395 Neb. Admin. Code, ch. 10, § 003

Current through September 17, 2024

Section 395-10-003 - ELIGIBILITY REQUIREMENTS

In order to participate in Bridge to Independence, the following elements of eligibility must be met:

(A) Individual eligibility as established by Neb. Rev. Stat. § 43-4504 and the requirements of this chapter;

(B) United States Citizenship or lawful presence as established by this chapter;

(C) Educational or employment conditions;

(D) Placement and living arrangement; and

(E) Voluntary Services and Support Agreement.

003.01CITIZENSHIP REQUIREMENTS. In order to participate in Bridge to Independence, a young adult must be a citizen of the United States or a qualified alien as defined in the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA). When a non-citizen applies for Bridge to Independence the applicant's qualified alien status must be verified through the Systemic Alien Verification for Entitlements (SAVE) program operated by the Citizenship and Immigration Services. At the time of application, the young adult making the application must sign a Department approved attestation form, confirming citizenship or qualified alien status.

003.02NEBRASKA RESIDENT REQUIREMENT. In order to participate in Bridge to Independence, a young adult must be a resident of Nebraska. The Department will determine whether a young adult is a Nebraska resident using the criteria set forth in this section.

003.02(A)LIVING IN NEBRASKA. A young adult living in the state of Nebraska voluntarily with the intent of making Nebraska his or her home will be considered a Nebraska resident.

003.02(B)LIVING OUTSIDE NEBRASKA. A young adult living outside the state of Nebraska may be deemed to be a Nebraska resident if the young adult:

(i) Is temporarily absent from the state as the result of enrollment in post-secondary Education, a trade school, or the Job Corps, and the young adult intends to return to Nebraska when the purpose of the temporary absence has been accomplished;

(ii) Is a member of the United States Armed Forces and he or she is stationed in a state other than Nebraska and the young adult does not claim the other state as his or her residence for voting or tax purposes;

(iii) Prior to age 19, was placed in another state by the Department or probation as part of a court proceeding filed under the Nebraska juvenile code and the young adult has continuously lived in the state where he or she was placed by the Department or probation; or

(iv) Prior to age 19, was living in the State of Nebraska when a Federally Recognized Indian Tribe obtained jurisdiction over the young adult due to child abuse or neglect and, prior to the Federally Recognized Indian Tribe's age of majority, the young adult was placed outside of the State of Nebraska by a court order issued by that Tribal Court.

003.02(C)EXCEPTION. A young adult who was a Nebraska resident but was placed outside Nebraska pursuant to the Interstate Compact for the Placement of Children (ICPC) is not subject to the residency requirement.

003.02(D)DETERMINATION OF INTENT. A young adult's intent to make Nebraska his or her home will be evaluated by the Department. The Department may consider whether the young adult has a Nebraska driver's license, a motor vehicle registration in Nebraska, owns or leases property in Nebraska or another state, or has accepted employment in Nebraska or another state.

003.02(D)(i)INCAPABLE OF INDICATING INTENT. A young adult is considered to be incapable of indicating intent if documentation from a medical or mental health professional indicates that the young adult is not capable of indicating intent.

003.02(D)(ii)RESIDENCY DETERMINATION. A young adult who is incapable of indicating intent is considered to be a resident of the state in which the young adult is living, unless the young adult was placed out of state as part of a court proceeding filed under the Nebraska juvenile code and the young adult has continuously lived in the state where he or she was placed by the Department, in which case the young adult will be considered a resident of Nebraska.

003.03EDUCATIONAL OR EMPLOYMENT CONDITIONS. A young adult must meet at least one of the participation requirements described in this section in order to be eligible for Bridge to Independence:

003.03(A)EDUCATION. To be eligible under the education category, the young adult must have part-time enrollment in a secondary or post-secondary education program.

003.03(A)(i)ENROLLMENT. A young adult who is on semester, summer, or other break, but was enrolled the previous semester and will be enrolled after the break, is considered to be enrolled in school.

