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(e) Work with other public agencies (e) Assist parent in child rearing. that have responsibility for the place- (f) Offer education for family living. ment and care of any such children to (g) Evaluate the need for, and in apassure that these agencies carry out their propriate cases provide for, protective responsibilities in accordance with their and vendor payments and related agreement with the State agency ad- services. ministering or supervising the adminis

$ 220.23 Protective services and coopertration of AFDC.

ation with courts. § 220.20 Prevention reduction of

(a) Protective services must be probirths out-of-wedlock.

vided to children receiving aid who are There must be a program to prevent found to be in danger of or subject to or reduce the incidence of births out-of- neglect, abuse or exploitation. wedlock and to otherwise strengthen (b) There must be a specific plan family life. Services to prevent and re- whereby the State or local agency will duce births out-of-wedlock must be ex- bring cases of child abuse, neglect or extended progressively to all appropriate

ploitation to the attention of appropriate adults and youths, with initial priority courts or law enforcement agencies. The for mothers who have had children born same criteria for referral to courts or law out-of-wedlock within the 2 preceding enforcement agencies must be used as years or who are currently pregnant out

are used by the State or local agency for of-wedlock and for youths living in con- all other parents and children. There ditions immediately conducive to births must be continued cooperation with out-of-wedlock. Services must be pro- such courts and officials to assist in vided for fathers of such children.

planning for the child to serve his best § 220.21 Family planning services.

interests. Family planning services must be of- § 220.24 Services related to health needs. fered and provided to those individuals Services must be provided to families wishing such services, specifically in- and children with health needs through cluding medical contraceptive services identifying needs for preventive and (diagnosis, treatment, supplies, and fol- remedial medical services; locating orlowup), social services and educational ganizations or individuals who are willservices. Such services must be available ing to provide quality services on a digniwithout regard to marital status, age, or fied basis and helping to solve any parenthood. Individuals must be assured problems which may prevent them from choice of method and there must be ar

obtaining needed medical services and rangements with varied medical re- from making optimum use of the services sources so that individuals can be assured

available. choice of source of service. Acceptance of any services must be voluntary on the

REQUIREMENTS APPLICABLE TO THE WORK part of the individual and may not be a

INCENTIVE PROGRAM UNDER TITLE IV,

PART A prerequisite or impediment to eligibility for the receipt of any other service or $ 220.35 Work incentive program. aid under the plan. Medical services must be provided in accordance with the

(a) State plan requirements. Effective standards of other State programs pro

July 1, 1968, unless a State is prevented viding medical services for family plan

from complying on that date by State ning (e.g., maternal and child health

statute, and then no later than July 1, services).

1969, a State plan for AFDC under part

A of title IV of the Social Security Act 8 220.22 Services to meet particular must provide that: needs of families and children.

(1) Except as qualified in subparaServices must be provided to families graph (2) of this paragraph, prompt and children as follows:

referral (see subdivision (ii) of this (a) Assist children to obtain educa- subparagraph) of the following will be tion in accordance with their capacities. made to the manpower agency desig

(b) Improve family living through as- nated by the Secretary of Labor (heresisting parents to overcome homemaking inafter referred to as the Manpower and housing problems.

Agency) operating a Work Incentive (c) Assist in reuniting families.

Program under part C of title IV of such (d) Assist parents in money manage- Act, for participation in such program: ment, including consumer education. (i) Each appropriate individual (see

41 88-100 072

subdivision (iv) of this subparagraph), age 16 or over, who is receiving AFDC or who lives in the same household as an AFDC recipient and whose needs are taken into account in determining the assistance payment.

(ii) Any other individual receiving aid under the program who is not appropriate under the State plan and who, after being informed of the Work Incentive Program, requests such referral unless the State agency determines, subject to criteria established in the State plan, that participation therein will be inimical to the welfare of such individual or the family.

(iii) A referral is the transmission of notice in writing by the State or local agency to the Manpower Agency to the effect that an individual described in subdivision (i) or (ii) of this subparagraph (1) has been determined to meet the criteria for referral, in an area where a Work Incentive Program is operated, and has been directed by the welfare agency to appear in person at an office of the Manpower Agency, when notified. Referrals of such individuals shall be made promptly after such determination, in an orderly manner, and will not be deferred by reason of the fact that there is no project activity under the Work Incentive Program to which such individual can be assigned.

