2009 Louisiana Laws TITLE 46 Public welfare and assistance :: RS 46:231.7 Education, employment, and related services for fitap participants; responsibilities of the secretary

§231.7.  Education, employment, and related services for FITAP participants; responsibilities of the secretary, agencies, and participants

A.(1)  The department shall develop and implement STEP as the employment program for work-eligible recipients of cash assistance. The Louisiana Workforce Investment Council shall collaborate with the department to identify and coordinate employment services offered through STEP.  Such services shall be provided through the use of performance-based contracts.  The services shall include but not be limited to:

(a)  Job readiness and job preparation and job search.

(b)  Workplace literacy and related assessments.

(c)  Applicable skill-based training, employer-based training, and other employment activities designed to meet the needs of Louisiana employers with a preference towards demand occupations.

(2)  The Louisiana Workforce Investment Council shall coordinate the provision of services utilizing, to the extent possible and when applicable, the Louisiana Workforce Commission, one-stop services centers, Louisiana Community and Technical Colleges System and the Department of Education adult literacy and community-based organizations, through job developers who shall be responsible for providing stated services.

(3)  Immediately upon application for cash assistance, work-eligible applicants, according to R.S. 46:231, shall be required to participate in job readiness assistance.  If satisfactory participation in job readiness is documented, an applicant's application for cash assistance shall be completed.  Upon notification of eligibility, a work-eligible participant shall be notified, verbally and in writing, of program expectations and client responsibilities. Such notification shall include:

(a)  Notification of the twenty-four-month time limit and the federal lifetime limit on assistance, conditioned upon compliance with the Family Success Agreement.

(b)  Requirements for immediate participation in employment and work readiness activities.

(c)  Development of a Family Success Agreement that specifies participation in employment and work activities, educational enhancements, and other activities designed to enable the client to begin a transition to self-sufficiency.

(d)  Requirements for participation in employment and education activities for the required number of hours per week specified in federal law.

(e)  School attendance and immunization requirements.

(f)  Sanctions for noncompliance with program requirements, Family Success Agreements, and use of available support services.

(g)  Availability of supportive services.

(4)  Upon notification of eligibility, a work-eligible participant shall begin participation in work activities as determined by applicable assessments and the development of a Family Success Agreement.  An applicant for assistance shall receive an initial employability assessment designed to determine their level of employability, immediate needs, and family circumstances.  Upon certification of eligibility, a client shall receive an in-depth assessment that shall include workplace literacy, employment history, educational attainment, basic skills, barriers to employment and self-sufficiency, characteristics of children, and family circumstances.  Each participant for whom an assessment is completed shall be expected to participate in work activities for the minimum number of hours specified by federal law and as required under a participant's Family Success Agreement.  No client shall be exempt from participation in such activities for the sole reason of pregnancy, or that they are the parent of a minor child under age one.

B.(1)  Within the limits of appropriation therefor, the secretary shall establish and administer STEP for work-eligible recipients of FITAP which shall include the allowable work activities under the Federal Welfare Reform Act.  Such activities, which may include employment, subsidized or unsubsidized, unpaid work experience, on-the-job training, job search, job readiness, vocational education, attendance in secondary school for those individuals who have not graduated from high school, participation in GED, or basic skills training, employment-related education, job skills training, community service, and the provision of child care to an individual who is participating in community service.  Participants who are found not to possess basic workplace or basic literacy skills, as determined by an assessment, shall be expected to combine employment and job readiness and job search activities with activities designed to increase their basic and workplace literacy skills.  Such educational activities shall count towards meeting a participant's work participation rate for the purposes of federal reporting requirements.  Participants who are pregnant or who have a child under age one shall be assigned to specialized work activities that include parenting education and other training conducive to the unique needs of new parents.  The program shall also include the provision of necessary supportive services, including but not limited to child care and transportation.  Nothing in this Subpart shall be construed to preclude a participant from utilizing any state or federal assistance programs.

(2)  Notwithstanding other required activities, each work-eligible applicant and recipient of cash assistance shall participate in work readiness activities as part of the core services available under STEP.  Job readiness services shall be provided by job developers through performance-based contracts.  The Louisiana Workforce Investment Council shall collaborate with the department for job readiness services.  Job developers shall be required to report regularly, as determined by the department, on client participation.  Job readiness services shall include but are not limited to:

(a)  Workplace literacy assessment.

(b)  Resume development.

(c)  Interview skills.

(d)  Job search.

(e)  Workplace standards and soft-skills development.

(f)  Work ethics.

(g)  Interest inventories related to job market and skills.

(h)  Assistance with identification of available jobs and employers.

(i)  Life skills development.

