35
148 45 CFR Ch. II (10–1–97 Edition) Pt. 250 the Act. The procedures for determin- ing recipient count are set forth in paragraphs (a), (b) and (c) of this sec- tion. (a) Adult assistance categories. For each adult assistance category, under title I, X, XIV, or XVI, of the Act, the recipient count for any month may in- clude: (1) Eligible recipients who receive money payments or in whose behalf protective payments are made for that month: Provided, That such payments are not excluded from Federal financial par- ticipation under the provisions of § 233.145(c) of this chapter; plus (2) Other eligible recipients in whose behalf payments are made for institu- tional services in intermediate care fa- cilities for that month, but only in a State which does not have in effect a plan approved under Title XIX of the Act. (See § 233.145(b)(2) of this chapter.) (b) AFDC category. For the AFDC cat- egory under title IV, part A, of the Act: (1) The recipient count for any month includes: (i) Eligible recipients in families which receive a money payment, plus (ii) Eligible recipients in families not otherwise counted on whose behalf pro- tective or nonmedical vendor assist- ance payments are made for such month in accordance with the vendor payment provisions at § 234.60, provided that such payments are not excluded from Federal financial participation under the provisions of § 233.145(c) of this chapter. (2) For the purpose of this provision, recipients means, if otherwise eligible: (i) Children; (ii) In a home with no parent who is the caretaker relative, an otherwise el- igible relative of specified degree; (iii) Parent(s); (iv) The spouse of such parent, in the case of AFDC eligibility due to inca- pacity or unemployment; (3) As used in paragraph (b)(2)(iii) of this section, the term parent means the natural or adoptive parent, or the step- parent who is married to the child’s natural or adoptive parent and is le- gally obligated to support the child under a State law of general applicabil- ity which requires stepparents to sup- port stepchildren to the same extent that natural or adoptive parents are re- quired to support their children; and the term ‘‘spouse’’ as used in paragraph (b)(2)(iv) of this section means an indi- vidual who is the husband or wife of the child’s own parent, as defined above, by reason of a legal marriage as defined under State law. (4) Where there are two or more de- pendent children living in a place of residence with two other persons and each of such other persons is a relative who has responsibility for the care and control of one or more of the dependent children, there may be two AFDC fami- lies (assistance units), if neither family includes a parent or sibling included in the other family pursuant to § 206.10 (a)(1)(vii). (c) Essential person. An essential per- son or other ineligible person who is living with the eligible person may not be counted as a recipient. [38 FR 32914, Nov. 29, 1973, as amended at 57 FR 30161, July 8, 1992] PART 250—JOB OPPORTUNITIES AND BASIC SKILLS TRAINING PROGRAM Subpart A—Purpose and Definitions Sec. 250.0 Purpose. 250.1 Definitions. Subpart B—Administration 250.10 State IV–A agency administration. 250.11 Requirement for a statewide pro- gram. 250.12 Coordination and consultation. 250.13 Contracting authority. Subpart C—State Plan Requirements and Content 250.20 Requirement for a State JOBS plan. 250.21 State plan content. Subpart D—Participation Requirements, Exemptions and Sanctions 250.30 Requirements for individual partici- pation and exemptions. 250.31 Volunteers. 250.32 Participation requirements for edu- cation. 250.33 Participation requirements for unem- ployed parents. 250.34 Sanctions. 250.35 Good cause.

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45 CFR Ch. II (10–1–97 Edition)Pt. 250

the Act. The procedures for determin-ing recipient count are set forth inparagraphs (a), (b) and (c) of this sec-tion.

(a) Adult assistance categories. Foreach adult assistance category, undertitle I, X, XIV, or XVI, of the Act, therecipient count for any month may in-clude:

(1) Eligible recipients who receivemoney payments or in whose behalfprotective payments are made for thatmonth:

Provided, That such payments are notexcluded from Federal financial par-ticipation under the provisions of§ 233.145(c) of this chapter; plus

(2) Other eligible recipients in whosebehalf payments are made for institu-tional services in intermediate care fa-cilities for that month, but only in aState which does not have in effect aplan approved under Title XIX of theAct. (See § 233.145(b)(2) of this chapter.)

(b) AFDC category. For the AFDC cat-egory under title IV, part A, of the Act:

(1) The recipient count for any monthincludes:

(i) Eligible recipients in familieswhich receive a money payment, plus

(ii) Eligible recipients in families nototherwise counted on whose behalf pro-tective or nonmedical vendor assist-ance payments are made for suchmonth in accordance with the vendorpayment provisions at § 234.60, providedthat such payments are not excludedfrom Federal financial participationunder the provisions of § 233.145(c) ofthis chapter.

(2) For the purpose of this provision,recipients means, if otherwise eligible:

(i) Children;(ii) In a home with no parent who is

the caretaker relative, an otherwise el-igible relative of specified degree;

(iii) Parent(s);(iv) The spouse of such parent, in the

case of AFDC eligibility due to inca-pacity or unemployment;

(3) As used in paragraph (b)(2)(iii) ofthis section, the term parent means thenatural or adoptive parent, or the step-parent who is married to the child’snatural or adoptive parent and is le-gally obligated to support the childunder a State law of general applicabil-ity which requires stepparents to sup-

port stepchildren to the same extentthat natural or adoptive parents are re-quired to support their children; andthe term ‘‘spouse’’ as used in paragraph(b)(2)(iv) of this section means an indi-vidual who is the husband or wife ofthe child’s own parent, as definedabove, by reason of a legal marriage asdefined under State law.

(4) Where there are two or more de-pendent children living in a place ofresidence with two other persons andeach of such other persons is a relativewho has responsibility for the care andcontrol of one or more of the dependentchildren, there may be two AFDC fami-lies (assistance units), if neither familyincludes a parent or sibling included inthe other family pursuant to § 206.10(a)(1)(vii).

(c) Essential person. An essential per-son or other ineligible person who isliving with the eligible person may notbe counted as a recipient.

[38 FR 32914, Nov. 29, 1973, as amended at 57FR 30161, July 8, 1992]

PART 250—JOB OPPORTUNITIESAND BASIC SKILLS TRAININGPROGRAM

Subpart A—Purpose and Definitions

Sec.250.0 Purpose.250.1 Definitions.

Subpart B—Administration

250.10 State IV–A agency administration.250.11 Requirement for a statewide pro-

gram.250.12 Coordination and consultation.250.13 Contracting authority.

Subpart C—State Plan Requirements andContent

250.20 Requirement for a State JOBS plan.250.21 State plan content.

Subpart D—Participation Requirements,Exemptions and Sanctions

250.30 Requirements for individual partici-pation and exemptions.

250.31 Volunteers.250.32 Participation requirements for edu-

cation.250.33 Participation requirements for unem-

ployed parents.250.34 Sanctions.250.35 Good cause.

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Office of Family Assistance, ACF, HHS § 250.0

250.36 Conciliation and fair hearings.

Subpart E—Operation of State JOBSPrograms/Program Components

250.40 Providing program information toAFDC applicants and recipients.

250.41 Initial assessment and employabilityplan.

250.42 Agency-participant agreement.250.43 Case management.250.44 Mandatory components.250.45 Optional components.250.46 Postsecondary education.250.47 Other education, training, and em-

ployment activities.250.48 Self-initiated education or training.

Subpart F—[Reserved]

Subpart G—Optional Components of StateJOBS Programs

250.60 Job search program.250.61 On-the-job training.250.62 Work supplementation program.250.63 Community work experience pro-

gram.

Subpart H—Funding

250.70 JOBS allocation entitlement.250.71 Allotment of JOBS limit of entitle-

ment.250.72 Maintenance of effort.250.73 Matching rates.250.74 Reduced matching rate.250.75 Activities excluded from FFP.250.76 Financial reports, records, state-

ments and audits.250.77 Costs matchable as AFDC payments.250.78 Definition of participation for en-

hanced FFP.

Subpart I—Uniform Data CollectionRequirements

250.80 Uniform data collection require-ments.

250.81 State data systems options.250.82 Required case record data.

Subpart J—Operation of JOBS Programs byIndian Tribes and Alaska Native Orga-nizations

250.90 Scope and purpose.250.91 Eligible Indian Tribe and Alaska Na-

tive organization grantees.250.92 Selection criteria for eligible Alaska

Native organizations.250.93 Funding formula.250.94 Program administration, implemen-

tation and operations.250.95 Supportive services.250.96 Waiver authority.

250.97 Application requirements and docu-mentation.

250.98 Maintenance of effort for IndianTribes and Alaska Native organizations.

AUTHORITY: 42 U.S.C. 602, 603, 681, 682, 682note, 683 through 687, and 1302.

SOURCE: 54 FR 42245, Oct. 13, 1989, unlessotherwise noted.

Subpart A—Purpose andDefinitions

§ 250.0 Purpose.(a) The purpose of the Job Opportuni-

ties and Basic Skills Training (JOBS)program under titles IV–A and IV–F ofthe Social Security Act is to assurethat needy families with children ob-tain the education, training and em-ployment that will help avoid long-term welfare dependence. To accom-plish this purpose, the JOBS programis intended to;

(1) Encourage, assist, and require ap-plicants for and recipients of AFDC tofulfill their responsibilities to supporttheir children by preparing for, accept-ing, and retaining employment;

(2) Provide individuals with the op-portunity to acquire the education andskills necessary to qualify for employ-ment;

(3) Provide necessary supportive serv-ices, including transitional child careand medical assistance, so that individ-uals can participate in JOBS and ac-cept employment;

(4) Promote coordination of servicesat all levels of government in order tomake a wide range of services avail-able, especially for individuals at riskof long-term welfare dependency, andto maximize the use of existing re-sources; and

(5) Emphasize accountability for bothparticipants and service providers.

(b) This part provides that a StateIV–A agency, as a condition of partici-pation in the AFDC program, must op-erate a JOBS program. In addition,these regulations require that Statesprovide child care and other supportiveservices for participants in the JOBSprogram, as well as certain other indi-viduals, pursuant to parts 255 and 256.This part contains the policies, rulesand regulations pertaining to the JobOpportunities and Basic Skills Train-ing (JOBS) program.

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45 CFR Ch. II (10–1–97 Edition)§ 250.1

(c) This part is applicable to Stateswith approved JOBS programs pursu-ant to § 250.20, and to all States as ofOctober 1, 1990.

§ 250.1 Definitions.Except to the extent otherwise speci-

fied in this section, terms used in part250 shall have the same meaning other-wise applicable to the Aid to Familieswith Dependent Children (AFDC) pro-gram.

Adult recipient means an individualother than a dependent child (unlesssuch child is the minor custodial par-ent of another dependent child) whoseneeds are met (in whole or in part)with payments of Aid to Families withDependent Children.

Basic literacy level means a literacylevel that allows a person to functionat a level equivalent to at least grade8.9.

Component means any of the servicesor activities available under the provi-sions of § 250.44 through § 250.48.

CWEP means the community workexperience program authorized in§ 250.45 and § 250.63.

Department means the U.S. Depart-ment of Health and Human Services.

FFP means Federal financial partici-pation in expenditures made by aState.

Institution of higher education meansany institution determined by the Sec-retary of Education to meet:

(1) The definition of such term con-tained in either section 1201(a) or sec-tion 481(a) of the Higher Education Actof 1965 (20 U.S.C. 1001 et seq.), as amend-ed; or

(2) The definitions of ‘‘proprietary in-stitution of higher education’’ or‘‘postsecondary vocational institu-tion,’’ which are defined at sections 481(b) and (c) of that Act.

Intensive job search is, for purposes of§ 250.74(c), job search by a parent in anunemployed parent case that is eithergroup or individual job search for amonthly average equivalent to 20 hoursper week.

JAS means a JOBS Automated Sys-tem authorized under § 250.81 for aState to support its operation of theJOBS program.

JOBS is the Job Opportunities andBasic Skills Training program required

by section 402(a)(19) of the Social Secu-rity Act, as amended by section 201(a)of the Family Support Act of 1988 (Pub.L. 100–485) and set forth in part F oftitle IV of the Social Security Act, asadded by section 201(b) of the FamilySupport Act.

JOBS plan means the statewide oper-ational plan for JOBS.

Limited English proficiency means lim-ited ability in speaking, reading, writ-ing, or understanding the English lan-guage by a person whose native lan-guage is a language other than Englishor by a person who lives in a family orcommunity environment where a lan-guage other than English is the domi-nant language.

Make good progress and Making satis-factory progress in an educational com-ponent mean that the participant inany educational activity is meeting, ona periodically measured basis of lessthan one year, such as a term or quar-ter, a consistent standard of progressbased upon a written policy that was:developed by the educational institu-tion or program in which she is en-rolled; and approved by the appropriateState or local education agency and bythe State welfare agency or IndianTribe or Alaska Native organization.Such standard includes both a quali-tative measure of a participant’sprogress, such as a grade point average,and a quantitative measure, such as areasonable time limit by which a stu-dent is expected to complete her stud-ies. Upon review and approval by theState or local education agency andthe State IV–A agency or Indian Tribeor Alaska Native organization, thestandard may provide that a studentwho does not meet the institution’s orprogram’s progress standard is none-theless making satisfactory progressduring a probationary period, or shallbe deemed to be making satisfactoryprogress because of mitigating cir-cumstances. Make good progress andMaking satisfactory progress in a train-ing component (i.e., OJT and skillstraining) mean that the participant ismeeting, on a periodically measuredbasis of less than one year, such asquarterly, a consistent standard ofprogress based upon a written policythat was: developed by the trainingprovider, and approved by the State

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IV–A agency or Indian Tribe or AlaskaNative organization. Such standard in-cludes both a qualitative measure of aparticipant’s progress, such as com-petency gains or proficiency level, anda quantitative measure, such as a rea-sonable time limit for completion ofthe training program. Standards formaking good or satisfactory progressin a training program must be em-ployed by October 1, 1992, but should beused at an earlier time if available.

MSA means Metropolitan StatisticalArea, a system of geographical areasdefined and maintained by the Execu-tive Office of the President, Office ofManagement and Budget.

OJT means on-the-job training as au-thorized in § 250.45 and § 250.61.

Postsecondary education means a pro-gram of postsecondary instruction of-fered by:

(1) An institution of higher educationdetermined by the Secretary of Edu-cation to meet section 1201(a), or sec-tion 481 (a), (b), or (c) of the HigherEducation Act of 1965, as amended;

(2) An institution of higher educationor a vocational school determined bythe Secretary of Education to meetsection 435(b) or section 435(c) of theHigher Education Act of 1965, asamended; or

(3) A public institution that is legallyauthorized by the State to provide sucha program within the State.

Secretary means the Secretary ofHealth and Human Services.

Target population means that groupcomposed of each individual who:

(1) Is receiving AFDC, and who hasreceived such aid for any 36 of the pre-ceding 60 months;

(2) Makes application for AFDC, andhas received such aid for any 36 of the60 months immediately preceding themost recent month for which applica-tion has been made;

(3) Is a custodial parent under theage of 24 who:

(i) Has not completed a high schooleducation and, at the time of applica-tion for AFDC, is not enrolled in highschool (or a high school equivalencycourse of instruction); or

(ii) Had little or no work experiencein the preceding year; or

(4) Is a member of a family in whichthe youngest child is within 2 years of

being ineligible for AFDC because ofage.

