Okla. Admin. Code § 340:10-2-3

Current through Vol. 42, No. 7, December 16, 2024

Section 340:10-2-3 - Employability planning

(a)Scope and applicability. The employability planning process begins at intake and continues as long as there are employment barriers or family circumstances that interfere with the participant obtaining and retaining employment. The worker and the participant initiate Form 08TW002E, TANF Work/Personal Responsibility Agreement. While completing Form 08TW002E, the participant provides information regarding his or her work history, education and training, employment interests, child care plan, and transportation and support services needs to help the worker develop an employability plan that addresses the participant's strengths and employment barriers.

(1) Literacy screening is mandatory and must be included as a required Temporary Assistance for Needy Families (TANF) Work activity for participants who have not obtained a high school diploma or high school equivalency certificate and demonstrate a lack of literacy skills.

(2) Per Section 250.52 of Title 56 of the Oklahoma Statutes (56 O.S. § 250.62) and Oklahoma Administrative Code (OAC) 340:10-4-1, TANF recipients undergo substance abuse screening. When a recipient tests positive for an illegal controlled substance, the employment plan includes substance abuse treatment or mental health counseling. The worker includes treatment or counseling until a substance abuse, mental health, or medical professional indicates these supports are no longer necessary.

(3) The participant's identified employment barriers must be addressed on Form 08TW002E. Barriers may include, but are not limited to:

(A) English as a second language,;

(B) learning disabilities,;

(C) physical or mental health;

(D) domestic violence;

(E) lack of transportation;

(F) literacy; or

(G) substance abuse.

(b)Interest and ability assessments. Assessments determine the participant's skills, abilities, and barriers per Section 261.11 of Title 45 of the Code of Federal Regulations (45 C.F.R. § 261.11). The worker includes completion of required interest and ability assessments as a required work activity on the participant's initial employability plan unless the client has a good cause reason not to participate in TANF Work activities.

(1) The use of assessments provides the worker, participant, assessment specialist, and/or community partners with:

(A) an indication of learning disabilities and vision problems;

(B) a measurement of the participant's skills, abilities, interests, and aptitude;

(C) the participant's current academic achievement level; and

(D) meaningful information to create a valid employability plan.

(2) Participants referred for testing are informed how test results are used. Test scores are confidential but may be shared with community partners. To refer the participant for testing, the worker completes and sends Form 08TW003E, Interagency Referral and Information, to the community partner. Participants referred for formal assessments are eligible for participant allowances and child care.

(c)Employability planning. The worker and the participant use the information from the assessment and other relevant information to develop a plan for securing employment per 45 C.F.R. § 261.12 and 56 O.S. § 230.52.

(1) The employability plan:

(A) is a part of the social services plan for the entire family and includes establishing short and long term goals, including specific occupational goals, activities, and services necessary to achieve the goals;

(B) must be realistic and within the participant's ability to achieve;

(C) may include staffing with other community partners for assignment to specific work activities, collaboration with other agencies for services, such as job placement, training, and education, and the provision of social services;

(D) must identify specific needs and activities required to reach the occupational goal and estimated achievement dates; and

(E) may include more than one activity at a time based on the participant's specific needs and available hours.

(2) The worker informs the participant that the employability plan is updated as necessary to account for situational changes.

(3) The worker reviews the employability plan with the participant:

(A) at least every six months;

(B) as changes are made to the employability plan; and

(C) at the completion of any work activity.

(4) Employment plans for employed participants with income insufficient to close the TANF benefit must have a plan designed to upgrade employment. These plans must not interfere with current employment.

(d)Work activities. Participants are assigned to one or more activities and scheduled the required minimum number of hours. The participant signs Form 08TW002E, when a work activity is agreed upon and assigned.

(1) Assignments must be within the scope of the participant's employability plan.

(2) The assignment must be related to the participant's capability to perform the task on a regular basis.

(3) The daily commuting time to and from home to the assigned education, employment, or training site is normally less than two hours. Commuting time does not include the time required to transport a child to and from a child care facility. When longer travel time is normal in the community, the round trip commuting time may not exceed the general community standards.

(4) When the participant needs child care in order to participate in work activities:

(A) the participant chooses the child care provider;

(B) child care must be available during the hours the participant is engaged in any work activity, plus any additional commuting time; and

(C) the participant completes a Child Care Subsidy application and must meet child care eligibility rules per Oklahoma Administrative Code (OAC) 340:40 when subsidized child care is needed.

(5) Assignments that are discriminatory in terms of age, sex, race, color, national origin, disability, and in some cases religion or political beliefs are not permitted.

(6) The assignment site must not be in violation of established and applicable health and safety standards.

(7) The worker does not refer a participant to a work activity unless supportive services necessary for participation are available. The cessation or withdrawal of such services constitutes good cause for refusal to participate.

(8) When the agreed upon employability plan requires hours in excess of the minimum requirement, the participant must participate the agreed upon number of hours

Okla. Admin. Code § 340:10-2-3

Added at 15 Ok Reg 145, eff 11-1-97 (emergency); Added at 15 Ok Reg 897, eff 2-1-98 (emergency); Added at 15 Ok Reg 2616, eff 6-25-98 ; Amended at 16 Ok Reg 2076, eff 6-1-99 (emergency); Amended at 17 Ok Reg 2271, eff 5-1-00 (preemptive); Amended at 18 Ok Reg 2055, eff 7-1-01 ; Amended at 20 Ok Reg 850, eff 6-1-03 ; Amended at 21 Ok Reg 814, eff 5-1-04 ; Amended at 24 Ok Reg 1020, eff 6-1-07 ; Amended at 27 Ok Reg 156, eff 12-1-09 (emergency); Amended at 27 Ok Reg 1173, eff 6-1-10 ; Amended at 30 Ok Reg 338, eff 12-5-12 (emergency); Amended at 30 Ok Reg 634, eff 6-1-13

Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/15/2017

Amended by Oklahoma Register, Volume 41, Issue 8, January 2, 2024, eff. 11/21/2023, exp. 9/14/2024 (Emergency)

Amended by Oklahoma Register, Volume 41, Issue 23, August 15, 2024, eff. 9/16/2024