Section 29-5810. GOOD CAUSE CIRCUMSTANCES: WORK-RELATED ACTIVITIES

 

5810.1At or before the preliminary assessment, all TANF applicants shall receive written and oral notice of good cause circumstances, as set forth in subsection 5810.3.

 

5810.2The applicant or recipient shall acknowledge receipt of the notice in this subsection. The recipient shall be provided a copy of the notice. IMA shall provide this notice at least once per year.

 

5810.3Good cause for failure to attend initial orientation, counseling, or assessment activities, or for failure to participate in or complete other job readiness or job search activities, or for failure to participate in work activities as directed by the Director or his or her designee, notice of which shall be given to each TANF applicant, shall include one (1) or more of the following:

 

(a)A verified, if necessary, physical or mental illness or medical condition of the applicant or recipient, or of a member of the applicant's or recipient's household or immediate family when no other appropriate member of the household or family is available to provide the needed care, which prevents the applicant or recipient from participating in the required activities;

 

(b)The need for child care in order for the applicant or recipient to participate in or to continue participation in the activities or to accept employment, where appropriate and affordable child care (formal or informal) is not available within a reasonable distance from the applicant's or recipient's home or service site. For purposes of this paragraph, there is a need for child care if the applicant or recipient is caring for a child under six (6) years of age or for a child who has special health care needs (verified by competent medical evidence, as determined by the Director or his or her designee) that prevents regular attendance at school;

 

(c)The applicant or recipient is the parent or other caretaker who personally provides care for a child under six (6) years of age, and participates in the activities or employment, an average of at least twenty (20) hours per week;

 

(d)Resides in a location which is so remote from a program or activity that transportation is not available. The individual shall be considered remote if a round trip of more than two (2) hours by reasonably available public or private transportation, exclusive of time necessary to transport children to and from a child care facility or school, would be required for a normal work or training day. However, if normal commuting time in the area is more than two (2) hours, then the round trip commuting time shall not be considered good cause;

 

(e)Discrimination by a non-governmental entity, employer or other program or activity in violation of federal or District law;

 

(f)Working or participating without being paid the work participation allowance;

 

(g)Violations of any workplace protections listed in Section 5811; and

 

(h)An extraordinary and unforeseen circumstance beyond the control of the applicant or recipient that prevents the applicant or recipient from participating in the required activities, including but not limited to domestic violence, house fires, or car wrecks.

 

5810.4Denials of a recipient's request for good cause shall be in writing and appealable through the fair hearing process.

 

5810.5The Director or his or her designee may require reasonable verification of good cause.

 

source

Final Rulemaking published at 48 DCR 10251 (November 9, 2001).