(iv) Except as qualified in subparagraph (2) of this paragraph (a), appropriate individuals, under subdivision (i) of this subparagraph (1) must include (a) unemployed jathers, and (b) dependent children and essential persons age 16 or over who are not in school, at work, or in training, and for whom there are no educational plans under consideration for implementation within the next 3 months. The decision as to what other individuals are appropriate for referral is the responsibility of the State. The State plan must specify any such individuals and describe criteria, consistent with the provisions of this section, for their referral.

(2) No referral will be made to the Manpower Agency for participation under a Work Incentive Program of an individual described in subparagraph (1) (i) of this paragraph (a) if he is:

(i) A person with illness, incapacity, or advanced age;

(ii) A person so remote from any project under the Work Incentive Program that he cannot effectively participate therein;

(ii) A child attending school fulltime;

(iv) A person whose presence in the home on a substantially continuous basis is required because of the illness or incapacity of another member of the household; or

(v) A person whose presence in the home is required because adequate childcare services cannot be furnished.

(3) Determinations as to whether individuals shall be referred under subparagraph (1) (i) and (ii) of this paragraph (a) for participation under a Work Incentive Program, will be made in the following order of priority:

(i) (a) Unemployed fathers currently participating in a Work Experience and Training Program under title V of the Economic Opportunity Act or who have participated in a Community Work and Training Program under section 409 of the Social Security Act;

(6) Other unemployed fathers.

(ii) Mothers and other caretaker relatives and essential persons who volunteer and are currently participating in a Title V Work Experience and Training Program or have participated in a Community Work and Training Program.

(iii) Dependent children and essential persons age 16 or over who are not in school, at work, or in training, and for whom there are no educational plans under consideration for implementation within the next 3 months.

(iv) Mothers and others who volunteer but are not currently involved in a Work Experience and Training program and who have no preschool children.

(v) Mothers and others who volunteer and have preschool children.

(vi) Any others determined by the State to be appropriate for referral.

(4) If the plan includes dependent children of unemployed fathers, referral of such fathers who are appropriate will be made to the Manpower Agency, for participation under a Work Incentive Program, within 30 days after receipt of aid with respect to such children.

(5) AFDC will not be denied because of a referral to the Work Incentive Program or because of an individual's participation on a project under a program of institutional and work experience training or of special work projects under part C of title IV of the Social Security Act.

(6) (i) If and for so long as an individual described in and referred pursuant to subparagraph (1) (i) of this

paragraph (a) has been determined by a special work project will be supplethe Manpower Agency to have refused mented as provided in subparagraph without good cause to participate in the (13) (ii) of this paragraph (a); and net Work Incentive Program or to accept a earnings (i.e., gross earnings minus wage bona fide offer of employment in which deductions over which the individual has he is able to engage:

no control, such as social security and in(a) If such individual is a relative re- come taxes, and other work-related exceiving AFDC, his needs will not be taken penses, such as for transportation, into account in determining the family's grooming, extra food, etc.), will be used need for assistance, and assistance in the in determining whether the income of form of protective or vendor payments the individual employed in a special projor of foster care will be made;

ect will be supplemented by an assist(b) If such individual is the only de- ance payment. pendent child in the family, assistance (iii) Such incentive payments or for the family will be denied;

wages of participants will not be taken (c) If such individual is one of several into consideration in determining the dependent children in the family, assist- need of any other individual. ance for such child will be denied and (10) Additional expenses reasonably his needs will not be taken into account attributable to an individual's particiin determining the family's need for as- pation in a program of institutional and sistance; and

work experience training will be paid to (d) If such individual is not a recipi- the family by the agency. ent, his needs will not be taken into ac- (11) All persons referred to the Work count in determining the family's need Incentive Program will be provided a for assistance.

prereferral medical examination to de(ii) If an individual referred on a vol- termine the individual's condition for untary basis pursuant to subparagraph participating in work and training activ(1) (ii) of this paragraph (a) discon- ities, unless adequate information for tinues participation in the Work Incen- this purpose is already available. States tive Program, he and his family are not are urged to provide restorative medical subject to the provisions of subdivision services directly related to the partici(i) of this subparagraph (6).

