016.20.00 Ark. Code R. 015
On August 5, 1997, the President signed the Balanced Budget Act Of 1997. This legislation amended certain Temporary Assistance for Needy Families Program (TANF) provisions of the Social Security Act and authorized the Secretary of Labor to provide Welfare-to-Work (WtW) grants to States and local communities for employment assistance to move the hard-to-employ TANF welfare recipients into unsubsidized jobs and economic self-sufficiency. The amendments made by the Balanced Budget Act of 1997 were further amended by the Welfare-to-Work and Child Support Amendments of 1999.
The objective of the WtW grant program is to provide additional resources to target hard-to-employ welfare clients and non-custodial parents within the State. The WtW legislation specifically includes certain non-custodial parents of TANF minor children. A non-custodial parent means a parent who is absent from the TEA child's household. (See TEA 3621 for more information regarding non-custodial parents.)
WtW activities must be coordinated with those undertaken through TANF. The WtW regulations provide the States and local governments with broad discretion to design and implement programs that meet the needs of the hard-to-employ clients in the individual States.
Although the WtW program is a part of the Arkansas TEA State Plan, the Employment Security Department (ESD) is the administrative agency for the WtW program. The State WtW grant funds are funneled through ESD from the Department of Labor to the local Workforce Investment Area. At the local level, the Workforce Investment Board (WIB) administers the funds. However, because the WtW program is specifically for TANF families, close coordination and collaboration between the County DHS office and the local WIB is necessary for a successful program. The procedures described in the following sections are intended to be used as a basis on which to build an effective and coordinated WtW process at the local level.
In addition to the WtW formula grants described above, local entities may apply to DOL for a WtW competitive grant. Although the target population for competitive grants is basically the same as for formula grants (i.e., TANF families or those at-risk of becoming TANF families), competitive grant programs can be somewhat more flexible than the formula grants. Currently, there are only two competitive grantees in Arkansas
- City of Little Rock and Arkansas Enterprises Group in Arkadelphia. County staff in which a competitive grantee is providing services should coordinate directly with the grantee for referral criteria, services provided, and other processes. (See the Welfare-to-Work (WtW) Appendix for a list of counties that are served by the competitive grantees and the contact persons for the competitive grantees.)
The federal law specifies certain criteria an individual must meet in order to participate in the WtW program. Not every TEA recipient will meet this criteria. Therefore, a WtW eligibility determination must be made on each individual. The County DHS Office will be responsible for determining WtW eligibility and will certify to the WtW agency that each individual referred meets the WtW criteria.
The WtW legislation targets those TANF (TEA) recipients who will have the most difficulty transitioning into employment. It divides such individuals into two groups:
The WtW regulations mandate that 70% of the funds be spent on participants who are classified as hard-to-employ individuals. The law establishes three different categories of participants who may be served under the 70% provision. In order to participate in the WtW program in the 70% group, a participant must meet one of the following categories.
An individual must meet the following eligibility criteria:
The WtW regulations mandate that no more than 30% of the funds be spent on participants who have long-term welfare dependence characteristics. An individual is eligible in the 30% group if he or she meets the following categories.
An individual must meet at least one of the following eligibility criteria:
has dropped out of school; or
has had a recent teenage pregnancy; or
has a poor work history (NOTE: Poor work history is defined as having worked no more that three consecutive months on the last 12 calendar months.); or
has significant barriers to self-sufficiency, as determined by the local DHS County Office, the WtW agency or the Workforce Investment Board as a long-term dependence characteristic.
Only individuals who meet the WtW Eligibility Criteria will be referred to the local Workforce Investment Board (WIB) for WtW services. TEA recipients who meet one of the categories under TEA policy 3610 or 3615 will be considered as appropriate referrals for WtW services. The TEA Worker will be responsible for determining which TEA recipients are referred for WtW services.
