3.608.3 Re-engagement and Good Cause

Counties should make every reasonable effort to ensure Individualized Plans are appropriate, achievable, and the most likely strategy to support a client’s long-term economic well-being goals. Good cause for not engaging in Workforce Development can be reported at any time during the current application period and verification is not required to be provided by the client. The county worker shall use the Prudent Person Principle to determine good cause which may be reported by the client in person, virtually, telephonically, or electronically. County workers must enter good cause in the State Benefit Management System within five (5) calendar days. A. There may be instances where a client is unable to comply, such as: 1. Missing a scheduled meeting; or 2. Not participating with the Individualized Plan. In these instances, the county shall send a request to the client to report good cause and provide the client with eleven (11) calendar days to report good cause. B. In general, the Prudent Person Principle is used to determine good cause. At a minimum, good cause for the client may include, but is not limited to: 1. Breakdown in child care arrangements 2. A lack of available and appropriate child care pursuant to a county department's written policy. Colorado Works clients who are caring for a child should be granted good cause if: a. There is not appropriate child care within a reasonable distance from the client's home or work site. b. There is no available or suitable child care. c. There is not appropriate and affordable child care arrangements within the rate structure defined in the approved county child care rate plan. 3. Remotely located without transportation 4. Breakdown in transportation arrangements with no feasible alternative 5. School obligations that frequently necessitate a parent’s or caretaker’s attendance 6. Loss of housing or a housing crisis that might result in homelessness or eviction 7. Medical emergencies, including mental health, substance abuse, or crisis, involving anyone in the household 8. Physical or mental disability or illness of the client or an individual in the client’s care 9. Legal proceedings for the client or other immediate family members 10. Employment issues when layoffs occur, wages are below applicable federal and state minimum wage standards, working conditions present a risk to health or safety, or workers’ compensation protection does not exist 11. Client’s incarceration 12. Jury duty 13. Death of an immediate family member or authorized representative 14. Other situations as determined by the county C. If a client reports good cause criteria for not participating in the Workforce Development program, a sanction or closure will not be imposed. Once good cause is determined, the re-engagement process ends. County departments must follow the state prescribed process for re-engagement to include good cause, re-engagement, sanctioning, and closing a case. D. At the time of the good cause request, a re-engagement appointment shall be sent through the Statewide Automated System and the client shall be provided written notice of the appointment at least four (4) calendar days, but no more than eleven (11) calendar days in advance. The client may provide a written or verbal waiver that written notice of the scheduled appointment is not necessary when the county department is able to conduct the appointment during communication with the client. Notice shall include: 1. The date and time for the appointment 2. The opportunity to reschedule the appointment or make other arrangements in the event of good cause E. If the county department makes contact with the client and good cause is provided, the re- engagement process stops. The Workforce Development worker shall enter a case comment including the date and type of contact into the Statewide Automated System. F. Clients may reschedule their re-engagement appointment prior to the re-engagement appointment. The rescheduled appointment cannot exceed fifteen (15) calendar days from the original re-engagement appointment. G. Timeframes for rescheduling the re-engagement appointment include: 1. The Workforce Development worker shall schedule the new re-engagement appointment within four (4) calendar days of the client’s request to reschedule. 2. The client shall be provided written notice of the rescheduled appointment at least four (4) calendar days, but no more than fifteen (15) calendar days in advance. The client may provide a written or verbal waiver that written notice of the scheduled appointment is not necessary when the county department is able to conduct the appointment during communication with the client. H. If the client attends the re-engagement appointment but does not provide good cause, a sanction will not be imposed, except as outlined below. Once the client attends the re-engagement appointment, the re-engagement process ends. The county or client may request modification of the Individualized Plan as outlined in section 3.608.1.B. When a county determines that there has been exceptional dis-engagement by the client, as evidenced by repetitive or cumulative attendance at re-engagement appointments without reporting good cause, a sanction, as defined in section 3.608.4 may be applied to the grant payment based on state department review. I. If the client misses the re-engagement appointment, there are no attempts to reschedule prior to the scheduled appointment, and the client does not provide good cause, a sanction, as defined in section 3.608.4 will be applied to the grant payment. The following process shall occur: 1. The unsuccessful outcome of the re-engagement attempts shall be documented in the statewide automated system within five (5) working days of the determination by the county worker. 2. A notice of grant payment reduction based on the sanction will be sent according to section 3.609.7. 3. If good cause is provided after the unsuccessful outcome of the re-engagement attempts is entered into the Statewide Automated System, the sanction shall be reversed.