pant's employability utilizing all avail(7) Each individual described in sub- able resources such as the vocational reparagraph (6) (i) of this paragraph (a)

habilitation and title XIX programs. will, for a period of 60 days, be provided Such services include the provisions of counseling or other services aimed at items such as eyeglasses, hearing aids, persuading him to participate in the cosmetic dentistry, and similar services. Work Incentive Program or take employ- (12) (i) Arrangements will be made ment in which he is able to engage. by the State agency to assure a non-Fed

(8) With respect to each individual eral contribution (see paragraph (b) of described in subparagraph (6) (i) of this this section) to the Manpower Agency paragraph (a), the actions specified for 20 percent of the cost of operation of therein shall not be taken during the pe

the Work Incentive Program. riod of 60 days in which he is being pro- (ii) There will be joint planning bevided the services referred to in subpar- tween the State agency and the Managraph (7) of this paragraph, except power Agency on projects, project costs, scribed in subparagraph (6) (i) (a) of this in-kind resources including facilities, paragraph (a), assistance in the form equipment, and personnel (for purposes that in the case of the individual de- of the non-Federal contribution), and of protective or vendor payments will be methods of exchange of information conmade in behalf of him and his family. cerning wage rates and earnings.

(9) In the determination of need for (13) The State agency will make: assistance, the following will be included (i) Payments each month into the acin the State agency's policies for partici- count(s) established by the Manpower pation in the Work Incentive Program: Agency for participants in special work

(i) The $30 monthly incentive pay- projects equal to the money payment ment made by the Manpower Agency to which would otherwise be made to or on any participant in a program of institu- behalf of the individual (and his family), tional and work experience training will or 80 percent of the individual's gross be disregarded.

earnings, whichever is lesser; and (ii) The wages paid to an individual (ii) Supplemental payments of assistfor his employment or participation in ance to the individual participating in a

special work project, in an amount which, when added to his net earnings, will equal the money payment he would have received for himself and his family if he were not in the project, plus 20 percent of his gross earnings from the special work project.

(14) The State agency will make arrangements with the Manpower Agency for the return of unexpended payments described in subparagraph (13) (i) of this paragraph (a); and will make adjustments in overpayments resulting from the return of such unexpended payınents at the end of the fiscal year or such other periods as may be determined.

(15) After planning with the individual for his participation in a Work Incentive Program, the welfare agency will notify the individual in writing that he has been referred to the Work Incentive Program and that he has a right to a fair hearing before the State agency with respect to a determination regarding the appropriateness of such referral, the amount of payments, or the denial of assistance.

(16) In the event an individual who has been referred to the Work Incentive Program refuses to accept employment which is offered to him by an employer, whether directly or through the employment service or the welfare agency, the determination as to whether the offer was bone fide or there was good cause to refuse the offer will be made only by the Manpower Agency (after providing opportunity for fair hearing) and will be binding on the welfare agency.

(b) Non-Federal contribution. For purposes of paragraph (a) (12) (i) of this section:

(1) Except as specifically authorized by Federal statute, a non-Federal contribution may not include funds or expenditures which are used to meet the Federal or State share of other programs receiving Federal financial assistance.

(2) The non-Federal contribution may be in cash or in-kind. A contribution inkind may be made in the form of the provision of services, staff, space, equipment, or any other goods or services of value essential to the operation of the Work Incentive Program or any project under such program. Where such contribution is in-kind, the amount thereof will be determined on the basis of its reasonable value as established by suitable documentation.

(3) The costs of operation of the Work Incentive Program which may be met by the non-Federal contribution may include the costs of training, supervision, materials, administration, incentive payments, transportation, and other items as are authorized by the Manpower Agency, but may not include any reimbursement for time spent by participants in work, training, or other participation in such program.

(4) If the State welfare agency fails to make arrangements for the non-Federal contribution of 20 percent of the total Statewide Work Incentive Program costs of operation, the Secretary of Health, Education, and Welfare may withhold under the conditions specified in the law the equivalent of amounts to be paid from the grants to the State agency for the public assistance titles.

