16 Del. Admin. Code § 3000-3011

Current through Register Vol. 28, No. 4, October 1, 2024
Section 3000-3011 - Requiring Employment and Training Participation

DSS expects work-eligible adults to participate in either employment or activities related to finding work (e.g. employment and training activities) for the required number of hours twenty (20), thirty (30), or forty (40) hours a week for two (2) consecutive weeks prior to TANF benefits being authorized. The TANF benefit will continue uninterrupted as long as the participation in work or work activities continues for the required number of hours per week (see sections 3006, 3006.1, 30061.1, and 30061.2).

10 DE Reg. 706 (10/01/06)

18 DE Reg. 143 (08/01/14)

3011.1 Employment and Training Requirements

Clients must keep appointments with employment and training staff, cooperate in the development of the Employability Plan, and participate in employment and training activities equivalent to the required weekly amounts.

Clients who have secured employment are expected to continue employment unless they have good cause for terminating a job (see Good Cause definition under 3001 Definitions) and participate in approved employment and training activities.

Parents are expected to cooperate with school officials and other service providers in helping their child(ren) maintain satisfactory attendance. Penalties can be imposed if parents do not cooperate. Parents with children under age 16 are expected to exert more influence over their children since early school attendance is so important in moving children down the path to self-sufficiency. (See section DSSM 3009 and 3012 for requirements and sanctions related to cooperation to ensure school attendance by children 16 and over and children under the age of 16.

10 DE Reg. 706 (10/01/06)

3011.2Sanctioning For Not Meeting Employment and Training Requirements

This policy applies to cases in which one or more parents are required to participate in TANF employment and training activities.

1. The TANF Case Is Sanctioned When A Parent Does Not Complete Their Required Hours.

Each week clients are required to engage in and verify their participation in assigned employment and training activities. The TANF case is sanctioned when a client does not complete the required hours or does not submit the required verification of their hours for any week. The sanction known as a Full Family Sanction or Self-sufficiency Sanction is closure of the TANF case until the sanction is cured or the parent becomes exempt from employment and training requirements.

2. The TANF Case Is Sanctioned When A Needy Non-Parent Caretaker Does Not Complete Their Hours.

Each week clients are required to engage in and verify their participation in assigned employment and activities. The TANF case is sanctioned when a needy non-parent caretaker does not complete the required hours or does not submit the required verification of their hours for any week. The sanction is removal of the caretaker from the grant until the sanction is cured or the caretaker becomes exempt from employment and training requirements.

10 DE Reg. 706 (10/01/06)

18 DE Reg. 143 (08/01/14)

3011.2.1Sanctioning When Child Care Is Not Available

This policy applies to TANF cases with a single custodial parent caring for a child under age six and the parent is required to participate in TANF employment and training activities.

1. A Parent Who Is Unable To Obtain Child Care Is Not Sanctioned

A Full Family Sanction is not applied to a TANF case when the parent demonstrates that child care is not available.

2. A Parent Must Demonstrate Child Care Is Not Available.

Credible evidence of any one of the following conditions demonstrates that child care is not available.

a. Appropriate child care is unavailable within a reasonable distance from their home or work. Reasonable distance is defined as care that is located in proximity to either a parent's place of employment or the parent's home; generally care that is with in ten (10) miles of either the home or work.
b. Informal child care by a relative or under other arrangements is unavailable or unsuitable. Informal care is considered unsuitable if the care would not meet the physical or psychological needs of the child.
c. An appropriate and affordable formal child care arrangement is not available.

Affordable care is defined as care that would provide access to a full range of child care categories and types of providers; appropriate care is care that meets the health and safety standards as defined by State licensing guidelines, as well as the needs of the parent and child.

3. A Parent Must Report That Child Care Is Not Available Within Ten (10) Days.

Parents who claim an inability to obtain needed child care must contact a DSS worker to press their claim. Parents have ten (10) days, either from the date when they first attempted to find child care or ten (10) days from the date DSS instructed them to participate in work activities.

4. DSS Will Decide On A Parent's Claim Of Child Care Unavailability Within Twenty (20) Days.

DSS staff have twenty (20) days to review and decide whether the parent's claim that child care is not available is legitimate. If DSS determines that the parents did not demonstrate their claim, DSS will impose applicable sanctions if the family has not met the employment and training requirement. DSS workers will document in the client's record the client's claim and their legitimacy determination.

5. Families Are Not Exempt From Time Limits

While a parent may not be sanctioned as a result of child care being unavailable, the parent is not exempt from the TANF time limits.

18 DE Reg. 143 (08/01/14)

3011.3Curing a Full Family Sanction

This policy applies to TANF cases that have been sanctioned as a result of not meeting the TANF requirements for employment and training.

1. Mandatory Employment And Training Participants Must Work With An Assigned Vendor.

To cure the sanction clients must work with an assigned employment and training vendor. The vendor will develop a plan with the client that specifies the weekly activities and hours the client must complete to be in compliance with the TANF program. Based on family composition clients are generally required to complete twenty (20), thirty (30), or forty (40) hours per week of approved activities.

2. Clients Must Complete Four (4) Consecutive Weeks Of Participation.

To cure the Full Family Sanction clients must complete and submit required verification of their required activities and hours to the employment and training vendor. They must complete four (4) consecutive weeks of full participation.

For the TANF program purposes a week is a seven (7) day period which begins on Monday and ends on Sunday.

3. The TANF Case Reopens At The Beginning Of The Four (4) Week Cure Period.

When the TANF family has remained technically and financially eligible for TANF during the cure sanction period, once the requirement of four (4) consecutive weeks of full and verified participation has been completed the TANF case will reopen effective the first day of the four (4) week cure sanction period.

16 Del. Admin. Code § 3000-3011

18 DE Reg. 143( 8/1/2014) (Final)