For a particular State, this term willinclude, in lieu of individuals listed,such alternative groups of long-term orpotential long-term recipients as theState has demonstrated to the satisfac-tion of the Secretary are feasible tar-get populations in that State’s case-load.

UP means Unemployed Parent andrefers to the program authorized insection 407 of the Social Security Actwhich provides aid to a dependent childwho is deprived of parental support orcare by reason of the unemployment ofthe parent who is the principal earner.

Subpart B—Administration§ 250.10 State IV–A agency administra-

tion.(a) The State agency responsible for

the administration or supervision ofthe State’s title IV–A plan is respon-sible for the administration or super-vision of the JOBS program.

(b) Except as provided in paragraph(c)(2), JOBS activities which involvedecision-making with regard to indi-vidual participants may be performedby an entity other than the State IV–A agency according to the policies,rules, and regulations of the State IV–A agency. In doing so, such entity mustnot have the authority to review,change, or disapprove any administra-tive decision of the State IV–A agency,or otherwise substitute its judgmentfor that of the State IV–A agency as tothe application of policies, rules, andregulations promulgated by the StateIV–A agency.

(c) JOBS activities may be delegatedor contracted with the exception of thefollowing:

(1) Overall program administration,including:

(i) Establishment of optional provi-sions and components of the program;

(ii) Responsibility for program plan-ning, design of program, and determin-ing who should participate;

(iii) Establishment of program par-ticipation requirements;

(iv) Development of a definition ofgood cause for failing to participate;and

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(v) The issuance of other policies,rules, and regulations governing theprogram.

(2) Actions involving individuals, in-cluding:

(i) Determination of exemption sta-tus;

(ii) Determination of good cause forfailure or refusal to participate;

(iii) Determination and applicationof sanctions;

(iv) Providing notice of case actions;and

(v) Fair hearings.

§ 250.11 Requirement for a statewideprogram.

(a) Not later than October 1, 1992 theState must make the JOBS programavailable on a statewide basis. Thismeans that the JOBS program, includ-ing all components described in § 250.44and two of the components in § 250.45,must be available in each political sub-division of the State, unless the Statedetermines that it is not feasible to doso.

(b) Although all required and at leasttwo optional components, as describedin §§ 250.44 and 250.45, must be includedin a State JOBS program, the compo-nents need not be operated in the samemanner in each political subdivision,nor must the State operate the sameoptional components, as listed in§ 250.45, in each political subdivision.

(c)(1) If the State IV–A agency con-cludes that a statewide program is notfeasible, appropriate justification mustbe submitted to the Secretary for re-view and approval as part of its JOBSplan, unless the following criteria aremet:

(i) A minimal JOBS program is avail-able in a number of political subdivi-sions in which 95 percent of the State’sadult recipients reside; and

(ii) A complete JOBS program isavailable in all Metropolitan Statis-tical Areas in the State, and in a num-ber of political subdivisions in which 75percent of the State’s adult recipientsreside.

(iii) A minimal program includeshigh school or equivalent education, asspecified in § 250.44, one optional com-ponent from among those specified at§ 250.45, and information and referral to

available non-JOBS employment serv-ices. A complete program includes allmandatory components as well as anytwo optional components.

(iv) In determining the percentagesof adult recipients residing in politicalsubdivisions of a State, for purposes ofthis section, adult members of IndianTribes and Alaska Native organizationswho reside within the service area of aTribal JOBS program, pursuant to§ 250.90, will not be counted.

(2) The justification must include thefollowing:

(i) The number of adult recipientsthat would be excluded and a compari-son of:

(A) The estimated average annualunit cost per participant were theJOBS program extended to excludedareas with

(B) The estimated average annualunit cost per JOBS participant in theincluded areas;

(ii) A description of the local eco-nomic conditions that make operationof the program in such areas infeasible;and

(iii) Whether the State expects to ex-pend all of its limit of entitlement,pursuant to § 250.70, for the period cov-ered by the JOBS plan.

§ 250.12 Coordination and consulta-tion.

State IV–A agencies are required toassure coordination of JOBS programservices, including child care and sup-portive services pursuant to § 255.3(h) ofthe regulations, with related servicesprovided by other agencies.

(a) The Governor shall assure thatJOBS program activities are coordi-nated with programs under the JobTraining Partnership Act (JTPA) andwith any other relevant employment,training, and education programsavailable within the State. At a mini-mum, this means that the appropriatejob training and preparation compo-nents of the State JOBS plan shall beconsistent with the coordination cri-teria specified in the Governor’s co-ordination and special services plan re-quired under section 121 of the JTPA.

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(b) In developing the JOBS plan andcarrying out the JOBS program, in-cluding the supportive services provi-sions, the State IV–A agency must con-sult and coordinate with other provid-ers, including those specified in para-graph (c) of this section, to identify ex-isting resources to prevent duplicationof services, assure that other programservices are available to enable partici-pants to achieve self-sufficiency, andassure that costs for these other serv-ices for which welfare recipients havebeen eligible are not incurred by theJOBS program pursuant to § 250.72.

(c) At a minimum, the State IV–Aagency must consult and coordinatewith:

(1) The State agency responsible forJTPA;

(2) The State agency responsible forthe Employment Service;

(3) The State education agency forprograms under the Adult EducationAct (20 U.S.C. 1201 et seq.) and Carl D.Perkins Vocational Education Act (20U.S.C. 2301 et seq.);

(4) The State agencies responsible forchild care activities as described in§ 255.3(h); and

(5) The State agencies responsible forpublic housing.

(d) The State IV–A agency and localwelfare agencies, as appropriate, mustconsult with the private industry coun-cils (as established under section 102 ofthe JTPA):

(1) On the development of arrange-ments and contracts under JOBS, asdescribed in § 250.13, and under theJTPA; and

(2) To identify and obtain advice onthe types of jobs available, or likely tobecome available, in the area. TheState IV–A agency must ensure thatJOBS provides training for the types ofjobs which are, or are likely to become,available in the area, and that re-sources are not expended on trainingfor jobs that are not likely to becomeavailable.

(e) The State IV–A agency must ex-change information with an eligible In-dian Tribe or Alaska Native organiza-tion which submitted an application tothe Department by April 13, 1989 to op-erate a separate JOBS program under§ 250.91.

(1) This information includes avail-able data on adult Tribal or Alaska Na-tive organization AFDC recipients nec-essary to determine a Tribe or organi-zation’s JOBS funding level and des-ignated service area, as appropriate, asdescribed in § 250.93(b). State and Tribaland Alaska Native organization rep-resentatives receiving such AFDC re-cipient data must follow comparablestandards of confidentiality as de-scribed in § 250.93(b).

(2) Since the State IV–A agencymaintains responsibility for providingbasic AFDC program services, such aseligibility notifications, and child carefunds or services to participants in aTribal JOBS program, the State andsuch grantee must coordinate inter-related activities as described in§ 250.94(a) and part 255.

§ 250.13 Contracting authority.The State IV–A agency shall carry

out the JOBS program directly orthrough arrangements or under con-tracts with administrative entitiesunder section 4(2) of the Job TrainingPartnership Act (JTPA), with Stateand local educational agencies, andwith other public agencies, IndianTribes or Alaska Native organizationsor private organizations (includingcommunity-based organizations as de-fined in section 4(5) of the JTPA).

(a) Arrangements and contracts en-tered into under this section may coverany service or activity (including out-reach, information and referral) to bemade available under the JOBS pro-gram. Such contracted service or activ-ity must be consistent with the re-quirements under § 250.10 and must nototherwise be available on a non-reimbursable basis, as specified in§ 250.72(c).

(b) The State IV–A agency must con-sult with the private industry councilson the development of arrangementsand contracts under JOBS pursuant to§ 250.12.

(c) In selecting service providers, theState IV–A agency must take into ac-count appropriate factors which mayinclude past performance in providingsimilar services, demonstrated effec-tiveness, fiscal accountability, cost ef-ficiency, ability to meet performancestandards, and such other factors as

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the State IV–A agency may determineto be appropriate.

(d) For purposes of claiming FFP, theState IV–A agency must segregatecosts by the applicable matching rates,as defined at § 250.73(b)(1), in any ar-rangement or contract entered intounder this section.

(e) Services contracted under JOBSare subject to the requirements of part92, excluding the provisions at§ 92.30(d)(4).

Subpart C—State PlanRequirements and Content

§ 250.20 Requirement for a State JOBSplan.

(a) As a condition of participation inthe AFDC program, the agency respon-sible for administering or supervisingthe administration of the IV–A planmust:

(1) No later than October 1, 1990, es-tablish and operate a JOBS programunder a JOBS plan that has been ap-proved by the Secretary before imple-mentation and that meets the require-ments of this part;

(2) Submit its initial JOBS plan tothe Secretary for review and action atleast 45 days prior to the anticipatedimplementation date; and

(3) Submit its initial SupportiveServices plan, in accordance with§§ 255.1 and 256.1 concurrent with theinitial JOBS plan, except that a Statewhich has not submitted a JOBS planprior to April 1, 1990, must submit aSupportive Services plan for transi-tional child care in accordance with§ 256.1 at least 45 days prior to imple-mentation.

(b) The initial JOBS plan and Sup-portive Services plan will be subject toprior approval by the Secretary. FFPwill only be available for expendituresincurred after approval by the Sec-retary.

(c) A State JOBS plan and Support-ive Services plan must be submitted to:

(1) The Governor for review and com-ment; and

(2) The State Job Training Coordi-nating Council (SJTCC) and the Stateeducation agency for review and com-ment at least 60 days prior to submit-tal to the Secretary. The plan shall bepublished and otherwise made reason-

ably available through local news fa-cilities and public announcements, tothe general public, including membersof federally-recognized Tribes andAlaska Native organizations in theState, for review and comment, concur-rent with submittal to the SJTCC andthe State education agency. Commentsreceived shall be resolved by the State.

(d)(1) State JOBS plans and Support-ive Services plans submitted to theSecretary prior to the issuance of theJOBS and Supportive Services planpreprints shall be considered interimplans.

(2)(i) A State operating a JOBS pro-gram and providing supportive servicesunder interim plans shall submit a newJOBS plan and a new Supportive Serv-ices plan for approval within 90 days ofthe date that JOBS and SupportiveServices plan preprints are issued bythe Secretary.

(ii) The new JOBS and SupportiveServices plans must be submitted forpublic review and comment pursuantto the provisions of paragraph (c) nolater than 30 days prior to submittal tothe Secretary, if substantial changes tothe interim plans have been made.

(iii) Interim plans shall remain inforce until formal action on the newplans is taken (i.e., approval or dis-approval) by the Secretary.

(e)(1) The State must submit an up-date of its JOBS and Supportive Serv-ices plans to the Secretary for approvalnot less than every two years. The up-date shall be considered a new JOBSplan and Supportive Services plan, andshall be submitted to the Secretary forapproval at least 90 days prior to begin-ning of the next biennial period. TheState must follow the public reviewand comment provisions in paragraph(c).

(2) The update must consist of:(i) Assurances regarding those parts

of the State JOBS Plan and SupportiveServices plan that remain unchanged;

(ii) A description of any changes inprogram operations including but notlimited to changes in components andtarget populations served;

(iii) An estimate of the number ofpersons to be served by the programduring the next biennium and theavailability of services provided by the

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State IV–A agency as well as other pro-viders; and

(iv) An assurance that the StateJOBS plan is consistent with the co-ordination criteria specified in the cur-rent Governor’s Coordination and Spe-cial Services Plan required under sec-tion 121 of the JTPA.

(3)(i) For all States the first biennialupdate must be submitted by July 1,1992, for the period beginning October1, 1992. As an alternative, a State maysubmit its first biennial update byApril 1, 1992 for the period beginningJuly 1, 1992. A State which elects tosubmit its biennial update on April 1,1992 for the period beginning July 1,1992 must show in the update that itwill have a Statewide program by Octo-ber 1, 1992.

(ii) A State JOBS plan and Support-ive Services plan approved pursuant toparagraph (d)(2) shall remain in forceuntil formal action is taken (i.e., ap-proval or disapproval) by the Secretaryon the first biennial update.

(iii) Each approved biennial updateshall remain in force until formal ac-tion is taken (i.e., approval or dis-approval) by the Secretary on the up-date for the following biennial period.

(f)(1) The State shall submit proposedamendments to approved plans as nec-essary and they shall be reviewed ac-cording to the process described at§§ 201.3(f) and 201.3(g).

(2) A plan amendment is necessary ifthe State makes changes which affecteligibility for services or requirementsto participate, or makes changes inprogram design that alter the nature ofthe program.

(g) A State that submits a plan, anamendment to an existing plan, or a bi-ennial update that is not approvablewill be given the opportunity to makerevisions before formal disapproval;upon formal disapproval, a State mayrequest a hearing pursuant to the proc-ess set forth in § 201.4 and part 213.

§ 250.21 State plan content.

A State’s JOBS plan must containthe following:

(a) Assurances that:(1) The title IV–A agency will, upon

approval of the JOBS plan by the Sec-retary, have in effect and operation:

(i) A JOBS program that meets therequirements of section 402(a)(19) andtitle IV–F of the Act; and

(ii) A program for providing childcare and other supportive services con-sistent with the requirements of theAct and with the State’s separate Sup-portive Services plan, pursuant to§§ 255.1 and 256.1;

(2) The JOBS program will meet allstatutory and regulatory requirements;

(3) To the extent that the program isavailable in a political subdivision of aState and the State’s resources other-wise permit, the State will require non-exempt recipients for whom the Stateguarantees child care in accordancewith § 255.2(a) to participate;

(4) Individuals are not discriminatedagainst on the basis of race, sex, na-tional origin, religion, age, or handi-capping condition in assignment totraining and education developed underthe JOBS program;

(5) In assigning participants to anyJOBS program activity the State agen-cy will comply with the provisions ofsection 484(a) of the Act;

(6) Benefits and services providedunder the programs in part A, part D,and part F of title IV of the Act arefurnished in an integrated manner;

(7) Services provided by the State IV–A agency are not otherwise availableon a non-reimbursable basis, as re-quired by § 250.72(e);

(8) All applicants for and recipientsof aid are encouraged, assisted, and re-quired to fulfill their responsibilitiesto support their children by preparingfor, accepting, and retaining such em-ployment as they are capable of per-forming;

(9) State and local funds expended forsuch purpose shall be maintained atleast at the level of such expendituresfor the FY 1986. The FY 1986 level mustbe identified;

(10) Federal funds made available toa State for purposes of the programshall not be used to supplant non-Fed-eral funds for existing services and ac-tivities which promote the purpose ofpart F of title IV of the Act.

