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GOOD CAUSE FOR NON-COMPLIANCE--MFIP/DWP

ISSUE DATE: 05/2018

MFIP:
The Employment Services Provider has primary responsibility to determine good cause for failure to comply for participants enrolled in MFIP Employment Services (MFIP-ES). However, if you learn of circumstances that show good cause, complete and send a DWP/MFIP Status Update Form (DHS-3165) (PDF) to the job counselor. See 0028.03.09 (Reporting Changes to Job Counselor).


MFIP ORIENTATION TO FINANCIAL SERVICES:


All participants may claim any 1 of the following reasons as good cause for failure to attend financial orientation:

Appropriate child care is not available. See 0028.18.02 (MFIP Good Cause--Child Care).

The participant is ill, injured, or incapacitated.

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A mother with a newborn baby is granted good cause under presumptive medical disability for the month of her baby’s birth and the 2 full months following the month of delivery. A doctor’s statement is not required. The mother is not considered disabled, even though the illness and incapacity exceeds 30 days.

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For a pregnancy that does not end in a live birth, medical documentation is required to verify pregnancy end date. Presumptive medical disability good cause is granted for the month the pregnancy ended and the following 2 full months.

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For a baby that does not enter the home, the mother is covered by presumptive medical disability good cause. Verification of birth is required. Collateral statements from third parties are acceptable.

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When a mother who is granted presumptive medical disability good cause is in sanction for non-cooperation with Employment Services (ES) or Financial Orientation (FO), lift any ES or FO sanctions that have been imposed for the month of her baby’s birth and the 2 full months following the month of delivery. Issue supplements, if appropriate.

A family member is ill and needs care by the participant that prevents the participant from attending an orientation.

The participant is unable to secure the necessary transportation.

The participant is in an emergency situation that prevents him/her from attending an orientation.

The orientation conflicts with the participant's work, training, or school schedule.

The schedule of orientation conflicts with judicial proceedings.

The participant documents other verifiable impediments to attendance at an orientation beyond the participant's control.

The participant has a child or adult in the household who meets ANY of the following disability or special medical criteria and whose services have been interrupted. See 0011.36 (Special Medical Criteria).

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Child or adult who receives physician-ordered, medically necessary home health services or private duty nursing in his or her residence.

OR

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Child or adult in the household who meets the disability or medical criteria for a home and community-based waiver services program.

OR

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Child who meets the definition of “severe emotional disturbance”, as determined by a qualified professional.

OR

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Adult who meets the definition of “serious and persistent mental illness”, as determined by a qualified professional.


If a caregiver misses an orientation because he/she must care for a disabled child or adult whose services are interrupted, you should grant good cause without time consuming attempts to document that the complex criteria above are met. When in doubt if the above criteria are met, it is appropriate to grant good cause based on either an emergency situation or verifiable impediments.

County agencies must work with participants to provide child care and transportation necessary to ensure a participant has every opportunity to attend an orientation.


EMPLOYMENT SERVICES REQUIREMENTS:


All participants may claim any 1 of the following reasons as good cause for failure to comply with the expectations of MFIP-ES:

Appropriate child care is not available. See 0028.18.02 (MFIP Good Cause--Child Care).

The job does not meet the definition of suitable employment. See 0028.18.03 (Suitable/Unsuitable Work).

The participant is ill, injured, or incapacitated.

-

A mother with a newborn baby is granted good cause under presumptive medical disability for the month of her baby’s birth and the 2 full months following the month of delivery. A doctor’s statement is not required. The mother is not considered disabled, even though the illness and incapacity exceeds 30 days.

-

For a pregnancy that does not end in a live birth, medical documentation is required to verify pregnancy end date. Presumptive medical disability good cause is granted for the month the pregnancy ended and the following 2 full months.

-

For a baby that does not enter the home, the mother is covered by presumptive medical disability good cause. Verification of birth is required. Collateral statements from third parties are acceptable.

-

When a mother who is granted presumptive medical disability good cause is in sanction for non-cooperation with Employment Services (ES) or Financial Orientation (FO), lift any ES or FO sanctions that have been imposed for the month of her baby’s birth and the two full months following the month of delivery. Issue supplements, if appropriate.

A member in the assistance unit, or a relative or foster child in the household, is ill and needs care by the participant that prevents the participant from complying with the Employment Plan.

The participant is unable to secure the necessary transportation.

The participant is in an emergency situation that prevents compliance with the Employment Plan.

The schedule of compliance with the Employment Plan conflicts with judicial proceedings.

The participant is already participating in acceptable work activities.

The employment plan requires an educational program for a participant under age 20, but the educational program is not available.

Activities identified in the Employment Plan are not available.

The participant is willing to accept suitable employment but employment is not available.

The participant documents other verifiable impediments to compliance with the Employment Plan beyond the participant's control.

The documentation needed to determine if a participant is eligible for Family Stabilization Services (FSS) is not available, but there is information that the participant may qualify and the participant is cooperating with the county or employment services provider’s efforts to obtain the documentation necessary to determine eligibility.


Participants must prove the good cause reason if the job counselor asks.


DWP:

Participants may claim good cause for any of the reasons listed in MFIP above under Employment Services Requirements.


SNAP:

See 0028.21 (Good Cause Non-Compliance - SNAP/MSA/GA/GRH).


MSA, GA, GRH:

No provisions.

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