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West Virginia Income Maintenance Manual Chapter 14

West Virginia Income Maintenance Manual Page 32 Chapter 14 Work Requirements

14.9 GOOD CAUSE FOR FAILURE TO PARTICIPATE FOR WV WORKS All Work-Eligible Individuals must be placed into an allowable activity described in Chapter 18.10 – 18.18 on approval date after negotiation of the Self-Sufficiency Plan (SSP), unless a good cause reason discussed below exists. The participant must remain in that activity until either the case is closed at the end of the month or the Case Manager and participant agree to change the activity. The Case Manager has considerable discretion in imposing a sanction or granting good cause. The Case Manager must determine whether or not the participant is meeting the requirements, attempting to comply with the best of his ability, understands the requirements, and the sanction process. The Case Manager may determine that the requirement was inappropriate based upon additional assessment. In addition, the Case Manager may determine that not applying a sanction in a particular situation provides more motivation for future participation than the imposition of a sanction. The applicant may not claim good cause for failure to enroll in or complete a substance abuse treatment and counseling program and a job skills program following a positive drug test. Should unforeseen circumstances prevent the applicant from enrolling in a treatment and counseling program within seven business days, the Case Manager may allow additional time to enroll. Individuals who refuse to enroll in a substance abuse treatment and counseling program and a job skills program are ineligible for WV WORKS until enrolled. The Case Manager must determine if good cause exists if a parent or a non-parent caretaker relative included in the payment, or a non-recipient Work-Eligible Individual quits or refuses employment within the 30-day period prior to the date of application or when the client fails or refuses to meet his work requirement and/or adhere to his SSP requirements. Appropriate documentation must be provided, and the circumstances must be recorded in comments, where applicable. Some reasons for granting good cause for temporarily not meeting participation requirements, the beginning date of eligibility, and the 24-month eligibility requirement are life events or problems such as, but not limited to: • The death of a spouse, parent, child, or stepchild. • In accordance with the Family and Medical Leave Act (FMLA) of 1993, an acute, life- threatening illness of a spouse, parent, or child that requires the client’s immediate attention. This does not include individuals who are exempt from participation due to caring for a disabled family member as outlined in Section 14.7. • The 12-week period following the placement of a child with the participant for adoption or foster care.