(b) Information about overall imple-mentation of the State’s JOBS pro-gram:

(1) A statement of the goals and ob-jectives of the State JOBS program,

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and a description of how the State in-tends to implement the program duringthe biennium to support those goalsand objectives;

(2) A description of the administra-tive structure for the JOBS program;

(3) A description of the contractingprocess that will be used to deliverservices for the State IV–A agency,pursuant to § 250.13, including:

(i) Types of services to be providedunder contract;

(ii) Types of contracts used;(iii) Types of providers;(4) If the State program is less than

statewide, identification of subdivi-sions to be included or excluded. Forany period after September 30, 1992, forwhich the State does not meet the cri-teria at § 250.11(c)(1), justification asdescribed at § 250.11(c)(2);

(5) If the State proposes to serve tar-get populations other than those de-scribed at § 250.1,

(i) The characteristics of the case-load in the State that make it infeasi-ble to meet the requirements of§ 250.74(a)(1); and

(ii) The long-term or potential long-term recipients that the State istargeting instead of those described at§ 250.1.

(6) A description of the State’s dis-pute resolution process including:

(i) A description of the conciliationprocess including:

(A) Length of conciliation; and(B) The entity responsible for concil-

iation;(ii) A description of an alternative

fair hearing process the State uses forthe JOBS program, if any;

(iii) A description of the grievanceprocedure for resolving complaints byregular employees pursuant to section484(d) of the Act.

(c) The options for participationwhich the State elects including:

(1) Lowering the age of the youngestchild (but no less than one) for the ex-emption pursuant to § 250.30(b)(9)(i);

(2) Making exemptions in § 250.30(b)(9)(i) and (b)(9)(ii) inapplicable toboth parents and requiring their par-ticipation if child care is guaranteed inaccordance with part 255;

(3) Limiting exemptions in § 250.30(b)(9)(i) and (b)(9)(ii) to the parent whois not the principal earner;

(4) Establishing minimum standardsfor work that qualifies an individualfor the exemption at § 250.30(b)(7);

(5) Making supplemental payments ifa family would experience a net loss ofcash income resulting from acceptanceof a job, pursuant to § 250.35(c). A Statemust describe what necessary and rea-sonable expenses it uses to calculate‘‘net loss of cash income;’’

(6) Allowing a parent under age 25who has not completed high school oran equivalent course of education tomeet the unemployed parent program16-hour work requirement by partici-pating in educational activities.

(d) A description of program oper-ations to include the following:

(1) A description of the client flowprocess;

(2) For each required component andeach optional component a State elects(including all components in §§ 250.46,250.47, and 250.48):

(i) A description of the services to beprovided in the component;

(ii) The extent to which such serviceswill be:

(A) Available on a non-reimbursablebasis;

(B) Provided directly or funded bythe State IV–A agency;

(iii) The extent to which such serv-ices will be provided in each politicalsubdivision covered by the State JOBSprogram;

(3) If the State elects to use a casemanagement system pursuant to§ 250.43, a description of the case man-agement system to include:

(i) How case management serviceswill be delivered and by what entities;and

(ii) If not used statewide, descriptionof methods by which individuals will beassigned a case manager;

(4) If the State elects to use agree-ments or contracts with participants,pursuant to § 250.42, a description ofhow they will be used, including, if notused statewide, how the State will de-termine for whom they will be used;

(5) If the State elects to offer an al-ternative work experience componentpursuant to § 250.63, a description of po-tential sponsors, types of activities,the hours and duration of participation

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that will be required, target popu-lations, and how the program differsfrom CWEP;

(6) If the State elects to design awork program for unemployed parents,pursuant to § 250.33, a description of theprogram including an assurance thatthe State has not substituted edu-cation or training activities for thework requirement;

(7) If the State elects to operate awork supplementation component pur-suant to § 250.62, which of the followingoptions it elects and, if appropriate,what the policy is with respect to:

(i) Exempting individuals holdingsupplemented jobs from the retrospec-tive budgeting requirements at part 233and monthly reporting;

(ii) Varying the standard of need bysubdivision in which the worksupplementation component is in oper-ation;

(iii) Varying the standard of need fordifferent categories of recipients on thebasis of ability to participate in theprogram;

(iv) Making any other adjustment inthe amount of aid paid under the titleIV–A plan to different categories of re-cipients pursuant to § 250.62(i)(3);

(v) Reducing or eliminating theamount of earned income to be dis-regarded from participation in a sup-plemented job;

(vi) Varying the number of months(up to nine) the State applies the $30and one-third or the $30 disregard;

(vii) Using a sampling methodologyto determine the amounts to be re-served and used for providing and sub-sidizing jobs pursuant to § 250.62(m);

(8) Description of any State limits orrestrictions upon postsecondary edu-cational services, with respect to thesubject matter of the education ortraining offered, length of program,characteristics of the institution, andlength of coverage under JOBS (if dif-ferent from length of program), for:

(i) Postsecondary education to whichthe State refers a JOBS participantunder § 250.46.

(ii) Self-initiated education or train-ing under § 250.48(a) for which the Stateprovides child care or supportive serv-ices.

(9) Criteria established for:

(i) Determining the inappropriate-ness of educational activities for custo-dial parents aged 18 or 19 who are to beplaced in training or work activities inlieu of educational activities under§ 250.32(a)(3);

(ii) Assigning an individual aged 20 orover who does not have a high schooldiploma or the equivalent to edu-cational activities under § 250.32(b);

(iii) Approving postsecondary edu-cational activities under § 250.46, if theState elects to refer participants tosuch education; and

(iv) Approving self-initiated edu-cation or training under § 250.48(a).

(10) If the State elects to excuse cus-todial parents under 18 years of agefrom educational activities, the cri-teria in accordance with § 250.32;

(11) If the State elects to define‘‘basic literacy level’’ as higher thanthe grade 8.9 floor defined at § 250.1, theState’s definition;

(12) The State’s definition of other‘‘good cause’’ for failure to participatein accordance with § 250.35(d). At a min-imum this must include circumstancesthat are beyond a household’s control;

(13) If a State elects to provide casemanagement services to an individualwho loses eligibility for AFDC after sheaccepts employment, the length oftime up to 90 days for which serviceswill be provided;

(e) A description of the nature of co-ordination with public and privateagencies and organizations as describedat § 250.12. This must include:

(1) Identification of specific existingresources that are available and appro-priate for participants in the StateJOBS program;

(2) A description of coordination andconsultation in the development of theState JOBS plan;

(3) A description of how the StateJOBS plan is consistent with the co-ordination criteria specified in theGovernor’s coordination and specialservices plan, pursuant to § 250.12(a);

(4) The results of consultation withprivate industry councils to assurethat training and educational activi-ties under JOBS are directed towardjobs that are available or likely to be-come available;

(f) Annual estimates of the numbersof persons to be served on a monthly

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basis during the biennium covered bythe plan, and;

(g) Other information needed to clar-ify how the State has chosen to imple-ment its JOBS program in accordancewith title II of the Family Support Actof 1988 and implementing regulations.

Subpart D—Participation Require-ments, Exemptions and Sanc-tions

§ 250.30 Requirements for individualparticipation and exemptions.

A State JOBS plan must providethat:

(a) Where State resources otherwisepermit, all recipients of AFDC who livein a subdivision covered by a JOBS pro-gram and for whom the State IV–Aagency has guaranteed child care in ac-cordance with part 255 shall be requiredto participate in JOBS except as pro-vided under paragraph (b) of this sec-tion.

(b) An individual shall be consideredexempt and not be required to partici-pate if she:

(1) Is a child who—(i) Is under age 16, or(ii) Attends, full-time, an elemen-

tary, secondary, vocational or tech-nical school (except that such schoolattendance as a required JOBS activityfor a child who loses this exemptionwill not requalify the child for the ex-emption);

(2) Is ill, when determined by theState on the basis of medical evidenceor another sound basis that the illnessor injury is serious enough to tempo-rarily prevent entry into employmentor training;

(3) Is incapacitated, when verified bythe State that a physical or mental im-pairment, determined by a physician ora licensed or certified psychologist,prevents the individual from engagingin employment or training underJOBS. This may include a period of re-cuperation after childbirth if pre-scribed by a woman’s physician;

(4) Is 60 years of age or older;(5) Resides in a subdivision of the

State where the JOBS program isavailable, but in a location which is soremote from a JOBS program or activ-ity that effective participation is pre-cluded. The individual shall be consid-

ered remote if a round trip of morethan 2 hours by reasonably availablepublic or private transportation, exclu-sive of time necessary to transportchildren to and from a child care facil-ity, would be required for a normalwork or training day. However, if nor-mal round trip commuting time in thearea is more than 2 hours, then theround trip commuting time shall notexceed the generally accepted commu-nity standards;

(6) Is needed in the home because an-other member of the household re-quires the individual’s presence due toillness or incapacity as determined bya physician or a licensed or certifiedpsychologist, and no other appropriatemember of the household is availableto provide the needed care;

(7) Is working 30 or more hours aweek. The State IV–A agency may es-tablish minimum standards in itsJOBS plan for work that qualifies anindividual for this exemption;

(8) Is pregnant, and it has been medi-cally verified that the child is expectedto be born in the month in which par-ticipation would be required or withinthe following six-month period;

(9)(i) Subject to paragraph (b)(9)(iv),is the parent or other relative of achild under 3 years of age (or an ageless than 3 but not less than 1, if theState plan so provides) who is person-ally providing care for the child; or

(ii) Subject to paragraph (b)(9)(iv), isthe parent or other relative personallyproviding care for a child under 6 yearsof age, unless the State IV–A agencyassures that child care will be guaran-teed and that participation in the pro-gram by the parent or relative will notbe required for more than 20 hours perweek.

(iii) Only one parent or other relativein a case may be exempt under para-graph (b)(9)(i) or paragraph (b)(9)(ii) ofthis section.

(iv) In the case of a family eligiblefor AFDC by reason of the unemploy-ment of the parent who is the principalearner, only one parent may be exemptunder paragraph (b)(9)(i) or paragraph(b)(9)(ii) of this section. The State IV–A agency may:

(A) Limit the exemptions in para-graph (b)(9)(i) and paragraph (b)(9)(ii)

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of this section to the parent who is notthe principal earner;

(B) Make the exemptions in para-graph (b)(9)(i) and paragraph (b)(9)(ii)of this section inapplicable to both par-ents and require their participation inthe program if child care in accordancewith part 255 is guaranteed with re-spect to the family; or

(10) Is a full-time volunteer servingunder the Volunteers In Service ToAmerica (VISTA) program, pursuant totitle I of the Domestic Volunteer Serv-ice Act of 1973;

(c)(1) The State IV–A agency shall re-evaluate any exemption at such timeas the condition is expected to termi-nate but no less frequently than ateach redetermination of AFDC eligi-bility;

(2) The State IV–A agency shallpromptly notify the recipient and anyappropriate service providers of anychange in the recipient’s exemptionstatus.

§ 250.31 Volunteers.

The State IV–A agency must providethat applicants for and recipients ofAFDC who are exempt under § 250.30from participation in the program orwho are not otherwise required by theState IV–A agency to participate willbe allowed to do so on a voluntarybasis to the extent that the program isavailable in the applicable politicalsubdivision and State resources other-wise permit.

(a) The State IV–A agency shall givefirst consideration to applicants for orrecipients of AFDC who volunteer toparticipate in determining the priorityof participation within the target pop-ulations described at § 250.1.

(b) When an individual who volun-teers to participate stops participatingin the program without good cause asdefined at § 250.35,

(1) If she has been determined to beexempt pursuant to § 250.30, she shallnot be given priority to participate solong as other individuals are activelyseeking to participate.

(2) If she has been determined not tobe exempt pursuant to § 250.30, she shallbe subject to sanction as described at§ 250.34.

§ 250.32 Participation requirementsfor education.

(a) To the extent that the program isavailable in the political subdivisioninvolved and State resources otherwisepermit, in the case of a custodial par-ent who is not yet 20 years of age, hasnot completed a high school education(or its equivalent) and is not exemptfrom participation under § 250.30(b), theState shall require such a parent toparticipate in educational activities asdescribed in § 250.44(a)(1). For purposesof this section, custodial parent meansthe parent who lives with the child, in-cluding custodial parents who wouldotherwise be exempt under § 250.30(b)(9)because of the age of the youngestchild.

(1) The State IV–A agency may re-quire full-time participation (as de-fined by the educational provider) ineducational activities directed towardthe attainment of a high school di-ploma or its equivalent. This includesindividuals who would otherwise onlyhave to participate on a part-timebasis because their youngest child isunder 6 years of age.

(2) The State IV–A agency may ex-cuse a custodial parent who is underage 18 from the school attendance re-quirement if such parent is determinedto be beyond the State’s compulsoryattendance requirements and if theState’s JOBS plan contains criteria formaking this determination. TheState’s criteria must:

(i) Provide that each determinationis based upon an individual assessmentof the parent rather than upon the ap-plication of categorical exemptions;

(ii) Not rely solely upon grade com-pletion; and

(iii) Provide for participation in an-other educational activity as definedunder § 250.44(a) or in skills training ac-tivities under § 250.44(b) that are com-bined with education.

(3) The State IV–A agency may re-quire a custodial parent who is age 18or 19, and required to participate inJOBS under this section, to participatein training or work activities (subjectto the 20-hour limit in § 250.30(b)(9)(ii))instead of educational activities de-scribed at § 250.44(a) if one of the fol-lowing conditions is met:

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(i) Such parent fails to make goodprogress in successfully completingeducational activities, or

(ii) Prior to any assignment of the in-dividual to such educational activitiesit is determined, based on an edu-cational assessment and the employ-ment goal established in the individ-ual’s employability plan, that partici-pation in educational activities is inap-propriate for such parent.

(b) If a State IV–A agency requires anindividual who has attained the age of20 years and has not earned a highschool diploma (or its equivalent) toparticipate in JOBS, the State agencyshall include educational activitiesconsistent with her employment goalsas a component in the individual’s em-ployability plan. Any other services oractivities may not be permitted tointerfere with her participation in ap-propriate educational activities under§ 250.44. However, a State IV–A agencymay elect not to require an individualto participate in educational activitiesif:

(1) The individual demonstrates abasic literacy level; or

(2) The long-term employment goalof the individual, as identified by theState IV–A agency in her employ-ability plan, does not require a highschool diploma (or equivalent).

§ 250.33 Participation requirementsfor unemployed parents.

(a) The State IV–A agency shall re-quire that at least one parent, in anyfamily eligible for AFDC by reason ofthe unemployment of the parent who isthe principal earner, participate for atotal of at least l6 hours a week in awork supplementation program, a com-munity work experience program, orother work experience program, on-the-job training, or a State-designedwork program described in the StateJOBS plan and approved by the Sec-retary. A State-designed work programmay not substitute education or train-ing activities for the work require-ment.

(b) In the case of a parent under age25 who has not completed high schoolor an equivalent course of education,the State IV–A agency may require theindividual to participate in educationalactivities as defined at § 250.44(a) in

lieu of one or more of the programsspecified in paragraph (a). An individ-ual meets the participation require-ments of this section if he or she ismaking satisfactory progress as de-fined at § 250.1.

