DPSS ePolicy

To convert existing policy to new writing style.

The main purpose of the compliance process is to promote participation by helping participants remove obstacles that prevent participation and completion of Welfare-to-Work (WtW)/Refugee Employment Program (REP) activities.

A participant who is not exempt is required to participate in the WtW/REP as a condition for receiving cash benefits. A participant who is exempt may also volunteer to participate in WtW/REP. When a participation problem occurs and Good Cause (GC) is not established, the identification and resolution of barriers are key to successful participation and completion of WtW/REP requirements. The overall goal of the compliance process is to reach a positive resolution that enables the participant to receive the services needed to enable sufficiency. Keeping participants engaged in activities is key to meeting the Cal-OAR Performance Measures.

GAIN and Contracted staff have an inherent responsibility before and after compliance to work with participants to identify and assist with the resolution of barriers and promote participation. Specialized staff in each GAIN Region and CalWORKs District Office assist in this endeavor.

A participant who is required to participate in WtW/REP activities as a condition of aid is subject to a WtW/REP sanction when:

• They fail or refuse to participate in their assigned activity without GC; or
• They fail or refuse to comply with a Compliance Plan (CP).

The Case-Carrying (CC) GAIN Services Worker (GSW)/Contract Case Manager (CCM) initiates contact with the participant to identify and resolve participation barriers. When efforts to resolve participation issues are exhausted, the compliance process is initiated. Failing or refusing to comply means failing or refusing to:

• Sign a WtW/REP plan;
• Participate in any assigned WtW/REP program activity;
• Make satisfactory progress in the assigned WtW/REP activity;
• Accept employment;
• Retain employment; or
• Continue employment at the same level of earnings.

Compliance Process

Compliance activities are progressive and consist of a 20-calendar-day Cause Determination (CD) period. This process provides the participant with the opportunity to end the compliance process by providing a GC reason for not participating or agreeing to a CP. When the compliance process fails to resolve the participation issues, a sanction is imposed for mandatory participants, or an exclusion is imposed for exempt volunteers.

Immediate and Continuous Eligibility to Child Care

In accordance with the implementation of Senate Bill 80, participants who request child care are eligible to be approved for full-time, continuous CalWORKs Stage 1 Child Care for 12 months, upon CalWORKs approval. Stage 1 Child Care eligibility is no longer tied to a participant's engagement or attendance hours in WtW activities.

Staff must ensure that participants who request child care have child care authorized and secured prior to mandating participation in WtW/REP activities, including cure-sanction activities. Non-compliance must not be initiated, and sanctions must not be imposed if child care has not been authorized and secured.

Federal Temporary Assistance for Needy Families statutes direct States to remove from aid non-exempt participants who fail to participate in required work activities.

Cause-Determination Process

The process of identifying whether GC exists for the participant's failure to comply with GAIN Program requirements. It also aims to assist the participant in eliminating the reasons for the compliance issues.

Compliance Process

A 20-calendar-day period during which the participant is given an appointment to provide GC or sign a CP to continue participation.

Compliance Plan

An agreement developed by the CC GSW/CCM and the participant that details the activity the participant must complete to bring the participant back into full compliance with WtW/REP requirements.

Early Compliance Phone Call

Phone call made to participants who fail to attend their scheduled Orientation and Appraisal (OAP) appointment, or other GAIN appointment or activity assignment, after the CD appointment is scheduled but prior to the CD appointment date.

Exclusion

The process of discontinuing the participation of an exempt volunteer when they fail or refuse to participate in their assigned WtW/REP activity and the participation problem was not resolved during the compliance process. The participant's cash aid is not reduced.

Sanction

The process of reducing the cash benefits of a mandatory WtW/REP participant when they fail or refuse to participate in their assigned WtW/REP activity and the participation problem was not resolved during the compliance process.

Phone Calls

• Before initiating non-compliance, the GSW/CCM must call the participant as follows:
  
  
  • At least one reminder telephone call, one to three business days prior to the participant's scheduled telephone or in-person Orientation and Appraisal (OAP) appointment, or other GAIN appointment with staff.
  • If the participant is no show to the appointment, at least one follow-up telephone call needs to be conducted 45 minutes after the missed appointment time or by the end of the day.
     
• During the compliance process, the GSW/CCM must call the participant as follows:
  
  
  • Early compliance phone call - GSW/CCM are to make at least one attempt to call participants who fail to attend their scheduled OAP appointment, or other GAIN appointment or activity assignment, after the CD appointment is scheduled but prior to the CD appointment date.
  • Follow-up telephone call - is conducted if the participant fails to attend the CD appointment. The call must be made after the participant misses the CD appointment either the same day or no later than the next business day.

Note: The outcome of the telephone calls must be documented on California Statewide Automated Welfare System (CalSAWS) Journal Detail page.

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