Each DHS County Office should coordinate with the local WtW agency to establish a referral process that will meet each agency's needs. The referral process must include the use of Form DCO-1425 (Referral) and DCO-1426 (Certification). Beyond the use of these forms, however, any other referral and turnaround procedures are at local discretion.
Referrals for WtW services for TEA recipients will be made by completing form DCO-1425 and any other documents agreed upon locally. In addition, the WtW Eligibility Certification form (DCO-1426) will be attached to the referral form. An Employability Assessment and Educational Assessment will be conducted on each TEA WtW client prior to referral for WtW services and copies of those assessments will be attached to the DCO-1426. If the TEA case contains an assessment that was completed within the last six (6) months, then no new assessment will be needed. Any other employment related information already obtained at the time of referral, such as copies of, the Skills Assessment, Employment Plan, Description of Supportive Services Provided/Arranged, or other information (e.g. latest narrative entry, EPU, etc.) will also be attached.
NOTE: Some referrals may not have an Employment Plan since a WtW referral may be made before an Employment Plan is completed.
The WtW agency will use Section IV of Form DCO-1425 to report information regarding WtW activity to the DHS County Office.
Federal legislation allows for non-custodial parents of eligible children and non-TEA custodial parents to receive services provided through the WtW program.
The Office of Child Support will determine the eligibility for the non-custodial parent and will make the referral to WtW for services.
Custodial parents whose income is below the 100% Federal Poverty Level (FPL) are included in the 30% Long Term Dependence Characteristics Group. The DHS County Office will not be responsible for determining eligibility for WtW services for non-TEA custodial parents whose income is below the 100% FPL. However, if such an individual contacts the DHS County Office for services, e.g., applies for TEA Coalition services, the County Office will inform the individual of the services available through the WtW agency. If the individual expresses an interest in these services, a referral will be made to the local WtW agency via form DCO-3350.
Allowable activities under WtW include the following:
Some supportive services (e.g. transportation assistance, child care assistance, substance abuse treatment, etc.) are also available through WtW when otherwise not available. However, if such supportive services are available using TEA funds, the TEA Worker will authorize such services.
Post Employment Services are available under WtW for individuals who have entered employment. The purpose of Post Employment service is to help individuals maintain and/or enhance their employment. Services available may include,
Basic education,
English as a second language,
Occupational skills training, and
Mentoring.
The DHS County Office should ensure that the local WtW agency is aware of the minimum participation requirements for TEA.
When a TEA recipient is engaged in WtW activities, the worker should report the recipient in a TEA activity (e.g. OJT, Work Experience, Subsidized Employment) that appropriately reflects the services being provided by the WtW agency.
Once enrolled by the local WtW agency, DHS will assume that the client is participating satisfactorily unless notified by the WtW agency that the client is not complying. However, follow-up and monitoring procedures will be developed by the local DHS County Office and the local WtW agency to ensure that the TEA Case Manager has sufficient information to determine the client's progress and to accurately report his or her work participation hours.
Non-compliance by a TEA participant will be reported by the WtW agency to the local DHS office. Once failure to comply has been reported, DHS will contact the client to give him or her an opportunity to explain why he or she failed to comply and make a determination of good cause, if appropriate. The procedures outlined in TEA 3500 will be followed for TEA clients who are referred to WtW and fail to comply with program activities.
APPENDIX
WELFARE-to-WORK (WTW) Competitive Grantees
INSTRUCTIONS DCO-1426
Purpose
The DCO-1426 is used by the DHS county office to certify that an individual is eligible for Welfare-to-Work (WtW) services.
Completion
The caseworker will complete the DCO-1426 to indicate in which WtW group and category the individual is eligible. Only the section (70% Group or 30% Group) appropriate to the individual will be completed.
Routing
The completed DCO-1426 will be attached to the DCO-1425 (Welfare-to-Work Referral & Participation Turnaround) and routed to the WtW agency. A copy of the DCO-1426 will be retained in the TEA case record.
016.20.00 Ark. Code R. 015