(c) An individual participating in acommunity work experience programunder § 250.63 shall be considered tohave met the participation require-ment in paragraph (a) if the individualparticipates for the maximum numberof hours in any month calculated in ac-cordance with § 250.63(d)(1).

§ 250.34 Sanctions.(a)(1) When an AFDC recipient who is

required to participate in the JOBSprogram, including those individualsrequired to participate because theState IV–A agency exercised its optionunder § 250.30(b)(9)(iii), fails to comply(i.e., fails without good cause to par-ticipate in the program, refuses with-out good cause to accept employment,or terminates employment or reducesearnings without good cause), the sanc-tions in paragraph (c) of this sectionshall apply during the following peri-ods:

(i) For the first such failure to com-ply, until the failure to comply ceases;

(ii) For the second such failure tocomply, until the failure to complyceases, or 3 months, whichever islonger; and

(iii) For any subsequent failure tocomply, until the failure to complyceases, or 6 months, whichever islonger.

(2) Failure to participate in the pro-gram includes failure to meet StateIV–A agency requirements for orienta-tion, assessment, employability devel-opment planning, or case management.

(b) For the purpose of determiningthat an individual’s failure to complyhas ceased, a State IV–A agency mayrequire the individual to participate inthe activity to which she was pre-viously assigned or an activity de-signed by the State to lead to full par-ticipation for a period of up to twoweeks before terminating the sanction.During such participation, the individ-ual shall be eligible for child care andsupport services which the State deter-mines are necessary for participation.If she successfully participates in such

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activities, the sanction will be consid-ered to have terminated as of the dayshe agreed to participate. If no such ac-tivity is available, the sanction willterminate on the day she agrees to par-ticipate.

(c) During the sanction period:(1) The State IV–A agency will not

take into account the individual’sneeds in determining the family’s needfor assistance and the amount of theassistance payment.

(2) If the individual is a parent whosefamily is eligible in accordance with§ 233.100, the State IV–A agency will nottake into account the needs of the sec-ond parent in determining the family’sneed for assistance and the amount ofthe assistance payment unless the sec-ond parent is participating in the JOBSprogram.

(3) If the individual is the only de-pendent child, the State IV–A agencywill not take into account the individ-ual’s needs in determining the family’sneed for assistance and the amount ofthe assistance payment.

(d) If such individual is a parent orother caretaker relative, payments forthe remaining members of the assist-ance unit will be in the form of protec-tive or vendor payments in accordancewith § 234.60(a)(12). However, if aftermaking reasonable efforts the StateIV–A agency is unable to locate an ap-propriate individual to whom protec-tive payments can be made, the Statemay continue to make payments on be-half of the remaining members of theassistance unit to the sanctioned care-taker relative.

(e) The State IV–A agency willpromptly remind in writing any indi-vidual whose failure or refusal has con-tinued for 3 months of the individual’soption to end the sanction. The noticeshall advise that:

(1) She may immediately terminatethe first or second sanction by partici-pating in the program or accepting em-ployment; and

(2) She may terminate any subse-quent sanction after six months haveelapsed by participating in the pro-gram or accepting employment.

§ 250.35 Good cause.For the purposes of § 250.34(a), good

cause for failure to participate in the

program or refusal to accept employ-ment shall be found if:

(a) The individual is the parent orother relative personally providingcare for a child under age 6 and the em-ployment would require such individ-ual to work more than 20 hours perweek;

(b) Child care (or day care for any in-capacitated individual living in thesame home as a dependent child) isnecessary for an individual to partici-pate or continue participation in theprogram or accept employment andsuch care is not available and the Stateagency fails to provide such care;

(c)(1) The employment would resultin the family of the participant experi-encing a net loss of cash income. A par-ticipant may not claim good causeunder this paragraph if the State IV–Aagency assures that the family will notexperience a net loss of cash income bymaking a supplemental payment;

(2) Net loss of cash income results ifthe family’s gross income less nec-essary work-related expenses is lessthan the cash assistance the individualwas receiving at the time the offer ofemployment is made. Gross income in-cludes, but is not limited to, earnings,unearned income and cash assistance;or

(d) The individual meets othergrounds for good cause set forth by theState IV–A agency in its JOBS plan. Ata minimum, the State must describewhat circumstances beyond the house-hold’s control will constitute ‘‘goodcause.’’

§ 250.36 Conciliation and fair hearings.(a) Each State IV–A agency shall es-

tablish a conciliation procedure to re-solve disputes related to an individ-ual’s participation in the JOBS Pro-gram.

(b) Once conciliation ends and the no-tice of adverse action has been issued,the individual may contest the pro-posed sanction. If she contests andloses, or does not contest, then a sanc-tion will be imposed for the appro-priate time period.

(c) If a dispute is not resolvedthrough conciliation, the State shallprovide the individual with an oppor-tunity for a hearing. The hearing proc-ess may follow the provisions of

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§ 205.10. Alternatively, the hearingprocess may be established for theJOBS program. However, assistancemay not be suspended, reduced, discon-tinued, or terminated as a result of adispute involving an individual’s par-ticipation in JOBS unless the hearingmeets the due process standards setforth by the U.S. Supreme Court inGoldberg v. Kelly, 397 U.S. 254 (1970).

Subpart E—Operation of StateJOBS Programs/ProgramComponents

§ 250.40 Providing program informa-tion to AFDC applicants and recipi-ents.

(a) The State IV–A agency must atthe time of application or redetermina-tion inform all AFDC applicants andrecipients, in writing and orally as ap-propriate, of the availability of theprogram activities and the supportiveservices for which they are eligible,and agency and participant responsibil-ities, including:

(1) Education, employment, andtraining opportunities available underthe JOBS plan;

(2) Supportive services, including,but not limited to, child care duringparticipation, transitional child care,health coverage transition options pur-suant to section 1925 of the Act, andtransportation and other work-relatedsupportive services provided under theJOBS plan;

(3) The obligations of the State IV–Aagency including the program and sup-portive services to be provided, as de-scribed in paragraphs (a) (1) and (2) ofthis section;

(4) The rights, responsibilities, andobligations of participants in the pro-gram, including but not limited to, thegrounds for exemptions from participa-tion and the consequences for refusingor failing to participate (including theeffect on volunteers as described in§ 250.31);

(5)(i) The types and locations of childcare services reasonably accessible toparticipants in the program. Such in-formation may be provided directly orthrough arrangement with others suchas the appropriate human services orresource and referral agency;

(ii) The assistance that is availableto help participants select appropriatechild care services; and

(iii) The assistance available, on re-quest, to help participants obtain childcare services.

(b) The agency must also inform ap-plicants and recipients of their respon-sibility to cooperate in establishing pa-ternity and enforcing child support ob-ligations, as described in part 232, andmust assist individuals in obtainingthe paternity establishment and childsupport services for which they may beeligible.

(c)(1) After the State IV–A agencygives an AFDC applicant the informa-tion described in paragraphs (a) and (b)of this section, the State IV–A agencymust notify the individual, in writing,within one month of the determinationof eligibility, of the opportunity to in-dicate her desire to participate in theprogram and provide a clear descrip-tion of how to enter the program.

(2) After the State IV–A agency givesan AFDC recipient the information de-scribed in paragraphs (a) and (b) of thissection, the State IV–A agency mustnotify the individual, in writing, with-in one month of providing that infor-mation, of the opportunity to indicateher desire to participate in the pro-gram, and provide a clear descriptionof how to enter the program.

(3) The notification provision in para-graphs (c)(1) and (c)(2) of this sectiondoes not prohibit the State IV–A agen-cy from requiring non-exempt recipi-ents, or applicants in the case of jobsearch, to participate in the JOBS pro-gram prior to the one-month notice.

(4) If a non-exempt individual indi-cates a preference not to participate, inresponse to such notification underparagraphs (c)(1) or (c)(2) of this sec-tion, such a preference does not pre-vent the State IV–A agency from oth-erwise requiring participation in JOBS.

§ 250.41 Initial assessment and employ-ability plan.

(a)(1) Within a reasonable time pe-riod prior to participation the StateIV–A agency must make an initial as-sessment of employability based on:

(i) The individual’s educational, childcare, and other supportive servicesneeds;

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(ii) The individual’s proficiencies,skills deficiencies, and prior work ex-perience;

(iii) A review of the family cir-cumstances, which may include theneeds of any child of the individual;and

(iv) Other factors that the State IV–A agency determines are relevant indeveloping the employability plan, asdescribed in paragraph (b) of this sec-tion.

(2) The State IV–A agency may con-duct the initial assessment throughvarious methods such as interviews,testing, counseling and self-assessmentinstruments.

(b) On the basis of the assessment de-scribed in paragraph (a) of this section,the State IV–A agency must develop anemployability plan in consultationwith the participant, including a par-ticipant in a self-initiated activity pur-suant to § 250.48 of this part.

(1) The employability plan must:(i) Contain an employment goal for

the participant;(ii) Describe the services to be pro-

vided by the State IV–A agency, in-cluding child care and other supportiveservices pursuant to part 255;

(iii) Describe the JOBS activities, asprovided in subpart E of this part, thatwill be undertaken by the participantto achieve the employment goal; and

(iv) Describe any other needs of thefamily, pursuant to paragraph(a)(1)(iii), that might be met by JOBS,such as participation by a child in drugeducation or in life skills planning ses-sions.

(2) The employability plan shall takeinto account:

(i) Available program resources;(ii) The participant’s supportive serv-

ices needs;(iii) The participant’s skills level and

aptitudes;(iv) Local employment opportunities;

and(v) To the maximum extent possible

the preferences of the participant.(3) The employability plan shall not

be considered a contract.(4) Final approval of the plan rests

with the State IV–A agency.

§ 250.42 Agency-participant agreement.(a) Following the initial assessment

and the development of the employ-ability plan as described in § 250.41, theState IV–A agency may require theparticipant (or the adult caretaker inthe family of which the participant is amember) to negotiate and enter into anagreement with the State IV–A agency.

(1) Such agreement should indicateat a minimum:

(i) The purpose of the agreement;(ii) The participant’s obligations

under the program;(iii) The length of participation in

the program, including the number ofhours of participation per week; and

(iv) The educational, training andemployment activities, and the sup-portive services, including child care,to be provided by the agency duringthe period of participation.

(2) If the State IV–A agency electsthis option, it must give the partici-pant such assistance as she may needto review and understand the agree-ment.

(3) This agreement may be considereda contract between the State IV–Aagency and the JOBS participant, pur-suant to applicable State laws and reg-ulations.

(b) If the State IV–A agency elects touse agreements or contracts, it doesnot have to use them in all politicalsubdivisions having JOBS programs.The State IV–A agency, however, mustapply this provision to participants onan equitable basis.

§ 250.43 Case management.(a) The State IV–A agency may as-

sign a case manager to a participantand the participant’s family. The deci-sion to assign a case manager may bemade on a case-by-case basis.

(b) The case manager must be respon-sible for assisting the family to obtainany services that may be needed to as-sure effective participation in the pro-gram.

§ 250.44 Mandatory components.A State’s JOBS program must in-

clude the following four services andactivities. The State IV–A agency neednot make each service or activity a dis-crete offering, but may combine sev-eral into a single program activity,

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provided that the State IV–A agencycan adequately distinguish the prin-cipal components for the purpose ofFederal reporting requirements. Therequired services and activities are:

(a) Any educational activity belowthe postsecondary level that the StateIV–A agency determines to be appro-priate to the participant’s employmentgoal. Such activities may be combinedwith training that the State IV–Aagency determines is needed in rela-tion to the participant’s employabilityplan. The educational activities thatmust be made available include, butare not limited to:

(1) High school education or edu-cation designed to prepare a person toqualify for a high school equivalencycertificate;

(2) Basic and remedial education thatwill provide an individual with a basicliteracy level, equivalent to at leastgrade 8.9; and

(3) Education in English proficiencyfor an individual who is not suffi-ciently competent to understand,speak, read, or write the English lan-guage to allow employment commensu-rate with her employment goal;

(b) Job skills training, which in-cludes vocational training for a partic-ipant in technical job skills and equiv-alent knowledge and abilities in a spe-cific occupational area;

(c) Job readiness activities that helpprepare participants for work by assur-ing that participants are familiar withgeneral workplace expectations and ex-hibit work behavior and attitudes nec-essary to compete successfully in thelabor market; and

(d) Job development and job place-ment activity by the agency, in solicit-ing a public or private employer’sunsubsidized job opening or in discov-ering such job openings, and the mar-keting of participants, and securing jobinterviews for participants.

§ 250.45 Optional components.

A State JOBS program must include,but is not limited to, at least two ofthe following four components:

(a) Group and individual job search,as described in § 250.60;

(b) On-the-job training, as describedin § 250.61;

(c) Work supplementation, as de-scribed in § 250.62; and

(d) Community work experience pro-gram, or other approved work experi-ence program, as described in § 250.63.

§ 250.46 Postsecondary education.

A State’s JOBS program may includereferral of a participant to postsecond-ary education, as determined necessaryto meet any individual goals that aredirectly related to obtaining useful em-ployment in a recognized occupation,within limits established by the StateIV–A agency and reflected in the StateJOBS plan. In accordance with§ 233.20(a)(2)(v), the costs of such edu-cation, including tuition, books andfees, do not qualify for FFP as specialneeds.

§ 250.47 Other education, training, andemployment activities.

(a) A State’s JOBS program may in-clude education, training, and employ-ment activities other than those de-scribed in §§ 250.44 through 250.46, butwhich are included in the approvedState JOBS plan.

(b) In no event will a State programof public service employment be ap-proved under JOBS. Public service em-ployment is fully-subsidized employ-ment in a public agency.

§ 250.48 Self-initiated education ortraining.

(a) The State IV–A agency may allowa parent or other caretaker relative orany dependent child in the family whois attending in good standing an insti-tution of higher education (as definedin section 481(a) of the Higher Edu-cation Act of 1965), or a school or otherentity offering a course of vocationalor technical training, at the time shewould otherwise commence participa-tion in the JOBS program, to continueto attend. Vocational or technicaltraining leads to useful employment ina recognized occupation. It includespostsecondary education, as defined in§ 250.1, that results in other than a bac-calaureate or advanced degree, andsuch training offered by other entitiessuch as public secondary schools andpublic and private entities that offeradult vocational education.

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(1) Self-initiated activity qualifies as‘‘self-initiated education or training’’under this paragraph if:

(i) The participant is attending atleast half-time as defined by the insti-tution;

(ii) The participant is making satis-factory progress in such institution,school, or course;

(iii) The course of study is consistentwith the individual’s employment goal;and

(iv) The participant meets theState’s criteria for determining the ap-propriateness of the self-initiated edu-cation or training.

(2)(i) The State IV–A agency mustconduct an assessment and develop anemployability plan, as provided at§ 250.41, so that the State IV–A agencymay determine the appropriateness ofthe education or training in accordancewith the criteria it has established.

(ii) If the State IV–A agency approvesthe self-initiated education or training,any other JOBS activities in whichsuch individual participates may notbe permitted to interfere with the edu-cation or training activity. However,an individual may be required to ac-cept employment after a review of heremployability plan, if the State IV–Aagency has informed her at the time itfirst approves the self-initiated activ-ity that it could perform such a reviewand reassignment.

