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 What is WtW?  WtW Basics.  Sanctions.  Sanction Notice of Action.  Sanction Periods.  Curing the Sanction.  How to Fight the Sanction.  What is a Good Reason.  Supportive Services.  Fair Hearings.  Summary of Sanction Defense.  Now let’s see what we’ve learned.

 Who is required to do workfare to get public assistance?  The deserving poor such as SSA recipients? Foster care parents? Clinton? Senators and Congresspersons who voted for TANF?  No. Only welfare recipients – the undeserving poor.

 EDD – the jobs people,  or  DSS/ CWD – the welfare people.

 1. CalWORKs is California’s Temporary Aid to Needy Families program.  2. Parents can receive benefits for a maximum of five years in their lifetime. (Welf. & Inst. Code § )  3. To remain eligible for CalWORKs, parents must participate in Welfare to Work activities. (Welf. & Inst. Code § ) 

 John Wagner, Director  (916)  CharrLee Metsker, Deputy Director  (916)  Kären Dickerson, WtW Branch Chief  (916)  Marc Wilson, Employment Bureau Chief  (916)

 The WtW regulations are CDSS Manual of Policy and Procedures (hereinafter MPP).§§ et. seq.  1. Parents must participate a certain number of hours each week.  a. Single parents must participate 32 hours per week. (Welf. & Inst. Code § ; M.P.P. § )  b. Two parent families must participate 35 hours per week unless they are exempt from participation. (Welf. & Inst. Code § ; § )

 Appraisal/Orientation - Welf. & Inst. Code § ; MPP §§ ; ;  Job Search.  ESL/VELS- Remedial Education: If language presents a barrier to participation, then the county shall assign a person to remedial education, which is ESL or adult education.  SIP - M.P.P. § ,

 He or she must make satisfactory progress in the program.  CWD determines that continuing in the program is likely to lead to self-supporting employment for that recipient; and  The WtW plan reflects that determination.  Applicant has to be enrolled in school before appraisal and orientation.

 Unemployed recipients attend WtW orientation and participate in job search and job club activities. If he/she remains jobless, the individual is referred to assessment. (Id.)  During assessment, the individual's work history is reviewed and an inventory of the employment skills, knowledge and abilities are taken. The need for supportive services is also reviewed. Based on the current skill, local labor market information and other existing conditions, the county determines the work plan. (Welf. & Inst. Code § )  If a concern is raised that there is a mental health or substance abuse or that will impair the ability of an individual to obtain employment, he or shall be referred to the county mental health department or county alcohol and drug program or other substance abuse program (MPP §§ ; )

 If the recipient disagrees with the assessment results, the county must refer the case for an independent assessment by a neutral third party. (Welf. & Inst. Code § (c)(1); MPP § ).  No hearing shall be held regarding a disagreement with an assessment. The matter has to be referred to a third-party assessment. MPP § (a).  Third-Party assessment is final. Person can ask for a state hearing. POTENTIAL LAWSUIT.

  After assessment is complete, the individual enters into a written welfare-to-work plan with the CWD. (Welf. & Inst. Code §§ , (2)(a); MPP §§ ; ; )  a. The welfare-to-work plan specifies what the recipient will perform, e.g., unsubsidized employment, self-employment, or adult basic education. (Welf. & Inst. Code §§ ; ; MPP §§ ; ; (w)(2).)  b. The welfare-to-work plan also identifies the supportive services that the county will make available to the W2W participant. (Welf. & Inst. Code § ; MPP §§ ; ; (w)(2).)  i. Supportive services includes child care; transportation costs; ancillary expenses such as books, tools, clothing specifically required for the job; fees; and other necessary cost; and personal counseling when personal or family problems affect the outcome of the W-2-W plan. (M.P.P. §§ , et. seq.)  ii. Supportive services payment shall be advanced to the recipient whenever he/she is required to perform a welfare-to-work activity so that the recipient need not use his or her funds to pay for the services. (Welf. & Inst. Code § ; M.P.P. § )

 Welfare and Institutions Code Section and MPP §§ set forth a comprehensive list of education, training and employment activities which comprise Welfare to Work activities.

