work activity.
           This does may not apply to individuals who require
           accommodations based on the existence of a physical,
           mental, emotional or intellectual impairment or disability,
           verified by a qualified professional.

Please refer to Section 20-30-05 for information on counting/reporting
an individual’s hours of participation in this allowable work activity.

								
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