10-144-607 Me. Code R. § 3

Current through 2024-51, December 18, 2024

Section 144-607-3 - PARTICIPATION, PARTICIPANT PERFORMANCE REQUIREMENTS, PARTICIPANT SATISFACTORY PROGRESS, PROGRAM PERFORMANCE REQUIREMENTS, SCHEDULING APPOINTMENTS

Summary. This Section contains the federal and state requirements for participation in ASPIRE-TANF, and satisfactory progress determinants. This Section includes appointment scheduling procedures.

I.PARTICIPATION

A. The ASPIRE-TANF Program is a program for TANF recipients designed to provide participants with the necessary educational skills and training leading to employment. Title IV, Part A of the Social Security Act, as amended in 1996 by the Personal Responsibility Work Opportunity Reconciliation Act (PRWORA) and in 2005 by The Deficit Reduction Act (DRA) requires, where resources permit that TANF recipients, who are determined to be Work Eligible Individuals participate in an education, training or employment program. Work Eligible Individual means an adult, or a minor child who is a head of household, receiving assistance under TANF or a separate State program, who is not otherwise exempted from participation requirements. Recipients may be exempted from participation when permitted under State law in accordance with the Maine Public Assistance Payments Manual by the Office for Family Independence.

B. The OFI Eligibility Unit is responsible for determining whether a TANF recipient is exempt from participation. TANF recipients who are otherwise exempt may volunteer to participate in the ASPIRE-TANF Program. The OFI Eligibility Unit is, therefore, responsible for assuring that both mandatory and volunteer participants are appropriately referred to the ASPIRE-TANF Unit.

II.PARTICIPANTS PERFORMANCE REQUIREMENTS

A.All ASPIRE-TANF Households

1. In order to meet federal work requirements, all TANF Work Eligible Individuals are required to participate in the ASPIRE-TANF program when funding is available, unless exempted from participation by the TANF eligibility worker for one of the following reasons:

a. An applicant or recipient who is the only custodial parent or caretaker relative of a child under one year of age and is personally providing care for that child, except that this exemption may be claimed for no more than a total of twelve (12) months per custodial parent or caretaker relative in a lifetime. An applicant or recipient may elect not to claim the exemption and if the recipient does not elect this exemption, he or she must participate in ASPIRE-TANF and comply with the requirements of the program.

1. Parents and caretaker relatives under twenty (20) years of age who have not completed high school or its equivalent may not claim this exemption, and they must attend courses to complete high school, with an emphasis on education in a traditional high school setting.

b. A recipient who is a child in the assistance unit;

c. An applicant or recipient who is a VISTA volunteer under the federal Domestic Volunteer Service Act of 1973;

d. An applicant or recipient parent or caretaker relative who is needed in the home to care for a disabled family member living in the household, provided that the disabled family member is not a full-time student. The need for the TANF-PaS recipient to care for the disabled family member must be verified at least every six months through statements by an acceptable medical or mental health source.

e. An applicant or recipient parent or specified relative who receives Social Security Disability Insurance (SSDI) benefits;

f. An applicant or recipient parent or specified relative who receives Supplemental Security Income (SSI).

2. TANF individuals may be exempted from participation in accordance with TANF Chapter II, Maine Public Assistance Manual, 10-144 C.M.R., Chapter 331, by the Office for Family Independence, in addition to the reasons set forth above.

3. Component activities may be combined to reach the number of hours of program participation required by ASPIRE-TANF.

4. Education, training and treatment is limited to a maximum of 24 consecutive months starting with the first day of participation in ASPIRE-TANF in any allowable and approved job skills or occupational skills training activity. The 24-month period may be extended by the Commissioner or the designee of the Commissioner for Good Cause shown. The participant must make all reasonable efforts to complete the education or training program within the normal time frames prescribed by the institution for completion.

EXCEPTION. Maximum of 24 consecutive months does not apply to the Parents as Scholars Program, described in Section 16.

