Ch. 607: ASPIRE-TANF Program Rules

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Code of Maine Rules › -144 Department of Health and Human Services Rules › Ch. 607

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Text

Section 1 Definitions 1-1 thru 1-8

Section 2 Authorization; Goals and 2-1 thru 2-5

Objectives; Administration

Section 3 Participation; Participant Performance Requirements 3-1 thru 3-10

Participant Satisfactory Progress; Program Performance

Requirements; Scheduling Appointments

Section 4 Confidentiality, Participants' Rights and Responsibilities, 4-1 thru 4-12

Good Cause; Fair Hearings, Sanctions, Intentional Program;

Violations, Overpayment Procedures

Section 5 Work Evaluation 5-1 thru 5-4

Section 6 Case Management 6-1 thru 6-2

Section 7 Family Contract Amendment (FCA) 7-1 thru 7-2

Section 8 Pre-Training 8-1 thru 8-2

Section 9 Field Training 9-1 thru 9-3

Section 10 Education and Training 10-1 thru 10-3

Section 11 Work Activity Services 11-1 thru 11-3

Section 12 Job Search Activities 12-1 thru 12-2

Section 13 Employment 13-1 thru 13-5

Section 14 Support Services and Payment Provisions for Services 14-1 thru 14-11

Section 15 Reduction of ASPIRE-TANF Services when Funding 15-1

is Inadequate

Section 16 Parents as Scholars Program 16-1 thru 16-6

Section 17 TANF Time Limit Extensions 17-1 thru 17-11

Adult entertainment 4 VIII. 4-10

Apprenticeship 13 II.B. 13-1

ASPIRE-Plus 13 II.A., III.A. 13-1 thru 3

ASPIRE Two parent households 3 II.D. 3-4

Assessment 5 5-1 thru 4

Auto liability insurance 14 II.D. 14-6

Auto repairs 14 II.C. 14-5

Books and supplies 14 II.H. 14-7

Case Management 6 6-1 thru 2

Child care 14 II.A. 14-3

Clothing and uniforms 14 II.K. 14-8

Confidentiality 4 I. 4-1 thru 2

Definitions 1 1-1 thru 8

Displaced employee grievances 13 IV. 13-1 thru 5

Education and training 10 10-1 thru 3

Education, procedures 10 III. 10-2 thru 3

Education, training expenses 14 II.G. 14-6

Education, types of 10 II. 10-1

Employment 13 13-1 thru 5

Extensions 17 17-1 thru 11

Eye care 14 II.E. 14-6

Fair hearings 4 IV. 4-7 thru 8

Family planning 8 II.E.3.a. 8-2

Family Contract 7 7-1 thru 2

8 I.B. 8-1

12 I. 12-1

14 I.A., B., C., D., F., G. 14-1

14 II.A - E,G.1.,I.2.,K.,O. 14-3 thru 9

14 III

ucation, procedures 10 III. 10-2 thru 3

Education, training expenses 14 II.G. 14-6

Education, types of 10 II. 10-1

Employment 13 13-1 thru 5

Extensions 17 17-1 thru 11

Eye care 14 II.E. 14-6

Fair hearings 4 IV. 4-7 thru 8

Family planning 8 II.E.3.a. 8-2

Family Contract 7 7-1 thru 2

8 I.B. 8-1

12 I. 12-1

14 I.A., B., C., D., F., G. 14-1

14 II.A - E,G.1.,I.2.,K.,O. 14-3 thru 9

14 III. – IV. 14-9 thru 11

15 II. 15-1

Fee-for-service agreements 14 II.L. - Q. 14-8 thru 9

Field training 9 9-1 thru 3

Fraud Investigation and

Recovery Unit (FIRU) 1 1-3

Gambling facility 4 VIII.B. 4-10

Good Cause 4 III. 4-3 thru 7

High school diploma programs 8 II.B. 8-1

HSE preparation and training 8 II.C. 8-1

Intentional Program Violation (IPV) 4 VIII. 4-12

Job readiness activities 8 II.E. 8-2

Job search 3 II.B.1.,D.1. 3-3, 4

3 IV.A.3.a.,B.2.a. 3-7

12 12-1 thru 2

Life management skills 8 II.E.1. 8-1

MaineServe 11 I. - II. 11-1 thru 2

Matriculation 1 1-4

Non-traditional employment 13 II.D. 13-1

13 III.D. 13-5

Occupational expenses 14 II.L. 14-8

On-the-job training 3 IV.A.3.a., B.2.a. 3-7, 8

(OJT/ASPIRE-Plus) 13 II.A. 13-1

13 III.A. 13-2 thru 3

Orientation 2 II.E.10 2-5

3 V. 3-10

5 5-1 thru 4

7 II.A., F. 7-2

Overpayment Procedures 4 VII. 4-11

Parenting education 8 II.E.3.C. 8-2

Parents as Scholars 16 16-1 thru 6

Participant's performance requirements:

All Households 3 II.A. 3-1 thru 3

One Parent Household 3 II.B. 3-3 thru 4

Teen Parents 3 II.C. 3-4

Two Parent Household 3 II.D. 3- 4

Participants' rights and responsibilities 4 II. 4-2 thru 3

Participants' satisfactory progress 3 III. 3-5 thru 6

Participation 3 I. 3-1

Payment of support services 14 IV. 14-8 thru 9

Pre-training program 2 II.F.14. 2-5

8 8-1 thru 2

Relocation costs 14 II.M. 14-8

Remedial education 8 II.D. 8-1

Responsibilities of:

ASPIRE staff 2 2-1 thru 5

Return of purchased goods 14 II.R. 14-9

Sanctionable acts 4 V. 4-8

Scheduling procedures 3 V. 3-10

Self-employment 13 II.C. 13-1

13 III.C

ess 3 III. 3-5 thru 6

Participation 3 I. 3-1

Payment of support services 14 IV. 14-8 thru 9

Pre-training program 2 II.F.14. 2-5

8 8-1 thru 2

Relocation costs 14 II.M. 14-8

Remedial education 8 II.D. 8-1

Responsibilities of:

ASPIRE staff 2 2-1 thru 5

Return of purchased goods 14 II.R. 14-9

Sanctionable acts 4 V. 4-8

Scheduling procedures 3 V. 3-10

Self-employment 13 II.C. 13-1

13 III.C. 13-3 thru 5

Service delivery areas 15 15-1

Service reduction 15 15-1

Suitable employment 13 III.E. 13-5

Support services 14 14-1 thru 11

Transitional Employment for

Maine Parents (TEMP) 11 I., III. 11-1 thru 3

Transportation 14 II.B. 14-4 thru 5

Work activities 1 1-7

3 IV. 3-5 thru 8

Work activity services 11 11-3

Work evaluation 2 II.C.11. 2-3

5 5-1 thru 4

12 I.A. 12-1

13 I.A. 13-1

Work experience 3 IV. 3-7

Work readiness activities 8 II.E. 8-1 thru 2

DEFINITIONS AND DESCRIPTIONS

Summary: This section describes organizational units, programs, acronyms and significant terms pertaining to the ASPIRE program.

DEFINITIONS

Organizational units, programs, and their acronyms, and other significant terms pertaining to ASPIRE are defined below:

Acceptable Medical or Mental Health Source - The following are acceptable medical sources:

Licensed physicians;

Physician’s assistants;

Nurse Practitioners;

Licensed osteopaths;

Licensed or certified psychologists;

Licensed podiatrists for impairments of the foot and/or ankle;

Qualified speech-language pathologists for speech and language impairments only;

Licensed optometrist for the measurement of visual acuity and visual fields; and

Persons authorized to provide copies of the summaries of medical records of medical institutions.

Agent - An entity that has entered into a contract with the Department to provide services specified within said contract.

Alternative Education - An educational program that embraces subject matter or teaching methodology that is not generally offered to students of the same age or grade level in traditional school settings

ovide copies of the summaries of medical records of medical institutions.

Agent - An entity that has entered into a contract with the Department to provide services specified within said contract.

ASPIRE-Plus - ASPIRE-Plus is an On-the-Job training program that provides an employer subsidy for up to 26 weeks, depending on the length of training time needed, of up to 50% of the hourly wage paid by the employer.

ASPIRE-TANF Program - "ASPIRE-TANF" stands for Additional Support for People in Retraining and Employment - Temporary Assistance for Needy Families. ASPIRE is the employment and training program created by State statute in July 1988. The program provides case management, education, training, support, and employment services to assist TANF recipients in obtaining self-sufficiency.

ASPIRE Unit - A unit within the Department of Health and Human Services, Office for Family Independence, or an Agent thereof, which provides ASPIRE services to TANF participants. These services include, but are not limited to, assessment, pre-vocational activities, support services, Good Cause determination, case management, and employment services.

Assessment - An individualized process designed to integrate the array of ASPIRE services with the educational and vocational needs, interests, and abilities of each Participant.

DEFINITIONS AND DESCRIPTIONS (cont.)

Basic Literacy Level - The capability to read and write at a level equivalent to an 8.9 grade level as demonstrated either by an educational achievement test; maintaining a grade point average of at least 2.0 at a post-secondary institution; or having passed the reading portion of a high school equivalency test

eds, interests, and abilities of each Participant.

DEFINITIONS AND DESCRIPTIONS (cont.)

Case Management - The process of identifying the needs of the Participant and the Participant's family, coordinating services appropriate to meet those needs, and monitoring the Participant's progress through ASPIRE so the Participant can gain the skills and support to obtain employment.

Center for Workforce Research and Information (CWRI) - An agency within the Maine Department of Labor that provides research and guidance regarding occupations and employment outlook in the State of Maine.

Child care, affordable* - Affordable child care arrangements are those for which the Participant incurs little or no cost or is reimbursed for those expenses.

Child care, appropriate* - Appropriate child care is affordable child care furnished by a child care provider, of the Participant’s choice, who has passed background checks as required by 22 M.R.S. §§ 8301-A and 8302-A.

* these definitions apply only to single parents with a child under age 6

Component - Education, training, and employment activities approved by ASPIRE including pre-training; educational activities through post-secondary level; job skills training; job readiness activities; group and individual job search; on-the-job training; and community work experience.

Department of Health and Human Services (Department or DHHS) - The agency authorized by State and Federal statutes to administer the ASPIRE program and other programs.

Education - Activities including remedial-education, high school or equivalency, post-secondary, or certificate programs designed to prepare the participant for employment

search; on-the-job training; and community work experience.

Department of Health and Human Services (Department or DHHS) - The agency authorized by State and Federal statutes to administer the ASPIRE program and other programs.

Education - Activities including remedial-education, high school or equivalency, post-secondary, or certificate programs designed to prepare the participant for employment.

English for Speakers of Other Languages (ESOL) - Courses designed to teach English language skills to Participants.

Exempt from the Time Limit - A TANF recipient who has a month or months that do not count against the 60-month time limit.

Exempt from Work Participation - A TANF recipient who is not required to participate in ASPIRE in accordance with Federal or State regulations.

Extension - A one to six-month time period during which TANF benefits may be received, based on hardship or receipt of the Step Earnings Disregard, and approved by the Department. An extension allows a household to receive benefits past its 60-month time limit, when the recipient is complying with program rules and meets all other TANF eligibility requirements.

DEFINITIONS AND DESCRIPTIONS (cont.)

Fair Hearing (also known as an Administrative Hearing) - A hearing conducted before a Department of Health and Human Services hearings officer in which a Participant has an opportunity to dispute a decision made by the Department.

Fair Labor Standards Act (FLSA) - A federal law, 29 U.S.C. Ch. 8, that establishes labor standards that include minimum wage, overtime pay, and recordkeeping.

Family Contract - A form signed by a representative of the Department and each TANF caretaker relative that states the responsibilities of the parties to the agreement, including, but not limited to, cooperation in child support enforcement and determination of paternity and the requirements of program participation.

Family Contract Amendment (FCA) - The binding agreement ASPIRE Participants enter into with the Department’s ASPIRE Unit, pursuant to 22 M.R.S

partment and each TANF caretaker relative that states the responsibilities of the parties to the agreement, including, but not limited to, cooperation in child support enforcement and determination of paternity and the requirements of program participation.

Family Contract Amendment (FCA) - The binding agreement ASPIRE Participants enter into with the Department’s ASPIRE Unit, pursuant to 22 M.R.S. § 3788(4-A). In these agreements, specific action steps are listed that the Department and its Agent and the Participant agree to perform. The FCA may also be referred to as an Employment Plan (EP) or Career Plan (CP).

Family Development Account (FDA) - A fund, consistent with 20-A M.R.S. Ch. 412-B, intended to assist eligible individuals to save money to buy a house, pay for education, start a business, and/or attain other personal goals.

Federal Department of Health and Human Services, Administration for Children and Families, Office of Family Assistance (HHS/ACF/OFA) - The federal agency that administers and regulates the TANF Program and other programs of the Department of Health and Human Services, Office for Family Independence, and distributes block grant funds for these programs.

Field Training - A non-wage, time limited, training placement with a public, private non-profit or profit employer which enables the Participant to explore a preliminary career decision, gain experience in the work world and/or improve specific job skills.

Fraud, Investigation and Recovery Unit (FIRU) - The unit in the department responsible for investigating allegations of misuse, fraud, and over-payments. The unit also is responsible for seeking repayment when appropriate or referring the matter to the Attorney General’s office for prosecution.

Gainful Employment - Activities that a person can perform and pursue intended to provide an income, and are a source of consistent revenue for the worker, such as a steady job

ent responsible for investigating allegations of misuse, fraud, and over-payments. The unit also is responsible for seeking repayment when appropriate or referring the matter to the Attorney General’s office for prosecution.

Gainful Employment - Activities that a person can perform and pursue intended to provide an income, and are a source of consistent revenue for the worker, such as a steady job.

Good Cause - An acceptable reason, as determined by the Department of Health and Human Services, for a Participant’s action/inaction that removes the penalty for that action/inaction or relieves a requirement to participate in ASPIRE or in a particular ASPIRE component. When and how good cause may be established is described in further detail throughout the manual.

High-Value Credential - Means a document, or set of documents, showing completion of a skills-based training program, and outlines the competencies obtained by earning the credential, which address local workforce needs, fill employment pipelines, and provide pathways to growth-oriented jobs.

DEFINITIONS AND DESCRIPTIONS (cont.)

Industry-Recognized Certificate - Means a professional certificate that is recognized in the labor market, is portable across state borders, and is a valid assessment of students’ skills related to a particular industry or occupation.

Intentional Program Violation (IPV) - Occurs when an individual has purposely misused “cash benefits” and/or misrepresented actual circumstances in order to receive benefits, and the individual would not have been eligible had the proper information been available at the time of application, redetermination of eligibility, or within ten days of the change in circumstances.

Job Development/Placement - Specific actions by ASPIRE or a service provider in identifying subsidized and unsubsidized jobs, marketing Participants based on their career goals for those jobs and securing job interviews for participants

n eligible had the proper information been available at the time of application, redetermination of eligibility, or within ten days of the change in circumstances.

Job Readiness - Pre-training activities focusing on life management skills, work maturity skills, work place expectations and work behavior and attitudes necessary to succeed in the labor market.

Job Search - An activity intended to lead to locating and obtaining employment. Job search activities are either self-directed by an individual or conducted in a group setting, with individual assistance provided by ASPIRE or its Agent.

