Ariz. Admin. Code § 6-10-108

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

Section R6-10-108 - Temporary Deferrals

A. The Jobs Program shall determine whether to temporarily defer a participant from engaging in work activities under A.R.S. § 46-299(A) and this Section.

1. The Jobs Program shall determine the length of time that a participant is temporarily deferred based on the information in this Section.

2. The Jobs Program shall obtain verification that certifies that the participant is mentally or physically incapable of engaging in work activities or employment due to a circumstance established under this Section.

B. The Jobs Program shall defer a participant with a temporary or permanent disability. A participant with a temporary or permanent disability may opt to participate and receive a reasonable accommodation to facilitate participation. The Jobs Program shall not request a sanction under R6-10-124 if the participant is then subsequently unable to participate due to the disability.

C. The Jobs Program shall accept verification of a temporary or permanent disability from a participant that has been provided by an acceptable medical source. The Jobs Program shall assist the participant in obtaining verification of a temporary or permanent disability when a participant is experiencing difficulty with obtaining such verification. A medical statement shall include:

1. Employment limitations, including the extent and duration of any limitation;

2. A specified period of disability;

3. A prognosis of disability;

4. A statement of any reasonable accommodation that may enable a participant to work or participate; and

5. The date by which reexamination or reevaluation is recommended.

D. The Jobs Program shall temporarily defer a participant from work activities if the participant or the participant's child is a victim of domestic violence.

1. The Jobs Program shall grant a temporary deferral for domestic violence if:

a. Participation in the Jobs Program threatens the safety of or, in the perception of the participant, causes an immediate threat of physical, mental, or emotional harm to the participant, the participant's child, or any child living with the participant; or

b. Due to domestic violence, the participant has been physically or emotionally harmed to such an extent that the participant is incapable of participation in the Jobs Program.

2. The Jobs Program shall provide a participant who is a victim of domestic violence with:

a. A deferral from Program requirements, under A.R.S. § 46-244 and this rule, for a period of time that will enable the participant to safely participate in work activities. The maximum deferral period is six months. The Jobs Program may grant additional deferrals consistent with A.R.S. § 46-299; and

b. A referral to appropriate and available services.

3. A participant who requests a deferral due to domestic violence shall provide the Jobs Program with verification of domestic violence. The Jobs Program shall accept the following as verification of domestic violence:

a. A written statement from the participant;

b. Police reports;

c. Court records;

d. Medical records indicating the presence of domestic violence;

e. Physical evidence of domestic violence;

f. Documentation from a domestic violence shelter staff, an attorney, clergy, medical or other professional from whom the participant has sought assistance regarding domestic violence;

g. A statement from the Arizona Department of Child Safety that substantiates domestic violence exists within the participant's home;

h. Other documentation, such as news stories from television, newspaper, or radio; or

i. Other corroborating evidence, such as a statement from another individual with knowledge of the circumstances that provide the basis for the claim.

E. The Jobs Program shall temporarily defer a participant who is a single custodial parent less than age 18 and personally caring for a child less than 12 weeks of age.

F. The Jobs Program shall temporarily defer a participant who is a single custodial parent or a caretaker relative personally caring for a child less than one year of age, for no more than 12 months in the participant's lifetime, unless the participant is a teenaged custodial parent who does not have a high school diploma or HSE diploma.

G. The Jobs Program shall temporarily defer a TPEP parent if the parent has a temporary disability or illness that is expected to last less than 30 days, as verified by an acceptable medical source. If the disability is expected to last more than 30 days, the family is not a TPEP family and shall have eligibility for TANF Cash Assistance determined as an assistance unit with deprivation due to the parent having a disability.

Ariz. Admin. Code § R6-10-108

Adopted effective Jan 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 and renumbered from R6-10-106 by final rulemaking at 25 A.A.R. 3236, effective 12/7/2019.

The following Section was repealed and a new Section adopted under an exemption from the provisions of A.R.S. Title 41, Chapter 6, pursuant to Laws 1997, Ch. 300, § 74 (A). Exemption from A.R.S. Title 41, Chapter 6 means the Department did not submit notice of proposed rulemaking to the Secretary of State for publication in the Arizona Administrative Register; the Department did not submit these rules to the Governor's Regulatory Review Council for review and approval; and the Department was not required to hold public hearings on this Section.