1. Section IV. Comment Section
11/15/2018
Section IV. Comment Section
Maria Perez-DeLeon, Juanita Arias, and Abel Estrada
March 4, 2015

2. What is the comments section?
The comment section allows the recruiter to provide additional information or details that help to clarify, how he or she determined the eligibility of a child or youth.
The recruiter must provide comments that clearly explain items 2c, 3c and, if applicable, 5 and 6 of the Eligibility Section.
Writing clear and concise comments will tie the migrant families stories together. 2

3. Most common comments Moves to Join
Worker’s statement/Employers statement
Does not obtain employment and no history of doing qualifying work
Credible Evidence
Personal Subsistence
Translation services 3

4. 11/15/2018
Please remember
Each migrant story has a unique background and varying circumstances, while we give a couple of common examples every family is different and must be examined individually 4

5. To Join Moves
A to join move is a move that occurs when the child(ren) move before or after the qualifying worker. This type of move is common within the MEP, and it’s important that the recruiter understand how to document this type of move.
Example: Ms. Ortiz and her children move from Donna, Texas to Center, Colorado to secure housing. Mr. Ortiz continues to work in Donna, Texas where he will finish three more weeks of work. Mr. Ortiz joins the family in Center, Colorado four weeks later.
The move will be completed once Mr. Ortiz has joined his family. When the worker and children join, the move is now completed. The recruiter will use the qualifying arrival date (QAD) the date the move was completed. 5

6. Continue… To Join Moves
When a COE is a “to join move” it will always require a comment in the comment section of the COE.
And
The move should be completed within 12 months (see NRG 2010 E1 & E2 also ID&R Manual
The SEA understands that there are situations when a move may take more than 12 months to complete and the SEA will continue to review those situations on a case by case basis.
The SEA also believes that these cases are rare.
The recruiter should provide a clear and concise reason for these types of situations.
For additional information on documenting a “to join move” see Instructions for Completing the COE on Pg. 36 of the Manual. 6

7. Personal Subsistence
NRG G28. What does “personal subsistence” mean?
As used in the definitions of agricultural work and fishing work in § (a) and (b) of the regulations, and as defined in § (h) of the regulations, “personal subsistence” means that the worker and the worker’s family, as a matter of economic necessity, consume, as a substantial portion of their food intake, the crops, dairy products, or livestock they produce or the fish they catch.
When a recruiter is qualifying a family/worker under “Personal Subsistence” the recruiter should weigh three things:
Economic necessity- is it important to sustain the food supply for the worker or his/her family?
Consume- does the family eat the crop? And
Does the family consume a large portion of the crop? 7

8. Examples of Personal Subsistence
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Examples of Personal Subsistence
Maria, and her husband travel with their two young children to harvest beans. They use a partial amount of their harvest to sell, and the remainder of the harvest for their own consumption.
This would be considered qualifying work under “personal subsistence” as long as the family meets all other qualifying criteria.
Anita, lives with her family on a farm where they raise chickens. The farmer gives Anita free housing, chickens and eggs, in exchange for raising the chickens.
This would be considered qualifying work under “personal subsistence” as long as the family meets all other qualifying criteria.
Personal subsistence requires a comment in comment section of the COE.
If they harvest 1000 lbs of beans and sell 450 lbs and keep the rest for their own consumption would this be considered substantial? 8

9. Credible Evidence What is Credible Evidence?
Credible evidence for the purposes of the MEP is information that is reliable and proof of a matter a fact.
Credible means: that the information is trustworthy, believable, and reliable. Evidence means: that it’s proof, or confirms something.
For example, a local farmer or grower confirmed that the worker applied for qualifying work but none was available. This would be considered credible evidence. Another example might be submitting a business card where the worker applied or a newspaper clipping would also be considered credible evidence. The recruiter must explain credible evidence in the Comment Section and attach supporting documentation where available.” 9

10. Credible evidence Examples of credible evidence include
Submitted applications and paperwork
Letters from employers
Personal data talks with employers
Newspaper listing explaining extraordinary circumstances 10

11. Soon after the move
In certain situations a worker may have made a move to seek qualifying work but was unable to obtain the work. In these situations the SEA will continue with extending the 30-day rule to a 90-day period of the move.
The Department (OME) established the “soon after the move” test in the belief that the time between when the worker moves and when he or she obtains qualifying work must be small enough to reasonably presume that one of the purposes of the move was to obtain qualifying work. The OME thinks that in these circumstances, a worker generally should obtain qualifying work within 30 days of the move.” 11

12. Documenting Language Interpretation Services
The Colorado MEP Service Matrix - Language interpretation services refer to the act of facilitating spoken language communication between two or more parties who do not share a common language by delivering, as faithfully as possible, the original message from source into target language without any omissions, additions or distortion. Must be translated by adult.
IV. COMMENTS (Must include 2b/c, 4c,5, 6a, and 6b
Interpreting provided by: ABC Interpreting service-Ana May or ID#1234
Uncle Thiha LaLa translated for family 12

