22 §3785. Sanctions
Title 22: HEALTH AND WELFARE
Subtitle 3: INCOME SUPPLEMENTATION HEADING: PL 1973, C. 790, §1 (AMD)
Part 3: CHILDREN
Chapter 1054-A: ADDITIONAL SUPPORT FOR PEOPLE IN RETRAINING AND EDUCATION PROGRAM HEADING: PL 1987, C. 856, §7 (NEW)
§3785. Sanctions
An individual may not be sanctioned under this program or Temporary Assistance for Needy Families for failure to participate in the ASPIRE-TANF program if that failure to participate is based on good cause. Each individual participating in an ASPIRE-TANF orientation must receive written and oral notice of what constitutes good cause for nonparticipation in ASPIRE-TANF including the domestic violence exception. Good cause for failure to participate in this program must be found when there is reasonable and verifiable evidence of: [1997, c. 530, Pt. A, §20 (AMD).]
1. Illness or incapacitation. The individual's illness, incapacity or advanced age, or the illness or incapacity of a household member, that requires the individual to provide care in the home;
[ 1993, c. 385, §18 (AMD) .]
2. Sexual harassment. Sexual harassment at a program-approved component;
[ 1993, c. 385, §18 (AMD) .]
3. Court-required appearance; incarceration. Court-required appearance or incarceration;
[ 1987, c. 856, §7 (NEW) .]
4. Lack of supportive services. Lack or breakdown of necessary supportive services such as child care or transportation with no appropriate alternatives available;
[ 1993, c. 385, §18 (AMD) .]
5. Inclement weather. Inclement weather that prevents the individual from traveling to an activity when the weather is severe enough to prevent other individuals from traveling to the same activity;
[ 1993, c. 385, §18 (AMD) .]
6. Assignment to another activity. Assignment by the department to an activity or component that has not been made part of the family contract;
[ 1997, c. 530, Pt. A, §21 (AMD) .]
7. Remoteness. Participation that requires the individual to travel outside the individual's immediate geographic area, defined as an area within a 2-hour round trip commute;
[ 1993, c. 385, §18 (AMD) .]
8. Crisis or special circumstance. A crisis or special circumstance that causes an individual to be absent from or discontinue a department activity about which the department has been advised and has determined to constitute good cause;
[ 1997, c. 530, Pt. A, §22 (AMD) .]
9. Good cause.
[ 1989, c. 839, §8 (RP) .]
10. Caretakers of children under 6 years of age.
[ 1995, c. 418, Pt. A, §28 (RP) .]
11. Net loss of cash income.
[ 1995, c. 418, Pt. A, §28 (RP) .]
12. Other good cause. Any other reason resulting in failure to participate that is beyond the control of the individual or that a reasonable person would determine to be good cause; or
[ 1997, c. 530, Pt. A, §23 (AMD) .]
13. Domestic violence. 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. For the purposes of this subsection, reasonable and verifiable evidence may include but is not limited to the following:
A. Court, medical, law enforcement, child protective, social services, psychological or other records that establish that the individual has been a victim of domestic violence; or [1997, c. 530, Pt. A, §24 (NEW).]
B. Sworn statements from persons other than the individual with knowledge of the circumstances affecting the individual. [1997, c. 530, Pt. A, §24 (NEW).]
[ 1997, c. 530, Pt. A, §24 (NEW) .]
SECTION HISTORY
1987, c. 856, §7 (NEW). 1989, c. 839, §§6-9 (AMD). 1991, c. 528, §F12 (AMD). 1991, c. 528, §RRR (AFF). 1991, c. 591, §F12 (AMD). 1993, c. 385, §18 (AMD). 1995, c. 418, §§A27,28 (AMD). 1997, c. 530, §§A20-24 (AMD).