Good Cause Allowable Reasons for Nonparticipation in JOBS or Tribal NEW 400-19-75-20

(Revised 7/1/2012 ML #3334)

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IM 5422

 

 

(N.D.A.C. 75-02-01.2-103)

 

All nonexempt individuals capable of working or participating in JOBS program activities at any level will not be granted good cause from participation in the JOBS program.  

 

A nonexempt individual who is unable to work or participate at any level may be granted good cause to temporarily postpone the referral to or temporarily excuse the individual from participation in JOBS. However, since most individuals will be able to participate at some level, a very small number of individuals will be granted good cause.

NOTE: A month in which a TANF recipient is granted good cause counts toward the state’s work participation rate. It is imperative that an individual with good cause be referred to the JOBS program as soon as good cause ends.

 

Nonexempt individuals who are granted good cause to temporarily postpone a referral to the Job Opportunities and Basic Skills (JOBS) or Tribal Native Employment Works (NEW) program or who are granted good cause to reduce expectations for their involvement in work activities are always included in the state’s work participation rate. Therefore good cause must be used sparingly.  

 

All nonexempt individuals must participate in the JOBS program unless good cause is granted. Except for good cause due to medical reasons, determinations of good cause are made by the TANF Eligibility Worker. All requests for good cause due to medical reasons must be submitted to State TANF Policy. Once State TANF Policy ensures all necessary information is included with the request, the request will be forwarded to the State Review Team (SRT) for a final decision.

Note: For individuals who have given birth and are not eligible for the Caretaker of a Newborn exemption, the TANF Eligibility Worker may grant good cause for the month of birth and the month following (e.g. The caretaker met the 12-month lifetime limit; the newborn was never added to the TANF case due to death, adoption or placed in Foster Care, etc.).

 

Good cause for failure or refusal to participate in the JOBS or Tribal NEW program exists when:

  1. Incapacitated - The individual is incapacitated with a physical or mental impairment verified by reliable medical evidence which, by itself or in conjunction with age, prevents the individual from working or participating in any JOBS program activity (Refer to N.D.A.C. § 75-02-01.2-103(1)(a));
  1. Temporary Illness - An individual has an illness or injury, verified by reliable medical evidence and reviewed every thirty days, which is serious enough to temporarily prevent entry into employment or participation in any JOBS program activity (Refer to N.D.A.C. § 75-02-01.2-103(1)(c)); or
  1. Child Care Unavail - In the case of a parent or other eligible caretaker relative of a child under age six who is personally caring for the child full-time and who demonstrates an inability to obtain needed child care for one or more of the following reasons (Refer to N.D.A.C. § 75-02-01.2-103(1)(d)):
  1. The commuting time, based on personal vehicle use, from the parent’s home to the child care provider to the parent’s worksite exceeds one hour;
  1. Suitable child care is not available from a relative, from an approved licensed or registered child care provider, or from a child care provider not required to be licensed or registered under NDCC 50-11.1; or
  1. Child care is not available, from a licensed or registered child care provider under NDCC 50-11.1, at a rate equal to or less than 2 (two) times the maximum allowable amount as determined by the Child Care Assistance program for the Provider Type of 'Center'.

All requests for 'good cause' for the reason of 'Child Care Unavail' must be submitted to State TANF Policy for final approval.

  1. Family Violence - A victim of family violence may be granted good cause for non-participation in the JOBS program. (See Section 400-19-75-20-05, Good Cause - Family Violence Option.)
  1. Contractor Limits - Contractor Limit good cause may only be used when the Department determines it is necessary to administratively limit the number of individuals being referred to, or participating in, the JOBS program. The Department will inform counties when and how contractor limit good cause may be used.

 

Using the Decision-Making Principles in Section 400-19-05, Definitions, the TANF Eligibility Worker is responsible to determine if a nonexempt TANF applicant has good cause to postpone the referral to JOBS or Tribal NEW program.

 

Once an individual begins participation in JOBS or Tribal NEW, the JOBS Employment Contractor, Tribal NEW Coordinator, or the TANF Eligibility Worker has the authority to pursue good cause for the individual to temporarily reduce their involvement within the JOBS program or to temporarily excuse them from participation in JOBS.