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.1 A recipient shall be excused from participation in welfare-to-work activities for good cause in accordance with Section 42-713.2, when the CWD determines there is a condition or other circumstance that temporarily prevents, or significantly impairs, the individual's ability to be regularly employed or to participate in welfare-to-work activities.
.11 The CWD shall review the continuing validity of the good cause determination as necessary, but at least every three months.
.12 The individual shall cooperate with the CWD and provide information, including written documentation, as required to complete the review.
.2 Conditions that may be considered good cause for not participating in welfare-to-work activities include, but are not limited to, any of the following:
.21 Lack of necessary supportive services.
.22 The applicant or recipient is a victim of domestic abuse.
.221 CalWORKs Program requirements, including the time limit on receipt of assistance described in Section 42-302, and welfare-to-work requirements described in Section 42-711 may be waived, except as specified in Section 42-715.511, for an individual who is a victim of domestic abuse (as defined in Section 42-701.2(d)(3)) on a case-by-case basis, but only for as long as domestic abuse prevents the individual from obtaining employment or participating in welfare-to-work activities, in accordance with Section 42-715.
(a) The criteria for granting waivers shall include provisions that ensure:
(1) Applicants and recipients who are past or present victims of abuse are not placed at further risk or unfairly penalized by CalWORKs requirements and procedures;
(2) Program requirements are not created or applied in such a way as to encourage a victim to remain with the abuser; and
(3) Participation by CalWORKs recipients in welfare-to-work activities is encouraged, to the full extent of their abilities, including participation in counseling and treatment programs, as appropriate, to enable the recipient to obtain unsubsidized employment and move toward self-sufficiency.
NONLINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY
HANDBOOK BEGINS HERE
(b) Examples which may constitute good cause for waiving program requirements for victims of domestic abuse include, but are not limited to:
(1) The participant is fleeing the abuser and is in temporary housing or is homeless;
(2) The participant has entered a shelter;
(3) The participant is concerned about the safety of his/her children;
(4) The participant is a party to a restraining order or divorce action against the abuser; or
(5) The participant and/or the children are undergoing counseling to cope with the effects of the abuse.
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.23 Licensed or license-exempt child care is not reasonably available during the individual's hours of training or employment, including commuting time, or arrangements have broken down or have been interrupted for the following children:
.231 A child 10 years of age or younger, or
.232 A child 11 years of age or older as described in Section 47-201.22 or .23, or
.233 A child who is in foster care or is an SSI recipient and who is not included in the assistance unit.
.24 Good cause criteria in Section 42-713.23 includes the unavailability of suitable special needs child care for children with identified special needs including, but not limited to, disabilities or chronic illnesses.
.25 For purposes of Sections 42-713.23 and 42-713.24, reasonably available means at least one appropriate, suitable, and affordable child care arrangement that is commonly available in the participant's community to a person who is not receiving aid, that is available to parents during the hours that they are required to participate in county-approved activities or employment, and is within a reasonable distance from the participant's home or work site.
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NONLINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY
.251 Appropriate and suitable child care is child care that meets the needs of the child and the parent, and meets one of the following requirements:
(a) Child care that is licensed for the appropriate age group or special needs category.
(b) License exempt child care that meets Trustline clearance requirements, unless that child care is exempted from Trustline.
(c) Suitable child care provided by the parent, legal guardian, other member of the assistance unit, or an eligible provider as defined by Section 47-260.
(1) Informal child care is unsuitable where the individual(s) providing the care cannot be Trustline registered in accordance with Section 47-600 or who would otherwise be denied payment for child care services that are exempt from licensure, due to a violent felony conviction, in accordance with Section 47-620.2.
.252 Affordable child care is child care where the unreimbursed cost to the family does not exceed the family fees established by the state in accordance with Sections 47-401.7 and .8.
.253 Reasonable distance means the distance customarily traveled by working families in accessing child care services in the community.
.3 An individual shall have good cause for not complying with program requirements if he or she meets the criteria described in Section 42-721.3.
.4 An individual who is excused from welfare-to-work participation for good cause is subject to the 48-month time limit in Section 42-302.
.41 A CWD may waive the 48-month time limit for victims of domestic abuse as provided in Section 42-713.221(a).
.42 Repealed by Manual Letter No. EAS-06-01, effective 4/3/06.
.43 Effective July 28, 2009, any month in which an individual is excused from participation for good cause due to lack of supportive services, as specified in Section 42-713.21, shall not be counted toward the 48-month time limit. This paragraph shall become inoperative on January 1, 2013.
NOTE: Authority cited: Sections 10553, 10554, and 10604, Welfare and Institutions Code. Reference: Sections 11320.3(b) and (f), 11323.2, 11325.23(c), 11454, 11454.2, 11454.5, 11454.5(c), 11495, and 11495.1, Welfare and Institutions Code; 42 U.S.C. 607(e)(2); and 45 CFR 261.15.