(3) The costs of self-initiated edu-cation or training under this paragraphshall not constitute federally reimburs-able expenses under JOBS.

(4) A State IV–A agency may restrictpostsecondary education or training inits State JOBS plan.

(5) The costs of child care, transpor-tation, and other supportive servicesnecessary for approved self-initiatededucation or training under this para-graph are eligible for Federal reim-bursement pursuant to § 255.4.

(b) If an individual in a JOBS area isenrolled in a self-initiated activitythat does not meet the requirements ofparagraph (a) of this section, the Statemay approve such activity as a JOBSactivity according to the regulationsand State criteria applicable to JOBScomponent activities covered under§§ 250.44 through 250.47. Eligibility forchild care, transportation and other

supportive services shall be in accord-ance with § 255.2.

Subpart F—[Reserved]

Subpart G—Optional Componentsof State JOBS Programs

§ 250.60 Job search program.(a) A State IV–A agency may operate

a job search program as a component ofits JOBS program. A job search pro-gram may serve participants in eithergroup or individual job-seeking activi-ties.

(1) Individual job search includes theprovision of counseling, job-seekingskills training, information dissemina-tion and support on a one-to-one basis.

(2) Group job search includes the pro-vision of counseling and training in agroup setting where applicants or re-cipients are taught job-seeking skills,and may include a phone bank fromwhich participants contact potentialemployers.

(b) In addition to non-exempt recipi-ents, a State IV–A agency may requirean individual applying for AFDC toparticipate in a job search componentunless she is exempt under § 250.30(b).

(c) A State IV–A agency may requirean individual to participate in a jobsearch component from the date shefiles an application for aid for an ini-tial period of up to eight consecutiveweeks. Following this initial period(which may extend beyond the datewhen eligibility is determined), theState IV–A agency may require addi-tional participation in a job searchcomponent not in excess of eight weeks(or its equivalent) in any period of 12consecutive months. The first such pe-riod of 12 consecutive months shallbegin at any time following the close ofthe initial period.

(1) A State IV–A agency may notdelay the processing of an individual’sapplication for aid because of her par-ticipation in job search.

(2) In no event may an individual berequired to participate in job search formore than 3 weeks before the State IV–A agency conducts an assessment asprovided at § 250.41. If the State IV–Aagency determines based on the assess-ment that another JOBS activity ismore appropriate, or is required by

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part 250, the State IV–A agency shallterminate the job search requirement.

(d) Additional job search activitiesbeyond those required in paragraph (c)may be required only as part of an-other educational, training, or employ-ment component designed to improvethe individual’s employment prospects.

(e) Job search by an individual underthis section shall in no event be treat-ed, for any purpose, as an activityunder JOBS if the individual has par-ticipated in such job search for 4months (or its equivalent) out of thepreceding 12 months.

§ 250.61 On-the-job training.(a) A State IV–A agency may operate

an on-the-job training (OJT) programas a component of its JOBS program.Under OJT a participant is hired by aprivate or public employer and whileengaged in productive work receivestraining that provides knowledge orskills essential to the full and adequateperformance of that job. The State IV–A agency or its agent shall enter intoa contract with the OJT employer toreimburse the employer for providingtraining and additional supervision tothe participant.

(b) Payments to an employer for on-the-job training shall not exceed an av-erage of 50 percent of the wages paid bythe employer to the participant duringthe period of such training.

(c) A participant in OJT shall becompensated by the employer at thesame rates, including benefits and peri-odic increases, as similarly situatedemployees or trainees and in accord-ance with applicable law, but in noevent less than the higher of the Fed-eral minimum wage or applicable Stateor local minimum wage law.

(d) Wages paid to participants in OJTwill be considered to be earned incomefor purposes of any provision.

(e) If a participant in OJT becomesineligible for AFDC pursuant to therules applicable to earned income at§ 233.20, or pursuant to the 100-hour ruleat § 233.100 in the case of a principalearner in an unemployed parent case,she shall remain a JOBS participantfor the duration of the OJT and shallbe eligible for supportive servicesunder part 255 available to other JOBSparticipants similarly situated.

(f) If the individual would have beeneligible for transitional child care pur-suant to part 256 at the time the ineli-gibility for AFDC occurred, she shallbe eligible for transitional child careafter the OJT ends for the number ofmonths that remain in the 12-monthperiod following the month in whichshe became ineligible for AFDC afterOJT ended. As an alternative, theState IV–A agency may treat all childcare provided after an individual in anOJT job loses eligibility for AFDC astransitional child care if the individualmeets the requirements at part 256.

(g) The State IV–A agency must de-velop qualitative measures for makinggood or satisfactory progress, pursuantto § 250.1, in order for OJT to qualify asa component activity under JOBS.

§ 250.62 Work supplementation pro-gram.

(a) A State IV–A agency may operatea work supplementation program as acomponent of its JOBS program. Underthe work supplementation program, aState IV–A agency may use AFDCfunds to develop and subsidize jobs forAFDC recipients as an alternative toaid.

(b) A ‘‘supplemented job’’ is a jobprovided under this section to an eligi-ble individual by the State or localagency administering the State IV–Aplan or by any other employer forwhich all or part of the wages are paidby such State or local IV–A agency.

(1) The State IV–A agency may usewhatever means it determines appro-priate to provide or to subsidize jobsfor participants.

(2) The State IV–A agency may pro-vide or subsidize any type of job. Itmay determine the length of time theposition is to be provided or subsidized,the amount of wages to be paid to therecipient, the amount of subsidy to beprovided by the State or local IV–Aagency, and the conditions of partici-pation, except that no participant maybe assigned to fill any established, un-filled position vacancy in accordancewith section 484 of the Act.

(c)(1) An eligible individual is an in-dividual who is in a category which theState IV–A agency determines shouldbe eligible to participate in the worksupplementation program, and who

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would, at the time of placement in thesupplemented job, be eligible for AFDCif the State IV–A agency did not havea work supplementation program in ef-fect. For the purpose of this section,time of placement is defined as thedate on which the State IV–A agencyand the employer reach agreement onthe terms of the placement and thespecific individual to be placed.

(2) The State may establish a worksupplementation program as either amandatory or voluntary program.

(d) A State or local IV–A agency ad-ministering the State plan is not re-quired to provide employee status toany eligible individual to whom it pro-vides a job position or with respect towhom it subsidizes all or part of thewages paid to such individual by an-other entity under this program, nor isit required to provide that eligible in-dividuals filling job positions providedby other entities under such programbe provided employee status by suchentity during the first 13 weeks inwhich they fill such position.

(e) Participants in supplemented jobswill be paid wages which shall be con-sidered to be earned income for pur-poses of any provision of law.

(f) The State IV–A agency may electto calculate the amount of an eligibleindividual’s residual (direct AFDC)grant, if any, at the time of placementin the supplemented job and base theamount of the residual grant (theAFDC grant minus earnings and othercountable income) for the duration ofthe individual’s participation in thesupplemented job (in whole or part) onthat calculation. Such a policy isknown as ‘‘freezing the grant.’’ If theindividual becomes otherwise ineligiblefor AFDC benefits, the State IV–Aagency may allow the individual tocontinue in the supplemented job anddivert the AFDC grant to the wagepool, but the State IV–A agency shallnot pay a residual grant to the individ-ual.

(g) At State option, individuals whohold supplemented jobs may be exemptfrom the retrospective budgeting re-quirements at part 233 and monthly re-porting, and the amount of the aidwhich is payable to the family of anysuch individual for any month, orwhich would be so payable but for the

individual’s participation in a supple-mented job, shall be determined on thebasis of the income and other relevantcircumstances in that month.

(h) If an individual in a supplementedjob would have been eligible for transi-tional child care pursuant to part 256at the time the ineligibility for AFDCoccurred, she shall be eligible for tran-sitional child care after her supple-mented job ends for the number ofmonths that remain in the 12-monthperiod following the month in whichshe became ineligible. In the alter-native, the State IV–A agency maytreat all child care provided after anindividual in a supplemented job loseseligibility for AFDC as transitionalchild care if the individual meets therequirements at part 256.

(i) A State IV–A agency may adjustthe standard of need under the StateIV–A plan as the State determines tobe necessary and appropriate to carryout a work supplementation program.Such changes in the need standard maybe made notwithstanding § 233.20.

(1) The standard of need in effect inthose subdivisions of the State inwhich such program is in operationmay be different from the need stand-ard in effect in subdivisions in whichsuch program is not available.

(2) The standard of need for cat-egories of recipients of aid may varyamong such categories as the State IV–A agency determines to be appropriateon the basis of ability to participate inthe work supplementation program.

(3) A State IV–A agency may makefurther adjustments in the amount ofaid paid under the title IV–A plan todifferent categories of recipients inorder to offset increases in benefitsfrom other government-provided,needs-related programs as the StateIV–A agency deems necessary and ap-propriate to further the purpose of thework supplementation program.

(j) A State IV–A agency may reduceor eliminate the amount of earned in-come to be disregarded from participa-tion in a supplemented job.

(k) Notwithstanding the time limita-tions on the $30 and one-third and the$30 disregard in § 233.20(a)(11), a StateIV–A agency may allow a participantemployed in a supplemented job to re-ceive the $30 and one-third or the $30

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disregards for one or more of the firstnine months of such employment.

(l) Payments by the State IV–A agen-cy to individuals or to entities provid-ing jobs for recipients under the worksupplementation program shall be ex-penditures incurred by the State IV–Aagency for AFDC and shall not exceedthe amount that would otherwise bepayable under the title IV–A plan if thefamily of each individual employed inthe program had received the maxi-mum amount of aid payable to such afamily with no income for a period ofeither 9 months or the length of the in-dividual’s employment in the program,whichever is less. (This amount is de-termined without regard to any adjust-ments made under paragraphs (i), (j),and (k), and for each month of partici-pation, may be based upon the maxi-mum amount that would otherwisehave been payable for a month at thetime of placement in the program).

(m) A State IV–A agency may deter-mine the amounts to be reserved andused for providing and subsidizing jobsunder this section by using a samplingmethodology. The State IV–A agencymust describe its sampling methodol-ogy in its JOBS plan.

§ 250.63 Community work experienceprogram.

(a) A State IV–A agency may operatea community work experience program(CWEP) as a component of its JOBSprogram. The purpose of CWEP is toimprove the employability of individ-uals not otherwise able to obtain em-ployment by providing work experienceand training to assist them to movepromptly into regular public or privateemployment.

(b) The State IV–A agency shall pro-vide coordination among a communitywork experience program, any programof job search, and the other employ-ment-related activities under the JOBSprogram to insure that job placementwill have priority over participation inCWEP, and that individuals eligible toparticipate in more than one programunder JOBS are not denied AFDC onthe grounds of failure to participate inone such program if they are activelyand satisfactorily participating in an-other. The State IV–A agency may pro-vide that part-time participation in

more than one such program may berequired where appropriate.

(c) Community work experience pro-grams shall be limited to projectswhich serve a useful public purpose infields such as health, social service, en-vironmental protection, education,urban and rural development and rede-velopment, welfare, recreation, publicfacilities, public safety, and day care.

(d)(1) The maximum number of hoursthat an individual may be required towork or undergo training (or both) inCWEP is the number of hours whichwould result from dividing the family’smonthly grant amount by the greaterof the Federal or the applicable Stateminimum wage.

(2) The portion of a recipient’s aid forwhich the State is reimbursed by achild support collection (except for the$50 pass-through) shall be excluded indetermining the maximum number ofhours that she is required to work.

(e) Nothing contained in this sectionshall be construed as authorizing thepayment of AFDC as compensation forwork performed, nor shall a participantbe entitled to a salary or to any workor training expense provided under anyother provision of law by reason of herparticipation in a CWEP program.

(f) To the extent possible, a State IV–A agency shall take into account theprior training, experience and skills ofa recipient in making appropriate workassignments.

(1) After each six months of an indi-vidual’s participation in a communitywork experience program and at theconclusion of each assignment undersuch a program the State IV–A agencymust provide a reassessment and revi-sion, as appropriate, of the individual’semployability plan.

(2) After an individual has been as-signed to a position for a total of ninemonths, such individual may not be re-quired to continue in that assignmentunless the maximum number of hoursof participation is no greater than thefamily’s grant divided by the highestof:

(i) The Federal minimum wage; or(ii) The applicable State minimum

wage; or

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(iii) The rate of pay for individualsemployed in the same or similar occu-pations by the same employer at thesame site.

The portion of a recipient’s aid forwhich the State is reimbursed by achild support collection (not includingthe $50 pass-through) shall continue tobe excluded in determining the numberof hours that such individual may berequired to work.

(g) Participants in CWEP may per-form work in the public interest (whichotherwise meets the requirements ofthis section) for a Federal office oragency with its consent, and, notwith-standing 31 U.S.C. 1342, or any otherprovision of law, such agency may ac-cept such services, but such partici-pants shall not be considered to be Fed-eral employees for any purpose.

(h) Nothing in this section or in anyState plan approved under § 250.20 shallbe construed to prevent a State IV–Aagency from operating (on such termsand conditions and in such cases as theState IV–A agency may find to be nec-essary or appropriate) a communitywork experience program.

(i) CWEP participants must not fillestablished, unfilled position vacanciesin accordance with section 484 of theAct.

(j) FFP is not available for:(1) Capital expenditures, depreciation

or use allowances in connection with aCWEP;

(2) The cost of making or acquiringmaterials or equipment in connectionwith participation in a project; or

(3) The cost of supervision of partici-pants.

(k) The State IV–A agency may offerany other work experience programwhich is described in the JOBS planand approved by the Secretary.

(1) The program narrative for such aprogram should include a description ofthe potential sponsors, the type of ac-tivities, the hours or length of partici-pation required, target group(s), andhow the program is different fromCWEP.

(2) The limitations on FFP for CWEPin paragraph (j) apply to all State workexperience programs.

(3) Any other work experience pro-gram must meet the general programstandards at section 484 of the Act.

Subpart H—Funding§ 250.70 JOBS allocation entitlement.

(a) Federal matching for JOBS pro-gram expenditures is limited to a na-tional total equal to the amounts es-tablished for each fiscal year in section403(k)(3) of the Act.

(b) A State IV–A agency with an ap-proved JOBS plan shall be entitled topayments from this annual limit. Themaximum annual payment for a Statewill be the sum of two amounts:

(1) An amount equal to the State’sWIN or WIN Demonstration allotmentfor fiscal year 1987; and

(2) An amount allocated from the bal-ance of the annual national limitationon the basis of each State’s relative av-erage monthly number of adult recipi-ents as defined at § 250.1.

(c) In accordance with § 92.23, JOBSfunds allocated to a State IV–A agencyfor a given Federal fiscal year are foruse during that fiscal year and must beobligated by the State no later thanthe end of the fiscal year. Carry for-ward of an unobligated balance of Fed-eral funds to a succeeding Federal fis-cal year is not permitted. An unobli-gated Federal fund balance at the closeof a Federal fiscal year will be returnedto the Federal government through theissuance of a negative grant award bythe Department following receipt ofthe final quarterly expenditure reportfor the fiscal year.