Job Skills Training - Vocational training focusing on the required skills, knowledge and abilities of a specific occupation or business.

MaineServe - A community volunteer service program designed to provide parents who are eligible for TANF opportunities to serve their communities and the State in a manner that assists them in developing and renewing their skills in ways that may lead to employment that is sufficient to sustain their families. MaineServe hours are subject to the Fair Labor Standards Act (FLSA).

Marketable Bachelor’s Degree - The Applicant or Participant must lack a bachelor’s degree marketable in Maine as determined by the Department. A bachelor’s degree is not marketable if the credential: was obtained in another country or jurisdiction and is not recognized by the professional licensing body as a marketable degree in Maine; prepared the individual for a specific occupation in which they have not worked for the last fifteen (15) years; or equipped the individual for a specific occupation that they are no longer able to perform

A bachelor’s degree is not marketable if the credential: was obtained in another country or jurisdiction and is not recognized by the professional licensing body as a marketable degree in Maine; prepared the individual for a specific occupation in which they have not worked for the last fifteen (15) years; or equipped the individual for a specific occupation that they are no longer able to perform.

Matriculation - For the Parents as Scholars Program, matriculation means acceptance to and official registration as at least a half-time student with the Training or Education Institution. For a Participant who previously met the Matriculation requirement, and has completed that program, registration in a licensing exam or test preparation course related to requirements for their credential or participation in a final clinical, field placement, or externship will also be considered matriculation.

Minimum Wage - The minimum legal hourly wage an employer must pay an employee as defined by 26 M.R.S. § 664. Current minimum wage figures are posted at: https://www.maine.gov/labor/labor_laws/minimumwagefaq/; https://www.dol.gov/general/topic/wages/minimumwage

DEFINITIONS AND DESCRIPTIONS (cont.)

Net Loss of Cash income - Net loss of cash income results if the family’s gross income, less necessary work-related expenses, is less than the TANF benefit and any other cash assistance the Participant was receiving at the time the offer of employment is made.

Non-Compliance - Failure of a mandatory ASPIRE recipient to sign or abide by the terms of the Family Contract Amendment without Good Cause, which will result in termination of benefits to the individual for the lesser of ninety (90) days or until the failure to comply ceases.

Office for Family Independence (OFI) - The organizational unit with the Department of Health and Human Services which administers the ASPIRE program

of a mandatory ASPIRE recipient to sign or abide by the terms of the Family Contract Amendment without Good Cause, which will result in termination of benefits to the individual for the lesser of ninety (90) days or until the failure to comply ceases.

Office for Family Independence (OFI) - The organizational unit with the Department of Health and Human Services which administers the ASPIRE program. OFI also administers several programs and services such as TANF, Parents as Scholars (PaS), Supplemental Nutrition Assistance Program (SNAP), General Assistance, MaineCare, Child Support Enforcement and Recovery, Higher Opportunity For Pathways To Employment (HOPE) and Emergency Assistance.

On-the-Job Training (OJT) - A means by which a Participant is hired and trained in a specific occupation by a private or public employer who receives a partial reimbursement of wages paid for providing skills and training necessary to perform the job (See ASPIRE-Plus).

Parents as Scholars Program (PaS) - A student aid program based on need for up to 2,000 Participants, who have dependent children and who are matriculating in post-secondary undergraduate 2-year and 4-year degree-granting education programs.

Participant - A TANF recipient who is involved in ASPIRE activities.

Pre-Matriculation Services – Services offered by the Department to assist ASPIRE Participants interested in applying for post-secondary education or the Parents as Scholars (PaS) Program. It includes enrolling or preparing participants for enrollment in a program, providing remedial services necessary for matriculation; identifying the strengths, needs and barriers faced by Participants; and making referrals to programs qualified to assist Participants with services, supports, education, training and accommodations needed to reduce or overcome barriers to enrollment in the PaS Program. ASPIRE Support Services may be available based on unmet need

a program, providing remedial services necessary for matriculation; identifying the strengths, needs and barriers faced by Participants; and making referrals to programs qualified to assist Participants with services, supports, education, training and accommodations needed to reduce or overcome barriers to enrollment in the PaS Program. ASPIRE Support Services may be available based on unmet need.

Pre-Training - Activities designed to prepare the Participant for occupational skills training, post-secondary education and employment. Such activities include secondary education programs, job readiness activities, employment counseling, field training, self-employment evaluation, and referral to services to improve life-management skills.

Resource Calculator - A custom online tool for Participants and case managers to use when evaluating and planning the economic benefits of short- and long-term educational programs and employment.

Restorative Approaches - The use of practices that support positive behavior, strengthen relationships, and improve participation, and thereby assist in reducing the need for Sanctions.

DEFINITIONS AND DESCRIPTIONS (cont.)

Sanctions - Actions taken by the Department of Health and Human Services as a result of a Participant's failure or refusal to adhere to the terms in the signed Family Contract Amendment, or general participation in the ASPIRE program without Good Cause. These actions generally cause a reduction in TANF benefits for a specified time period for Participants who are not exempt, and a loss of services for a specified time for voluntary Participants.

Satisfactory Progress - The requirement that a Participant meet standards of performance imposed by an educational or training institution and by ASPIRE while participating in an education or training activity

actions generally cause a reduction in TANF benefits for a specified time period for Participants who are not exempt, and a loss of services for a specified time for voluntary Participants.

Short-Term Occupational Training Program (“Training Program”) - A postsecondary program that is generally completed in one year or less and provides specific training that results in a high-value or industry recognized credential, as determined by the Department.

Specified Relative - A person related to the minor child within the fifth degree of kinship by blood, marriage, or adoption who lives with the child; a legal guardian or Indian Custodian who lives with the child.

Stackable Credential - Means part of a sequence of credentials earned along a specific Career Pathway that can be accumulated over time to increase an individual’s qualifications and help build the Career Pathway to more sustainable employment.

Step Disregard - A disregard of earned income as detailed in the Maine Public Assistance Manual, 10-144 C.M.R. Ch. 331, Chapter IV, Step Disregard.

Support Services - Services such as child care, transportation, eye care, and tuition, which enable the Participant to engage in the activities contained in the Family Contract Amendment and to engage in employment.

TANF Earnings Disregard Extension - An extension granted to a household for each month in which they receive TANF/PaS and a Step disregard of either 100% or 75% (see Maine Public Assistance Manual, 10-144 C.M.R. Ch. 331, Chapter IV, Step Disregard). This extension type is only available for families that have reached 60 months on or after October 1, 2019.

TANF Recipient - An individual who is a member of a household that receives TANF payments in accordance with the Maine Public Assistance Manual, 10-144 C.M.R. Ch. 331

Step disregard of either 100% or 75% (see Maine Public Assistance Manual, 10-144 C.M.R. Ch. 331, Chapter IV, Step Disregard). This extension type is only available for families that have reached 60 months on or after October 1, 2019.

TANF Recipient - An individual who is a member of a household that receives TANF payments in accordance with the Maine Public Assistance Manual, 10-144 C.M.R. Ch. 331.

TANF Single Parent Family - A TANF family which receives benefits under the program authorized in the Federal Social Security Act, as amended by the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996, and the Deficit Reduction Act (DRA) of 2005, whose children are deprived of parental support or care by reasons other than the underemployment of the parent who is the principal wage earner, or the incapacity of a parent.

DEFINITIONS AND DESCRIPTIONS (cont.)

TANF Two Parent Family - A TANF family that receives benefits under the program authorized in the Federal Social Security Act, as amended by the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996, and the Deficit Reduction Act (DRA) of 2005, whose children are deprived of parental support or care either by reason of the underemployment of the parent who is the principal wage earner, or by reason of incapacity of a parent.

Time Limit - The limit of 60 months during which a family may receive TANF assistance in the absence of the family qualifying for a time limit exemption or extension.

Training and/or Work Site Agreement - An agreement which is included as part of the Family Contract Amendment and which stipulates specific performance requirements for a participant enrolled in education, training and/or work experience.

Transitional Employment for Maine Parents (TEMP) - A volunteer work experience position

absence of the family qualifying for a time limit exemption or extension.

Transitional Employment for Maine Parents (TEMP) - A volunteer work experience position.

Two-Generation Services - Case Management that focuses on creating opportunities for and addressing the needs of both children and their families together with the goal of creating economic stability for the family.

Unmet Need - A need demonstrated to be preventing successful completion of the education or training program or the attainment or retainment of employment. The unmet need is in excess of available funding or resources from all other federal, state, public, private, and institutional sources of aid, excluding loans or federal work study. Example: Person’s tuition is $6500 to attend the University of Maine. They receive $1,500 in grants and $2,000 in scholarships. The person’s unmet need would be $3,000.

Unsubsidized Employment - Full or part-time employment in the public or private sector that is not subsidized by TANF or any other public program.

Up-front Job Search - Newly-granted TANF recipients who are considered job-ready, and who are eligible for TANF based on unemployment of the primary wage earner or single parent recipients whose children are 5 years of age or older, may participate in individual or group job search activities during the work evaluation phase of involvement with ASPIRE.

Voluntary Participant - A TANF recipient who is not required to participate, by Federal or State regulations but chooses to enroll in ASPIRE.

Work Activities - Work activities are those activities that are allowable under PRWORA (Sec

whose children are 5 years of age or older, may participate in individual or group job search activities during the work evaluation phase of involvement with ASPIRE.

Voluntary Participant - A TANF recipient who is not required to participate, by Federal or State regulations but chooses to enroll in ASPIRE.

Work Activities - Work activities are those activities that are allowable under PRWORA (Sec. 407, (d)), and are listed in this manual in Section 3 (IV)(A)(3) and (IV)(B)(2)

Work Eligible Individual (WEI) - An adult, or a minor child, who is a head of household, receiving assistance under TANF or a separate State program, who is not otherwise exempted from meeting a work requirement.

DEFINITIONS AND DESCRIPTIONS (cont.)

Work Evaluation - Consists of all activities related to Assessment, employability plan development and initial amendment to the Family Contract Amendment. Work evaluation is limited to a maximum of 90 days, unless extended by the Commissioner (or the designee of the Commissioner).

Work Experience - This is a generic term used to describe a variety of experiential activities (such as TEMP, On-the-Job Training, Community Service, etc.) that lead to, or include, employment.

Work Readiness Activities - These activities include job shadowing, job coaching, mentoring, situational assessment, and any other activity that will encourage obtaining or retaining employment.

Wraparound Case Management - Wraparound service delivery provides a team-based, collaborative Case Management approach that is, among other things, comprehensive, holistic, and family-centered.

AUTHORIZATION AND ADMINISTRATION

Summary: This Section cites authorizing statutes, goals, and objectives; and describes the roles and responsibilities of administrative units of the ASPIRE Program.

I. AUTHORIZATION

Case Management - Wraparound service delivery provides a team-based, collaborative Case Management approach that is, among other things, comprehensive, holistic, and family-centered.

AUTHORIZATION AND ADMINISTRATION

Summary: This Section cites authorizing statutes, goals, and objectives; and describes the roles and responsibilities of administrative units of the ASPIRE Program.

I. AUTHORIZATION

A. The Department is authorized to operate the ASPIRE Program by the Federal Social Security Act, Titles IV-A and IV-F, as amended by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) and the Deficit Reduction Act of 2005 (DRA); and by Maine Law (22 M.R.S. §3782-A et seq.).

B. It is the responsibility of the Department to operate the ASPIRE Program in an efficient and effective manner, operating in the best interest of Participants and taxpayers. The ASPIRE Program should coordinate a delivery structure which maximizes resources of the Department of Health and Human Services and other State and community resources. Consistent with the concept of assisting Maine families in obtaining and retaining employment that sustains their family, the ASPIRE Program recognizes the following principles:

1. TANF is a temporary income program to provide support while the individual moves towards employment.

2. ASPIRE is an employment and training program, the services of which are intended to help Participants progress to sustainability.

3. Expenditures made on behalf of Participants represent society's investment in their human potential and accordingly, ASPIRE Program operates as a benefit to Participants, the economy of the State of Maine, and society.

4. As a program concerned with the development of individual Participants, the ASPIRE Program recognizes the differing vocational needs, interests, and abilities of its Participants. The ASPIRE Program will plan with each Participant to best meet those needs and to overcome challenges to employment.

II. ADMINISTRATION

as a benefit to Participants, the economy of the State of Maine, and society.

II. ADMINISTRATION

A. The ASPIRE Program is administered by the Department of Health and Human Services, which has responsibility for program direction and oversight. Office for Family Independence (OFI), through staff and Agents, provides services to TANF recipients to assist them in obtaining employment, reducing their need for public assistance.

AUTHORIZATION AND ADMINISTRATION (cont.)

B. The ASPIRE Program is designed to offer a delivery system of Participant case management with action steps designed to maximize Department resources with other agency or community-based resources to help people make goal-driven career choices. The strategy focuses on using strengths while understanding disadvantages or possible limitations, with the goal of moving families into family-sustaining employment.

The Program and the Participant enter into a Family Contract Agreement that sets out the rights and responsibilities of both parties.

All Participants will receive equitable, inclusive, access to services.

All people are expected to be courteous and use peace-keeping language.

All Participants have the right to appeal any decision.

ss to services.

All people are expected to be courteous and use peace-keeping language.

All Participants have the right to appeal any decision.

C. It is recognized and acknowledged that people have varied education and skills levels and that they may be dealing with distinct and varying degrees of personal and health barriers to employment. What works for one family may not work for another family. People with physical, emotional, behavioral health concerns; alcohol or substance use disorders; victims of domestical violence or human trafficking; and/or have justice-involved matters will be afforded the equitable services required to achieve family-sustaining income.

D. ASPIRE understands that trauma has many roots. These may include physical, emotional, sexual, or a combination of abuse; experiences of civil unrest; and all types of discrimination.

Person-centered career planning with understanding and positive intentions is necessary for all parties involved.

During career planning, if appropriate to their situation, participants will be encouraged to explore and pursue higher education opportunities that will increase earning potential and provide financial independence.

Support Services will be offered to help people overcome challenges that hinder meeting employment goals.

E. In accordance with Federal and State authorizing legislation, OFI, as administrator of ASPIRE, makes the following assurances:

AUTHORIZATION AND ADMINISTRATION (cont.)

1. Have in operation both a work program and a support services program which have been approved by the Secretary of the Department of Health and Human Services (HHS) and that meet all the requirements of the Social Security Act, PRWORA, DRA and Maine law.

2. Ensure that the ASPIRE Program will meet all statutory and regulatory requirements.

3. To the extent that resources permit, require non-exempt TANF recipients and allow volunteers to participate

services program which have been approved by the Secretary of the Department of Health and Human Services (HHS) and that meet all the requirements of the Social Security Act, PRWORA, DRA and Maine law.

2. Ensure that the ASPIRE Program will meet all statutory and regulatory requirements.

3. To the extent that resources permit, require non-exempt TANF recipients and allow volunteers to participate. The Department shall provide child care in accordance with federal and state law when the child care is necessary to permit a TANF-eligible family member to participate in the ASPIRE program.

4. Ensure that Participants are not discriminated against on the basis of race, sex, national origin, religion, age, or disabling condition under the ASPIRE Program.

5. Ensure that Participants will be assigned to ASPIRE Program activities in accordance with the provisions of the Social Security Act as amended by the PRWORA of 1996, the DRA of 2005 and Maine law (22 M.R.S. §3782-A et seq.)

