9 CCR 2503-6-3.608 - Ongoing Workforce Development

3.608.1 Ongoing Case Management

The Workforce Development worker will have contact with the client at least once every ninety (90) days. This contact may include an update to the Individualized Plan if needed and shall include an assessment for supportive payments as outlined in section 3.606.8.

A. Ongoing Workforce Development Assessment

The State prescribed Workforce Development Assessment shall be completed at least once every six (6) months and must be documented in case comments in the Statewide Automated System. in addition, the State prescribed Workforce Development Assessment must be completed by the new county of record within thirty (30) days of a county transfer.

B. Individualized Plan Modification

Either a client or a county department may request a modification of the Individualized Plan. Any modification made will result in a new Individualized Plan that must have a valid form of signature as defined in 3.601 and date by the client. If the client does not agree with the modification, they may request due process as defined in section 3.609.7 . In addition, an updated Individualized Plan must be completed by the new county of record within thirty (30) days of a county transfer.

3.608.2 Work Activities

A. Engaged in Work Activities

Work eligible clients are required to engage in the Workforce Development program, once determined eligible for Colorado Works. All activities in the Individualized Plan shall relate to the outcome of both initial and ongoing assessments. The statewide automated system shall accurately reflect all activities that a client is participating in, regardless if that activity is included in the Individualized Plan.

B. Allowable Work Activities

Work activities are defined in greater detail in Colorado's federally approved Work Verification Plan (2020); no later amendments or editions are incorporated. The Work Verification Plan can be found at https://drive.google.com/open?id=0b9eaxw7_92zsvnnhexz4u3hzdue. Copies are also available for public inspection and copying by contacting the Colorado Department of Human Services, Director of the Employment and Benefits Division, 1575 Sherman Street, Denver, Colorado, 80203 or at any State publications library during regular business hours.

The State of Colorado will seek public comment on any changes to the Work Verification Plan by posting such changes for comment on the publicly accessible Colorado Department of Human Services website, at least thirty (30) days prior to implementing the change.

County defined work activities are listed in county policy which can be reviewed at the county department or copies are also available for public inspection and copying by contacting the Colorado Department of Human Services, Director of the Employment and Benefits Division, 1575 Sherman Street, Denver, Colorado, 80203 during normal business hours.

Allowable work activities include:

1. Employment, such as full-time or part-time employment, subsidized employment, on the job training, and temporary employment.

2. Education, such as pursuing a degree, high school equivalency, job skills training, english as a second language courses, or pursuing a certificate.

3. Volunteer work, such as community service, work experience programs, and unpaid internships.

4. Search for work, such as applying for jobs, interviewing, attending job fairs, and attending hiring events.

5. Job readiness activities, such as interpreting labor market information, identifying references, building job search skills, building cultural competencies, substance abuse and mental health treatment, mitigating the effects of domestic violence, and rehabilitation activities.

C. Work Activity Outlined in the Individualized Plan

For purposes of participating in the work activities requirements of this section, a Colorado Works client shall be considered to be engaged in work program requirements if they are participating in the work activities listed in section 3.608.2.B or in the Work Verification Plan incorporated in section 3.608.2.B, or in any other work activities designed to lead to self-sufficiency as determined by the county department and as outlined in their Individualized Plan.

D. Clients in paid work experience shall be entitled to the same wages and benefits, including but not limited to, sick leave, holiday and vacation pay, as are offered to employees who are not clients and who have similar training or experience performing the same or similar work at a specific workplace. Clients in unpaid work experience are entitled to all rules under the Fair Labor Standards Act as indicated in the Work Verification Plan.

3.608.3 Re-engagement and Good Cause

Counties should make every reasonable effort to ensure Individualized Plans are appropriate, achievable, and the most likely strategy to support a client's long-term economic well-being goals.