003.03(A)(ii)EQUIVALENT PROGRAM. A secondary or post-secondary education program that is equivalent to part-time enrollment may be accepted if agreed to by the Department and the young adult.

003.03(B)EMPLOYMENT. To be eligible under the employment category, the young adult must be employed for at least eighty hours per month. The employment requirement may be satisfied through one or more places of employment, so long as the young adult meets the minimum of eighty hours per month.

003.03(C)BARRIERS PROGRAMS. To be eligible under this category, the following must be met:

003.03(C)(i)PARTICIPATE IN PROGRAM. A young adult must be participating in programs or activities that improve, enhance, or teach job-related skills applicable to the workplace or careers. These types of programs and activities include:

(1) Activities and classroom instruction on career awareness, exploration, and preparation such as those provided through the local workforce centers;

(2) Internships, job shadowing, on-the-job training positions and volunteer projects;

(3) Supported employment;

(4) Apprenticeship programs;

(5) Programs such as Job Corps or other young adult initiatives that improve workplace knowledge and skills;

(6) Enrollment in an education program less than part-time;

(7) Job Search; or

(8) Other programs or activities as agreed to by the Department and the young adult.

003.03(C)(ii)REQUIRED HOURS. A young adult must participate in a program or activity or a combination of programs or activities described in in this section for a minimum of 40 hours a month. Job search activities may account for no more than 20 hours of the 40 hours required each month.

003.03(D)INCAPABLE OF PARTICIPATION. To be eligible under this category, a young adult must be incapable of participating in the education, employment, or barriers program activities set forth in this chapter due to a medical condition.

003.03(E)TRANSITIONING BETWEEN ELIGIBILITY CATEGORIES. If a young adult is no longer engaged in one of the educational, employment, or work-related programs or activities necessary to meet eligibility requirements, the young adult may become eligible under a different category. The young adult must meet eligibility requirements within 30 days or the Department may terminate the young adult from the program.

003.04HOUSING OR LIVING ARRANGEMENT REQUIREMENTS. In order to be eligible for the Bridge to Independence program, a young adult must agree to give the Department continued care and placement responsibility. Young adults participating in Bridge to Independence must reside in one of the following housing or living arrangements that have been approved by the Department:

(i) Licensed foster care facility, licensed group home, licensed child-caring agency, or residential child-caring agency; or

(ii) A supervised independent living setting, which includes:

(1) Single or shared residence, such as an apartment or house;

(2) Host home;

(3) College dormitory or other post-secondary education housing;

(4) Emergency shelter;

(5) Parental home;

(6) Transitional living program;

(7) Military housing or residence;

(8) Other supervised independent living setting approved by the Department; or

(9) Institutions in which a young adult is living voluntarily, including:

(a) Licensed mental health treatment facility;

(b) Licensed substance abuse treatment facility; or

(c) Other Adult Treatment Facility.

003.04(A)SUPERVISED INDEPENDENT LIVING SETTING. A young adult residing in an approved supervised independent living setting must be supervised or monitored by a Department employee a minimum of once every calendar month.

003.04(B)CHANGES IN LIVING ARRANGEMENTS. The young adult must report changes in living arrangements to the assigned Independence Coordinator within 10 business days. To remain eligible for the Bridge to Independence program, the young adult's new living arrangements must be approved by the Department.

003.05VOLUNTARY SERVICES AND SUPPORT AGREEMENT. A young adult must sign a voluntary services and support agreement on a Department-approved form in order to participate in Bridge to Independence. The agreement is not final until it is signed by both the young adult and an authorized Department representative.

003.05(A)AGE AT TIME OF SIGNING. If a voluntary services and support agreement is initially signed when the young adult is under age 19, in order to continue participation in Bridge to Independence, the young adult must re-affirm the voluntary services and support agreement by re-signing it within 30 days after reaching age 19.

395 Neb. Admin. Code, ch. 10, § 003

Amended effective 5/29/2016.

Amended effective 8/19/2023

Amended effective 6/2/2024