6. Ensure that benefits and services provided under the Social Security Act as amended by the PRWORA of 1996, DRA of 2005 will be delivered in an integrated fashion.

7. Ensure that services funded or provided under ASPIRE are not otherwise available, of equal quality, on a non-reimbursable basis.

8. Ensure that all recipients of TANF are encouraged, assisted and required to fulfill their responsibilities to support their children by preparing for, accepting, and retaining employment.

9. Ensure that State and local funds expended for ASPIRE services shall be maintained at the level required by maintenance of effort provisions of the Social Security Act as amended by the PRWORA of 1996, and the DRA of 2005.

10. Ensure that Federal and State funds made available to OFI for the ASPIRE Program shall not be used to supplant non-Federal funds or any other funds which would otherwise be available for existing services and activities.

IRE services shall be maintained at the level required by maintenance of effort provisions of the Social Security Act as amended by the PRWORA of 1996, and the DRA of 2005.

11. Ensure that all Participants with disabilities have the right to request and receive, subject to adequate Federal and State funding, a reasonable accommodation in order to receive substantially the same program benefits as persons without disabilities.

AUTHORIZATION AND ADMINISTRATION (cont.)

In accordance with the Americans with Disabilities Act (ADA), no qualified individual with a disability will, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs or activities of the Maine Department of Health and Human Services (DHHS), or be subjected to discrimination by DHHS.

F. The responsibilities delegated to the Office for Family Independence are:

1. Overall program administration including: establishing optional provisions and components of the program; program planning and design; determination of who should participate; establishment of participation requirements; development of definitions of Good Cause for failing to participate; and the issuance of policies, rules and regulations governing the program.

2. Taking certain actions regarding individuals including: determination of exemption status; providing case management services; monitoring for compliance of work participation requirements; determination of Good Cause for failure to participate; determination and application of sanctions; determination of extensions or exemptions from the 60-month time limit; providing notice of case actions, and fair hearings. (The conducting of fair hearings is delegated to the Department of Health and Human Services, Division of Administrative Hearings.)

iance of work participation requirements; determination of Good Cause for failure to participate; determination and application of sanctions; determination of extensions or exemptions from the 60-month time limit; providing notice of case actions, and fair hearings. (The conducting of fair hearings is delegated to the Department of Health and Human Services, Division of Administrative Hearings.)

3. Determining eligibility for TANF or PaS and issuance of monthly cash assistance benefits.

4. Having all TANF applicants sign a Family Contract, countersigned by OFI staff, in a manner as permitted by the TANF State Plan Amendment.

5. Determining whether TANF recipients are exempt from participation in ASPIRE.

6. Determining Good Cause related to eligibility issues, applying sanctions and sending notice of sanction actions.

7. Administering transitional child care, transitional transportation, MaineCare, Transitional Food Assistance, and TANF Working Families Supplement.

8. Representing OFI at Administrative Hearings related to eligibility and ASPIRE issues.

AUTHORIZATION AND ADMINISTRATION (cont.)

9. Determining the months that will count toward the 60-month time limit on benefits. Notifying individuals of their month count annually and providing notice to recipients 120 days prior to the end of their 60th month of TANF receipt that their time limit is imminent. This notice will include an explanation of time limit exemptions and extensions.

10. Providing a comprehensive orientation in-person or online to ASPIRE Participants, either individually or in groups, regarding ASPIRE, Participant rights and responsibilities and other pertinent information.

11. Conducting a work evaluation with each Participant. This work evaluation consists of all activities related to Assessment and completion of amendments to the Family Contract Amendment.

12. Acting as case managers throughout the ASPIRE Participant's enrollment in the program

her individually or in groups, regarding ASPIRE, Participant rights and responsibilities and other pertinent information.

11. Conducting a work evaluation with each Participant. This work evaluation consists of all activities related to Assessment and completion of amendments to the Family Contract Amendment.

12. Acting as case managers throughout the ASPIRE Participant's enrollment in the program. Case management includes counseling the Participant regarding life-coping skills, brokering of support services, advocating for the Participant and monitoring, evaluating and documenting the Participant's progress in order to assist the Participant to obtain the skills and support needed to become employed.

13. Providing on-going Assessment, and determining whether educational achievement, aptitude, skill or other testing is needed.

14. Providing direct services, such as pre-training activities (group exercises to enhance self-esteem, self-awareness and develop goals), support services (child care, transportation, etc.), and making referrals to agencies providing services.

15. Determining Good Cause for failing to participate.

16. Reviewing, approving and imposing sanctions and sending notice of other Participant status changes to the OFI eligibility unit.

17. Developing resources to increase the amount, accessibility and quality of services for Participants.

PARTICIPATION, PARTICIPANT PERFORMANCE REQUIREMENTS, PARTICIPANT SATISFACTORY PROGRESS, PROGRAM PERFORMANCE REQUIREMENTS, SCHEDULING APPOINTMENTS

Summary: This Section contains the federal and state requirements for participation in ASPIRE and satisfactory progress determinants. This Section includes appointment scheduling procedures.

I. PARTICIPATION

A. The ASPIRE Program is a program for TANF recipients designed to provide Participants with the necessary educational skills and training leading to employment

ENTS, SCHEDULING APPOINTMENTS

Summary: This Section contains the federal and state requirements for participation in ASPIRE and satisfactory progress determinants. This Section includes appointment scheduling procedures.

I. PARTICIPATION

A. The ASPIRE Program is a program for TANF recipients designed to provide Participants with the necessary educational skills and training leading to employment. Title IV, Part A of the Social Security Act, as amended in 1996 by the Personal Responsibility Work Opportunity Reconciliation Act (PRWORA) and in 2005 by The Deficit Reduction Act (DRA) requires, where resources permit that TANF recipients, who are determined to be Work Eligible Individuals participate in an education, training or employment program. Recipients may be exempted from participation when permitted under State law in accordance with the Maine Public Assistance Payments Manual by the Office for Family Independence.

B. Mandatory ASPIRE Program requirements are outlined below and in the Work Verification Plan for the State of Maine. In accordance with 45 C.F.R. 261, the Work Verification Plan serves as the basis for federal participation and reporting requirements.

C. TANF recipients who are otherwise exempt may volunteer to participate in the ASPIRE Program. All mandatory and volunteer Participants will be referred to the ASPIRE Unit.

II. PARTICIPANTS PERFORMANCE REQUIREMENTS

A. All ASPIRE Households

In order to meet federal work requirements, all TANF Work Eligible Individuals are required to participate in the ASPIRE program when funding is available, unless exempted from participation for one of the following reasons:

An applicant or recipient is the only custodial parent or caretaker relative of a child under one year of age and is personally providing care for that child, except that this exemption may be claimed for no more than a total of twelve (12) months per custodial parent or caretaker relative in a lifetime. An applicant or recipient may elect not to claim the exemption

r one of the following reasons:

PARTICIPATION, PARTICIPANT PERFORMANCE REQUIREMENTS, PARTICIPANT SATISFACTORY PROGRESS, PROGRAM PERFORMANCE REQUIREMENTS, SCHEDULING APPOINTMENTS (cont.)

1. Parents and caretaker relatives under twenty (20) years of age who have not completed high school or its equivalent may not claim this exemption. They must attend courses to complete high school, with an emphasis on education in a traditional high school setting.

A recipient who is a child in the assistance unit;

An applicant or recipient who is a VISTA volunteer under the federal Domestic Volunteer Service Act of 1973;

An applicant or recipient parent or caretaker relative who is needed in the home to care for a disabled family member living in the household, provided that the disabled family member is not a full-time student. The need for the TANF or PaS recipient to care for the disabled family member must be verified at least every six months through statements by an acceptable medical or mental health source.

An applicant or recipient parent or specified relative who receives Social Security Disability Insurance (SSDI) benefits;

An applicant or recipient parent or specified relative who receives Supplemental Security Income (SSI).

TANF individuals may be exempted from participation in accordance with Maine Public Assistance Manual, 10-144 C.M.R., Ch. 331, by the Office for Family Independence, in addition to the reasons set forth above

r specified relative who receives Social Security Disability Insurance (SSDI) benefits;

An applicant or recipient parent or specified relative who receives Supplemental Security Income (SSI).

Component activities may be combined to reach the number of hours of program participation required by ASPIRE.

Education, training and treatment is limited to a maximum of 24 consecutive months starting with the first day of participation in ASPIRE in any allowable and approved job skills or occupational skills training activity. The 24-month period may be extended by the Commissioner or the designee of the Commissioner for Good Cause shown. The Participant must make all reasonable efforts to complete the education or training program within the normal time frames prescribed by the institution for completion.

PARTICIPATION, PARTICIPANT PERFORMANCE REQUIREMENTS, PARTICIPANT SATISFACTORY PROGRESS, PROGRAM PERFORMANCE REQUIREMENTS, SCHEDULING APPOINTMENTS (cont.)

EXCEPTION: Maximum of 24 consecutive months does not apply to the Parents as Scholars Program, described in Section 16.

However, ASPIRE recognizes that there are often circumstances such as a necessary change in program, family or personal problems, inability to carry a full course load and other factors which may prohibit timely completion. Therefore, if there is Good Cause ASPIRE will permit Participants 1.5 times the normally expected time period for completion of the education or training program, up to the 24-month time limit. Extensions beyond the 24 month period require the approval of the Commissioner of DHHS, or the designee of the Commissioner

o carry a full course load and other factors which may prohibit timely completion. Therefore, if there is Good Cause ASPIRE will permit Participants 1.5 times the normally expected time period for completion of the education or training program, up to the 24-month time limit. Extensions beyond the 24 month period require the approval of the Commissioner of DHHS, or the designee of the Commissioner.

The Department may approve a job skills or occupational training activity longer than 24 months provided the Participant agrees to perform a minimum of thirty (30) hours a week of work site experience by no later than the end of the 24-month period. (NOTE: See section 16 for requirements for the PaS Program.) Qualifying work site experience may include, but is not limited to, unsubsidized employment, subsidized employment, Field Training, On-The-Job Training, Community Service activities, work study, training-related practicums or any other such work site approved by the Department. The 24-month period does not include periods of non-activity in which Good Cause has been determined.

The number of hours that a household can be required to participate in work experience and community service activities is determined by dividing the household’s TANF and Supplemental Nutrition Assistance Program (SNAP) benefits by the state or federal minimum wage, whichever is higher, as described in Section 11, and in accordance with the Fair Labor Standards Act (FLSA). If the total is less than the minimum number of hours required by federal and/or state law, the difference will be made-up involving the Participant in non-work activities, such as skills training or remedial education.

B. ASPIRE-TANF One Parent Households

1. Single parents receiving TANF who are considered job-ready, and whose children are 5 years of age or older, must participate in individual or group job search, depending on their needs and the resources of the local ASPIRE offices

, the difference will be made-up involving the Participant in non-work activities, such as skills training or remedial education.

B. ASPIRE-TANF One Parent Households

PARTICIPATION, PARTICIPANT PERFORMANCE REQUIREMENTS, PARTICIPANT SATISFACTORY PROGRESS, PROGRAM PERFORMANCE REQUIREMENTS, SCHEDULING APPOINTMENTS (cont.)

2. A Participant who is the single custodial parent or caretaker relative of a child under age 6 will meet work requirements if they participate in work activities for at least an average of twenty (20) hours per week.

3. ASPIRE Participants who are Work Eligible Individuals in one parent households will be required to participate in a countable work activity for a minimum of thirty (30) hours per week, unless Good Cause (Section 4, subsection III) has been granted by the program for fewer hours of participation or non-participation, or the ASPIRE Specialist determines that one or more of the

following three activities are appropriate for some or all of the hours beyond twenty (20): job skills training directly related to employment; education directly related to employment; and satisfactory attendance at secondary school or in a course of study leading to a certificate of general equivalence.

C. Teen Parents

1. ASPIRE Teen Parents (under age 20) have additional performance requirements under this section, subsection II (1)(a). These are:

a. A custodial parent under 20 years of age who is a recipient of TANF and has not completed high school or its equivalent must participate in the ASPIRE Program regardless of the age of the youngest child and attend courses to complete high school, with an emphasis on education in a traditional high school setting.

D. ASPIRE Two Parent Households

this section, subsection II (1)(a). These are:

D. ASPIRE Two Parent Households

1. TANF two parent family members who are job ready must participate in individual or group job search depending on their needs and the resources of the local ASPIRE office.

2. Participation requirements for two parent families are regulated by State and Federal law.

State law requires each parent to participate in work activities in accordance with the Title IV, Part A of the Social Security Act as amended in 1996 by PROWRA and in 2005 by the DRA.

Exception: in two parent families where eligibility is based on the incapacity of one of the parents, the family will be subject to the work participation requirements under II. A of this Section, excluding numbers 1. a. and 5 in that Section, as those only apply to households where there is only one parent present.

PARTICIPATION, PARTICIPANT PERFORMANCE REQUIREMENTS, PARTICIPANT SATISFACTORY PROGRESS, PROGRAM PERFORMANCE REQUIREMENTS, SCHEDULING APPOINTMENTS (cont.)

Federal law requires parents in families in which federal funds are being used to pay for child care to participate in work activities as described in IV(B)(2)(a) of this Section for a total of 50 hours per week, and also participate in the activities as described in IV(B)(2)(b) of this Section for an additional 5 hours per week.

If Federal funds are not being used to pay for the cost of child care, Federal law requires one or both parents to participate in the work activities as described in IV(B)(2)(a) of this Section for a total of 30 hours per week, and also participate in the activities as described in IV(B)(2)(b) of this Section for an additional 5 hours per week

b) of this Section for an additional 5 hours per week.

Parents in a two parent family, who are under the age of 20 and have not completed high school or successfully completed an equivalent course, will be given the choice of participating in an educational activity directed toward attainment of a high school diploma or its equivalent, in lieu of, or in combination with the work component activity.

III. PARTICIPANTS' SATISFACTORY PROGRESS

A. Participants who enroll in any ASPIRE activity, (other than ASPIRE-PLUS (OJT) where employer expectations shall apply) must adhere to satisfactory progress requirements. These requirements will be listed on a Training or Work Site Agreement which is considered to be part of the Family Contract Amendment (FCA). The requirements include the following:

1. Participating as required by the activity and/or attending classes as scheduled.

2. Reporting to ASPIRE any situation or circumstance which might affect continued participation in the activity.

3. When applicable, making satisfactory progress in a secondary educational program as defined by the institution or program the Participant is attending, which means meeting on a periodic basis of at least once a year a consistent standard based on written policy developed by the institution or program, and approved by the Maine Department of Education and ASPIRE.

PARTICIPATION, PARTICIPANT PERFORMANCE REQUIREMENTS, PARTICIPANT SATISFACTORY PROGRESS, PROGRAM PERFORMANCE REQUIREMENTS, SCHEDULING APPOINTMENTS (cont.)

the Participant is attending, which means meeting on a periodic basis of at least once a year a consistent standard based on written policy developed by the institution or program, and approved by the Maine Department of Education and ASPIRE.

PARTICIPATION, PARTICIPANT PERFORMANCE REQUIREMENTS, PARTICIPANT SATISFACTORY PROGRESS, PROGRAM PERFORMANCE REQUIREMENTS, SCHEDULING APPOINTMENTS (cont.)