Good cause for not engaging in Workforce Development can be reported at any time during the current application period and verification is not required to be provided by the client. The county worker shall use the Prudent Person Principle to determine good cause which may be reported by the client in person, virtually, telephonically, or electronically. County workers must enter good cause in the State Benefit Management System within five (5) calendar days.

A. There may be instances where a client is unable to comply, such as:

1. Missing a scheduled meeting; or

2. Not participating with the Individualized Plan.

In these instances, the county shall send a request to the client to report good cause and provide the client with eleven (11) calendar days to report good cause.

B. In general, the Prudent Person Principle is used to determine good cause. At a minimum, good cause for the client may include, but is not limited to:

1. Breakdown in child care arrangements

2. A lack of available and appropriate child care pursuant to a county department's written policy. Colorado Works clients who are caring for a child should be granted good cause if:

a. There is not appropriate child care within a reasonable distance from the client's home or work site.

b. There is no available or suitable child care.

c. There is not appropriate and affordable child care arrangements within the rate structure defined in the approved county child care rate plan.

3. Remotely located without transportation

4. Breakdown in transportation arrangements with no feasible alternative

5. School obligations that frequently necessitate a parent's or caretaker's attendance

6. Loss of housing or a housing crisis that might result in homelessness or eviction

7. Medical emergencies, including mental health, substance abuse, or crisis, involving anyone in the household

8. Physical or mental disability or illness of the client or an individual in the client's care

9. Legal proceedings for the client or other immediate family members

10. Employment issues when layoffs occur, wages are below applicable federal and state minimum wage standards, working conditions present a risk to health or safety, or workers' compensation protection does not exist

11. Client's incarceration

12. Jury duty

13. Death of an immediate family member or authorized representative

14. Other situations as determined by the county

C. Good cause does not constitute an exemption from Workforce Development program requirements or time limits. However, good cause should be considered when granting an extension as defined in 3.606.6.C. If there is good cause for not participating in the Workforce Development program, a sanction or closure will not be imposed. Once good cause is determined, the re-engagement process ends. County departments must follow the state prescribed process for re-engagement to include good cause, re-engagement, sanctioning, and closing a case.

D. At the time of the good cause request, a re-engagement appointment shall be sent through the Statewide Automated System and the client shall be provided written notice of the appointment at least four (4) calendar days, but no more than eleven (11) calendar days in advance. The client may provide a written or verbal waiver that written notice of the scheduled appointment is not necessary when the county department is able to conduct the appointment during communication with the client.

Notice shall include:

1. The date and time for the appointment

2. The opportunity to reschedule the appointment or make other arrangements in the event of good cause

E. If the county department makes contact with the client and good cause is provided, the re-engagement process stops. The Workforce Development worker shall enter a case comment including the date and type of contact into the Statewide Automated System.

F. Clients may reschedule their re-engagement appointment prior to the re-engagement appointment. The rescheduled appointment cannot exceed fifteen (15) calendar days from the original re-engagement appointment.

G. Timeframes for rescheduling the re-engagement appointment include:

1. The Workforce Development worker shall schedule the new re-engagement appointment within four (4) calendar days of the client's request to reschedule.

2. The client shall be provided written notice of the rescheduled appointment at least four (4) calendar days, but no more than fifteen (15) calendar days in advance. The client may provide a written or verbal waiver that written notice of the scheduled appointment is not necessary when the county department is able to conduct the appointment during communication with the client.

H. If the client attends the re-engagement appointment but does not provide good cause, a sanction will not be imposed, except as outlined below. Once the client attends the re-engagement appointment, the re-engagement process ends. The county or client may request modification of the Individualized Plan as outlined in section 3.608.1.B .

When a county determines that there has been exceptional dis-engagement by the client, as evidenced by repetitive or cumulative attendance at re-engagement appointments without reporting good cause, a sanction, as defined in section 3.608.4 may be applied to the grant payment based on state department review.

