16 Del. Admin. Code § 8000-8010
The Employment and Training Program is designed to assist clients in preparing for and securing employment. Services are offered by DSS to Refugee TANF and RCA clients through contracts with community agencies to provide employment and training activities.
Refugees will be served via the Refugee Social Services contracts.
The following clients will be exempted from E & T registration:
Set controls to assure that a review is made not later than the stated period of incapacity. If the stated period of incapacity is "indefinite," set the control at the end of six months. When incapacity ends, the client must be referred to the appropriate Refugee Social Services contractor for participation).
Note: The RCA worker will register all clients for Employment and Training at the time of application for RCA benefits. Registration is accomplished through DCIS.
The RCA worker will refer all mandatory and voluntary participants by correctly coding the DCIS document. Clients who must participate will be informed of the penalties for failure to participate (DSSM 8010.4).
Eligibility staff monitor exempt status between redeterminations in the following manner:
| . | Computer lists of persons turning 3 and 65 are reviewed to identify changes in participation status. |
| . | Recipients who lost exempt status are referred to the Employment & Training Program by correctly coding the DCIS document. The Employment & Training staff is responsible for contacting the participant to begin the participation process. |
| . | When a mandatory participant becomes exempt, the DSS worker changes the recipient's Employment and Training participation status through DCIS. |
When an RCA recipient who is a mandatory participant in the Employment and Training Program has been found to have failed or refused without good cause to participate in the program, the individual will be sanctioned.
Failure to participate without good cause is determined by the Social Services Contractor. Good cause for failure to participate in Employment and Training or refusal to accept employment exists when:
| · | The individual is the parent or other relative personally providing care for a child under age three (3) and participation in the program or employment would require such individual to participate or work more than 20 hours per week. |
| · | Child care (or day care for any incapacitated individual living in the same home as a dependent child) is necessary for an individual to participate or continue participation in the program or accept employment and such care is not available and DSS fails to provide such care. |
| · | The employment would result in the family of the participant experiencing a net loss of case income. |
| · | Circumstances beyond the participant's control prevent participation, for example: |
Illness of another household member requiring the presence of the participant; or
Court required appearance; or
Household emergency; or
Unavailability of transportation; or
Inclement weather which prevented travel.
The sanctioned individual's needs will not be taken into account in determining the family's need for assistance. The income, with disregards, and resources of the sanctioned individual will be considered available to the assistance unit.
When the sanctioned individual is the only dependent child in the home, the child is considered a dependent child for the purpose of determining eligibility for the family. The parent/caretaker remains technically eligible for assistance.
For the first occurrence of failure or refusal to participate without good cause, the individual will be sanctioned until the failure to comply ceases. For the second occurrence of failure or refusal to participate without good cause, the individual will be sanctioned for three (3) payment months or until the failure to comply ceases, whichever is longer. For the third and subsequent occurrences of failure or refusal to participate without good cause, the individual will be sanctioned for six (6) payment months or until the failure to comply ceases, whichever is longer.
The Employment Contractor must send a reminder at the end of three (3) months to any individual who has been sanctioned. The reminder will state that the individual has the option:
| · | To end the sanction by participating in the Employment and Training program, if this is the first or second sanction, or |
| · | To end the sanction at the end of six (6) months if this is the third or subsequent sanction. |
The client is notified of the reduction or termination of RCA benefits via the client notices. The notices clearly indicate that benefits are reduced as a result of Employment and Training non-cooperation. The notice also includes the duration of the Employment and Training sanction period.
Individuals who have been Employment and Training sanctioned must reapply at the end of the sanction period and participate in Employment and Training before they can be added to the assistance unit.
When the individual successfully participates in Employment and Training, the sanction will be considered to have ended as of the day she agreed to participate or the sanction period ends whichever is later.
The Social Services provider will have thirty (30) days to determine whether or not the individual is participating.
EXAMPLE: Ms. X began her second sanction on August 1. Ms. X reapplies for RCA on November 1. She brings all necessary verifications to the November 1 interview and she states she is willing to participate in Employment and Training. On November 18, the Contractor notifies the RCA worker that Ms. X is added to the RCA grant effective November1.
16 Del. Admin. Code § 8000-8010