4. For Participants attending post-secondary programs, including the Parents as Scholars program, satisfactory progress will include, at a minimum, the Participant maintaining a 2.0 grade point average (or its equivalent). If a Participant's semester (or its equivalent) or overall grade point average falls below 2.0, a maximum of one probationary semester (or its equivalent) will be permitted to allow the Participant the opportunity to meet the 2.0 grade point average.

5. The Participant shall provide to the Department or their Agent the following:

a. A copy of each class schedule, as it becomes available;

b. A copy of the student financial aid award letter, as it becomes available;

c. Copies of progress reports, such as grades, as they become available; and

d. Verification of hours of attendance.

6. If additional satisfactory progress standards are required by the institution, program, training or work site, or by ASPIRE/PaS, then these will be incorporated into the Participant’s written FCA. See Section 7, “Family Contract Amendment,” for further information.

B. Failure of the Participant to meet satisfactory progress requirements will result in the withdrawal of support for the activity and application of sanctions unless there is Good Cause for failing to meet the requirements.

IV. PROGRAM PERFORMANCE REQUIREMENTS

A. Mandatory ASPIRE program performance for all TANF families.

1. Federal law sets forth work requirements for all TANF families. These include the hours per week that must be worked and the percentage of the overall TANF caseload that the ASPIRE Program must place in work activities

f sanctions unless there is Good Cause for failing to meet the requirements.

IV. PROGRAM PERFORMANCE REQUIREMENTS

A. Mandatory ASPIRE program performance for all TANF families.

Fifty percent (50%) of all TANF families must participate in countable work activities, at least, an average of 30 hours each week.

PARTICIPATION, PARTICIPANT PERFORMANCE REQUIREMENTS, PARTICIPANT SATISFACTORY PROGRESS, PROGRAM PERFORMANCE REQUIREMENTS, SCHEDULING APPOINTMENTS (cont.)

2. The number of hours a TANF recipient is considered participating includes only the time involved in actual scheduled program activities, and not the time spent in traveling to and from the activity, nor the time spent in traveling to and from the child care provider.

3. Allowable ASPIRE Program work activities to be counted toward hours of work requirement participation and participation rates for all TANF families are as follows:

a. Countable toward the first 20 hours of participation each week are:

Unsubsidized Employment – includes “Paid Employment”, Self-Employment, On-the-Job-Training, Work Study, ASPIRE Child Care Employment, and Apprenticeship.

Subsidized Employment.

Work Experience – includes Field Training (skills).

On-the-Job-Training – On –the-Job-Training is considered to be Unsubsidized Employment.

Job Search and Job Readiness (6 weeks in any 12-month period – 12 weeks in any 12-month period for States with Needy State status) – Job Search and Job readiness activities include Individual Job Search, Group Job Search, Pre-Vocational (ASPIRE), Pre-Vocation (referred), Substance Use Disorder/Behavioral Health Treatment, Field Training (readiness), Placement Assistance, and Job Development.

Community Service Programs – Activities include TEMP, and Volunteering

weeks in any 12-month period for States with Needy State status) – Job Search and Job readiness activities include Individual Job Search, Group Job Search, Pre-Vocational (ASPIRE), Pre-Vocation (referred), Substance Use Disorder/Behavioral Health Treatment, Field Training (readiness), Placement Assistance, and Job Development.

Community Service Programs – Activities include TEMP, and Volunteering.

Providing Child Care Services to an Individual Who is Participating in a community service program.

PARTICIPATION, PARTICIPANT PERFORMANCE REQUIREMENTS, PARTICIPANT SATISFACTORY PROGRESS, PROGRAM PERFORMANCE REQUIREMENTS, SCHEDULING APPOINTMENTS (cont.)

Vocational Educational Training – Activities include Associate’s Degree (PaS), BA/BS Degree (PaS), College Courses, Community College Degree (PaS), Community College Certificate, Community College Courses, High School Equivalency (HSE) programs, Adult Basic Education (ABE), English for Speakers of Other Languages (ESOL), Employer Sponsored Training, and Technical/Trades Courses. Three hours of study time will be counted toward participation for every verified hour of classroom participation.

b. Countable after the first twenty (20) hours of participation each week:

All activities listed in Section 3(IV)(A)(3)(a), plus

Job Skills Training Directly Related to Employment – Activities include all activities listed in Vocational Educational Training.

B. Mandatory ASPIRE Program Performance for Two Parent families receiving TANF

1. Federal law sets forth additional work requirements for parents in two parent families. Two parent families are defined as TANF families with 2 or more Work Eligible Individuals. These include the hours per week that must be worked, or hours involved in work activities, and the percentage of the two parent population that the ASPIRE Program must place in work activities

families receiving TANF

Ninety percent (90%) of TANF 2-Parent families must be participating in work activities an average of 35 hours each week or 55 hours each week, if child care is a provided service.

2. Allowable ASPIRE Program activities to be counted toward hours of work requirement participation and participation rates for parents in two parent families are as follows:

a. Countable toward the first thirty (30) hours of participation each week: Unsubsidized Employment – includes “Paid Employment”, Self-Employment, On-the-Job-Training, Work Study, ASPIRE Child Care Employment, and Apprenticeship.

PARTICIPATION, PARTICIPANT PERFORMANCE REQUIREMENTS, PARTICIPANT SATISFACTORY PROGRESS, PROGRAM PERFORMANCE REQUIREMENTS, SCHEDULING APPOINTMENTS (cont.)

Subsidized Employment.

Work Experience – included Field Training (skills).

On-the-Job-Training – On-the-Job-Training is considered to be Unsubsidized Employment.

Job Search and Job Readiness (6 weeks in any 12-month period – 12 weeks in any 12-month period for States with Needy State status) – Job Search and Job Readiness activities include Individual Job Search, Group Job Search, Pre-Vocational (ASPIRE), Pre-Vocational (referred), Substance Abuse/Mental Health Treatment, Field Training (readiness), Placement Assistance, and Job Development.

Community Service Programs – Activities include TEMP, and Volunteering.

Providing Child Care Services to an Individual Who is Participating in a Community Service Program

iness activities include Individual Job Search, Group Job Search, Pre-Vocational (ASPIRE), Pre-Vocational (referred), Substance Abuse/Mental Health Treatment, Field Training (readiness), Placement Assistance, and Job Development.

Community Service Programs – Activities include TEMP, and Volunteering.

Providing Child Care Services to an Individual Who is Participating in a Community Service Program.

b. Countable after the first thirty (30) hours of participation each week:

All activities listed in Section 3, (IV)(A)(3)(a); plus

Job Skills Training Directly Related to Employment – Activities include all activities listed in Vocational Education Training.

PARTICIPATION, PARTICIPANT PERFORMANCE REQUIREMENTS, PARTICIPANT SATISFACTORY PROGRESS, PROGRAM PERFORMANCE REQUIREMENTS, SCHEDULING APPOINTMENTS (cont.)

V. SCHEDULING PROCEDURES

A. FIRST APPOINTMENT FOLLOWING ORIENTATION TO CREATE FAMILY CONTRACT AMENDMENT (FCA) - ASPIRE will notify Participants in writing of the scheduled appointment for an Assessment. The notice will indicate the date and time of appointment, and will indicate the Participant’s rights and responsibilities on the reverse side. The letter will state that if unable to attend, the Participant must notify ASPIRE prior to the appointment date.

B. If the Participant fails to appear for the appointment, and fails to provide the ASPIRE office on or before the date of the appointment with Good Cause (as determined by ASPIRE), a Notice of Sanction will be sent to OFI to apply a sanction. Please see Section 4, III

e reverse side. The letter will state that if unable to attend, the Participant must notify ASPIRE prior to the appointment date.

C. SUBSEQUENT APPOINTMENTS - After the Participant's first amendment to the Family Contract, scheduling for additional appointments may be done either by placing the time and date of the appointment on the Family Contract Amendment, or by sending the Participant an appointment letter, or by orally scheduling the appointment. If a Participant cannot be reached to schedule a subsequent appointment, an appointment letter shall be mailed 10-days in advance of appointment date to provide adequate notice. If the Participant fails to appear for the appointment with ASPIRE, or with any of the service providers included in the FCA, and fails to provide the ASPIRE office on or before the date with Good Cause (as determined by ASPIRE), steps outlined in Section 3, sub-section V, B, will be followed.

CONFIDENTIALITY, PARTICIPANT’S RIGHTS AND RESPONSIBILITIES, GOOD CAUSE, FAIR HEARINGS, SANCTIONS, INTENTIONAL PROGRAM VIOLATIONS, OVERPAYMENT PROCEDURES

Summary: This Section summarizes Participants' rights and responsibilities including fair hearings, grievance procedures, and confidentiality. The Section also outlines Good Cause and sanctionable actions.

I. CONFIDENTIALITY

A. Release of information about a Participant to other Offices and Divisions within the Department of Health and Human Services or agencies under contract with ASPIRE, will be made only when such release is directly related to the administration of the ASPIRE activity for which information is needed

confidentiality. The Section also outlines Good Cause and sanctionable actions.

I. CONFIDENTIALITY

Release of information to entities, other than those within the Department or agencies under contract with ASPIRE regarding Participants will be made only upon receipt of written permission from the Participant affected. This general rule relating to release of information applies to all requests from outside of the Department including other governmental authorities (local, State and Federal), courts of law, and law enforcement agencies, except as provided in Section 4, Subsection I, B. No information will be given to an absent parent concerning a Participant without the written permission of said Participant.

In addition, when information is sought and the Participant's permission is furnished, ASPIRE will disclose only such information as is directly related to the administration of ASPIRE or the agency requesting the information.

B. Exceptions to the requirement of obtaining the Participant's written permission for release of information outside the Department are as follows:

1. In an emergency situation when the Participant's consent for release of information cannot be obtained, and ASPIRE decides it is in the best interest of the Participant to release the requested information, ASPIRE may release such information without written permission of the Participant, with approval of a supervisor or supervisor's designee. The Participant will be notified as soon as possible about the release and the reason for such release.

sent for release of information cannot be obtained, and ASPIRE decides it is in the best interest of the Participant to release the requested information, ASPIRE may release such information without written permission of the Participant, with approval of a supervisor or supervisor's designee. The Participant will be notified as soon as possible about the release and the reason for such release.

2. Release of information to employers may be made as part of a job development or ASPIRE-Plus/OJT contract development activity providing that activity is included in the Family Contract Amendment (FCA) which has been signed by the Participant.

CONFIDENTIALITY, PARTICIPANT’S RIGHTS AND RESPONSIBILITIES, GOOD CAUSE, FAIR HEARINGS, SANCTIONS, INTENTIONAL PROGRAM VIOLATIONS, OVERPAYMENT PROCEDURES (cont.)

3. If a subpoena or order is issued from a court for a case record, or for ASPIRE staff to testify concerning a Participant, ASPIRE will call the court's attention to statutory provisions and regulations against disclosure of information. The decision regarding release of information will reside with the presiding judge.

4. A Participant's current address only may be made available to Federal, State or local law enforcement officers if the officer furnishes ASPIRE with the Participant's name and demonstrates that:

a. The Participant is fleeing to avoid prosecution, or custody or confinement after conviction, under the laws of the place from which the individual flees, for a crime, or an attempt to commit a crime, which is a felony under the laws of the place from which the individual flees; or

b. The Participant is violating a condition of probation or parole imposed under Federal or State law; and

c. The location or apprehension of the Participant is within the officer's official duties; and

d. The request is made in proper exercise of those duties.

ees, for a crime, or an attempt to commit a crime, which is a felony under the laws of the place from which the individual flees; or

b. The Participant is violating a condition of probation or parole imposed under Federal or State law; and

c. The location or apprehension of the Participant is within the officer's official duties; and

d. The request is made in proper exercise of those duties.

5. In circumstances other than those covered in Section B, 4, when ASPIRE employees are asked by a law enforcement officer for the current address or other information regarding a Participant, the employee should State that ASPIRE has no legal authority to disclose the information; but that ASPIRE will contact the Participant and ask for permission to discuss the information, or to encourage the Participant to come forward.

C. With advance written notice a Participant, or a Participant's designated representative, may view the contents of the case record during normal business hours and on the premises where the case record is normally kept. Upon request, ASPIRE will provide photocopies or electronic documents of relevant portions of the case record for the Participant, or the designee.

Information contained in the case record and deemed confidential by law or regulation (see e.g. 7 C.F.R. 272.1(c)(3) for Participants concurrently participating in SNAP), must be removed, de-identified or deleted prior to the Participant viewing the record.

CONFIDENTIALITY, PARTICIPANT’S RIGHTS AND RESPONSIBILITIES, GOOD CAUSE, FAIR HEARINGS, SANCTIONS, INTENTIONAL PROGRAM VIOLATIONS, OVERPAYMENT PROCEDURES (cont.)

D. ASPIRE will take all necessary precautions to ensure that paper case records and other information regarding Participants are kept, when not in use, in filing cabinets or drawers out of public view. Case records may be viewed by supervised ASPIRE trainees or temporary employees who have signed a Statement informing them of their responsibilities to ensure client confidentiality.

RES (cont.)

II. PARTICIPANTS’ RIGHTS AND RESPONSIBILITIES

A. Participants will be notified orally of their rights and responsibilities at the time of the Assessment interview and when a sanctionable act is committed if ASPIRE is able to meet face-to-face with the Participant.

B. A Notice of Rights and Responsibilities will be printed on the reverse side of all correspondence sent to Participants as well as on the FCA and other ASPIRE documents signed by the Participant.

C. The Notice of Rights and Responsibilities will include a description of sanctions and Participant rights and responsibilities including fair hearings.

D. Federal law and regulations require that mandatory Participants who fail without Good Cause to comply with ASPIRE program rules be sanctioned for failure to comply. Failure of a mandatory ASPIRE recipient to attend ASPIRE appointments or to sign or abide by the terms of the FCA without Good Cause will result in termination of benefits to the individual until the failure to comply ceases or a new FCA or Department approved equivalent has been determined by the parties and signed. TANF cash assistance for the remainder of the eligible family members will continue, if they are otherwise eligible for TANF. Non-mandatory Participants who do not comply with ASPIRE program rules may have services and support withdrawn, but TANF and Supplemental Nutrition Assistance Program (SNAP) benefits will not be reduced.

E. Any Participant who has Good Cause for failure to comply with ASPIRE program rules as determined by ASPIRE will not be sanctioned.

rs will continue, if they are otherwise eligible for TANF. Non-mandatory Participants who do not comply with ASPIRE program rules may have services and support withdrawn, but TANF and Supplemental Nutrition Assistance Program (SNAP) benefits will not be reduced.

E. Any Participant who has Good Cause for failure to comply with ASPIRE program rules as determined by ASPIRE will not be sanctioned.

F. Participants who disagree with ASPIRE decisions have the right to an Administrative Hearing, sometimes referred to as a Fair Hearing (Section 4, IV).

G. The ASPIRE program is obligated by Federal regulations and State law to protect the basic rights and dignity of Participants by ensuring confidentiality of information concerning those Participants.

CONFIDENTIALITY, PARTICIPANT’S RIGHTS AND RESPONSIBILITIES, GOOD CAUSE, FAIR HEARINGS, SANCTIONS, INTENTIONAL PROGRAM VIOLATIONS, OVERPAYMENT PROCEDURES (cont.)