However, ASPIRE-TANF recognizes that there are often circumstances such as a necessary change in program, family or personal problems, inability to carry a full course load and other factors which may prohibit timely completion. Therefore, if there is Good Cause ASPIRE-TANF will permit participants 1.5 times the normally expected time period for completion of the education or training program, up to the 24-month time limit. Extensions beyond the 24 month period require the approval of the Commissioner of DHHS, or the designee of the Commissioner.

5. The Department may approve a job skills or occupational training activity longer than 24 months provided the participant agrees to perform a minimum of thirty (30) hours a week of work site experience by no later than the end of the 24-month period. (NOTE: See section 16 for requirements for the PaS Program.) Qualifying work site experience may include, but is not limited to, unsubsidized employment, subsidized employment, Field Training, On-The-Job Training, Community Service activities, work study, training-related practicums or any other such work site approved by the Department. The 24-month period does not include periods of non-activity in which Good Cause has been determined.

6. The number of hours that a household can be required to participate in work experience and community service activities is determined by dividing the household's TANF and Food Supplement benefits by the state or federal minimum wage, whichever is higher, as described in Section 11. If the total is less than the minimum number of hours required by federal and/or state law, the difference will be made-up involving the participant in non-work activities, such as skills training or remedial education.

B.ASPIRE-TANF One Parent Households

1. Single parents receiving TANF who are considered job-ready, and whose children are 5 years of age or older, must participate in individual or group job search, depending on their needs and the resources of the local ASPIRE-TANF offices.

2. A participant who is the single custodial parent or caretaker relative of a child under age 6 will meet work requirements if she or he participates in work activities for at least an average of twenty (20) hours per week.

3. ASPIRE-TANF participants who are Work Eligible Individuals in one parent households will be required to participate in a countable work activity for a minimum of thirty (30) hours per week, unless Good Cause (Section 4, subsection III) has been granted by the program for fewer hours of participation or non-participation, or the ASPIRE Specialist determines that one or more of the following three activities are appropriate for some or all of the hours beyond twenty (20): job skills training directly related to employment; education directly related to employment; and satisfactory attendance at secondary school or in a course of study leading to a certificate of general equivalence.

C.Teen Parents

1. ASPIRE-TANF Teen Parents (under age 20)have additional performance requirements under this section, subsection II(1)(a). These are:

a. A custodial parent under 20 years of age who is a recipient of TANF and has not completed high school or its equivalent must participate in the ASPIRE-TANF Program regardless of the age of the youngest child and attend courses to complete high school, with an emphasis on education in a traditional high school setting.

D.ASPIRE-TANF Two Parent Households

1. TANF two parent family members who are job ready must participate in individual or group job search depending on their needs and the resources of the local ASPIRE-TANF office.

2. Participation requirements for two parent families are regulated by State and Federal law.

State law requires each parent to participate in work activities in accordance with the Title IV, Part A of the Social Security Act as amended in 1996 by PROWRA and in 2005 by the DRA.

Exception: in two parent families where eligibility is based on the incapacity of one of the parents, the family will be subject to the work participation requirements under II. A of this Section, excluding numbers 1.a. and 5 in that Section, as those only apply to households where there is only one parent present.

Federal law requires parents in families in which federal funds are being used to pay for child care to participate in work activities as described in IV(B)(2)(a) of this Section for a total of 50 hours per week, and also participate in the activities as described in IV(B)(2)(b) of this Section for an additional 5 hours per week.

If Federal funds are not being used to pay for the cost of child care, Federal law requires one or both parents to participate in the work activities as described in IV(B)(2)(a) of this Section for a total of 30 hours per week, and also participate in the activities as described in IV(B)(2)(b) of this Section for an additional 5 hours per week.

Parents in a two parent family, who are under the age of 20 and have not completed high school or successfully completed an equivalent course, will be given the choice of participating in an educational activity directed toward attainment of a high school diploma or its equivalent, in lieu of, or in combination with the work component activity.

