While a client may not always make a formal request for good cause, they may disclose information to the Case Manager that indicates a possible good cause claim. Case managers are required to explore and thoroughly document potential good cause reasons with the client before a penalty can be requested. If good cause is identified, the FSSP should be updated with another activity that is more appropriate (WSPM 1002).
If the case manager requests a penalty, which may be imposed because no good cause was identified, the ATAP client must make a claim of good cause to resolve the penalty.
Good cause is specific to each type of penalty. For more guidance on Penalties refer to (ATAP MS 723 and WSPM 1007).
There are three specific areas where good cause must be explored:
Failure to attend school (ATAP MS 723-1A);
Not cooperating with CSSD (ATAP MS 723-1B);
Non-compliance with the FSSP or Work Activity requirements (ATAP MS 723-1C).
It is the work services Case Manager's responsibility to explore and consider good cause prior to requesting a penalty. All good cause considerations should be reviewed based on information gathered during the client's Employability Assessment and subsequent contact. If partner agencies are involved with the client, those partners may have additional information available to support or disprove a good cause claim.
1006-3 SUPPORTING A GOOD CAUSE CLAIM
When a client has discussed a situation that may be considered good cause, the Case Manager will support the client in collecting the documentation necessary for explaining good cause to the Eligibility Case Worker who will confirm whether their situation meets the criteria and there is adequate documentation. The Case Manager must notify the appropriate eligibility office as outlined in the (HowWe Process Management Guide, Addendum 18). The Case Manager must include the type of good cause and date it began.
The Case Manager will document in CLNO the conversations and interactions with each client pertaining to their pursuit of self-sufficiency. CLNO documentation of good cause should include relevant information about the situation, household members involved and health or safety related considerations.
CANO documentation is more restricted and should not contain specific details that are not necessary in determining the eligibility of this case.
If good cause exists and no penalty is requested the CLNO will document the good cause and dates it existed:
Examples:
Martha's FSSP has expired. The case manager is not requesting a penalty due to good cause as Martha was in the hospital last week and unable to meet. FSSP development is scheduled for next week 12/3.
Adam's job with My-T-Big Tires has ended effective 11/30. The Case Manager does not recommend a job quit disqualification due to good cause because his wages were reduced.
NOTE: If no penalty has been requested there is no need to document good cause in a CANO unless the client has ended or refused employment and could be subject to a job quit or refusal disqualification (ATAP MS 722).
1006-6 IF GOOD CAUSE DOES NOT EXIST
If good cause does not exist, the Case Manager will include in their request for a penalty that good cause has been considered and how the determination was made that good cause does not exist.
Example CLNO :
Kaylee hasn't attended Job Club and hasn't engaged in Work Search as per her FSSP since 11/5. The Case Manager made 4 attempts to call Kaylee last week (see CLNO s), left messages, and didn't hear back from her. I left a message that I would stop by Kaylee's home and meet with her on 11/26. She told that she doesn't want to look for work right now. We discussed program requirements and explored her options, she says she understands she will be penalized if she doesn't participate in activities and doesn't have good cause. Requested penalty as per HowWe Process Management Guide procedure.
Example CANO :
Kaylee hasn't attended Job Club and hasn't engaged in Work Search as per her FSSP since 11/5. Did home visit 11/26 and no good cause was found. Requesting penalty set and sent email 11/27.
There may be times that the client is penalized and later presents good cause information to the Eligibility Case Worker. The Eligibility Case Worker will CANO the information received and their determination of whether the criteria have been met or take action on the case. Good cause requirements can be found in (ATAP MS 723-1 C).
If the Case Manager disagrees with the Eligibility Case Worker's decision, they will discuss, as appropriate, with their supervisor and if necessary, seek guidance from WSTA@alaska.gov.
Domestic violence is a learned pattern of violent behavior and coercive tactics that control the thoughts, beliefs, and conduct of a particular individual (WSPM 1001-5 A).
Good cause determinations due to domestic violence may be applied for different lengths of time. The length of each good cause determination and appropriate activities to resolve the domestic violence situation are determined jointly with the client. The initial good cause determination should not exceed six months, with a review scheduled to discuss the situation with the individual and assess whether an extension is necessary.
When reviewing a good cause decision, examine the individual's current life situation and consider their assessment of the need for an extension and any steps they are taking toward self-sufficiency. Continue to allow good cause if it will ensure the family's safety, or if other circumstances make an extension of the good cause decision reasonable. For example, a victim is recovering from injuries; child custody proceedings are continuing and causing the client to fear for the children's safety, jobs are lost due to harassment, safe housing cannot be obtained in the time allotted, etc.
Not every client disclosing domestic violence will need to be excused for good cause; it is a case-by-case determination. At times, taking part in work activities may help an individual escape the effects of domestic violence. Consider the family's current good cause for reasons of domestic violence.
1006-8 EXEMPTIONS FROM WORK ACTIVITIES (ATAP MS 730-2)
A parent or caretaker relative may be fully or partially exempt from the requirement to participate in work activities. The exemption may be applied at application or at any time during a family's period of eligibility if a change in circumstances also changes the individual's exemption status.
An adult applicant or recipient may be exempt from the requirement to participate in work activities for the following reasons:
Caretaker of baby;
Caretaker of disabled child;
Caretaker of disabled adult;
Medical reasons;
Family hardship;
Lack of childcare;
No childcare funds, or;
No transportation funds.
For a more detailed description of each exemption see (ATAP MS 730-2).
Certain work activity program requirements may be temporarily waived if compliance would:
Endanger a family affected by domestic violence, or;
Interfere with the family's ability to escape domestic violence or its escalation, or;
Unfairly penalize them.
Individuals affected by domestic violence are required to participate in work activities and cooperate with the Child Support Services Division. However, these requirements may be temporarily waived when, in consultation with the individual, it is determined necessary. WSPM 1001-5A discusses the screening process for domestic violence and provides guidance for case management regarding work activity assignment. For policies related to:
Child support, see (ATAP MS 717);
Time limit exemptions, see (ATAP MS 701-3), and;
Good cause for not participating in work activities, see (ATAP MS 723-1).
|
||
|
|
|