H. The Deficit Reduction Act of 2005 requires States to report actual, verified hours of activity of TANF recipients. ASPIRE Participants must provide verification of their hours of participation in ASPIRE activities.

III. GOOD CAUSE

A. Good Cause can be requested at any time. A finding of Good Cause allows the Participant to temporarily suspend compliance with ASPIRE rules and policies, including participation in a particular activity. It is the responsibility of the Participant to demonstrate to ASPIRE staff that Good Cause exists. ASPIRE staff will determine whether Good Cause exists based on the information and verification provided by the Participant. Please refer to the Maine Public Assistance Manual, 10-144 C.M.R. Ch. 331 for further information related to TANF eligibility.

B. Good Cause for failure to comply with ASPIRE rules is the following:

1. Illness or advanced age of the Participant, or illness or incapacity of a household member that requires the Participant to provide care in the home. Verification by an Acceptable Medical or Mental Health Source may be required.

sistance Manual, 10-144 C.M.R. Ch. 331 for further information related to TANF eligibility.

B. Good Cause for failure to comply with ASPIRE rules is the following:

2. Court-required appearance or incarceration.

3. A crisis, special circumstances, or other reason that the Department determines to be Good Cause that causes an individual to be absent from or discontinue a Department activity, about which the Department has been advised, including lack of transportation or childcare necessary for participation when the individual does not have a reasonable alternative to enable the individual to participate.

If an individual has access to transportation that is reasonable under the circumstances through any program at the Department, the individual is ineligible to receive Good Cause based on lack of transportation.

4. Inability to participate due to domestic violence when the individual is unable to participate because of physical injuries or the psychological effects of abuse; because of legal proceedings, counseling or other activities related to abuse; because the abuser actively interferes with the individual’s participation; because the location puts the individual at risk; or for other Good Cause related to domestic violence. Reasonable and verifiable evidence may include, but is not limited to, the following:

CONFIDENTIALITY, PARTICIPANT’S RIGHTS AND RESPONSIBILITIES, GOOD CAUSE, FAIR HEARINGS, SANCTIONS, INTENTIONAL PROGRAM VIOLATIONS, OVERPAYMENT PROCEDURES (cont.)

a. court, medical, law enforcement, child protective, social services, psychological or other records that establish that the individual has been the victim of domestic violence; or

b. sworn statements from persons other than the individual with knowledge of the circumstances affecting the individual;

SE, FAIR HEARINGS, SANCTIONS, INTENTIONAL PROGRAM VIOLATIONS, OVERPAYMENT PROCEDURES (cont.)

a. court, medical, law enforcement, child protective, social services, psychological or other records that establish that the individual has been the victim of domestic violence; or

b. sworn statements from persons other than the individual with knowledge of the circumstances affecting the individual;

c. a sworn statement from the applicant may be provided attesting to the circumstances that make the individual unable to participate in program requirements;

d. a Department issued form may be completed and signed, attesting to the circumstances that make the individual unable to participate in program requirements. Supporting documentation may be required if articulable doubt exists regarding the credibility of the provided self-attested statement or forms; or

e. visual observation by ASPIRE staff of physical injuries.

C. Good Cause for failure to accept employment or for quitting employment includes those items listed in Section III, (B), and the following:

1. The employment does not pay at least the Maine minimum wage.

2. The employment is dangerous to health or safety.

3. Daily commuting time or daily distance is more than a two hour round trip commute from the Participant's residence.

4. The Participant is not physically and/or mentally able to do the job.

5. The Participant is required to join or quit a union.

6. There is a legal strike or lock-out or other bona fide labor dispute at the work site.

7. The job or work hours interfere with the Participant's religious beliefs.

8. Community resources (e.g., transportation and child care) necessary for participation in employment are not available.

9. The employment offered interrupts a program in progress under an approved FCA.

10. The Participant is laid off and job-attached as defined by Unemployment Insurance law

dispute at the work site.

7. The job or work hours interfere with the Participant's religious beliefs.

8. Community resources (e.g., transportation and child care) necessary for participation in employment are not available.

9. The employment offered interrupts a program in progress under an approved FCA.

10. The Participant is laid off and job-attached as defined by Unemployment Insurance law.

CONFIDENTIALITY, PARTICIPANT’S RIGHTS AND RESPONSIBILITIES, GOOD CAUSE, FAIR HEARINGS, SANCTIONS, INTENTIONAL PROGRAM VIOLATIONS, OVERPAYMENT PROCEDURES (cont.)

D. Good Cause Procedure:

When a Participant is notified that they failed to comply with ASPIRE rules and they claim, either orally or in writing, within five working days of receiving the notification, that they have Good Cause, the Department or the Department’s representative shall determine whether Good Cause is immediately evident and granted. If not, the Department or Department’s representative shall offer to meet with the Participant. When requesting Good Cause a Participant is not required to utilize the term “Good Cause.”

The Department or the Department’s representative will schedule a meeting with the Participant. A meeting will be scheduled by:

1. The Department or the Department’s representative contacting the Participant by phone and agreeing on a location, date and time which is at least five days from the date of the phone contact; or

2. A written scheduling notice sent to the Participant when phone attempts for scheduling are unsuccessful. A written scheduling notice will be sent to the Participant a minimum of seven calendar days prior to the meeting date.

3. The meeting may be conducted by phone, as scheduled a minimum of five days in advance.

E. Meeting Requirements:

1. The Department or Department’s representative will:

a. Present a notice describing Good Cause and the Participant’s rights to request Good Cause; and

ccessful. A written scheduling notice will be sent to the Participant a minimum of seven calendar days prior to the meeting date.

3. The meeting may be conducted by phone, as scheduled a minimum of five days in advance.

E. Meeting Requirements:

1. The Department or Department’s representative will:

a. Present a notice describing Good Cause and the Participant’s rights to request Good Cause; and

b. Verbally explain to the Participant the reasons for which Good Cause may be granted and the Participant’s right to apply for Good Cause verbally or in writing; and

c. Provide an opportunity for the Participant to request Good Cause either wholly or in part.

2. The Department or Department’s representative will make a written record of the meeting including documenting that the Participant was given the notice describing Good Cause, the opportunity to request Good Cause and the Participant’s reason for requesting Good Cause.

CONFIDENTIALITY, PARTICIPANT’S RIGHTS AND RESPONSIBILITIES, GOOD CAUSE, FAIR HEARINGS, SANCTIONS, INTENTIONAL PROGRAM VIOLATIONS, OVERPAYMENT PROCEDURES (cont.)

F. Meeting Result:

1. The Department’s representative shall make a recommendation on the Participant’s request for Good Cause, including the basis for the recommendation, in writing.

2. The Department shall issue a final determination notice approving or denying, wholly or in part, the Participant’s request for Good Cause. This notice will include the reasons for the Good Cause decision and the Participant’s right to a fair hearing.

3. The Department may deny Good Cause if the Participant fails to attend the scheduled meeting under Section E. above.

IV. FAIR HEARINGS

under Section E. above.

IV. FAIR HEARINGS

A. A Participant may dispute any ASPIRE decision, including but not limited to, those involving the ASPIRE FCA including suspension, reduction, overpayment, or the discontinuation of program services, including support services and Parent as Scholars (PaS), or the allegation by ASPIRE that an act of non-compliance or a sanctionable act has been committed. Participants have the right to a fair hearing, provided the request for a fair hearing is made timely (see IV(B)). ASPIRE or OFI eligibility staff will complete the fair hearing request on behalf of the Participant and forward it to the Division of Administrative Hearings. See 10-144 C.M.R. Ch. 331, Maine Public Assistance Manual, Chapter VI, for additional information on Fair Hearings and Administrative Hearings.

B. The request for a fair hearing must be made within thirty calendar days of the communication of the disputed decision. ASPIRE or its Agent must document the time, date, and method of communication at the time each fair hearing request is made and will be recorded in the Participant’s case file. If the disputed decision involves suspension or termination of ASPIRE services that have been previously granted, or a reduction of TANF benefits, and the Participant requests a fair hearing within 10 days of the notice, ASPIRE services and/or TANF benefits will continue, pending the outcome of the fair hearing.

C. ASPIRE will offer to assist the Participant in contacting free legal counsel and will otherwise assist the Participant in preparing for the fair hearing as may be necessary.

D. Either the Department or the Participant may request a pre-hearing conference as outlined in 10-144 C.M.R. ch. 1, § VI(G)-(H).

CONFIDENTIALITY, PARTICIPANT’S RIGHTS AND RESPONSIBILITIES, GOOD CAUSE, FAIR HEARINGS, SANCTIONS, INTENTIONAL PROGRAM VIOLATIONS, OVERPAYMENT PROCEDURES (cont.)

E. At the fair hearing, the Participant has the right to:

1. be assisted by a representative of the Participant’s choice;

artment or the Participant may request a pre-hearing conference as outlined in 10-144 C.M.R. ch. 1, § VI(G)-(H).

CONFIDENTIALITY, PARTICIPANT’S RIGHTS AND RESPONSIBILITIES, GOOD CAUSE, FAIR HEARINGS, SANCTIONS, INTENTIONAL PROGRAM VIOLATIONS, OVERPAYMENT PROCEDURES (cont.)

E. At the fair hearing, the Participant has the right to:

1. be assisted by a representative of the Participant’s choice;

2. present witnesses;

3. examine and introduce evidence from the case record, and examine and introduce any other pertinent Department documents;

4. present and establish all relevant facts and circumstances by oral testimony and documentary evidence;

5. advance any pertinent arguments without undue interference;

6. question any testimony, and confront and cross-examine adverse witnesses.

V. SANCTIONABLE ACTS

A. TANF recipients are expected to enroll and participate in ASPIRE activities, and every effort will be made to encourage the cooperative participation by both mandatory and voluntary Participants.

When a Participant fails to participate, as required by ASPIRE rules, a sanction may occur.

B. A sanctionable act is one which can result in the loss of TANF benefits for a period in accordance with OFI eligibility rules. The following will be considered sanctionable acts unless Good Cause is established:

1. Failure or refusal to keep an initial Assessment appointment. The Participant will receive the Assessment appointment scheduling information in writing.

2. Failure or refusal to keep additional appointments required by ASPIRE, scheduled either by including appointment details on the FCA, by a written appointment letter, or by scheduling the appointment verbally.

3. Failure or refusal to sign or abide by the provisions of the Family Contract (FC), FCA, Training Agreement, or Work Site Agreement, or failure or refusal to abide by performance or satisfactory progress standards listed in a FCA, Training Agreement, or Work Site Agreement.

y including appointment details on the FCA, by a written appointment letter, or by scheduling the appointment verbally.

4. Seriously disrupting an ASPIRE activity, including employment, or behaving in a manner which constitutes a threat, hazard or risk to others, including an activity site agency or business.

CONFIDENTIALITY, PARTICIPANT’S RIGHTS AND RESPONSIBILITIES, GOOD CAUSE, FAIR HEARINGS, SANCTIONS, INTENTIONAL PROGRAM VIOLATIONS, OVERPAYMENT PROCEDURES (cont.)

5. Failure or refusal to report to an employer when referred; make application or accept suitable employment; voluntarily quitting a job or reducing wages without Good Cause; or being discharged for misconduct (refer to Section 4, (III)(C) for Good Cause reasons).

OFI may not sanction a single custodial parent with a child under age 6 based on the parent's refusal to engage in required work if she or he demonstrates an inability to obtain needed child care which is appropriate, affordable, and suitable.

VI. SANCTIONING PROCEDURES

A. Prior to imposing a sanction against an individual, ASPIRE must complete a sanction determination process, which includes the following:

1. Thoroughly review the circumstances of the individual.

2. Make a sanction recommendation.

3. Obtain supervisory approval of the recommendation of the ASPIRE Specialist to begin the sanction process.

4. A notice of noncompliance will be completed by ASPIRE staff and will be forwarded to the appropriate workers for initiating the sanction process.

5. The sanction process will be initiated according to the Maine Public Assistance Manual, 10-144 C.M.R. Ch. 331, Chapter II

ecommendation.

3. Obtain supervisory approval of the recommendation of the ASPIRE Specialist to begin the sanction process.

4. A notice of noncompliance will be completed by ASPIRE staff and will be forwarded to the appropriate workers for initiating the sanction process.

5. The sanction process will be initiated according to the Maine Public Assistance Manual, 10-144 C.M.R. Ch. 331, Chapter II. The sanction will take effect no sooner than 12 workdays from the date of the notice of decision set forth in Section 4, VI(A)(6), below.

6. The individual will receive a notice of decision that states the basis for the sanction, including the appropriate ASPIRE rule citations and the right to appeal the decision, and a complete list of Good Cause reasons as set forth in 22 M.R.S. §3785.

CONFIDENTIALITY, PARTICIPANT’S RIGHTS AND RESPONSIBILITIES, GOOD CAUSE, FAIR HEARINGS, SANCTIONS, INTENTIONAL PROGRAM VIOLATIONS, OVERPAYMENT PROCEDURES (cont.)

7. The Participant will have 10 workdays from the date of the notice of decision to respond to the notice to the caseworker by:

a. disputing the allegations;

b. providing information showing Good Cause;

c. taking the necessary steps to stop the sanction process, such as completing the requirement that caused the sanction process to be initiated; or

d. appealing the notice of decision:

(i) if the appeal is requested within 10 workdays from the date of the notice, benefits stay open.

the notice to the caseworker by:

a. disputing the allegations;

b. providing information showing Good Cause;

c. taking the necessary steps to stop the sanction process, such as completing the requirement that caused the sanction process to be initiated; or

d. appealing the notice of decision:

(i) if the appeal is requested within 10 workdays from the date of the notice, benefits stay open.

(ii) if the appeal is after 10 workdays from the date of the notice, but within 30, benefits will close in the same manner as described in the notice of decision.

8. A supervisor shall stop the sanction process if:

a. factual allegations giving rise to the initiation of the sanction process are proven incorrect, per Section 4, VI(A)(7)(a);

b. Good Cause has been verified; or

c. the necessary steps have been taken to stop the sanction process.

9. If a supervisor finds Good Cause, they shall offer reasonable alternative participation requirements, and document them in the Participant’s FCA and case record.

10. OFI shall provide the Participant written notification of the decision made by ASPIRE-TANF staff concerning a claim made pursuant to Section 4, VI(A)(7)(a) or (b).

11. If the Hearing Officer rules that a sanction has been imposed in error, the Department will correct the error and remedy the case by restoring appropriate benefits, per the Maine Public Assistance Manual, 10-144 C.M.R. Ch. 331.

CONFIDENTIALITY, PARTICIPANT’S RIGHTS AND RESPONSIBILITIES, GOOD CAUSE, FAIR HEARINGS, SANCTIONS, INTENTIONAL PROGRAM VIOLATIONS, OVERPAYMENT PROCEDURES (cont.)

B. OFI shall maintain data on sanctions, including the number of sanctions recommended and results of supervisory reviews.

VII. OVERPAYMENT PROCEDURES

A. When a support service (e.g., child care, transportation, auto repairs, etc.) payment amount is determined to be incorrect as a result of an agency, vendor, provider, or Participant error, or false information presented by the Participant or another relevant party, then an overpayment must be calculated.

of sanctions recommended and results of supervisory reviews.