III.PARTICIPANTS' SATISFACTORY PROGRESS

A. Participants who enroll in any ASPIRE-TANF activity, (other than ASPIRE-PLUS (OJT) where employer expectations shall apply) must adhere to satisfactory progress requirements. These requirements will be listed on a Training or Work Site Agreement which is considered to be part of the Family Contract Amendment. The requirements include the following:

1. Participating as required by the activity and/or attending classes as scheduled.

2. Reporting to ASPIRE-TANF any situation or circumstance which might affect continued participation in the activity.

3. When applicable, making satisfactory progress in a secondary educational program as defined by the institution or program the participant is attending, which means meeting on a periodic basis of at least once a year a consistent standard based on written policy developed by the institution or program, and approved by the Maine Department of Education and ASPIRE-TANF.

4. For participants attending post-secondary programs, including the Parents as Scholars program, satisfactory progress will include, at a minimum, the participant maintaining a 2.0 grade point average (or its equivalent).

a. If a participant's semester (or its equivalent) or overall grade point average falls below 2.0, a maximum of one probationary semester (or its equivalent) will be permitted to allow the participant the opportunity to meet the 2.0 grade point average.

b. Providing ASPIRE-TANF/PaS with a copy of each class schedule, as it becomes available.

c. Providing ASPIRE-TANF/PaS a copy of the student financial aid award letter, as it becomes available.

d. Providing ASPIRE-TANF/PaS with copies of progress reports, such as grades, as they become available.

5. Providing ASPIRE-TANF/PaS with verification of hours of attendance.

6. If additional satisfactory progress standards are required by the institution, program, training or work site, or by ASPIRE-TANF/PaS, then these will be incorporated into the participant's written Family Contract Amendment. See Section 7, "Family Contract Amendment," for further information.

B. Failure of the participant to meet satisfactory progress requirements will result in the withdrawal of support for the activity and application of sanctions unless there is Good Cause for failing to meet the requirements.

IV.PROGRAM PERFORMANCE REQUIREMENTS

A. Mandatory ASPIRE-TANF program performance for all TANF families.

1. Federal law sets forth work requirements for all TANF families. These include the hours per week that must be worked and the percentage of the overall TANF caseload that the ASPIRE-TANF Program must place in work activities.

Fifty percent (50%) of all TANF families must participate in countable work activities, at least, an average of 3 0 hours each week.

2. The number of hours a TANF recipient is considered participating includes only the time involved in actual scheduled program activities, and not the time spent in traveling to and from the activity, nor the time spent in traveling to and from the child care provider.

3. Allowable ASPIRE-TANF Program work activities to be counted toward hours of work requirement participation and participation rates for all TANF families are as follows:

a. Countable toward the first 20 hours of participation each week are: Unsubsidized Employment - includes "Paid Employment", Self-Employment, On-the-Job-Training, Work Study, ASPIRE Child Care Employment, and Apprenticeship. Subsidized Employment Work Experience - includes Field Training (skills) On-the-Job-Training - On -the-Job-Training is considered to be Unsubsidized Employment Job Search and Job Readiness (6 weeks in any 12-month period - 12 weeks in any 12-month period for States with Needy State status) - Job Search and Job readiness activities include Individual Job Search, Group Job Search, Pre-Vocational (ASPIRE), Pre-Vocation (referred), Substance Abuse/Mental Health Treatment, Field Training (readiness), Placement Assistance, and Job Development. Community Service Programs - Activities include TEMP, and Volunteering. Providing Child Care Services to an Individual Who is Participating in a community service Program. Vocational Educational Training - Activities include Associate's Degree (PaS), BA/BS Degree (PaS), College Courses, Community College Degree (PaS), Community College Certificate, Community College Courses, High School Equivalency (HSE) programs, Adult Basic Education (ABE), English for Speakers of Other Languages (ESOL), Employer Sponsored Training, and Technical/Trades Courses. One hour of study time will be counted toward participation for every verified hour of classroom participation.

b. Countable after the first twenty (20) hours of participation each week: All activities listed in Section 3(IV)(A)(3)(a), plus Job Skills Training Directly Related to Employment - Activities include all activities listed in Vocational Educational Training. Education Directly Related to Employment - Activities include Adult Basic Ed (ABE), English for Speakers of Other Languages (ESOL), Adult Ed (diploma); High School, and high school equivalency preparation.

