Ariz. Admin. Code § 6-10-101

Current through Register Vol. 30, No. 45, November 8, 2024

Section R6-10-101 - Definitions

The definitions in A.R.S. § 46-101 and the following definitions apply to this Chapter, unless the context otherwise requires:

1. "Acceptable medical source" means the same as A.A.C. R6-12-101 and includes a vocational rehabilitation specialist, licensed naturopathic doctor, licensed chiropractor, and other personnel authorized to act on a physician's behalf.

2. "AHCCCS" means the Arizona Health Care Cost Containment System.

3. "Assessment" means the evaluation of a participant by a case manager, with the assistance of the participant, to determine employment potential, as well as services necessary to remove barriers to employment. The case manager shall use the assessment as a guide for employment and career development planning.

4. "Assistance unit" means the same as A.R.S. § 46-101.

5. "Barrier" means a circumstance that, if not addressed, may prevent or delay participation in work activities. A barrier includes one or more of the following circumstances, or any similar circumstance:

a. A temporary physical or mental condition, including behavioral health issues of the participant or the participant's family member for whom the participant is the primary caregiver;

b. A lack of transportation;

c. A lack of child care;

d. Limited English proficiency;

e. A threat of domestic violence toward the participant, the participant's family member, or the caregiver for a minor child, if the threat interferes with the participant's ability to participate in work activities;

f. Illiteracy; insufficient education; lack of vocational skills; or

g. An ongoing family crisis that interferes with the participant's ability to participate in work activities.

h. Other similar circumstances that prevent or delay participation in work activities.

6. "Caretaker relative" means the same as A.A.C. R6-12-101(19).

7. "Case management" means the process through which the Jobs Program determines the needs of the participant requesting or receiving services through the Jobs Program. Appropriate services or benefits for participants are identified, planned, obtained, provided, recorded, monitored, and terminated, and follow-up is provided, as necessary and subject to budgetary constraints, in accordance with A.R.S. § 46-299.

8. "Case manager" means the Jobs Program staff who determines the needs of an individual requesting or receiving services through the Jobs Program.

9. "Community resource" means an organization that provides services to the general public at no cost to the participant or the Jobs Program.

10. "Community service program" means the same as 45 CFR 261.2(h).

11. "Complaint" means a formal accusation or charge expressing dissatisfaction or a grievance with a service provider, an agency, or a Jobs Program action or decision.

12. "Core activity" means a work activity that counts toward the work requirement, pursuant to 45 CFR 261.33 through 261.35.

13. "Day" means a calendar day, unless otherwise specified. If a deadline falls on a weekend day or a holiday, the Jobs Program shall consider the deadline to fall on the next business day.

14. "Deferral" means the same as A.R.S. § 46-299(A).

15. "Demonstrate compliance" means attending appointments to prevent sanctions, developing an employment and career development plan, and includes beginning and continuing participation in work activities in accordance with the employment and career development plan.

16. "Department" means the Arizona Department of Economic Security.

17. "Dependent child" means the same as A.R.S. § 46-101(8).

18. "Disability means a physical or mental impairment that substantially limits one or more major life activities and includes being mentally, physically, or functionally incapable of participating in work activities.

19. "Education directly related to employment" means the same as 45 CFR 261.2(k).

20. "Employment and career development plan" means the document described in R6-10-110, prepared by the participant and the Jobs Program case manager and lists the activities a participant is required to complete, the services to be provided by the Jobs Program, and the referrals made to address barriers to employment.

21. "FAA" means the Family Assistance Administration, an administrative unit within the Department's Division of Benefits and Medical Eligibility responsible for providing TANF Cash Assistance to eligible persons.

22. "Fails to participate" or "failure to participate" means the same as R6-10-123(A).

23. "Family member" means any person who lives in a home with a participant and is related to the participant by blood, marriage, or adoption.

24. "GED" means general education development, which includes a series of five tests that, when passed, demonstrate high school skills equivalency.

25. "Good cause" means one or more of the circumstances listed at R6-10-123(F).

26. "High school equivalency" or "HSE" means equivalent to high school.

27. "Job search readiness assistance" means the same as 45 CFR 261.2(g).

28. Job skills training directly related to employment" means the same as 45 CFR 261.2(j).

29. "Jobs Program" means the Department's employment and training program for work-eligible individuals in an assistance unit receiving TANF Cash Assistance authorized by A.R.S. § 46-299. The Jobs Program is also available to program participants who lose eligibility for TANF Cash Assistance and meet the conditions of R6-10-121 or R6-10-126.

30. "Non-core activity" means a work activity that counts toward the work requirement only after the participant completes the required number of hours in core activities at 45 CFR 261.31 through 261. 35.

31. "On-the-job training" or "OJT" means the same as 45 CFR 261.2(f).

32. "Participant" means a work-eligible individual selected to participate in the Jobs Program.

33. "Permanent disability" means a physical or mental impairment that substantially limits one or more major life activities and includes being mentally, physically, or functionally incapable of participating in work activities that is expected to last for the life of the individual.

34. "Program Administrator" means the Department employee who administers the Jobs Program.

35. "Sanction" means a reduction or termination of TANF Cash Assistance consistent with A.R.S. § 46-300, for all families, except TPEP families, who fail to participate in the Jobs Program without good cause or demonstrate compliance.

36. "Satisfactory attendance in high school or equivalent" means the same as 45 CFR 261.2(l) and A.R.S. § 46-299(C)(1).