VII. OVERPAYMENT PROCEDURES

B. A member of the ASPIRE unit will contact the Department’s Agent, if applicable, to seek receipts or other information about the overpayment. If no receipt is found in the Agent’s records, the ASPIRE unit will contact the Participant or relevant party in writing regarding the overpayment.

C. A member of the ASPIRE unit will contact the Participant or relevant party in writing regarding the overpayment. The Participant or relevant party will have 10 days from the mailing date to respond. The Participant or relevant party will be notified in writing of the right to an Administrative Hearing.

D. If the Participant or relevant party fails to respond to the letter about the overpayment, or if following a response the member of the ASPIRE unit determines that the overpayment exists, the overpayment will be processed.

E. If an overpayment is established on either a Participant or a vendor, OFI will refer the case to the OFI overpayment unit for action. The recoupment amount is calculated according to the Maine Public Assistance Manual, 10-144 C.M.R. Ch. 331, Ch. VI.

F. If an overpayment is made directly to a provider, it will not be the responsibility of the Participant. The overpayment will be recovered from the vendor.

CONFIDENTIALITY, PARTICIPANT’S RIGHTS AND RESPONSIBILITIES, GOOD CAUSE, FAIR HEARINGS, SANCTIONS, INTENTIONAL PROGRAM VIOLATIONS, OVERPAYMENT PROCEDURES (cont.)

VIII

rding to the Maine Public Assistance Manual, 10-144 C.M.R. Ch. 331, Ch. VI.

F. If an overpayment is made directly to a provider, it will not be the responsibility of the Participant. The overpayment will be recovered from the vendor.

CONFIDENTIALITY, PARTICIPANT’S RIGHTS AND RESPONSIBILITIES, GOOD CAUSE, FAIR HEARINGS, SANCTIONS, INTENTIONAL PROGRAM VIOLATIONS, OVERPAYMENT PROCEDURES (cont.)

VIII. INTENTIONAL PROGRAM VIOLATION

Intentional program violations (IPVs) If the Overpayment Specialist determines that an action taken by a Participant (such as submitting false bills for payment) is taken with the intention of receiving financial assistance to which the individual is not entitled; or an action is taken by a vendor or provider to mislead or misrepresent the services provided or fees; the Overpayment Specialist, in collaboration with the Fraud, Investigation and Recovery Unit (FIRU), will review the information and decide what further action is necessary. If warranted (according to the rules as set forth in the Maine Public Assistance Manual, 10-144 C.M.R. Ch. 331, Chapter VI), the appropriate Department personnel will be available to assist and participate in an investigation or hearing as needed.

Restrictions on the use of the EBT system (See Maine Public Assistance Manual, 10-144 C.M.R. Ch. 331, Chapter VI Administrative Procedures; Section - Electronic Benefits Transfer (EBT) System). Unauthorized spending of benefits will result in an Intentional Program Violation (IPV) and, when discovered, a referral will be made to the Fraud, Investigation and Recovery Unit (FIRU) for further review and recovery. This includes the intentional misuse of ASPIRE support service benefits.

WORK EVALUATION PROCESS

Summary: This Section describes the parts of the Work Evaluation, which is the period of time, not to exceed 90 days, during which recipients complete the orientation process, complete an initial Assessment, are informed of their rights and responsibilities, and amend the initial Family Contract.

ry. This includes the intentional misuse of ASPIRE support service benefits.

WORK EVALUATION PROCESS

I. GENERAL PROVISIONS

A. Each TANF recipient who is mandated to participate, or volunteers to participate, in the ASPIRE Program will complete an Assessment which will be part of the Work Evaluation to determine the services required to meet the employment goal that is mutually agreed upon by ASPIRE staff and the Participant.

B. Information gleaned in the initial Assessment shall be continually enhanced with regular updates and reviews that allow case managers and Participants to monitor progress and note goal attainment.

C. It is during the Work Evaluation that a determination of eligibility for the Parents as Scholars (PaS) program is completed (It is important to note that application for the PaS program can occur at any point during participation in ASPIRE). See Section 16 for further information about the PaS program.

D. During the Assessment process, information will be gathered from the Participant that will include, but will not necessarily be limited to, the list below. The Department recognizes that some of the topics listed below are sensitive, may trigger emotional responses, and may be difficult to discuss with a case manager. A Participant may opt to pass on providing that information. A decision not to communicate this information does not preclude a Participant from raising it as Good Cause at a later time.

1. Family structure, including numbers and ages of children, other dependents (in and out of household), and significant others (in and out of household).

2. Work history, both paid and unpaid (volunteer and community service).

opt to pass on providing that information. A decision not to communicate this information does not preclude a Participant from raising it as Good Cause at a later time.

1. Family structure, including numbers and ages of children, other dependents (in and out of household), and significant others (in and out of household).

2. Work history, both paid and unpaid (volunteer and community service).

3. Education levels completed, including the types of courses and institutions attended, trainings, and credentials earned in another country.

4. Financial status, including all source of income, expenditures, and projected need.

5. Cultural heritage, including family and religious traditions followed or observed.

6. Primary and other languages spoken, including fluency and literacy levels in each language.

7. History of trauma or domestic violence for any members of the household.

WORK EVALUATION PROCESS (cont.)

8. Behavioral and mental health status of the Participant and household members, including information regarding substance use disorders and any mental illness, diagnosed or otherwise; and access to related services.

9. Physical health and any physical, intellectual, and developmental disabilities for all members of the household, and access to related services.

10. Environmental support systems, including the housing situation, child care arrangements, and transportation.

11. Personal and employment related goals and interests.

12. ASPIRE Services necessary to obtain sustainable employment.

13. Challenges to employment, including physical, behavioral, emotional, and mental health issues; domestic violence indicators; substance use disorder; cultural and linguistic differences; and other challenges that need to be overcome to achieve self-sufficiency.

E. If Good Cause for non-participation is found during the Assessment process, it will be

documented in the Participant's case record

E. If Good Cause for non-participation is found during the Assessment process, it will be

documented in the Participant's case record. Review of Good Cause circumstances will occur at least every three (3) months or according to timelines established by supporting documentation, whichever comes first.

II. PROCEDURES

A. During the Assessment, information obtained from the ASPIRE Participant during interview(s) and from other sources will be expanded upon. In addition, the following information stemming from the topics above should be discussed further:

1. The Participant's reaction to employment experiences, if any.

2. The Participant's reaction to educational experiences.

3. Whether there is an emotional and environmental support system and whether it is adequate.

4. Community and family resources available to the Participant.

5. The Participant's behavioral patterns.

6. The Participant's life management skills (e.g. parenting skills, budgeting, health care, etc.). Community referrals will be made as needed where resources are reasonably available.

7. The Participant's decision-making skills.

8. Substance use issues as appropriate. Referrals for evaluation may be made.

WORK EVALUATION PROCESS (cont.)

9. The Participant's motivation level and whether goals are achievable, and whether the goals and interests will lead to employment or self-employment.

10. Achievement level (knowledge, skills and abilities).

11. Aptitude level.

achievable, and whether the goals and interests will lead to employment or self-employment.

10. Achievement level (knowledge, skills and abilities).

11. Aptitude level.

12. ASPIRE will provide all applicants for assistance with information both orally and in writing of the availability of services for victims of domestic violence and of the Good Cause determination for victims of domestic violence. If an applicant requests a Good Cause determination, ASPIRE will promptly determine whether the applicant qualifies for Good Cause. An individual may not be required to participate in any TANF activity including orientation until the Good Cause determination is made. When a determination of Good Cause is made, the ASPIRE program may contact the individual and offer domestic violence victim services or other appropriate services on a voluntary basis.

B. Methods of obtaining specific data are dependent on the availability of information. Any existing information will be used for the Assessment before consideration is given to additional testing. The ASPIRE unit will make the final determination of the method or methods to be used, which are described as follows:

1. Achievement Level

a. Achievement test results from any organization or agency, public or private (e.g. school records).

b. Work history with task analysis.

c. Grade Point Average from a post-secondary institution.

d. Achievement test normed for the appropriate population.

2. Aptitude Level

a. Aptitude test results from any organization or agency, public or private (e.g. school records).

b. Work history with task analysis.

c. Grade Point Average from a post-secondary institution.

d. Aptitude tests normed for the appropriate population.

WORK EVALUATION PROCESS (cont.)

3. Interest Level

a. Participant's stated interest.

b. Work history and educational history consistent with stated goal.

c. Interest test results from another organization or agency (e.g., school records).

d. Interest tests normed for the appropriate population.

int Average from a post-secondary institution.

d. Aptitude tests normed for the appropriate population.

WORK EVALUATION PROCESS (cont.)

3. Interest Level

a. Participant's stated interest.

b. Work history and educational history consistent with stated goal.

c. Interest test results from another organization or agency (e.g., school records).

d. Interest tests normed for the appropriate population.

e. Resource Calculator will be available to compare different occupations when evaluating and planning the economic benefits of short- and long-term educational programs and employment.

f. Discussions of Stackable Credentials to determine incremental progress towards long-term goal.

g. A vocational evaluation will follow the Assessment at the point that the Participant is ready to establish an employment goal. The vocational evaluation will include:

1. an analysis of the employment goal as it relates to the financial needs of the Participant following employment;

2. a determination of how the training relates to a Participant's vocational interests and occupational aptitudes based on any combination of the following: volunteer work, work history, informational interviews or field training;

3. a determination as to whether there is a reasonable expectation of employment upon completion of training; and

4. estimated employment and training costs to ASPIRE.

CASE MANAGEMENT

Summary: This Section describes Case Management, which is an on-going, interactive process between the Participant and ASPIRE. Case Management includes, but is not limited to, identifying the unmet needs of the Participant and the family; identifying the appropriate services to meet those needs; and providing the assistance, coordination, and advocacy necessary to ensure access to those services. The goal is for the Participant to obtain the skills and support necessary to become employed

tween the Participant and ASPIRE. Case Management includes, but is not limited to, identifying the unmet needs of the Participant and the family; identifying the appropriate services to meet those needs; and providing the assistance, coordination, and advocacy necessary to ensure access to those services. The goal is for the Participant to obtain the skills and support necessary to become employed. Case Management includes counseling the Participant regarding employability, brokering of support services, advocating for the Participant and monitoring, evaluating and documenting the Participant's progress in order to assist the Participant to meet the mandated work requirement and to obtain the skills and support needed to maintain and retain employment.

I. GENERAL PROVISIONS

A. Each ASPIRE Participant will be provided a case manager.

B. The case manager and Participant relationship within ASPIRE is primary and essential.

C. The extent of the case manager's involvement is dependent on the Participant's needs.

D. The case manager monitors each ASPIRE Participant’s compliance with work requirements.

E. The case manager utilizes best practices, including Two-Generational Services and Wraparound Case Management service approaches.

F. The case managers will coordinate, collaborate, and utilize existing, available State and community resources, including, but not limited to, those resources authorized under the Workforce, Innovation and Opportunity Act (WIOA).

II. FUNCTIONS

ASPIRE Case Management is comprised of the following functions:

1. Evaluating and determining ASPIRE Participants’ strengths, skills, aptitude, and experience.

2. Evaluating and determining ASPIRE Participant’s unmet needs.

3. Prioritizing the Participant's unmet needs in order to assist the Participant in obtaining employment as quickly as possible.

4. Assisting Participants in making informed choices.

5. Developing Participant-centered employment plans based on Assessment information

ing ASPIRE Participants’ strengths, skills, aptitude, and experience.

2. Evaluating and determining ASPIRE Participant’s unmet needs.

3. Prioritizing the Participant's unmet needs in order to assist the Participant in obtaining employment as quickly as possible.

4. Assisting Participants in making informed choices.

5. Developing Participant-centered employment plans based on Assessment information.

MAINE DEPARTMENT OF HEALTH AND HUMAN SERVICES

OFFICE FOR FAMILY INDEPENDENCE

ASPIRE PROGRAM RULE

CASE MANAGEMENT

Rev. 03/26 – ASPIRE 29A Section 6

Page 2

CASE MANAGEMENT (cont.)

6. Writing Family Contract Amendments (FCAs), also known as Employment Plans or Career Plans, that bind both the Department and the Participant to the actions in the contract.

7. Identifying and referring the Participants to available resources (both within and outside the Department) to assist them in meeting their unmet needs.

8. Evaluating the effectiveness of the Participant's resources.

9. Advocating for the Participant with resource providers (both within and outside the Department) to address unmet needs.

10. Monitoring, evaluating and documenting the Participant's progress during their enrollment in ASPIRE.

11. Authorizing expenditures of State and Federal funds on behalf of the Participant consistent with ASPIRE rules.

12. Maintaining Participant confidentiality at all times.

13. Ensuring all ASPIRE Participants receive financial literacy instruction, including information regarding Family Development Accounts (FDAs).

14. Utilizing Restorative Approaches.

FAMILY CONTRACT AMENDMENT (FCA)

Summary: This Section describes the Family Contract Amendment (FCA), which is a short-term, contractual plan indicating specific steps to be taken by both ASPIRE and the Participant to reach an interim goal or goals which lead to employment. The FCA is also referred to as an Employment Plan (EP) or a Career Plan (CP).

I. GENERAL PROVISIONS

A. The initial FCA, and any subsequent FCA, can be written for a maximum of 6 months

ibes the Family Contract Amendment (FCA), which is a short-term, contractual plan indicating specific steps to be taken by both ASPIRE and the Participant to reach an interim goal or goals which lead to employment. The FCA is also referred to as an Employment Plan (EP) or a Career Plan (CP).

I. GENERAL PROVISIONS

A. The initial FCA, and any subsequent FCA, can be written for a maximum of 6 months. The FCA lists interim goals necessary to reach the long-term goal of employment. The FCA shall list specific actions to be taken by both ASPIRE and the Participant. The FCA is a contract between ASPIRE and the Participant, requiring both parties to complete their obligations. The FCA and the services authorized will be binding on ASPIRE as long as the Participant is meeting obligations, activities outlined in the contract, applicable state and federal regulations, and there is sufficient funding to continue the FCA. Each FCA shall include a list of all support services typically offered as tools to support completion of the activities outlined in the FCA. Participants are potentially eligible for support services, provided that they meet the requirements contained in this Section and Section 14 of the ASPIRE Program Rules, and the activities and requirements in the FCA. The contents of the FCA are in agreement with ASPIRE rules, policies, and procedures in effect at the time the contract is written. If the Participant is meeting obligations and all parties agree, the FCA can be revised.

B. A Participant may request a new FCA at any time, in person or electronically. If the Participant’s request for a new FCA is denied, the Participant must be notified of the reason for the denial and notice of the right to a fair hearing. The services provided by ASPIRE are those that will lead to sustainable employment, and possible penalties for failing to comply with ASPIRE Program rules must be explained to Participants

a new FCA at any time, in person or electronically. If the Participant’s request for a new FCA is denied, the Participant must be notified of the reason for the denial and notice of the right to a fair hearing. The services provided by ASPIRE are those that will lead to sustainable employment, and possible penalties for failing to comply with ASPIRE Program rules must be explained to Participants. The final determination as to the content of the FCA will be decided by the ASPIRE worker utilizing the Assessment process and, to the maximum extent possible, the preferences of the Participant.