B. Mandatory ASPIRE-TANF Program Performance for Two Parent families receiving TANF

1. Federal law sets forth additional work requirements for parents in two parent families. Two parent families are defined as TANF families with 2 or more Work Eligible Individuals. These include the hours per week that must be worked, or hours involved in work activities, and the percentage of the two parent population that the ASPIRE-TANF Program must place in work activities.

Ninety percent (90%) of TANF 2-Parent families must be participating in work activities an average of 35 hours each week or 55 hours each week, if child care is a provided service

2. Allowable ASPIRE-TANF Program activities to be counted toward hours of work requirement participation and participation rates for parents in two parent families are as follows:

a. Countable toward the first thirty (30) hours of participation each week: Unsubsidized Employment - includes "Paid Employment", Self-Employment, On-the-Job-Training, Work Study, ASPIRE Child Care Employment, and Apprenticeship. Subsidized Employment Work Experience - included Field Training (skills) On-the-Job-Training - On-the-Job-Training is considered to be Unsubsidized Employment Job Search and Job Readiness (6 weeks in any 12-month period - 12 weeks in any 12-month period for States with Needy State status) - Job Search and Job Readiness activities include Individual Job Search, Group Job Search, Pre-Vocational (ASPIRE), Pre-Vocational (referred), Substance Abuse/Mental Health Treatment, Field Training (readiness), Placement Assistance, and Job Development. Community Service Programs - Activities include TEMP, and Volunteering. Providing Child Care Services to an Individual Who is Participating in a community service Program. Vocational Educational Training - Activities include Associate's Degree (PaS), BA/BS Degree (PaS), College Courses, Community College Degree (PaS), Community College Certificate, Community College Courses, High School Equivalency (HSE) programs, Adult Basic Education (ABE), English for Speakers of Other Languages (ESOL), Employer Sponsored Training, and Technical/Trades Courses. One hour of study time will be counted toward participation for every verified hour of classroom participation.

b. Countable after the first thirty (30) hours of participation each week: All activities listed in Section 3, (IV)(A)(3)(a); plus Job Skills Training Directly Related to Employment - Activities include all activities listed in Vocational Education Training; and Education Directly Related to Employment - Activities include Adult Basic Ed (ABE), English for Speakers of Other Languages (ESOL), Adult Ed (diploma); High School, and high school equivalency preparation.

V. SCHEDULING PROCEDURES

A. FIRST APPOINTMENT FOLLOWING ORIENTATION TO CREATE FAMILY CONTRACT AMENDMENT (FCA) - ASPIRE-TANF will notify participants in writing of the scheduled appointment for an Assessment. The notice will indicate the date and time of appointment, and will indicate the participant's rights and responsibilities on the reverse side. The letter will state that if unable to attend, the participant must notify ASPIRE-TANF prior to the appointment date.

B. If the participant fails to appear for the appointment, and fails to provide the ASPIRE-TANF office on or before the date of the appointment with Good Cause (as determined by ASPIRE-TANF), a Notice of Sanction will be sent to OFI to apply a sanction. Please see Section 4, III. for information regarding Good Cause.

C. SUBSEQUENT APPOINTMENTS - After the participant's first amendment to the Family Contract, scheduling for additional appointments may be done at the discretion of ASPIRE-TANF, either by placing the time and date of the appointment on the Family Contract, by sending the participant an appointment letter, or by orally scheduling the appointment. If the participant fails to appear for the appointment with ASPIRE, or with any of the service providers included in the Family Contract Amendment, and fails to provide the ASPIRE-TANF office on or before the date with Good Cause (as determined by ASPIRE-TANF), steps outlined in Section 3, sub-section V, B, will be followed.

10-144 C.M.R. ch. 607, § 3