 If a recipient fails or refuses to comply with a program requirement, without good cause in a program component to which the individual is assigned and refuses to agree to or fails, without good cause, to comply with a compliance plan agreed to between the county and the individual, the individual is subject to sanctions. (Welf. & Inst. Code § ; MPP § )

 Laws and Regs- This process is set forth in Welfare and Institutions Code § and MPP §  The CWD must issue a Notice of Action effective no earlier than 30 calendar days from the date of issuance informing the individual that a sanction will be imposed if the individual fails to either attend an appointment scheduled by the county to be held within 20 calendar days of the notice, or contact the county by phone, within 20 calendar days of the notice and fails to do either of the following:  MPP §

 The CWD Notice of Action must contain specific information. This information includes; ◦ i. The specific act(s) that cause the individual to be out of compliance; ◦ ii. Informing the individual of the right to assert good cause for the refusal or failure; ◦ iii. Informing the individual of the date and time of the scheduled appointment; ◦ iv. Providing a general definition of good cause and examples of reasons that constitute good cause for not participating in the program.

 v. Inform the individual of the right to contact the CWD by telephone to establish good cause in lieu of attending the appointment scheduled by the county.  vi. Inform the individual of the right to reschedule the appointment once within the 20 calendar day period.  vii. Inform the individual that if good cause is not found, a compliance plan will be developed and the individual will be expected to agree to the plan or face a sanction.  viii. Inform the individual of the name, address and telephone number of the state and local legal aid and welfare rights organizations.  ix. Describe transportation and child care services that the individual is entitled to receive, as needed to attend the appointment.

 If the individual cannot attend the appointment, the individual shall be allowed to reschedule the cause determination appointment once within the 20 calendar day period.

 If the individual fails to attend the appointment, the CWD must attempt to contact the individual by telephone at the time of or after the appointment in order to establish a finding of good cause or no good cause, or if no good cause, to develop a compliance plan.  MPP §

 MPP § – Sanction stops when the participant “performs the activity(ies) he or she previously refused to perform.”  Compliance plan has to provide for what the participant refused to do.  For example. Did not go to Orientation? Compliance plan is to go to orientation.

 Sanctions stay in place until the sanction is cured.  Once the sanction is cured, then aid is restored the beginning of the month following the month that it is cured.  LITIGATION POINT – The law provides that benefits should be restored when the sanction is cured and not the following month.

 CDSS issued ACL dated November 14, 2003 that provides comprehensive instructions to the counties regarding the good cause determination, compliance and sanction processes.  CDSS requires counties to have written policies and procedures for good cause, compliance and sanction process not covered by CDSS.  The steps to cure a sanction are: ◦ a. The participant must contact the county and inform them that he or she wants to cure the sanction.

 b. Sign a Plan to Stop a WTW Sanction (WTW 29) "the curing plan" either at a scheduled meeting, or by mail.  c. Satisfactorily perform the activity or activities causing the sanction.  When a participant contacts the county to start the curing process, and the individual successfully completes the curing process, cash aid is restored the first day of the month following the date that the individual contacted the county to indicate his or her desire to cure.  ACL includes camera-ready forms to be used by the counties.

 Anybody who has good cause cannot be sanctioned. Welf. and Inst. Code §§ (f); MPP §  Inform the county telephonically through a conference call, what the good cause was and keep good notes.

 Lack of child care.  No transportation.  Was sick that day.  Victim of D.V.  Had to work that day.  Caring for sick AU member or child.

 If it takes more than a hour each way by public transportation then that is a good reason and cannot be sanctioned.  The one hour includes leaving the house walking to the bus stop and walking from the arrival bus stop to the WtW activity location. Every minute counts.  Get an internet printout for local bus travel.  Client can also testify to the actual time it takes.  Remoteness DOES not apply to community service or unpaid labor activity.

 Welf. & Inst. Code § and MPP §  Disabled person –Needs a medical statement that the disability will last 30 days – No CW 61 needed, Just a doctor’s statement.  60 year old person.  Pregnant woman’s first pregnancy is exempt.  Caring for a child under 6 months.  Single parent with a child under 2 of age – Until 7/1/2011  Single parent with more than two children under 6 years of age – Until 7/1/2011

 Tell the worker what the good reason was, then file for a state hearing.  Fax the request to or  filing coming soon.

 Lack of necessary supportive services. (Welf. and Inst. Code §§ (f)(1), ; ; MPP § ) The County must advance funds for supportive services wherever necessary and when desired by the participant so that the participant need not use his or her funds to pay for these services and includes:  Transportation.  Ancillary services.

 Ancillary expenses include costs of books, tools, clothing specifically required for the job, fees, and other necessary costs, e.g., computer, calculator. MPP §  County has to issue an advance to make sure participant does not use his or her own money for the ancillary service.

 Child care. (MPP §§ ; ; )  The county shall provide child care for a child under the age of 10 years, or if supervision is required due to a physical, mental or developmental disability or other similar condition. (Welf. and Inst. Code § ; M.P.P. § )  If funding is available, child care will be provided to children who are 11 or 12 years of age. (MPP § )

 Always file for a state hearing.  Claim good cause if participant comes to you before sanction is imposed.  See if the participant received a 30 day notice.  Interview for good cause and exemptions.  If no APP, call and set up a sanction cure appointment.  Negotiate what the plan is before sending the participant to the already negotiated scheduled appointment.

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