C. If the TANF or PaS benefit closes while a valid FCA is in effect, the case will be referred and eligibility for transitional services will be determined for child care and transportation support services previously authorized under the valid FCA. The FCA will end on the last day of the month the final TANF or PaS benefit is received.

D. Any documented, substantiated evidence of misuse of funds, purchased goods and/or services on the part of the Participant will be grounds for termination of the most current FCA. Repayment or other suitable recovery procedures will be instituted to recover misspent funds (see Section 4(VIII)).

E. The FCA will reflect the Participant's preferences and abilities to the extent that they conform to the goal of the ASPIRE program to help Participants gain employment, and to the extent that those preferences conform to any other applicable ASPIRE rules. Every effort will be made to reach agreement with the Participant on the content of the FCA.

FAMILY CONTRACT AMENDMENT (FCA) (cont.)

When such agreement cannot be reached, ASPIRE staff will determine the final content of the FCA. Participants who disagree with the content of the Family Contract will have the right to a fair hearing.

II. PROCEDURES

The initial Family Contract is completed at the time application for TANF or Parents as Scholars benefits is made.

the content of the FCA.

FAMILY CONTRACT AMENDMENT (FCA) (cont.)

II. PROCEDURES

The initial Family Contract is completed at the time application for TANF or Parents as Scholars benefits is made.

A. The FCA will be written and signed subsequent to the orientation meeting and initial Assessment. It will list an employment goal, an interim goal (e.g. job search, high school completion, skills training, etc.) and specific activities necessary for both ASPIRE and the Participant to reach this goal.

B. The FCA will be signed by the ASPIRE staff and the Participant. The Participant will receive a copy of each FCA. ASPIRE will provide each Participant the opportunity to disagree with the content of the FCA. A Participant disagreeing with the content of the FCA, may so indicate on the FCA, and may request a fair hearing. Even if the Participant disagrees with the content, the Participant must sign the FCA or be subject to sanction. Supports may not be issued without a signed contract, unless Good Cause is granted by the Office Director or designee.

C. The FCA will be limited to the time period necessary to reach the interim goal, not to exceed six months.

D. The FCA may take into account certain needs of the Participant's immediate family, including referral for counseling and other activities that involve no direct cost to ASPIRE.

E. ASPIRE-TANF will provide assistance as needed to the Participant to help understand the purpose and content of the FCA.

PRE-TRAINING ACTIVITIES AND PROCEDURES

Summary: This Section describes the pre-training component which consists of activities designed to prepare Participants for job skills training, post-secondary education, job search services, employment services, subsidized or unsubsidized employment, or self-employment.

I. GENERAL PROVISIONS

rticipant to help understand the purpose and content of the FCA.

PRE-TRAINING ACTIVITIES AND PROCEDURES

I. GENERAL PROVISIONS

A. Pre-training activities may include, but are not limited to, remedial and secondary education programs, job readiness training, employment and self-employment counseling, field training, and referral to services to improve life management skills, encourage personal responsibility and provide the needed foundation to engage in activities aimed at securing and maintaining employment.

B. When approved pre-training programs are available at comparable quality and cost, including the cost of support services, and the implementation of the Family Contract Amendment (FCA) would not be unreasonably delayed, the Participant may choose to enroll in the program with the provider of the Participant's choice. If the ASPIRE case manager and the Participant cannot mutually agree on the choice, then the decision will be made by the ASPIRE OFI Director or a designee.

II. PRE-TRAINING ACTIVITIES AND PROCEDURES

A. Employability Counseling - Employability counseling helps Participants make informed choices about personal issues, education, training and employment by interpreting data from assessments and providing information as to how that data relates to the Participant's needs, interests, strengths, available employment options and resources.

B. High School Diploma Programs - High School Diploma Programs are available through local area high schools, adult education and alternative education programs.

C. High School Equivalency Preparation and Training - High School Equivalency preparation and training is offered by local adult education programs, and other agencies.

, interests, strengths, available employment options and resources.

B. High School Diploma Programs - High School Diploma Programs are available through local area high schools, adult education and alternative education programs.

C. High School Equivalency Preparation and Training - High School Equivalency preparation and training is offered by local adult education programs, and other agencies.

D. Remedial Education - Remedial Education is individual or group training offered by local adult education programs, Literacy Volunteers and other agencies to assist the Participant in obtaining a basic literacy level of at least grade 8.9 or to fulfill labor market requirements necessary for the Participant to reach their goal. Remedial Education also provides training in English proficiency.

E. Job Readiness - Activities designed to prepare Participants for education, training and/or employment services. These activities include:

PRE-TRAINING ACTIVITIES AND PROCEDURES (cont.)

1. Life Management Skills - Life management skills activities include options such as budgeting of resources, driver's training, substance use disorder counseling, use of available resources, use of supportive services, personal counseling, self-esteem building, appropriate work habits, dealing with others in the work environment and interpersonal communications (e.g. active listening, how to ask questions, etc.). These services may be available to Participants in a variety of community-based settings and formats.

2. Work Readiness Activities - These activities include: job shadowing, job coaching, mentoring, situational assessment, and any other activity that will encourage obtaining or retaining employment.

3. The following pre-training activities are available to program Participants if reasonably available in the Participant’s area:

a. Family Planning: To assist the Participant in decision-making regarding future pregnancies. This service is typically provided through clinics, private practitioners, and hospitals.

ment, and any other activity that will encourage obtaining or retaining employment.

3. The following pre-training activities are available to program Participants if reasonably available in the Participant’s area:

a. Family Planning: To assist the Participant in decision-making regarding future pregnancies. This service is typically provided through clinics, private practitioners, and hospitals.

b. Health Care: Health Care referrals for Participant’s family members. This service is typically provided through clinics, private practitioners, and hospitals.

c. Parenting Education: To enable the Participant to maximize parenting skills. These services are typically provided in center-based, school-based and in-home settings.

FIELD TRAINING

Summary: This Section pertains to ASPIRE Field Training in both public and private training sites.

I. GENERAL PROVISIONS

A. Field Training is a training opportunity in either the public or private sector for a maximum of thirty (30) hours per week, not to exceed twenty-six (26) weeks per placement. The Participant is provided $2.00 per hour for training-related expenses in addition to the support services needed to complete the training (see Section 14 for further information about support services). Support services may be impacted by changes in the agreed upon activities.

B. The purpose of Field Training is to provide the Participant with on-site career exploration and experience, occupational skills, socialization to work, work maturity skills and family and work management skills.

C. Field Training is a component for Participants who:

1. Have little or no experience in a work place; or

2. Have a career goal in which they have limited or no experience.

D. Field Training sites receive no funds from the ASPIRE program for the Field Training placement.

ation and experience, occupational skills, socialization to work, work maturity skills and family and work management skills.

C. Field Training is a component for Participants who:

1. Have little or no experience in a work place; or

2. Have a career goal in which they have limited or no experience.

D. Field Training sites receive no funds from the ASPIRE program for the Field Training placement.

E. An ASPIRE Participant may participate in a new Field Training experience every 12 month period, as long as it is hosted by a different business sector and/or host site, which is reflected in the type of work conducted by the business or location of the host site.

F. All ASPIRE Field Training positions will comply with all relevant U.S. Department of Labor regulations and the following tenets:

1. The training, even though it includes the actual operation of the facilities of the employer, is similar to that which would be given in a vocational school;

2. The training is for the benefit of the Participant;

3. The Participant does not displace regular employees, but trains under close observation;

4. The employer that provides the training derives no immediate advantage from the activities of the Participant. On occasion operations may actually be impeded;

5. The Participant is not entitled to a job at the conclusion of the training period; however, if the training site does have job openings, the Participant will be interviewed and considered for hire.

FIELD TRAINING (cont.)

6. The employer and the Participant understand that the Participant is not entitled to wages or benefits such as Worker's Compensation, medical coverage, vacation or sick leave, etc. for the time spent in training.

II. FIELD TRAINING PROCEDURES

A. Unless the ASPIRE case manager, the Participant or the employer has demonstrated and documented to ASPIRE that it is in the best interest of the Participant, field placements will comprise no more than 10 percent of an employer's work force.

s or benefits such as Worker's Compensation, medical coverage, vacation or sick leave, etc. for the time spent in training.

II. FIELD TRAINING PROCEDURES

B. A Participant will not be placed in a training site that would be hazardous to health or safety. All sites must be in compliance with Equal Employment Opportunities (EEO) regulations as defined in 29 C.F.R. Parts 1600 through 1691.

C. No Field Training sites will be developed or utilized in an organization where there is a labor dispute or where the Field Training component would be in violation of a collective bargaining agreement.

D. Supervision must be provided to Field Training Participants for all hours at the training site by the employer or their designee.

E. A Field Training Agreement and a Training Description must be written for each Field Training assignment and signed by ASPIRE staff, the Participant and the Field Training site supervisor.

F. ASPIRE staff will monitor the progress of the Field Training Participant by visiting the training site and interviewing the supervisor and the Participant as often as is necessary to ensure compliance with all policies and procedures of the Field Training component.

G. The Training Site supervisor will maintain a written time and attendance record that will be signed by both the supervisor and the Participant. This time and attendance record will be provided to ASPIRE at least once every four (4) weeks.

H. If the Training Site has job openings in a similar field and with a similar schedule as the Field Training position, and the Field Training Participant is not hired for the openings two (2) times, the site will no longer be used by ASPIRE.

I. No organization, firm or industry in violation of local, State or Federal laws will be eligible to be a Field Training site

st once every four (4) weeks.

I. No organization, firm or industry in violation of local, State or Federal laws will be eligible to be a Field Training site.

J. ASPIRE or its Agent shall assess the Equal Employment Opportunity (EEO) and American with Disabilities Act (ADA) policies of the prospective Field Training sites to determine if the training will be conducted in a responsive setting and the Training Site is in compliance with EEO and ADA regulations.

FIELD TRAINING (cont.)

K. The Field Training Site must agree to maintain the confidentiality of any information regarding ASPIRE Participants or their immediate families, including information which may be obtained through interviews, tests, reports from public agencies or counselors, or any other source. Without the permission of the Participant, such information can be divulged only as necessary for purposes related to the performance or evaluation of the Field Training Agreement, and only to persons having responsibilities under the Agreement.

EDUCATION AND TRAINING

Summary: This Section pertains to ASPIRE education and training, including customized occupation classroom training, general skills training, and post-secondary education. The Parents as Scholars program is discussed in Section 16 of the ASPIRE Program Rules.

I. GENERAL PROVISIONS

A. Based on the Assessment, the Family Contract Amendment (FCA) will reflect the Participant's education and training needs, to obtain and retain sustainable employment.

B. ASPIRE will pay for services necessary to complete the FCA only when those services cannot be funded from other sources and only as long as funding is available for those services. ASPIRE will purchase the least expensive quality service necessary to meet the Participant's needs.

nt (FCA) will reflect the Participant's education and training needs, to obtain and retain sustainable employment.

C. When approved education and training programs are available at comparable quality and cost, including the cost of support services, and the implementation of the FCA would not be unreasonably delayed, the Participant may choose to enroll in the program with the provider of the Participant's choice. If the case manager and the Participant cannot agree on that choice, then the decision will be made by the ASPIRE case manager.

D. The Participant must have completed an ASPIRE Assessment and signed the FCA prior to entering education and training.

E. The Participant must meet performance requirements as set forward in Section 3 (IV).

II. TYPES OF EDUCATION

A. Customized Occupation Classroom Training - Training designed to meet a specific employer’s need, including classroom training and skills training at the work site.

B. Skills Training - Courses or classes in which the Participant receives instruction for specific skills. This type of training may be offered by adult education programs, secondary vocational education programs, employers or other agencies.

C. Certificate Programs - Programs consisting of technical courses leading to a certificate in a specific vocation.

D. 5-Year Teaching Certificate - An additional year of education required by an institution in order to receive State teaching certification. This is a non-degree activity.

E. Two- and Four-Year Degree-Granting Programs - courses taken by parents matriculating in post-secondary undergraduate 2-year and 4-year degree-granting programs.

EDUCATION AND TRAINING (cont.)

III. PROCEDURES

ific vocation.

D. 5-Year Teaching Certificate - An additional year of education required by an institution in order to receive State teaching certification. This is a non-degree activity.

E. Two- and Four-Year Degree-Granting Programs - courses taken by parents matriculating in post-secondary undergraduate 2-year and 4-year degree-granting programs.

EDUCATION AND TRAINING (cont.)

III. PROCEDURES

A. Based on the Participant's circumstances, ASPIRE will inform the Participant of the requirements and deadlines relating to application for financial aid. ASPIRE will not provide any financial support for post-secondary education unless the Participant has made a good faith effort to apply for available financial aid. In cases where a Participant has defaulted on student loans and as a result has lost eligibility for a federal Pell Grant and a federal Supplemental Educational Opportunity Grant (SEOG), ASPIRE may provide financial support for education and training activities only when the individual makes all reasonable attempts to resolve the outstanding default with the institution.

B. ASPIRE staff and the Participant will complete and sign the FCA. Individual training and performance standards may be added to the FCA. The Participant will receive a copy of both documents.

C. After each training semester, or equivalent, the Participant and ASPIRE will review the performance standards. In order to continue ASPIRE support for the education or training activity, the terms and conditions set forth in the FCA must be met, unless Good Cause exists for failure to comply.

D. The Participant must make satisfactory progress as defined in Section 3(III).

E. ASPIRE will support a Participant's enrollment in a summer session program for which there is limited or no financial aid (Pell Grants, etc.), other than loans, providing the Participant has made application for any financial aid and the summer session will reduce the time the Participant would otherwise spend to complete the education or training program.

ogress as defined in Section 3(III).

F. ASPIRE will not support graduate level programs, unless the Participant is taking a course or courses in order to renew a professional license or certificate necessary to obtain or maintain employment. Completion of the required course or courses must be expected within six months of the course(s) start date.

G. ASPIRE will support a Participant's attendance at education or training out-of-state only when comparable training is not available in state or the commuting distance to the out-of-state training, as well as quality and costs (including all support services), of attending the out-of-state training are equal to or less than a comparable in-state program.

H. ASPIRE will support online post-secondary course programs when the quality and cost is equal to comparable in-person training programs.

I. In cases where the Participant has a post-secondary degree or a marketable skill when beginning participation with ASPIRE, all possibilities of utilizing the existing degree or marketable skill for employability will be exhausted before consideration is given to authorizing approval for additional education or training. (Note: The Parents as Scholars Program has specific entrance requirements; see Section 16 for details.)

EDUCATION AND TRAINING (cont.)

J. If the Participant requests additional education or training beyond that which was originally approved by ASPIRE, ASPIRE will consider the following in making a decision to approve, or disapprove, additional education or training:

1. The Participant's past performance in education or training activities;

ecific entrance requirements; see Section 16 for details.)

EDUCATION AND TRAINING (cont.)

1. The Participant's past performance in education or training activities;

2. The Participant's ability to obtain employment leading to self-support, with the degree or certificate obtained from the previously approved program (considering local labor market needs, and the Participant's financial needs).

K. The Department will refer ASPIRE Participants interested in applying for post-secondary education or the Parents as Scholars (PaS) Program to providers who offer Pre-Matriculation Services.

WORK ACTIVITY SERVICES

Summary: This Section describes ASPIRE work activities which include MaineServe and Transitional Employment for Maine Parents (TEMP) and providing child care services to an ASPIRE Participant in a Community Service Program.

