Section 17-794.1-37 - Participation(a) The work eligible individual and other work eligible individual shall comply with participation requirements.(b) Participation requirements shall apply to a child aged sixteen to eighteen if the child : (1) Is not a full-time student in a secondary school or a program of an equivalent level of vocational or technical training; or(2) Has completed secondary school or a program of an equivalent level of vocational or technical training.(c) Participation may include:(3) Case management, including: (B) Development and implementation of plans for barrier reduction, support services, and employability, and(4) Other requirements of this chapter.(d) A WEI shall complete the required hours of work activity specified in the employability plan including a minimum number of core work activity hours and other approved work activities as defined in this chapter. (1) The employability plan for a single custodial parent, or single caretaker relative, of a child less than six years of age, shall include a minimum number of work activity hours of twenty hours per week, of which a minimum of twenty hours per week shall be core work activities. The balance of the employability plan work hours can be satisfied with either core work activities or other approved work activities.(2) The employability plan for a single custodial parent, or single caretaker relative, other than those referred to in paragraph (1), shall include a minimum number of work activity hours of thirty hours per week, of which a minimum of twenty hours per week shall be core work activities. The balance of the employability plan work hours can be satisfied with either core work activities or other approved work activities.(3) The employability plan for a family with two WEI with a common child shall include a minimum number of work activity hours for a combined average of thirty-five hours per week, of which a minimum of thirty hours per week shall be core work activities. The balance of the employability plan work hours can be satisfied with either core work activities or other approved work activities. In addition, one of the WEI shall satisfy the conditions of paragraph (2).(4) The employability plan for a family with two WEI with a common child that receives federally funded child care assistance, shall include a minimum number of work activity hours for a combined average of fifty-five hours per week, of which a minimum of fifty hours per week shall be core work activities. The balance of the employability plan work hours can be satisfied with either core work activities or other approved work activities. In addition, one of the WEI shall satisfy the conditions of paragraph (2).(e) For a WEI under twenty years old with no high school diploma or GED, the following may be used to satisfy the core work activity components in their employability plan: (1) Satisfactory attendance at a secondary school or the equivalent during the month; or(2) Education directly related to employment for an average of at least twenty hours per week during the month.(f) For a married WEI under twenty years old with no high school diploma or GED, participation in the work activities described in subsection (d) counts as the greater of twenty hours or the actual hours of participation.(g) For two-parent households where both parents are WEI under twenty years old, the requirements of subsections (b)(3) and (b)(4) are met if both WEI meet the requirements of subsection (e).(h) A WEI shall be considered to have satisfied the minimum number of core work activity hours specified in the employability plan if the WEI participates in a work experience or community service program for the maximum number of hours per week that a state may require, determined by dividing the combination of the family's monthly TANF grant and food stamp allotment by the appropriate minimum wage under the minimum wage requirement of the Fair Labor Standards Act (FLSA) of 1938, 29 U.S.C. §201, et seq., Workforce Investment Act of 1998, 29 U.S.C. §2801, et seq.(i) OWEI shall be required to participate in the FTW program to the extent possible as determined under this chapter and chapter 17-656.1. (1) An OWEI deemed to have a physical or mental impairment, due to substance abuse, under section 17-656.1-10.1 shall participate in the substance abuse treatment services (SATS). (A) The department shall establish an individualized service plan (ISP) for each OWEI participating in SATS.(B) The ISP shall specify the modality of treatment which shall include a planned regimen of professionally directed evaluation, treatment, case management, and other ancillary and special services.(C) The ISP shall include work activities under subchapter 3 if the department determines that it is in the best interest of the participant to engage in work activities concurrently with SATS.(2) An OWEI deemed to be a domestic violence victim under section 17-656.1-20, shall participate in the domestic violence advocacy (DVA) services as provided in section 17656.1-19. (A) An individualized service plan (ISP) shall be established for each OWEI participating in DVA services.(B) The ISP shall specify the necessary DVA services which shall include, but are not limited to, assessment and case management services.(C) The ISP shall include work activities under subchapter 3 if the department determines that it is in the best interest of the participant to engage in work activities concurrently with DVA services.(3) An OWEI determined to have a physical or mental impairment under section 17-656.1-10.1 shall participate in the FTW program to the extent possible as determined under section 17-656.1-10.1(d).(j) All participants in the FTW program shall make good and satisfactory progress or maintain good standing.(k) Failure to make good and satisfactory progress, or maintain good standing, or comply with the minimum number of hours of participation without good cause, as specified under section 17-794.1-40, shall be grounds for: (1) Sanctioning of work eligible individuals by the AFDC program under section 17-656.1-10; or(2) Discontinuing an individual from participating in the FTW program in a two-parent household provided that: (A) The remaining WEI is meeting the participation requirements as described in subsections (b)(3) and (b)(4); and(B) Discontinuance of the individual will not result in the household being unable to meet participation requirements described in subsection (b)(3) and (b)(4).Haw. Code R. § 17-794.1-37
[Eff 6/11/07; am and ren § 17-794.1-37, 1/18/08; am and ren § 17-794.1-37, 6/26/09; comp JAN 16 2012]( Auth: 42 U.S.C. §§601 - 617; HRS § 346-14) (Imp: 45 C.F.R. §§261.31, 261.32, 261.60, and 261.61 )