(d) A State must liquidate all obliga-tions incurred under the title IV–Fgrant awards not later than one yearafter the end of the fiscal year forwhich the funds were awarded and obli-gated. The Federal share of unliqui-dated obligations will be returned tothe Federal government.

§ 250.71 Allotment of JOBS limit of en-titlement.

(a) For a State IV–A agency that im-plements JOBS in a quarter of a fiscalyear prior to October 1, 1990, theState’s allotment from its JOBS limitof entitlement for that period will beproportional to the number of suchquarters that JOBS is operational inthat State in that fiscal year.

(b) An Indian Tribe or Alaska Nativeorganization which receives the Sec-retary’s approval to conduct a JOBS

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program shall receive a direct paymentfor operation of its JOBS program,without the requirement for a non-Fed-eral share, pursuant to § 250.93.

(1) The amount of any such directpayment will be deducted from theamount of the State’s allotment, andwill be proportional to the Tribe’s ororganization’s proportion of the State’sadult AFDC recipient population, as es-tablished pursuant to § 250.93.

(2) The remaining allocation to aState IV–A agency shall be subject tothe regulations governing FFP at§ 250.73.

(c) The following rules apply to Puer-to Rico, Guam, the Virgin Islands andAmerican Samoa which are subject tothe provisions of section 1108 of theAct:

(1) The limitations on payments con-tained in section 1108 do not apply to aState’s annual limit of entitlement forthe JOBS program as described in§ 250.70(b).

(2) The availability of FFP for childcare under part 255 and the related ap-propriate FFP rates are described at§ 255.4(b)(2) and § 255.4(g).

(3) The availability of FFP for transi-tional child care under part 256 and therelated appropriate FFP rates are de-scribed at § 256.4(b).

§ 250.72 Maintenance of effort.(a) Federal JOBS funds shall not be

used to supplant non-Federal funds forservices and activities that promotethe purposes of the JOBS program.

(b) States must spend no less thanthe total of State and local expendi-tures incurred in fiscal year 1986 fortraining, employment and educationprograms which had a defined purposeof preventing welfare dependency orpotential welfare dependency. This re-quirement includes State and localfunds expended for title IV–A and titleIV–C work programs, including expend-itures on those programs which wereunmatched, and other State and localfunds expended for this purpose, withor without benefit of Federal matchingfunds. This requirement also applies toexpenditures for supportive services,including child care, expended for thispurpose. In determining that State andlocal fiscal year expenditures are noless than fiscal year 1986 expenditures,

States may use total aggregate expend-itures.

(c) State IV–A agency contracts andarrangements may be made for servicesonly to the extent that they are nototherwise available on a non-reimburs-able basis. ‘‘Not otherwise available’’here means that if the services areavailable to AFDC applicants and re-cipients by a provider, the providermust maintain that level of service be-fore the State IV–A agency may con-tract for additional services of thesame sort from that provider.

(d) Any State IV–A agency arrange-ment or contract must contain a cer-tification from the provider that theservices being contracted for are nototherwise available from that provideron a non-reimbursable basis. Servicesprovided on a ‘‘non-reimbursable basis’’are those services that a State makesavailable to most eligible residents orto the low income population, includ-ing AFDC applicants and recipients.

(e) A State IV–A agency directly pro-viding JOBS component services mustcertify in the State JOBS plan thatsuch services are not otherwise avail-able on a non-reimbursable basis.

§ 250.73 Matching rates.(a) From a State IV–A agency’s total

annual limit of entitlement, FFP isavailable at a rate of 90 percent for ex-penditures up to an amount equal tothe State’s WIN or WIN Demonstrationallotment for fiscal year 1987. TheState’s match for this amount may bein cash or in kind fairly evaluated.

(b)(1) FFP will be available for thebalance of a State IV–A agency’s limitof entitlement as follows:

(i) At the higher of the State’s Medic-aid matching rate or 60 percent for:personnel costs (salaries and benefits)for full-time staff working full-time inany capacity in the JOBS program; andall direct costs associated with provid-ing JOBS program services to individ-uals, including assessment, develop-ment of the employability plan, casemanagement, and JOBS component ac-tivities.

(ii) At 50 percent for: indirect person-nel costs which are excluded fromJOBS matching at the FMAP rate (or60%); non-personal services costs asso-ciated with these indirect personnel

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costs, including space, travel, utilities,equipment, and supplies; the costs ofsuch items as JOBS program planning,monitoring, letting contracts, systems,title IV–F fair hearing activities, andother indirect costs of providing JOBSservices and activities; and for trans-portation, work-related expenses, andwork-related supportive services asprovided under the requirements ofpart 255.

(2) A State’s match for theseamounts must be in cash, not in kind.

(c) The costs of services and activi-ties purchased under contract by theState or local IV–A agency must besegregated according to the require-ments of the FMAP rate with a floor of60 percent and the requirements for 50percent matching.

(d) A State’s share of JOBS expendi-tures may include public and privatefunds.

(1) Public funds may be considered asthe State’s share in claiming FFPwhen the funds are:

(i) Appropriated directly to the Stateor local agency, or transferred from an-other public agency (including Indiantribes) to the State or local agency andunder its administrative control;

(ii) Not used to match other Federalfunds; and

(iii) Not Federal funds, or are Federalfunds authorized by Federal law to beused to match other Federal funds.

(2) Funds donated from privatesources may be considered as theState’s share in claiming FFP whenthe funds are:

(i) Transferred to the State or localagency and under its administrativecontrol;

(ii) Donated without any restrictionwhich would require their use for as-sisting a particular individual or atparticular facilities or institutions;

(iii) Do not revert to the donor’s fa-cility or use.

(e) If included in a State’s JOBS andSupportive Services plans, FFP isavailable for JOBS activities and serv-ices provided for certain periods to anindividual who has been a JOBS partic-ipant but who loses eligibility forAFDC. These activities and periods are:

(1) Case management activities andsupportive services for up to 90 days

from the date the individual loses eligi-bility for AFDC; and

(2) JOBS component activities for theduration of the activity if funds for theactivity are obligated or expended be-fore the individual loses eligibility forAFDC.

§ 250.74 Reduced matching rate.(a)(1) FFP for a State IV–A agency

shall be 50 percent (rather than therates described in § 250.73) in any fiscalyear in which that State spends lessthan 55 percent of the State’s JOBS ex-penditures on applicants and recipientswho are members of the State’s targetpopulations as defined in § 250.1.

(2) If any State IV–A agency dem-onstrates to the satisfaction of theSecretary that the characteristics ofthe caseload in that State make it in-feasible to meet the requirements ofparagraph (a)(1), and that the State istargeting an approved set of long-termor potential long-term recipients, thematch rate in § 250.73 shall be applied.

(3) A State IV–A agency need not re-quire or allow participation of an indi-vidual in the program if, as a result ofsuch participation, the amount payableto the State for quarters in a fiscalyear with respect to the program wouldbe reduced pursuant to paragraph(a)(1).

(b)(1) FFP for a State IV–A agencyshall be 50 percent (rather than therates described in § 250.73) in any fiscalyear for the State’s JOBS expendituresif the State’s participation rate (deter-mined under paragraph (b)(2)) for thepreceding fiscal year does not equal orexceed:

(i) 7 percent if the preceding fiscalyear is 1990;

(ii) 7 percent if such year is 1991, how-ever, no reduction in FFP shall bemade in 1991 for any failure to meet theparticipation rate specified in (b)(1)(i);

(iii) 11 percent if such year is 1992;(iv) 11 percent if such year is 1993;(v) 15 percent if such year is 1994; and(vi) 20 percent if such year is 1995.(2) The State IV–A agency’s partici-

pation rate for a fiscal year shall bethe average of its participation ratesfor computation periods in such fiscalyear. The computation periods shall be:

(i) The fiscal year, in the case of fis-cal year 1990;

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(ii) The first six months, and the sev-enth through twelfth months, in thecase of fiscal year 1991;

(iii) The first three months, thefourth through sixth months, the sev-enth through ninth months, and thetenth through twelfth months, in thecase of fiscal years 1992 and 1993; and

(iv) Each month, in the case of fiscalyears 1994 and 1995.

(3) The State IV–A agency’s partici-pation rate for a computation periodshall be the number, expressed as a per-centage, equal to:

(i) The average monthly number ofindividuals required or allowed by theState to participate in the program,who have participated (as defined in§ 250.78) in such program in months inthe computation period, plus the num-ber of individuals required or allowedby the State to participate in such pro-gram, who have so participated in thatmonth in such period for which thenumber of such participants is thegreatest; divided by

(ii) Twice the average monthly num-ber of individuals required to partici-pate in such period (other than individ-uals described in paragraphs (b)(9)(i)and (b)(9)(iv) of § 250.30 with respect towhom the State IV–A agency has exer-cised its option to require their partici-pation and individuals sanctionedunder § 250.34).

(4) In determining the averagemonthly number of individuals re-quired to participate as provided inparagraph (b)(3)(ii), the following indi-viduals shall be excluded:

(i) Those who are determined exemptin accordance with exemption criterionin § 250.30(b);

(ii) Those who on a case-by-case basishave been determined to have goodcause for not participating;

(iii) Those who reside in an area ofthe State in which the JOBS programis not operated; and

(iv) Those who have been sanctioned.(5) If the Secretary determines that

the State IV–A agency has failed toachieve the participation rate for anyfiscal year, if the Secretary may waive,in whole or in part, the reduction inthe payment rate otherwise requiredby paragraph (b)(1) if he finds that:

(i) The State is in conformity withsection 402(a)(19) and part F of the Act;

(ii) The State has made a good faitheffort to achieve the applicable partici-pation rate for such fiscal year; and

(iii) The State has submitted a pro-posal which is likely to achieve the ap-plicable participation rate for the cur-rent fiscal year and the subsequent fis-cal years (if any) specified therein.

(c)(1) FFP for a State IV–A agencyshall be 50 percent beginning in fiscalyear 1995 for the State’s JOBS expendi-tures (rather than the rates describedin § 250.73) if the percentage of UP casesmeeting the participation require-ments in § 250.33, for the preceding fis-cal year does not equal or exceed:

(i) 40 percent in the case of the aver-age of each month in fiscal year 1994;

(ii) 50 percent in the case of the aver-age of each month in fiscal year 1995;

(iii) 60 percent in the case of the av-erage of each month in fiscal year 1996;and

(iv) 75 percent in the case of the aver-age of each month in each of the fiscalyears 1997 and 1998.

(2) The percentage of participants forany month in a fiscal year for this pur-pose shall equal the average of:

(i) The number of individuals de-scribed in § 250.33 who have met the re-quirement therein; divided by

(ii) The total number of principalearners (but excluding those in fami-lies who have been recipients of aid for2 months or less if, during the periodthat the family received aid, at leastone parent engaged in intensive jobsearch as defined in § 250.1).

(3) If the Secretary determines thatthe State IV–A agency has failed toachieve the participation rate for anyfiscal year specified above, the Sec-retary may waive, in whole or in part,the reduction in the payment rate oth-erwise required by paragraph (c)(1) ifhe finds that:

(i) The State is in conformity withsection 402(a)(19) and part F of the Act;

(ii) The State has made a good faitheffort to achieve the applicable partici-pation rate and has been unable to doso because of economic conditions inthe State, including significant num-bers of recipients living in remote loca-tions or isolated rural areas where theavailability of work sites is severely

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limited, or because of rapid and sub-stantial increases in the caseload thatcannot reasonably be planned for; and

(iii) The State has submitted a pro-posal which is likely to achieve the ap-plicable participation rate for the cur-rent fiscal year and the subsequent fis-cal years (if any) specified therein.

§ 250.75 Activities excluded from FFP.(a) The costs of education or training

activities (such as tuition, books, fees,room and board) that the State IV–Aagency determines may constitute par-ticipation under the provisions of§ 250.48(a) shall not constitute federallyreimbursable expenses for purposes ofthe JOBS program.

(b) No funds shall be used for con-struction.

(c) No funds shall be used to assist,promote, or deter union organizing.

§ 250.76 Financial reports, records,statements and audits.

(a) The following Departmental regu-lations are applicable to the JOBS pro-gram: Part 92, ‘‘Uniform administra-tive requirements for grants and coop-erative agreements to State and localgovernments;’’ Part 16, ‘‘Procedures ofthe Departmental Appeals Board;’’Part 30, ‘‘Claims collection;’’ Part 75,‘‘Informal grant appeals procedures;’’Part 95, ‘‘General administration-grantprograms;’’ and Part 201, ‘‘Grants toStates for public assistance programs.’’

(b) Financial reporting of JOBS pro-gram expenditures are generally sub-ject to the requirements of the existingregulations at § 201.5 and § 92.41, as ap-propriate.

(c) Financial records and accountsshall be made available for audit pur-poses to the Secretary or any author-ized representative.

(d) JOBS program funds and activi-ties shall be audited in conformitywith the requirements of §§ 92.26 and74.62(a).

(e) FFP improperly claimed underthe JOBS program is subject to dis-allowance. If a State IV–A agency dis-agrees with a decision to disallow FFP,it can appeal within 30 days of the dateof the disallowance decision. The pro-cedures for appeal of AFDC disallow-ances apply, including review of theDepartmental Appeals Board, in ac-

cordance with part 16 of the Depart-ment’s regulations.

§ 250.77 Costs matchable as AFDC pay-ments.

(a) Costs incurred by the State IV–Aagency for supplemental AFDC pay-ments shall be treated as title IV–Acosts with respect to which sections403(a)(1) or 403(a)(2) of the Act apply,when such payments are made in orderthat a recipient’s family shall not ex-perience a net loss of cash income fromthe recipient having been required bythe State to accept a job.

(b) Payments to employers underwork supplementation as described at§ 250.62(l) shall be expenditures incurredby the State IV–A agency for AFDC.

(c) States may claim as AFDC admin-istrative expenditures those costs re-lated to JOBS orientation, determina-tion of mandatory status, and referralto the JOBS program when such activi-ties are conducted by a title IV–A eligi-bility or income maintenance worker.When these same activities are con-ducted by JOBS staff, these costs mustbe claimed under title IV–F.

§ 250.78 Definition of participation forenhanced FFP.

(a) For the purpose of determining aState’s participation rate under§ 250.74(b), the average monthly numberof individuals who have participatedwill be the largest number of appli-cants and recipients whose combinedand averaged weekly hours of partici-pation in the activities specified inparagraph (b)(1) equals or exceeds 20hours per week.