37. "Services" means the same as A.R.S. § 46-101(21).

38. "Service provider" means an entity that is responsible for providing services to participants. This includes Jobs Program staff, an agency or organization, public or nonprofit, or a person awarded a grant or contract by the Jobs Program to provide services to participants.

39. "Single custodial parent" means an unmarried custodial parent.

40. "Specialized assessments" means a medical assessment or a psycho-social assessment to determine a participant's functioning level and ability to participate in work activities.

41. "Subsidized employment" means paid employment in the public or private sector or any other organization that receives a subsidy from TANF Cash Assistance or other public funds to offset the cost of wages and benefits paid by the employer, as described at 45 CFR 261.2(c) and (d).

42. "Supplemental payment" means an amount paid by the Department to a participant when the individual engages in work activities, subject to the Fair Labor Standards Act (FLSA), for more hours than the monthly TANF Cash Assistance benefit amount, plus the monthly Nutrition Assistance allotment, divided by the federal or state minimum wage, whichever is higher. Work experience and community service activities are generally subject to the FLSA.

43. "Support services" means specific services and goods paid with TANF-funded program dollars to help the Jobs Program engage participants in work activities, accept and maintain employment, and successfully make the transition from welfare dependence to financial independence through working.

44. "TANF Cash Assistance" means the state Temporary Assistance for Needy Families program established by 42 U.S.C. § 601 et. seq.

45. "Teen custodial parent" means a parent age 13 through 19 years, who is caring for that parent's own child.

46. "Temporary disability" means a physical or mental impairment that substantially limits one or more major life activities and includes being mentally, physically, or functionally incapable of participating in work activities that is not expected to last for the life of the individual.

47. "TPEP" means the Two-Parent Employment Program as defined at A.A.C. R6-12-101(93).

48. "Unavailable child care" means that:

a. The location of a child care provider is at a distance that requires a one-way travel time by vehicular transportation equal to or greater than one hour, measured from the participant's residence to the child care provider and then to work, or if walking, a distance that requires a one-way travel time equal to or greater than 1/2 hour, measured in the same manner;

b. Child care providers do not have available slots or vacancies;

c. Child care providers cannot provide services to a child with a disability who has special needs;

d. Child care providers related to the child are unavailable or unwilling to provide care;

e. Child care is available through a non-relative provider, but the provider is unwilling to apply for DES certification; or

f. A child age 13 or older requires adult supervision:

i. Due to a disability, which includes mental health or other health-related issues;

ii. Because the child would be harmful to himself, herself, or others if left alone; or

iii. Because the child is on court-ordered probation that requires the child to remain in the home or under house arrest.

49. "Unsubsidized employment" means full- or part-time employment with wages that meet FLSA requirements and meet or exceed the state minimum wage requirements, with the exception of self-employment, in the public or private sector that is not subsidized by TANF Cash Assistance or other public programs, as described at 45 CFR 261.2(b).

50. "Unsuitable child care" means that child care is available through a provider, but the participant declares in writing that the provider is unsuitable based on factors, such as the following. The provider:

a. Has a history of child neglect or abuse;

b. Is experiencing domestic violence;

c. Has a history of serious crime;

d. Has a history of substance abuse;

e. Has an emotional, mental, or physical condition that prevents the provider from providing safe care;

f. Resides in a home that is unsafe for children; or

g. Possesses similar attributes that render the provider unsuitable to furnish child care services.

51. "Verification" means any documentation that substantiates an individual's claim.

52. "Vocational educational training" means the same as 45 CFR 261.2(i).

53. "Volunteer" means an individual who is excluded from work requirements under R6-10-107 or temporarily deferred from work requirements under R6-10-108 and chooses to participate in the Jobs Program.

54. "Wages" means hourly pay for employment, including tips, and meets or exceeds the state minimum wage.

55. "Withholding" means retention of semi-monthly TPEP Cash Assistance payments for parents who participate in TPEP and who fail to participate or comply with Jobs Program requirements without good cause.

56. "Work-eligible individual" means an adult or minor child head of household receiving TANF Cash Assistance, or a non-recipient parent living with a child who receives TANF Cash Assistance, unless the individual is:

a. A minor parent and not the head of household or spouse of the head of household;

b. An individual who is ineligible to receive assistance due to the individual's immigration status;

c. A recipient of Supplemental Security Income, unless the recipient is employed and meeting the federal work participation rate; or

d. A parent otherwise mandated to participate in work activities who is providing care for a family member with a disability living in the home if the need for such care is supported by medical documentation.

57. "Work activities" means the same as A.R.S. § 46-101(27).

58. "Work experience" means the same as 45 CFR 261.2(e).

59. "Work requirement" means the minimum number of hours required for a Jobs Program participant to participate in work activities as a condition of eligibility for TANF Cash Assistance pursuant to 45 CFR 261.31 through 261.35.

Ariz. Admin. Code § R6-10-101

Adopted effective January 10, 1977 (Supp. 77-1). Amended effective July 27, 1983 (Supp. 83-4). Section repealed, new Section adopted effective June 6, 1995 (Supp. 95-2). Section repealed; new Section adopted effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Amended by final rulemaking at 11 A.A.R. 5371, effective January 14, 2006 (05-4). Amended by final rulemaking at 25 A.A.R. 3236, effective 12/7/2019.