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West Virginia Income Maintenance Manual Chapter 18

West Virginia Income Maintenance Manual Page 45 Chapter 18 WV WORKS Activities/Requirements

The Case Manager makes the decision about the application of a sanction. The case is sanctioned for failure to cooperate with BCSE requirements based on the PRC. If good cause does not exist, the WV WORKS case is referred to BCSE and a sanction is applied. A minor parent (mp), who is included in the payment, must always cooperate for the MP’s included child(ren) or a sanction is imposed, unless good cause exists. An included major parent (MP), or other caretaker, must cooperate for the mp and the MP’s siblings, if any, or a sanction is imposed, unless good cause exists. In addition, an included MP must cooperate for the MP’s included child(ren), as required by BCSE. Failure to comply, without good cause, results in application of a sanction. Failure, without good cause, of either the mp or the MP to meet the cooperation requirements results in one sanction. Failure, without good cause, of both to cooperate may result in two sanctions. However, if there is more than one absent parent for either the mp or the MP, or both, failure, without good cause, results in one sanction for the case. The WV WORKS benefit is sanctioned in the eligibility system. Failure, without good cause, of a Caretaker Relative or Child Only case to meet the cooperation requirements, results in closure of the WV WORKS benefit. Upon reapplication after closure for this reason, the caretaker or parent must demonstrate good cause or agree to cooperate. If an EAP participant fails to meet the cooperation requirements the EAP case would be closed.

Communication between the Case Manager and the Child Support Specialist continues until the case is closed or the child whose parent(s) is absent is removed from the AG. The Case Manager must notify the Child Support Specialist, in writing, of the following: • A good cause determination is being made and the Child Support Specialist comments and recommendations are being requested prior to a final decision. • The participant has requested a Fair Hearing as the result of the Department of Human Services’ (DOHS) finding that good cause for non-cooperation is not established. • Should the Case Manager become aware of information which could help the Child Support Specialist in obtaining support, this information must be shared.