I. GENERAL PROVISIONS

A. The purpose of MaineServe, TEMP, and Providing Child Care Services is to enhance job skills, meet federal TANF work requirements and provide recent employment references.

B. Placement in permanent full-time employment will have priority over participation in MaineServe or TEMP or Providing Child Care Services.

C. MaineServe and TEMP positions will be in public or private non-profit organizations.

D. MaineServe positions shall be limited to projects which serve or support a useful public purpose such as education, urban and rural development, health, and social services.

E. Neither MaineServe or TEMP placements will be provided to an agency where an organized union strike or walkout is occurring or other labor dispute is in progress.

F. No organization, or agency in violation of local, State or Federal laws will be eligible for MaineServe or TEMP placements.

t a useful public purpose such as education, urban and rural development, health, and social services.

E. Neither MaineServe or TEMP placements will be provided to an agency where an organized union strike or walkout is occurring or other labor dispute is in progress.

F. No organization, or agency in violation of local, State or Federal laws will be eligible for MaineServe or TEMP placements.

G. The EEO and ADA policies of the prospective MaineServe or TEMP sites should be assessed to determine if the prospective site is in compliance with EEO and ADA regulations.

H. The MaineServe or TEMP site agrees to maintain the confidentiality of any information regarding ASPIRE Participants or their immediate families which may be obtained through interviews, tests, reports from public agencies or counselors, or any other source.

I. The monthly maximum number of hours that can be required of a Participant assigned to either MaineServe or TEMP is determined by the Fair Labor Standards Act (FLSA). The number of FLSA hours is obtained by dividing the total of the TANF and SNAP benefit amounts by the current Maine minimum wage; fractional hours will be dropped. The monthly number of hours is then divided by 4.3 to arrive at a weekly figure and this number is written in the Family Contract Amendment as the maximum number of hours per week that will be required for participation in MaineServe or TEMP. If the total of FLSA hours is less than the minimum number of hours required by Federal and/or State law, then the difference will be made up by involving the Participant in non-work activities, such as skills training or remedial education. The maximum number of hours of participation in MaineServe or TEMP should be addressed whenever new Family Contract Amendments (FCAs) are written.

WORK ACTIVITY SERVICES (cont.)

J. After six (6) months, TEMP positions will be reassessed to determine whether the placement continues to be viable for the Participant. If it is determined to be appropriate, the TEMP position may be renewed.

cation. The maximum number of hours of participation in MaineServe or TEMP should be addressed whenever new Family Contract Amendments (FCAs) are written.

WORK ACTIVITY SERVICES (cont.)

K. At the end of nine (9) months, the MaineServe volunteer and the ASPIRE case manager shall evaluate the MaineServe placement. If it is determined to be appropriate, the MaineServe placement may be renewed.

L. ASPIRE will not provide funds to a MaineServe or TEMP placement site for a MaineServe or TEMP placement.

M. Any mandatory ASPIRE Participant who has completed training and job search but has not obtained a permanent job must participate in either TEMP or MaineServe.

N. Any voluntary ASPIRE Participant may choose to participate in MaineServe or TEMP.

O. ASPIRE will provide the necessary support services in accordance with Section 15 in order for the Participant to complete the MaineServe or TEMP placement.

P. The FCA will be developed that will reflect the MaineServe or TEMP activity, the Participant's requirements and will include the services needed by the Participant to succeed in the placement.

II. MaineServe

A. MaineServe is a temporary volunteer work experience position designed to provide parents who are eligible for TANF opportunities to serve their communities and the State, develop employability skills and meet mandatory work requirements.

B. Eligibility: Any ASPIRE Participant over 16 years of age is eligible to volunteer for MaineServe, except that any person under 20 years of age who has not completed high school or its equivalent must also participate in an educational activity designed to complete high school education.

C. Duration of service: MaineServe volunteers may serve up to nine (9) months

mandatory work requirements.

C. Duration of service: MaineServe volunteers may serve up to nine (9) months. At the end of the service period, the MaineServe volunteer and the ASPIRE case manager shall evaluate the MaineServe placement. If the case manager determines that the service is appropriate, the MaineServe volunteer may renew the placement within MaineServe.

WORK ACTIVITY SERVICES (cont.)

III. TRANSITIONAL EMPLOYMENT FOR MAINE PARENTS (TEMP)

A. TEMP is a temporary volunteer work experience position designed to provide parents who are eligible for TANF opportunities to learn job skills, gain work experience, meet mandatory TANF work requirements and earn referrals for future employment.

B. TEMP Participants will not receive work or training reimbursements for voluntary work performed.

C. ASPIRE will assist in the development of a placement site which will match the Participant's abilities, work history and employment goal, to the extent possible, within a reasonable distance from the Participant's location and program resources.

IV. PROVIDING CHILD CARE SERVICES TO ENABLE ANOTHER PARTICIPANT TO PARTICIPATE IN COMMUNITY SERVICE

A. An individual may provide child care services to enable another TANF recipient to participate in a community service program (MaineServe or TEMP).

B. In a two-parent household, one parent may not meet the participation requirement by providing care to children in the household while the other parent participates in community service.

JOB SEARCH ACTIVITIES

Summary: This Section describes ASPIRE job search services, which include self-directed, individual and group job search, and job development and placement.

I. GENERAL PROVISIONS

TEMP).

B. In a two-parent household, one parent may not meet the participation requirement by providing care to children in the household while the other parent participates in community service.

JOB SEARCH ACTIVITIES

Summary: This Section describes ASPIRE job search services, which include self-directed, individual and group job search, and job development and placement.

I. GENERAL PROVISIONS

A. TANF recipients who are able to work any number of hours must participate in individual or group job search activities (depending on the needs and resources of ASPIRE) during the work evaluation phase of involvement with ASPIRE. This “up-front” job search is limited to a maximum of six (6) weeks.

B. ASPIRE Participants who have completed the agreed-upon training necessary for their employment goals will also be required to participate in a job search activity as a primary activity for a maximum of six (6) weeks. If, after six (6) weeks of a job search, employment is not achieved, ASPIRE Participants are expected to continuously job search as a subsequent activity as agreed upon in their Family Contract Amendment (FCA).

C. A FCA must include the Participant's job search activity and the necessary support services in accordance with Section 14 in order for the Participant to complete the job search activity.

D. A Job Contact Log will be required by all Participants in a job search activity (including self-directed). A reasonable number of employer contacts per week, given the local labor market conditions, will be established prior to the beginning of Job Search. The number of expected weekly contacts will be included in the Participant’s FCA. The ability to amend this contact log when necessary is subject to approval by ASPIRE staff. ASPIRE will monitor employer contacts reported by Participants.

II. TYPES OF JOB SEARCH ACTIVITIES

A. Self-Directed

er week, given the local labor market conditions, will be established prior to the beginning of Job Search. The number of expected weekly contacts will be included in the Participant’s FCA. The ability to amend this contact log when necessary is subject to approval by ASPIRE staff. ASPIRE will monitor employer contacts reported by Participants.

II. TYPES OF JOB SEARCH ACTIVITIES

A. Self-Directed

1. A Participant who completes a training program at a post-secondary institution where the institution provides job placement services may utilize that placement service for up to six (6) weeks beginning with the date the ASPIRE case manager approves the plan.

B. Individual Job Search

1. In remote areas of the State or in circumstances where delivering group job search is not feasible, individual job search will be available to Participants. This consists of one-on-one instruction by ASPIRE or its Agent, or an other designated agency, and may be available online. The instruction may include the following components: goal setting; completing applications and resumes;

JOB SEARCH ACTIVITIES (cont.)

techniques for canvassing and contacting employers; information on the kinds of jobs that are available (including the "hidden" labor market); interviewing techniques and follow-up; and employment retention.

2. During instruction and upon completion of instruction, the Participant will contact a reasonable number of employer contacts per week given the local labor market condition. This will be established prior to the beginning of Job Search with the ability to amend when necessary. Participants will provide ASPIRE with a Job Contact Log at least monthly.

3. ASPIRE may contact any employer listed on the Job Contact Log to verify the information provided by the Participant.

C. Group Job Search

1. Group Job Search consists of intensive job seeking skill training and peer support development

tablished prior to the beginning of Job Search with the ability to amend when necessary. Participants will provide ASPIRE with a Job Contact Log at least monthly.

3. ASPIRE may contact any employer listed on the Job Contact Log to verify the information provided by the Participant.

C. Group Job Search

1. Group Job Search consists of intensive job seeking skill training and peer support development. Topics may include: goal setting, completing applications and resumes; techniques for canvassing and contacting employers; information on the kinds of jobs that are available (including the "hidden" labor market), interviewing techniques and follow-up and employment retention. Following the instruction, Participants will implement the training, share job seeking experiences and provide mutual support. Participants will have access to telephones, a photocopying machine, computers, facsimile machines, etc. in order to complete the job search.

2. During the employer contact phase, Participants will maintain a Job Contact Log. ASPIRE may verify any employer information listed on the log.

D. JOB DEVELOPMENT AND PLACEMENT

1. Job Development – ASPIRE will provide individualized services to match job openings to the particular skills and abilities of Participants. These services include identifying existing available jobs; providing employer outreach; supporting employment opportunities that match Participant interests or abilities; and assisting Participants in this activity.

2. Job Placement and Retention – Services that will allow Participants to obtain, and retain, employment. Such services include, but are not limited to, coordinating mentors, job coaches or situational assessments, and dealing with economic factors (including household budgeting) that will encourage job retention. These services are targeted to those individuals who need more intensive assistance than is usually available through the program. Retention services will target at a minimum the first ninety (90) days of employment

t are not limited to, coordinating mentors, job coaches or situational assessments, and dealing with economic factors (including household budgeting) that will encourage job retention. These services are targeted to those individuals who need more intensive assistance than is usually available through the program. Retention services will target at a minimum the first ninety (90) days of employment.

EMPLOYMENT

Summary: This Section describes ASPIRE types of employment which include ASPIRE-PLUS (also known as On-The-Job Training) Self-Employment, Apprenticeship, Non-traditional Employment, full and part-time employment and Dislocated Employee Grievance Procedures.

I. GENERAL PROVISIONS

A. Based on the work evaluation and initial assessment, a Family Contract Amendment (FCA) will be developed which will reflect the Participant's employment goals and needs.

C. ASPIRE will provide Participants with information on post-employment services provided by the Department of Health and Human Services.

II. TYPES OF EMPLOYMENT SERVICES

A. ASPIRE-PLUS (also known as On-The-Job Training, or OJT) - Occupational skills training provided by an employer to a trainee while the trainee is engaged in productive work resulting in the development of knowledge, skills and abilities essential to the adequate performance of a job. OJT is a "hire first" activity. The trainee is a bona fide employee who is afforded the same wages, benefits and rights as those who are similarly employed by that employer. Retention in unsubsidized employment is expected. Details of the wage reimbursement and other conditions are set forth in III. A. of this section.

owledge, skills and abilities essential to the adequate performance of a job. OJT is a "hire first" activity. The trainee is a bona fide employee who is afforded the same wages, benefits and rights as those who are similarly employed by that employer. Retention in unsubsidized employment is expected. Details of the wage reimbursement and other conditions are set forth in III. A. of this section.

B. Apprenticeship - Occupational skills training provided on site by an employer to a trainee while the trainee is engaged in productive work and academic studies in subjects related to the trade, both resulting in knowledge, skills and abilities essential to the adequate performance of a job. ASPIRE will work cooperatively with the Department of Labor, Bureau of Employment Services, to encourage the development of apprenticeships.

C. Self-Employment - Involvement in an enterprise where the Participant has direct control over the type and amount of service or product produced. ASPIRE will provide information so that Participants interested in self-employment may explore that option.

D. Non-traditional Employment - Employment in occupations or fields of work where one gender comprises less than 25 percent of the individuals employed in such occupations or fields of work.

E. Full-Time Employment - working in a position for 30 or more hours per week, with a wage of at least Maine's minimum wage per hour.

EMPLOYMENT (cont.)

III. PROCEDURES

A. ASPIRE-PLUS (On-The-Job Training) Procedures

In addition to all contractual standards otherwise required by state law, ASPIRE will adhere to the following procedures in developing and implementing ASPIRE-PLUS (OJT):

1. All ASPIRE-PLUS contracts are to be negotiated on an individual basis taking into account the Participant's and employer's needs.

2. No contract may be written for an occupation for which the Participant has related education, training and experience, which fully qualifies her for that occupation.

ASPIRE will adhere to the following procedures in developing and implementing ASPIRE-PLUS (OJT):

1. All ASPIRE-PLUS contracts are to be negotiated on an individual basis taking into account the Participant's and employer's needs.

2. No contract may be written for an occupation for which the Participant has related education, training and experience, which fully qualifies her for that occupation.

3. The rate of reimbursement shall not exceed an average of 50 percent of the wages (not benefits) paid to the trainee during the contract period. Reimbursement rates may be below the 50 percent average if the Participant has documented competency to perform specific tasks, or vocational aptitudes or abilities within a specific occupation, but is not fully qualified. Reimbursements may only be for actual time worked by the trainee.

4. The training length will be determined by using the Dictionary of Occupational Titles, Standard Vocational Training Code, except that no contract will be less than four (4) weeks nor longer than twenty-six (26) weeks in duration.

5. ASPIRE will use a standard ASPIRE-PLUS (OJT) contract document which incorporates the payment schedules, job description and terms and conditions therein by reference.

6. The trainee in ASPIRE-PLUS will be considered to be in employment and not in training, and therefore will be eligible for support services as would any employed Participant. This would include employment support services and/or transitional services as appropriate and in accordance with ASPIRE and TANF eligibility rules.

7. Satisfactory progress will be documented by an employee appraisal conducted by the employer at the half-way point of the contract. If the employer states that the Participant is not making satisfactory progress, ASPIRE will counsel and advise the employee to help improve performance.

8. The employer must notify ASPIRE of any employee problems which could eventually lead to dismissal

lity rules.

8. The employer must notify ASPIRE of any employee problems which could eventually lead to dismissal. ASPIRE will counsel and advise the employee on how to resolve the problems, but it shall not interfere with the employer/employee relationship.

EMPLOYMENT (cont.)

9. ASPIRE-PLUS Participants must receive a copy of the training outline and/or job description.

10. ASPIRE-PLUS contracts must be monitored in accordance with the standard schedules and requirements of these rules.

11. In no case will the ASPIRE-PLUS wage be less than the State's minimum wage.

12. No ASPIRE-PLUS Contract will be written that results in displacement or partial displacement (including reduction of hours, wages and benefits) of currently employed workers, nor shall an ASPIRE-PLUS contract be written for a position where any worker is on layoff from the same or a substantially equivalent job, or for a job from which a worker has been bumped and has recall rights.

13. No ASPIRE-PLUS Contract can be written for positions that are intermittent, seasonal or solely commission-based.

14. No firm or industry in violation of local, State or Federal laws will be eligible for an ASPIRE-PLUS contract.

15. The Equal Employment Opportunity (EEO) and Americans with Disabilities Act (ADA) policies of the prospective ASPIRE-PLUS employer should be assessed to determine if the training will be conducted in a responsive setting and the prospective employer is in compliance with EEO and ADA regulations.

dustry in violation of local, State or Federal laws will be eligible for an ASPIRE-PLUS contract.

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