(b) For the purpose of paragraph (a),(1) Activities include:(i) Assessment and employability

plan development, but only for onemonth for each such individual foreach period on AFDC;

(ii) Any component specified in theState JOBS plan, with the exception ofjob development and job placement;

(iii) Any approved self-initiated edu-cation or training pursuant to§ 250.48(a);

(iv) Job entry, in the following man-ner. For the month in which the jobentry occurs, an individual will be con-sidered to be participating for the num-ber of hours of work. Hours of work

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will then be included with hours ofcomponent activity in the month ofthe job entry in determining the aver-age weekly activity level for the indi-vidual. Hours of work in the followingmonth will be counted, provided the in-dividual retains employment through-out the month. However, job entrieswill only be considered for:

(A) Individuals who were participat-ing in a JOBS component or activityduring the month of the job entry, orthe preceding calendar month, or;

(B) Individuals who received job de-velopment and placement services dur-ing the month of job entry, or the pre-ceding calendar month.

(2) The number of hours counted foran individual will not include timespent commuting to or from the as-signment or to or from a child careprovider;

(3) Individuals, other than those inhigh school, will not be considered tobe participating in an educational ac-tivity during the period between schoolyears. An individual enrolled and in at-tendance in high school during the lastsemester of the school year will be con-sidered to be participating at her aver-age weekly attendance level for theprevious school year during the periodbetween school years if she is expectedto return to high school for the nextschool year. Individuals in all edu-cational activities will be considered tobe participating for the assigned hoursduring shorter, scheduled schoolbreaks;

(4) An individual will be consideredto have satisfactorily participated ifshe attended an activity for at least 75percent of the monthly hours sched-uled. All hours of scheduled activitywill be counted if the individual hassatisfactorily participated. Neitherhours of scheduled activity nor hoursof participation will be counted if anindividual has not satisfactorily par-ticipated.

Subpart I—Uniform DataCollection Requirements

§ 250.80 Uniform data collection re-quirements.

(a) A State IV–A agency must pro-vide to the Department a sample ofmonthly unaggregated case record data

containing such data and identifiers asare specified in § 250.82, and such addi-tional data as the Secretary may fromtime to time specify in an ActionTransmittal or in reporting instruc-tions.

(1) The sample must be provided informats specified by the Department.Data must be submitted electronicallyon an on-going basis by means of disk,tape or electronic connection, with allcases submitted no later than 45 daysafter the end of the month in which thesample is drawn.

(2) Each record of the sample mustcontain an identifier that is not theSocial Security number, and that pro-tects the privacy of the individual pur-suant to the requirements of § 205.50.

(3) The sample must be large enoughto provide a precision of plus or minustwo percentage points for an 0.2 at-tribute (p=20% or 0.2) at a 95 percentconfidence level. Submission of 100 per-cent of unaggregated JOBS caserecords is also acceptable.

(4) The sample shall be drawn fromthe population of individuals scheduledto participate in a component, activelyengaged in assessment or employ-ability planning in the month, or whohad a job entry in the sample month orthe month previous to the samplemonth.

(5) For each record in the sample, theState must verify that the individualsatisfactorily participated in the sam-ple month, as defined in § 250.78, exceptthat for individuals who entered em-ployment, the State must verify onlythat the individual was employed atthe end of the sample month.

(b) For the purpose of determiningparticipation rates, a State IV–A agen-cy must report, for each month, on aquarterly basis, the aggregate numberof individuals required to participateas specified in § 250.74(b)(3)(ii).

(c)(1) For the purpose of calculatingwhether a State spent 55 percent of itstitle IV–F funds on target groups pur-suant to § 250.74(a), and determiningthe amounts spent per family by com-ponent and activity, each year a StateIV–A agency may, instead of a cost-tracking system that identifies allfunds spent on each individual, developand submit to the Secretary a table of

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the previous Federal fiscal year’s aver-age total JOBS cost per participant permonth of participation.

(2) The average total cost data in thetable must separately state:

(i) For pre-component activity: as-sessment and related testing, employ-ability development planning, and as-sociated administrative and case man-agement costs;

(ii) For each component: componentcosts, and associated administrativeand case management costs;

(d) A State IV–A agency must submitany other information that the Sec-retary determines necessary.

(e) Until October 1, 1991, or untilsample based reporting is imple-mented, whichever is later, the Statemust submit such interim aggregatehardcopy reports as are required by theSecretary.

§ 250.81 State data systems options.(a) A State IV–A agency may inte-

grate its JOBs Automated System(JAS) with an existing or planned titleIV–A system. A State IV–A agency mayalso use a stand-alone system. Eitheroption must be a client-based informa-tion system capable of:

(1) Producing at a minimum all dataelements required in § 250.82; and

(2) Accepting referrals and exchang-ing data electronically with the titleIV–A automated system and, the titleIV–D automated system unless this ex-change is otherwise met through theinterface with the IV–A system.

(b)(1) Title IV–A funding is availablefor planning, design, development andimplementation of the JOBS interfacebetween title IV–A and title IV–F re-quirements. The interface of an auto-mated JOBS program with the title IV–A system, for verification of eligibilityand reconciliation of data, includesplanning, design, development and im-plementation of title IV–A systems to:

(i) Manage information on eligibilityfactors and target group membership;

(ii) Effect notifications and referralsincluding non-cooperation;

(iii) Check records of applicants andrecipients on a periodic basis withother agencies to verify continued eli-gibility; and

(iv) Notify appropriate officials whena recipient ceases to be eligible.

(2) If the JAS interfaces with an ex-isting or planned FAMIS-type systemand all FAMIS requirements are met,title IV–A FFP at 90 percent is avail-able. Otherwise interface expendituresare matched at 50 percent under titleIV–A.

(c) JOBS funding is available at a 50percent administrative rate for the ac-quisition and development of the re-mainder of the JAS, subject to the re-quirements of § 205.35 through § 205.38.This excludes the JOBS interface withthe title IV–A system, but includes allother input, maintenance and report-ing of those data elements required in§ 250.82 that cannot be obtained fromthe title IV–A system through theJOBS interface. A cost allocation planmust be approved to share the costamong all Federal and State programsbenefiting from the State’s JAS.

(d) Administrative funding under ei-ther title IV–A or title IV–F for sys-tems design, development, and imple-mentation must comply with the re-quirements of § 95.601, et seq.

[54 FR 42245, Oct. 13, 1989, as amended at 57FR 47002, Oct. 14, 1992]

§ 250.82 Required case record data.(a) The State IV–A agency must

maintain an individual case record foreach JOBS participant.

(1) For the purposes of this section, aJOBS participant is an individual whois:

(i) Actively engaged in assessment oremployability planning during themonth; or

(ii) Assigned to a component, includ-ing self-initiated education or trainingpursuant to § 250.48(a).

(2) To the extent the State IV–Aagency’s JAS can access the requireddata in the required form from othersystems, duplicate entry is to be avoid-ed.

(b) The minimum data required are:(1) Case identifier other than Social

Security Number, but the State mustmaintain in its files a link between theidentifier and the SSN;

(2) Date of birth;(3) Program status and exemption

code;(4) Youngest child’s date of birth;(5) Date of most recent AFDC open-

ing;

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(6) Number of months within themost recent 60 months of receipt ofAFDC;

(7) Education level (highest gradecompleted) and date completed;

(8) Literacy level, but only when theState elects to determine a literacylevel;

(9) Target group codes to identifywhich of the target groups specified in§ 250.1 an individual was a member of, ifany, at the time of entry into JOBS,and the date of entry;

(10) Identifier for a person not ex-empt, because the State elected to re-duce the age of youngest child exemp-tion to less than age three, or becausethe State elected to require participa-tion of the second parent in a UP casewhere the second parent would other-wise be exempt for meeting the re-quirements of § 250.30(b)(9);

(11) Assignment status: scheduledhours, and beginning and ending dates,for each of the following that apply:

(i) Assessment and employability de-velopment planning;

(ii) Each JOBS component, includingseparate identification for self-initi-ated education or training, pursuant to§ 250.48(a);

(iii) Job status, including date of jobentry;

(12) Identifier indicating that the in-dividual satisfactorily participated inthe JOBS program, as defined at§ 250.78, during the month, but only forsampled cases described in § 250.80;

(13) Amount of supportive services,other than child care, paid during themonth;

(14) Amount of child care paymentfor the month;

(15) Type of child care;(16) Such additional data as the Sec-

retary may from time to time specifyin an Action Transmittal or in report-ing instructions.

Subpart J—Operation of JOBS Pro-grams by Indian Tribes andAlaska Native Organizations

§ 250.90 Scope and purpose.The purpose of an Indian Tribe or

Alaska Native organization JOBS pro-gram is to assure that Tribal (refers toboth an Indian Tribe and Alaska Na-tive organization) members receiving

AFDC obtain the education, trainingand employment services they need toavoid long-term dependency. Tribalgrantees are subject to all the regula-tions under part 250, unless otherwiseindicated in this subpart, and regula-tions under parts 255, 74, and 92, whichinclude general funding and disallow-ance and termination provisions forFederal programs.

§ 250.91 Eligible Indian Tribe and Alas-ka Native organization grantees.

Funds shall be allotted to operate aJOBS program pursuant to § 250.71 togroups meeting the following eligi-bility standards:

(a) An Indian Tribe, defined as anyTribe, band, nation, or other organizedgroup or community of Indians which:

(1) Is federally recognized as eligiblefor the special programs and servicesprovided by the United States Govern-ment to Indians because of their statusas Indians; and

(2) Has a reservation, which meansIndian reservation, public domain In-dian allotment, or former Indian res-ervation in Oklahoma.

(b) A consortium or Tribal organiza-tion representing more than one Tribeif each participating member Tribemeets the eligibility requirements forJOBS as defined in paragraph (a) ofthis section and if such consortium ororganization meets the following cri-teria:

(1) All the participating membersmust be in geographic proximity to oneanother. However, a consortium mayoperate in more than one State;

(2) The consortium must demonstratethat it has the managerial, technicalor administrative staff with the abilityto properly administer governmentfunds, manage a JOBS program, andcomply with the provisions of the Stat-ute and of the regulations;

(3) The consortium must submit withits JOBS application a resolution fromeach participating Tribe authorizingthe consortium to receive JOBS fundson behalf of each Tribe in its JOBS pro-gram.

(c) An Alaska Native organization in-cluding any Alaska Native village, orregional or village corporation eligibleto operate a Federal program under

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Public Law 93–638 (Indian Self-Deter-mination and Education AssistanceAct, 25 U.S.C. 450) or such group’s des-ignee. The boundaries of an Alaska Na-tive organization are those of the geo-graphical region, established pursuantto section 7(a) of the Alaska NativeClaims Settlement Act, (85 Stat. 688)within which the Alaska Native organi-zation is located.

§ 250.92 Selection criteria for eligibleAlaska Native organizations.

(a) The Secretary may approve onlyone application from an Alaska Nativeorganization for each of the 12 geo-graphical regions established pursuantto section 7(a) of the Alaska NativeClaims Settlement Act. The Depart-ment shall designate the Alaska Nativegrantee for each geographic regionbased on the following criteria:

(1) Previous experience in operatingan effective employment and trainingprogram serving Indians and NativeAlaskans;

(2) The number and kinds of activi-ties of similar magnitude and complex-ity that the applicant has successfullycompleted; and

(3) The ability to provide services ef-fectively to all eligible Native Alas-kans residing in the region.

(b) In order to be approved an AlaskaNative application must promote theefficient and nonduplicative adminis-tration of the JOBS program in theState of Alaska.

§ 250.93 Funding formula.(a) A Tribal grantee’s share of pro-

gram funds will be calculated annuallypursuant to § 250.71 and will be based onthe following ratio:

(1) The number of adult members ofthe Indian Tribe receiving AFDC wholive in the designated service area com-pared to the total number of adultAFDC recipients in the State. The des-ignated service area must include thereservation but can not extend to areasor communities which are not des-ignated by the Commissioner of IndianAffairs as ‘‘near reservation’’ as de-fined at 25 CFR 20.1(r). Tribal granteesmay exclude a portion of the reserva-tion which is remote from that part ofthe reservation where JOBS servicesare provided; or

(2) The number of adult Alaska Na-tives receiving AFDC who reside withinthe boundaries of the region which theorganization represents to the totalnumber of adult AFDC recipients inthe State of Alaska.

(3) Tribal member means a personwho is enrolled in, or certified as meet-ing the membership requirements bythe designated official of, that IndianTribe or Alaska Native organization.

(b)(1) The State IV–A agency and theIndian Tribe or Alaska Native organi-zation must exchange available infor-mation on adult Tribal AFDC recipi-ents needed to determine the eligibleTribal population and to define the des-ignated service area, if other than thereservation or trust lands. State andTribal representatives receiving suchAFDC recipient data must followstandards of confidentiality to assurethat recipient and Tribal privacy isprotected pursuant to § 205.50.

(2) If sufficient data on adult AFDCrecipient members of a Tribe or of anAlaska Native organization are notavailable, the State IV–A agency andthe Tribe or organization may enterinto an agreement covering a mutuallyagreed upon estimated figure of the eli-gible Tribal population or covering thedesignated service area.

(3) If the State IV–A agency and theTribe or organization cannot agree onthe number of Tribal adult AFDC re-cipients or designated service area, theSecretary, in consultation with theTribe or organization and State, willmake the final determination of Tribalfunding.

(c) A Tribal grantee is not requiredto match Federal funds.

(d) States with Tribal JOBS pro-grams in operation or a pending appli-cation may require applicants and re-cipients living in the designated serv-ice area to provide Tribal membershipstatus as a condition of eligibility forAFDC under the following conditions:

(1) The information is necessary ei-ther to determine the number of adultmembers of an Indian Tribe or AlaskaNative organization who receive AFDC,or to help determine whether such indi-vidual is to be served by a State orTribal JOBS program;

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(2) Upon requesting informationabout Tribal status, the State must ex-plain the reason for its request for theinformation (e.g., to determine whichJOBS program will serve the individ-ual), and refer the individual to the ap-propriate Tribal JOBS program for fur-ther information;

(3) Such information is only re-quested in those areas in which there isa Tribal JOBS program or an applica-tion pending and where a State JOBSprogram is also in operation; and

(4) Information requested must relateonly to membership in those Tribes orAlaska Native organizations operatingor expected to operate a JOBS programin the area.

§ 250.94 Program administration, im-plementation and operations.

(a) The Tribal grantee must des-ignate a Tribal agency or departmentto administer the Tribal JOBS pro-gram.

(1) The designated agency or depart-ment will be responsible for the admin-istration of the Tribal JOBS programincluding the requirements under402(a)(19) and part F of the Act.

(2) The responsibility for the admin-istration of JOBS, pursuant to para-graph (a)(1) of this section, includesfunctional areas such as exemption andpriority determinations (§ 250.30), ori-entation and referrals (§ 250.40), assess-ment and the development of the em-ployability plan (§ 250.41), JOBS activi-ties (§ 250.44 and § 250.94(e)), dispute res-olution and hearings (§ 250.36). Certainother related functions are retained bythe State IV–A agency. These includethe administration of provisions onchild care (part 255) and transitionalchild care services (part 256).

(3) The designated agency or depart-ment may not delegate or contract outany functions which involve agencydiscretion, except as provided for in§ 250.10 of the regulations.

