Section He-W 637.07 - Good Cause(a) Good cause shall exist, pursuant to RSA 167:82, III(c), when: (1) A family experiences a net loss of income or loss of shelter, pursuant to (f) and (g) below; or(2) A family includes an individual who has been battered or subject to extreme cruelty as defined in 42 U.S.C. 602(a) (7) (B) , pursuant to (h) below.(b) Good cause for lack of adequate child care pursuant to RSA 167:82, III(c) (8) shall: (1) Apply for children: b. Over age 13 but under age 18 provided the child's physical or mental condition is such that the child would cause harm to him or herself or to others without supervision;(2) Not include instances where providers refuse to provide child care due to intentional non-payment of child care bills by the individual; and(3) Be considered to exist when the individual provides in writing the claim and the specific reasons why the claim is made that the quality of care from a provider is not adequate as described in (d) (4) below;(c) When the individual claims inadequate child care as identified in (b) (4) above, the individual shall explore other child care providers and options for obtaining adequate child care;(d) Adequate child care, as referenced in (b) above, shall be considered available from those providers who: (1) Have openings and to whom the individual has a means of transporting the children;(2) Are licensed or license exempt;(3) Meet all the qualifications and requirements for providers, contract agencies, or both specified in He-C 6910.18(b) -(d) and meet the definitions at RSA 170-E:2, IV or RSA 170-E:3;(4) Provide care that is representative of the quality of child care provided to other children in the community; and(5) Meet the household's basic requirements for child care, such as providing care during the required hours, or providing special treatment for a handicapped child if necessary;(e) Acceptable verification for a good cause reason for non-participation with NHEP work requirements shall include, but not be limited to: (1) Written verification from a third party pertaining to the individual's medical visits, mandated appointments or other circumstances beyond the individuals' control;(2) A signed, written statement from the individual, under penalty of unsworn falsification pursuant to RSA 641:3, indicating the individual's efforts to contact local agencies to resolve the reason for non-participation; or(3) A signed, written statement from the individual, under penalty of unsworn falsification pursuant to RSA 641:3, indicating the individual's continued efforts to resolve the reason for non-participation.(f) The good cause provision due to net loss of income as identified in (a) (1) above, shall be met when the net income available to a family at the time the offer of employment was made is less than the financial assistance the family received under FANF;(g) Net loss of income shall be calculated as the family's gross income, which shall include, but not be limited to, earnings, unearned income and cash assistance less the total of necessary work-related expenses, such as child care, transportation, and any other mandatory work related expense required by the employer;(h) Individuals who make a good cause claim due to (a) (2) above shall be required to provide the following corroborative evidence to verify the claim: (1) Court, medical, criminal, child protective services, psychological, or law enforcement records or a statement from a social service provider;(2) A written statement from a social worker from a public or private social service agency; or(3) Sworn statements from an individual other than assistance group members with knowledge of the circumstances.(i) Pursuant to 45 CFR 260.52(c) , if the individual is not able to provide corroborative evidence as described in (h) above, the individual shall submit, a signed, written statement, under penalty of unsworn falsification, pursuant to RSA 641:3, that indicates: (1) The existence of the situation in (a) (2) above and that compliance with the work program participation requirements would make it more difficult for the assistance group to escape the situation;(2) That the work participation requirements would unfairly penalize the assistance group which is or has been victimized; or(3) That the work participation requirements would put the assistance group at further risk.(j) Good cause for loss of shelter shall be deemed to temporarily exist for failure to comply with voluntary quit and work-related activities when the individual: (1) Is in immediate threat of eviction;(2) Is living in an abandoned building, place of business, car or other vehicle, or in a place not designed to be, or not ordinarily used as, a regular sleeping accommodation for human beings; or(3) Has provided documentation establishing the existence of an unstable living arrangement that impedes the individual's ability to meet work participation requirements.(k) An individual may make the claim for good cause for non-participation with NHEP work requirements when they indicate that they are, or have previously been, battered or subjected to extreme cruelty as defined in 42 U.S.C. 602(a) (7) (B) , where compliance with normal work program requirements would: (1) Make it more difficult to escape the situation;(2) Unfairly penalize those who are or have been victimized; or(3) Put them at further risk.(l) All good cause decisions shall be made by the department of health and human services considering all available facts and circumstances, including information submitted by: (3) Other agencies providing a NHEP service or activity; and(4) Any other individual with first hand knowledge of the facts, circumstances, or both of the situation.(m) Good cause decisions shall be subject to the administrative appeal process established by He-C 200.N.H. Admin. Code § He-W 637.07
(See Revision Note at Chapter Heading He-W 600) #6446, eff 2-1-97; amd by #7192, eff 2-1-00, amd by #8175, eff 10-1-04; amd by #8269, eff 2-1-05; intro. and paragraphs (d) & (g)-(i) amd by #8740, INTERIM, eff 10-13-06, EXPIRED: 4-11-07; intro. and paragraphs (d) & (g)-(i) amd by #8869, eff 4-19-07; ss by #9104, eff 3-15-08
Amended by, Volume XXXVI Number 14, Filed April 7, 2016, Proposed by #11063, Effective 3/25/2016, Expires 3/25/2026.