13. Seasonal Work
Seasonal employment means employment that occurs only during a certain period of the year because of the cycles of nature and that, by its nature, may not be continuous or carried on throughout the year.
The length of “seasonal” employment is based on the distinct period of time associated with the cultivation and harvesting and cycles of the agricultural or fishing work, and is not employment that is continuous or carried on through the year. 13

14. Continued…Seasonal Work
When a recruiter is determining seasonal work, the recruiter should determine when the crop will be in season.
For example: peaches are usually ready for picking in July - August or September. Sometimes the harvest can start earlier or later. It depends on the cycles of the season. If there is a longer winter then that could affect when the peaches will be ready for harvesting. 14

15. How to Determine Temporary Work
NRG 2010 H5. What is Temporary employment?
According to § (k) of the regulations, temporary employment means “employment that lasts for a limited period of time, usually a few months, but no longer than 12 months.”
There are three ways that the SEA may determine Temporary work but the Colorado SEA will only determine temporary work based on the first two bullets.
Employer Statement - The employer states that the worker was hired for a limited time frame, not to exceed 12 months;
Worker Statement - The worker states that he or she does not intend to remain in that employment indefinitely (i.e., the worker’s employment will not last longer than 12 months); 15

16. 11/15/2018
Temporary Work
Temporary work for the purposes of the MEP is employment that lasts no longer than 12 months. It can also be work that appears to be constant and year round. However, sometimes the work can be difficult and even though a worker plans to remain at the job permanently, because of the working conditions the worker ends up leaving the job in less than 12 months. (See page 21 for qualifying temporary activities.) 16

17. 11/15/2018
Temporary Work
The recruiter should always determine by an employer statement or workers statement how long the work will last or how long the worker plans on doing the work. Remember whether the worker is doing seasonal or temporary work the work should not last more than 12 months.
All temporary work requires a comment in the comment section of the COE.
And
The comment should include how long the work will last but not to exceed 12 months.
Also remember to include that the comment should also include that the work will not last more than 12 months. 17

18. Now it’s your turn…
Maria, moved back with her grandmother in Georgetown, Texas. Maria was living and working in the potato fields in Center, Colorado. Maria moved to start school on time and her parents stayed back in order to finish the potato harvest. Maria’s parents joined her at a later date. Take a blank COE/paper and practice writing out a comment in the comment section. 18

19. Third Party Evidence 19

20. Now it’s your turn…
Jose and his wife live in Brighton, Colorado where they do agricultural and temporary work. Each year they travel to Dove Creek, Colorado where they work two months during the bean harvest. Jose takes his wife and three children to Dove Creek where they share a trailer with friends. Jose and his wife work in the bean fields so they have enough to sell and to use for their own personal consumption. The beans are an important to Jose and his family. It helps them get through the year. Take a blank COE/paper and practice writing out a comment in the comment section. 20

21. Now it’s your turn…
Musafa just moved to Greeley, Colorado with his wife and child. Musafa moved to Greeley because he was told that the slaughter house is hiring. Musafa applies and is hired two weeks later as skinner. Musafa is hoping to move to Colorado City, Colorado in a meat processing plant but was told that they are not hiring any new workers until the plant re-opens in three months. Take a blank COE/paper and practice writing out a comment in the comment section. 21

22. 11/15/2018
Group Activity
A recruiter locates a family who worked for one month in the onion fields in a previous school district, and it has been 14 months since the move. The family meets all other eligibility criteria.
Is this family eligible? Why or Why not?
A recruiter locates a worker who appears to be doing qualifying work at the meat packing plant. The worker has been employed at the plant for 13 months packing meat. It appears that the family also meets all other eligibility criteria.
Is this family eligible? Why or Why not?
Group activity-
Each table will have a quick discussion regarding each scenario – about 5-6 minutes and than we will go around the room to hear responses. 22

23. Group Activity Is the family eligible?
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Group Activity
Is the family eligible?
Yes. Even though it took 14 months for the recruiter to locate the family the worker was not employed for more than 12 months.
No. Even though it appeared that the family met the eligibility criteria the simple fact that the worker was employed for more than 12 months would disqualify the family.
Group activity-
Each table will have a quick discussion regarding each scenario – about 5-6 minutes and than we will go around the room to hear responses. 23

24. Take away points:
Each and every family is unique and needs to be looked at in their own lens.
Be very intentional about what you disclose on the COE. The COE is exclusively for determining eligibility based on employment.
Don’t get lost in the details, refer back to the child eligibility points of criteria when you get stuck. 24

25. Thank you!
Submit ID&R Questions through the website Maria Perez de Leon, State Recruiter Juanita Arias, Migrant Eligibility Specialist Abel Estrada, Migrant Eligibility Specialist 25