3530 Good Cause for Failure to Cooperate (TANF and Food Assistance E&T) - The individual shall be determined to have good cause for failure to meet work related requirements (for TANF penalties, Food Assistance E&T violations, potential employment violations or comparable penalties) if the individual presents verification that:

 

  1. The person was exempt from participation for work related requirements at the time of the failure or refusal, or employment reduction or termination;
     
  2. There was no bona fide offer of employment or training;
     
  3. The person was incapable of performing the work or training;
     
  4. The work or training was so dangerous or hazardous according to OSHA standards as to make the refusal or termination a reasonable one;
     
  5. The payment offered for employment was less than the federal minimum wage;
     
  6. Child care or adult day care for an incapacitated family member living in the same home, is necessary for an individual to participate or continue participation in work related requirements or accept employment, and such care is not available and the agency fails to provide such care;
     
  7. The total daily commuting time to and from home to the work site or activity to which this individual is assigned exceeds two hours, not including the transporting of a child to and from a child care facility. If a longer commuting distance is generally accepted in the community, the round trip commuting time shall not exceed the generally accepted community standards; or
     
  8. The failure occurred during the period of time from the termination of the person's pregnancy through the two following months.
     
  9. A single custodial parent has demonstrated the inability to obtain needed child care for a child under 6, because of one or more of the following reasons:
     
    1. Unavailability of appropriate child care within a reasonable distance from the individual's home or work site.
       
    2. Unavailability or unsuitability of informal child care by a relative or under other arrangements.
       
    3. Unavailability of appropriate and affordable formal child care arrangements.
       
  10. The person is a victim of sexual harassment or a survivor of domestic violence, sexual assault, or stalking whereby compliance with program requirements would increase risk of harm for the individual or any children in the individual's care. Examples are:
     
    1. Physical acts resulting in or threatening to result in physical injury;

    2. Stalking;
       
    3. Sexual harassment, sexual abuse, sexual activity involving dependent children, or threats of or attempts at sexual abuse;
        
    4. Mental abuse, including threats, intimidation, acts designed to induce terror, or restraints on liberty; or
       
    5. Deprivation of medical care, housing, food or other necessities of life.

      An individual's statement and one piece of corroborating evidence shall meet the burden of proof unless there is an independent, reasonable basis to doubt the veracity of the statement. Evidence may include, but is not limited to, police or court records, protection from abuse (PFA) orders (filed for and/or obtained) or documentation from a shelter worker, attorney, clergy, medical or other professional from whom the client has sought assistance; or other corroborating evidence such as a statement from any other individual with knowledge of the circumstances which provides the basis for the claim, or physical evidence or any other evidence which supports the statement of sexual harassment, domestic violence, sexual assault, or stalking.

      Exception:       In extremely rare situations such as when an individual is in hiding and afraid that there could be information disclosed that could reveal the individual's whereabouts and when the worker does not doubt the veracity of the individual's statement, a written statement from the victim signed under penalty of perjury shall meet the burden of proof.

 

In rare situations there may be other extenuating circumstances not provided for in the above criteria which results in the inability of the agency to determine whether the refusal to meet the employment service program requirements, or the employment refusal or termination, was with or without good cause. In such cases, a presumption may be made in the favor of the applicant/recipient and the basis for the decision must be documented in the case record.

 

3530.1 Additional Good Cause (Mandatory Food Assistance E&T Program only)

 

The individual shall be determined to have good cause for failure to meet mandatory Food Assistance E&T requirements if the individual presents verification of the above reasons or the following reasons:

 

1. Illness or injury-verification of the illness or injury may be required in questionable cases.

2. Lack of transportation-in these cases, transportation assistance will be provided for the client to attend a rescheduled appointment or activity, or if there is not public transportation, a phone appointment will be rescheduled.

3. No openings in Mandatory Food Assistance E&T available. The client will be given good cause until there is an available opening. If they are not meeting ABAWD requirements during this time, their ABAWD months will count.