(j)  Budget and financial management.

(k)  Client follow-up.

(3)  Such job readiness services shall be available and consistent in all parishes within the state.  Job developers shall initiate and maintain strong relationships with local employers, chambers of commerce, and other business-related entities to ensure that the needs of local employers are being addressed through job readiness services.

C.  As a condition of eligibility, a work-eligible applicant or recipient of cash assistance shall immediately participate in work activities for the minimum number of hours per week, as required by federal law.  Recipients, including teen parents, who lack basic workplace literacy skills, as determined by applicable assessments, shall participate in a combination of employment and educational activities designed to increase basic skills and enhance their success in the workplace.  Parents with a child under age one or pregnant mothers shall be expected to complete parenting education as a work activity.  Temporary exceptions, not to exceed six months, to this requirement shall be:

(1)  Temporary incapacity, illness or temporary disability of household head as documented by a medical professional.  Such documentation shall include a description and reason for the incapacity, illness, or temporary disability, an indication on how long the condition is expected to persist, and a reasonable expectation of when the participant can return to a work activity.  Incapacity, illness, or disability determined for a period of longer than six months shall be referred for eligibility to Supplemental Security Income assistance and to the Louisiana Rehabilitation Services.

(2)  Inability to obtain appropriate child care. Child care assistance shall be made available to participants to the extent appropriations are available.

(3)  Status as a victim of domestic violence.  Such status shall be based on evidence presented to the department which may include but not be limited to information from law enforcement agencies or domestic violence providers.  This exception shall only be granted if a participant develops a plan to address the domestic violence situation and such plan shall be incorporated in the participant's Family Success Agreement.

D.(1)  During a period in which a participant receives an exception to the work requirement, a revised Family Success Plan shall be developed during the six-month exception period to enable satisfactory progress toward meeting employment and educational activity requirements.  Participants who receive a six-month exception shall be informed that this time is counted against their twenty-four-month limit and the federal lifetime limit of cash assistance.  Such exception shall occur only once in a twelve-month period.

(2)  Work-eligible families that fail to meet required employment and education activities for the minimum number of hours without good cause, as specified in the Family Success Agreement, shall be sanctioned for a minimum of one month of benefits for the first offense, for a minimum of two months of benefits for the second offense, and case closure for the third offense.  Participants who have their case terminated for noncompliance shall be ineligible to reapply for cash assistance for three months.

(3)  Good cause, for the purposes of required participation in employment and education activities, shall consist of the following:

(a)  Unavailability of appropriate child care or transportation within a reasonable distance from the participant's home or worksite after efforts have been made, and assistance has been offered, to secure such child care or transportation.

(b)  Situations related to domestic violence.  Any participant that receives a good cause exception related to domestic violence shall complete a safety plan to be incorporated in their Family Success Agreement.

(c)  Situations related to the treatment of a mental or physical illness, including substance abuse treatment, where there is verification that participation in required activities would impair a treatment plan of a mental health or medical professional. Any participant that receives a good cause exception related to mental or physical illness shall incorporate the completion of the identified treatment plan in the Family Success Agreement.  The department reserves the right to refer the work-eligible participant for subsequent mental or physical assessments to evaluate a participant's ability to participate in required activities.

(d)  Temporary, short-term illness, or the temporary care of a family member who is ill, as documented by a medical professional.

(e)  Temporary emergency crisis, such as homelessness, fire, accident, dislocation due to natural causes, hurricane, flood, or similar circumstances that can be substantiated.

(4)  Upon determination of eligibility and after completion of an initial assessment, work-eligible participants shall enter into a contractual agreement with the department that specifies the client's time-bound goals, responsibilities, and work activity participation designed to enable self-sufficiency.  This Family Success Agreement shall also specify the department's obligation to provide necessary supportive services, assessments, notifications, information, and case management to enable the client's transition off of cash assistance.  The Family Success Agreement shall be updated at least every six months or as client's needs, goals, barriers, and family circumstances change.  It shall be the responsibility of the participant to inform the department of these changes.

E.  Subject to available appropriations, the secretary may enter into contracts for marketing and publishing information concerning the program and may enter into contracts for assistance in monitoring and evaluating the program and in tracking job retention rates of applicants.

F.  The secretary shall provide workers' compensation and liability insurance coverage for participants engaged in work experience or community service activities.

G.  The secretary shall exercise the responsibilities provided in this Section in accordance with the Administrative Procedure Act.

Acts 1997, No. 1155, §1, eff. July 1, 1997; Acts 2003, No. 58, §1; Acts 2004, No. 110, §1; Acts 2004, No. 675, §1; Acts 2008, No. 743, §7, eff. July 1, 2008.