(b) The Tribe or organization thatsubmitted an application by April 13,1989, may begin operating its JOBSprogram as of the first day of any quar-ter between July 1, 1989 and October 1,1990, independent of the State’s JOBSimplementation date. If the Tribe ororganization elects to begin operating

its program before the State, duringthis interim time period:

(1) The Tribe or organization mustguarantee necessary child care (with-out additional title IV–A funding forchild care pursuant to part 255) if it re-quires an individual to participate inits JOBS program.

(2) If the Tribe or organization can-not guarantee necessary child care asdescribed in paragraph (b)(1), it cannotrequire an individual to participate inits JOBS program but may operate anentirely voluntary program.

(c) The Tribe or organization maynot begin its JOBS program prior toapproval of the Secretary. Final docu-mentation for the application (mean-ing supplemental materials submittedafter the initial April 13, 1989 applica-tion) must be sent to the Departmentat least 45 days prior to implementa-tion of the Tribal program. This willallow sufficient time for the Depart-ment’s review and approval.

(d)(1) Tribes or organizations shallnot be subject to the specific require-ments of § 250.12 of the regulations, butmust coordinate program services withappropriate agencies as follows:

(i) The Tribal application with finaldocumentation must be submitted tothe State IV–A agency for its reviewand comment at least 30 days beforesubmittal to the Secretary. The Tribeor organization shall consider com-ments made by the State IV–A agencyin its application submitted to the Sec-retary.

(ii) The application with final docu-mentation must also be made availableto Tribal members for review and com-ment at least 30 days prior to submit-tal to the Secretary. The Tribe or orga-nization must certify in its applicationthat such public participation hastaken place.

(2) To operate a JOBS program, theTribe or organization must coordinatewith the State IV–A agency to ensurethat interrelated program functionsare effectively performed. These func-tions include State responsibilities—such as providing to the Tribal granteeeligibility notifications and the nec-essary child care funds or services forTribal participation—and Tribal re-sponsibilities—such as notifying the

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State IV–A agency when Tribal mem-bers fail to participate without goodcause.

(3) A Tribe or organization must con-sult and coordinate with other provid-ers including those specified in para-graph (d)(4) of this section, to identifyexisting resources, prevent duplicationof services, and ensure that the maxi-mum level of services is available toenable participants to achieve self-suf-ficiency.

(4) At a minimum, the Tribal granteemust consult and coordinate with:

(i) The Tribal agency responsible forJTPA, if applicable;

(ii) The Tribal agency responsible forother employment and training serv-ices, including those offered under theBureau of Indian Affairs;

(iii) The Tribal agency responsiblefor education, including any programsunder the Bureau of Indian Affairs, theDepartment of Interior, or under theOffice of Indian Education of the De-partment of Education.

(5) The Tribal grantee must consultwith existing formal advisory councils,such as private industry councils, onthe development of arrangements andcontracts under JOBS, as described in§ 250.12(d).

(6) The Tribal grantee must consultwith private industry councils andTribal Employment Rights Offices, asappropriate, to identify, and obtain ad-vice on, the types of jobs available orlikely to become available within areasonable commuting distance fromthe Tribe’s designated service area orthe organization’s boundaries. TheTribe or organization must ensure thatJOBS provides training for the types ofjobs which are, or are likely to become,available in or near its designated serv-ice area or organization’s boundariesand that resources are not expended ontraining for jobs that are not likely tobecome available.

(e) Tribal programs are subject to therequirements of § 250.44 but are not sub-ject to the requirements of § 250.45.

(1) A Tribal JOBS program must in-clude all the mandatory components at§ 250.44 unless the Tribe or organizationcan justify that such activities are in-appropriate. A Tribe’s or organization’sapplication must describe the types of

activities and methods of delivery foreach of the mandatory components.

(2) Tribal programs are not subject tothe provisions at § 250.45 but must in-clude at least one of the following com-ponents unless a Tribe or organizationcan justify that such activities are in-appropriate:

(i) Group and individual job search,as described in § 250.60;

(ii) On-the-job training, as describedin § 250.61;

(iii) Community work experience pro-gram, as described in § 250.63, or a workexperience program as approved by theSecretary;

(iv) Work supplementation program,as described in § 250.62;

(v) Alternative education, trainingand employment activities which arenot described in § 250.60, § 250.61, § 250.62or § 250.63, as approved by the Sec-retary.

(A) Innovative approaches with theprivate sector are encouraged if theyare consistent with the purpose ofJOBS to assist AFDC recipients toavoid long-term dependency.

(B) JOBS funds may not be used forpublic service employment or for al-lowances other than for those requiredfor supportive services as described inpart 255.

(3) Because the amount of the IV–Apayment is an integral part of deter-mining participation in worksupplementation and community workexperience programs, a Tribe or organi-zation may operate these programsonly if adequate agreements with theState IV–A agency are implemented.The agreements should cover oper-ational procedures and the exchange ofinformation, including grant levels andchild support calculations for commu-nity work experience participants andearnings for work supplementationparticipants.

§ 250.95 Supportive services.

(a) The Tribal grantee must provide,pay for, or reimburse necessary sup-portive services (other than child care)pursuant to part 255, including trans-portation and other work-related ex-penses, that the Tribe or organizationdetermines are necessary to enable anindividual to participate in JOBS.

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(b) The State IV–A agency is respon-sible for guaranteeing child care forTribal JOBS participants according tothe provisions specified under part 255.

(c) If the Tribe or organization isusing child care funds or services pro-vided by the State pursuant to para-graph (b) of this section, it must en-sure, based on a method which is mutu-ally acceptable to the State IV–A agen-cy and Tribal grantee, that necessarychild care is available when requiringan individual to participate in its pro-gram.

(d) If the Tribe or organization doesnot choose to use State funds or serv-ices for child care, it must provide(without additional title IV–A fundingfor child care) these funds or servicesin order to guarantee necessary childcare when requiring an individual toparticipate.

(e) Once the State has implementedits JOBS program, the Tribe or organi-zation, in order to require an individ-ual to participate, must guarantee nec-essary child care either through theState IV–A agency, pursuant to para-graphs (b) and (c), or directly, pursuantto paragraph (d) of this section; but itmay not operate an entirely voluntaryJOBS program.

§ 250.96 Waiver authority.The Secretary may waive any JOBS

requirements set forth under section402(a)(19) and part F of the Act that hedetermines inappropriate for TribalJOBS programs.

(a) The Secretary has determinedthat certain requirements of the Actare inappropriate for JOBS programsoperated by Indian Tribes or AlaskaNative organizations. They cover thefollowing provisions or sections of theregulations:

(1) Section 250.10 (IV–A agency ad-ministration);

(2) Section 250.11 (Statewide require-ment);

(3) Section 250.12 (Coordination andconsultation);

(4) Section 250.20 (State plan require-ments);

(5) Section 250.21 (State plan con-tent);

(6) Section 250.33 (UP–16 hour rule);(7) Section 250.45 (Optional compo-

nents);

(8) Section 250.70 (a) and (b) (Alloca-tion entitlement);

(9) Section 250.71 (b)(2) and (c) (Allot-ment);

(10) Section 250.72 (Maintenance of ef-fort);

(11) Section 250.73 (Matching rates);(12) Section 250.74 (Reduced matching

rate);(13) Section 250.78 (Definition of Par-

ticipation for Enhanced FFP);(14) Section 250.80 (Uniform Data Col-

lection Requirements);(15) Section 250.81 (State data sys-

tems);(16) Section 250.82 (Required case

record data);(17) Section 255.1 (c) and (h) (Support-

ive Services plan requirements).(b) A Tribe or organization may re-

quest that the Secretary waive anyother requirements of section 402(a)(19)or part F of the Act not listed underparagraph (a) of this section with prop-er justification. The Secretary willconsider the appropriateness of suchwaivers on a case-by-case basis.

§ 250.97 Application requirements anddocumentation.

(a) As a condition of participation inthe JOBS program, the designatedTribal agency or department respon-sible for administering the JOBS pro-gram must:

(1) No later than October 1, 1990, es-tablish and operate a JOBS programunder a JOBS application that hasbeen approved by the Secretary beforeimplementation and meets the require-ments of parts 250 and 255.

(2) Submit final documentation forthe application to the Secretary for re-view and action at least 45 days priorto the anticipated implementationdate. The Tribal grantee may not beginits JOBS program prior to the Sec-retary’s approval pursuant to§ 250.94(c).

(b) The Tribal application must besubmitted to the State IV–A agency forreview and comment at least 30 daysprior to submittal to the Secretary.The application shall be made avail-able to Tribal members for review andcomment at least 30 days prior to sub-mittal to the Secretary. Comments re-ceived shall be resolved by the Tribe ororganization.

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(c)(1) The Tribal grantee must submitan update of its JOBS application tothe Secretary for approval at leastevery two years. The update shall beconsidered a new JOBS application andshall be submitted to the Secretary forapproval at least 90 days prior to thebeginning of the next biennial period.The Tribal grantee must follow thepublic review and comment provisionsin paragraph (b).

(2) The update must consist of:(i) Assurances regarding those parts

of the Tribal JOBS application that re-main unchanged;

(ii) A description of any changes inprogram operations including but notlimited to changes in component ac-tivities; and

(iii) An estimate of the number ofpersons to be served by the programduring the next biennium.

(3)(i) For all Tribal grantees the firstbiennial update must be submitted byJuly 1, 1992, for the period beginningOctober 1, 1992.

(ii) Each approved biennial updateshall remain in force until formal ac-tion is taken (i.e. approval or dis-approval) by the Secretary on the up-date for the following biennial period.

(d) The Tribal grantee shall submitproposed amendments to the approvedapplication as necessary, and theyshall be reviewed according to theprocess described at §§ 201.3(f) and201.3(g).

(e) A Tribe or organization that sub-mits an application, an amendment toan existing application, or a biennialupdate to its application that is not ap-provable will be given the opportunityto make revisions before formal dis-approval; upon formal disapproval, aTribe or organization may request ahearing pursuant to the process setforth in § 201.4 and part 213.

(f) A Tribal applicant must submitdocumentation (which is in addition tothe information requested in the appli-cation) covering the following itemsfor the Secretary’s review before finalapproval of the application can be de-termined:

(1) Assurances that the administeringTribal agency will have in effect aJOBS program which meets the re-quirements of section 402(a)(19) andpart F of the Act, unless waived by the

Secretary, and including cross-ref-erences to all appropriate statutoryand regulatory requirements that theJOBS program will meet;

(2) A description of the administra-tive process and methods of deliveryfor:

(i) Providing program informationunder § 250.40;

(ii) Assessments pursuant to § 250.41;(iii) Agency-participant agreements,

if this option is elected;(iv) Case management system

(§ 250.43), if this option is elected;(3) A description of the mandatory

and elected optional component activi-ties described under § 250.94(e) and themethods of delivery;

(4) A description of the selection andassignment criteria that will be used torefer participants to the various serv-ices and activities provided under theTribal JOBS program;

(5) A description of the coordinationprocesses with other programs, includ-ing any agreements with the State IV–A agency, Tribal JTPA agency, otheremployment and training agencies andeducational agencies, specifying howthese other agencies will track and re-port to the Tribe or organization onsatisfactory participation and use ofJOBS funds;

(6) A description of how the admin-istering Tribal agency will determineeligibility for work-related expensessuch as clothing or transportation andother supportive services; a listing ofthe work-related expenses and the sup-portive services it will provide to itsJOBS participants; the methods of de-livering these supportive services; and

(7) A description of the conciliationand hearings procedures which meetthe due process standards specified inproposed § 250.36, including notificationto the State IV–A agency of formal de-cisions that a non-exempt Tribal mem-ber has failed to participate.

§ 250.98 Maintenance of effort for In-dian Tribes and Alaska Native orga-nizations.

Tribal programs are not subject tothe requirements in § 250.72 but are sub-ject to the following requirements:

(a) JOBS funds shall be used only foreducation, training and employmentactivities that are in addition to those

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which would otherwise be available toTribal AFDC recipients in the absenceof such funds.

(b) A Tribe or organization may con-tract for services only to the extentthat such services are not otherwiseavailable to AFDC Tribal recipients ona non-reimbursable basis.

PART 251—PROGRAM PARTICIPANTEMPLOYMENT PROTECTION

Sec.251.0 Purpose.251.1 Program activity conditions.251.2 Workers’ compensation and tort

claims protections.251.3 Displacement.251.4 Grievances by regular employees.251.5 Complaints with respect to on-the-job

working conditions, workers’ compensa-tion coverage and CWEP wage rates.

AUTHORITY: Sections 484 and 1102 of the So-cial Security Act as amended (42 U.S.C. 684and 1302)

SOURCE: 56 FR 2639, Jan. 23, 1991]

§ 251.0 Purpose.(a) The purpose of this part 251 is to

set forth the conditions generally ap-plicable when assigning participants toprogram activities (i.e., work, edu-cation or training) under the Jobs Op-portunity and Basic Skills Training(JOBS) program. This part containsthe following:

(1) The conditions that the Stateagency shall assure when assigningparticipants to any program activity;

(2) Appropriate workers’ compensa-tion and tort claims protections thatmust be provided to participants;

(3) Provisions to assure that work as-signments shall not result in displace-ments;

(4) A grievance procedure for resolv-ing displacement complaints by regu-lar employees;

(5) A grievance procedure under theState fair hearing process with respectto on-the-job working conditions,workers’ compensation, and wage ratesin the case of individuals participatingin community work experience pro-grams (CWEP); and

(6) Procedures for appealing State de-cisions on displacement complaintsand certain other complaints to theDepartment of Labor.

(b) The provisions of this part applyto any work-related programs and ac-tivities under JOBS and under anyother work-related programs and ac-tivities authorized in connection withthe Aid to Families with DependentChildren (AFDC) program under sec-tion 1115 of the Social Security Act.

§ 251.1 Program activity conditions.

(a) Program activity. The State agencyshall assure that:

(1) The program activity shall be re-lated to the capability of the partici-pant to perform the task on a regularbasis, including physical capacity,skills, experience, family responsibil-ities and place of residence.

(2) The total daily commuting timeto and from home to the program ac-tivity site to which the participant isassigned shall not normally exceed 2hours, not including the transportingof a child to and from child care. If alonger commuting distance and time isgenerally accepted in the community,then the round trip commuting timeshall not exceed the generally acceptedcommunity standards without the par-ticipant’s consent.

(3) No participant shall be required,without his or her consent, to remainaway from his or her home overnight.

(4) The conditions of participationshall be reasonable, taking into ac-count in each case the proficiency ofthe participant and the child care andother supportive service needs of theparticipant.

(5) Training shall be appropriate. Fortraining to be appropriate, the natureof the training shall, to the extentpracticable, meet local employers’ re-quirements (including their occupa-tional needs) so that the participantwill be in a competitive position withinthe local labor market. The trainingmust also be likely to lead to employ-ment which will meet the provisions inparagraphs (a)(1) through (a)(4) of thissection.

(b) Health and safety standards. Par-ticipants are subject to the samehealth and safety standards establishedunder State and Federal law that oth-erwise apply to other individuals insimilar activities who are not JOBSparticipants.

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