(c) Referral to the manpower agency. (1) To refer a client to the Work Incentive Program (see paragraph (a) (1) of this section), the welfare agency will complete section 1 of the Referral and Enrollment Form and send it, accompanied by a resume on the applicant's history, to the local Manpower Agency ofice. When such office notifies the client of a date for a personal interview, it will also notify the welfare agency of this date. It is then the obligation of the agency to follow through with the client and offer assistance, if needed, to help him keep his appointment. If something in the client's situation arises that prevents the client from keeping his appointment, another appointment will be made. In some cases, it may be necessary for a caseworker or someone else known to the client to accompany him on his interview. If the client so referred does not keep his scheduled interview, the welfare agency will work with the client to arrange another appointment and will advise the Manpower Agency of the outcome.

(2) When an individual referred to the Work Incentive Program refuses without good cause to accept employment in which he is able to engage or participate in a Work Incentive Program project, the Manpower Agency shall (after providing opportunity for fair hearing) notify the welfare agency and submit all the information on the refusal. Provision is made for special help for such an individual. The welfare agency is to provide intensive counseling and services for up to 60 days with a view to persuading the client to take enıployment in which he is able to engage or participate in the Work Incentive Program. (For related provisions, see paragraph (a) (6) of this section.)

(3) In the event an individual referred to the Manpower Agency should need to be referred back to the welfare agency as having good cause for not continuing on a training plan or a job, the welfare agency shall promptly restore the assistance payment to the individual or make other necessary payment adjustments. [34 F.R. 1354, Jan. 28, 1969, as amended at 36 F.R. 5605, Mar. 25, 1971) MANDATORY SERVICES APPLICABLE TO TITLE

IV, PART B § 220.40 Child welfare services.

(a) The State plan must assure progressive extension of child welfare seryices so that such services will be available in all political subdivisions by July 1, 1975, for all children in need of them; including annual progress in one or more of the following dimensions:

(1) Covering additional political subdivisions;

(2) Reaching additional children in need of services;

(3) Expanding the range of services provided;

(4) Improving the quality of services through additional trained child welfare personnel.

(b) The State plan must provide that:

(1) As a basis for giving priority in extending the provision of child welfare services to communities with the greatest need for such services, there will be a reasonable and objective method for assessing this need, taking into consideration their relative financial need.

(2) As a minimum, there will be child welfare services to children in their own homes and the provision of foster care of children.

(3) There will be a case plan, including diagnostic evaluation and plan for treatment, when a child is accepted for child welfare services; and periodic review of such plan.

(4) Child welfare services will be available on the basis of need for services and shall not be denied on the basis of financial need, legal residence, social status or religion.

(5) Child welfare services will not be limited to AFDC cases.

OTHER REQUIREMENTS APPLICABLE TO TITLE IV, PARTS A AND B, AS INDICATED § 220.45 Community planning (appli

cable to IV-A and B). (a) There must be progress in developing State and local agency leadership for participation in community affairs which will result in the development of community resources necessary to achieve program objectives of title IV, parts A and B.

(b) The State plan must also show the steps to be taken to achieve this objective, including the staffing for this function. § 220.46 Reports and evaluations (ap

plicable to IV-A and B). Such reports and evaluations must be furnished to the Secretary as he may specify, showing the scope, results and costs of services for families and children. § 220.47 Implementation; local agencies

and service contractors (applicable to

IV-A and B). (a) The State agency must have methods of assuring that local agencies are meeting the plan requirements, and where services are purchased, of monitoring local agencies and service contractors to insure that the plan requirements are being met and funds are being appropriately and effectively used. See separate SRS policy governing purchase of services.

(b) The State plan must also describe the methods to be used to carry out this requirement. § 220.48 Establishing paternity and se

curing support for children receiving

aid (applicable to IV-A). (a) There must be a program for establishing paternity for children born out-of-wedlock and for securing financial support for them and for all other children receiving AFDC who have been deserted by their parents or other legally liable persons. Efforts must be made to locate putative and absent parents and there must be a determination of their potential to provide financial support. There must be provision for the utilization of reciprocal arrangements with other States to obtain or enforce court orders for support. There must be a single staff unit in the State agency and in large local agencies to administer this

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