I. If the client misses the re-engagement appointment, there are no attempts to reschedule prior to the scheduled appointment, and the client does not provide good cause, a sanction, as defined in section 3.608.4 will be applied to the grant payment. The following process shall occur:

1. The unsuccessful outcome of the re-engagement attempts shall be documented in the statewide automated system within five (5) working days of the determination by the county worker.

2. A notice of grant payment reduction based on the sanction will be sent according to section 3.609.7.

3. If good cause is provided after the unsuccessful outcome of the re-engagement attempts is entered into the Statewide Automated System, the sanction shall be reversed.

3.608.4 Sanction

A. Sanctions from other counties

All sanctions shall be served when a client moves from one county to another. The new county may become aware of good cause for previous non-participation and may reverse the sanction if appropriate.

B. Sanctions issued in other states will not be recognized in the State of Colorado.

C. Effect of a sanction on the Colorado Works grant payment

The Colorado Works grant payment for the entire household shall be reduced due to a sanction imposed against a member of the assistance unit as follows:

1. First, Second, and Third level sanctions

The reduction for the first, second, and third instance of sanction shall be 25% of an assistance unit's grant payment. the sanction shall be in effect for one month for each level sanction. A first, second, or third instance of sanction shall progress to the next level of sanction if the client does not re-engage in the Workforce Development program as defined in subsection G. Below by the end of the month that the sanction is being served.

2. Fourth level sanction

The reduction for a fourth instance of sanction is 100% and shall result in case closure of the Colorado Works grant payment. The closure shall be in effect for one month. A new application for Colorado Works grant payments is required according to section 3.602.1.

D. Serving a sanction

All sanctions imposed by a county must be served by the client. If a client has had a break in grant payment for one month or more, the sanction shall be considered served. If a client reapplies for benefits anytime within the calendar month that they are serving a sanction, the client must serve the sanction by having a reduction in benefits according to the first, second, or third level sanctions, or by having a case closed for a fourth level sanction.

E. Sanctioning a client that has been sanctioned previously

Once a sanction is served, all subsequent occurrences shall be in accordance with the level following the sanction previously served as outlined in 3.608.4.C. and D.

F. Sanctioning more than one client in an assistance unit

Each Colorado Works case can experience no more than one sanction level in a month. If multiple clients in the same assistance unit have sanctions, the sanctions will be served simultaneously and at the higher sanction level when multiple levels exist.

G. Re-engagement following a sanction

When a client who is serving a sanction contacts the county worker and indicates an interest in participating in the Workforce Development program, an Individualized Plan will be developed. Once the Individualized Plan is signed, the sanction will not progress to the next sanction level unless a new instance of non-compliance occurs. The county worker will enter the re-engagement date into the Statewide Automated System and resume ongoing case management.

When a client is serving a sanction based on exceptional dis-engagement defined in section 3.601 and outlined in 3.608.3.H, the client is considered re-engaged based on their attendance at the most recent re-engagement appointment.

3.608.5 Appeal of a Sanction

A Colorado Works client has the right to appeal the county department's action to sanction. The client can utilize the local level dispute resolution process and/or a state level hearing process per section 3.609.9 . The appeal period for proposed sanctions for Colorado Works begins with the mailing of a notice of sanction that lists the proposed action and the client's appeal rights.

A notice of proposed action shall not be issued by the county department for proposed Colorado Works sanctions until the re-engagement process has been completed.

Notes

9 CCR 2503-6-3.608

37 CR 17, September 10, 2014, effective 10/1/2014 38 CR 11, June 10, 2015, effective 7/1/2015 38 CR 15, August 10, 2015, effective 9/1/2015 38 CR 23, December 10, 2015, effective 1/1/2016 39 CR 19, October 10, 2016, effective 11/1/2016 40 CR 03, February 10, 2017, effective 2/14/2017 40 CR 17, September 10, 2017, effective 10/1/2017 41 CR 15, August 10, 2018, effective 9/1/2018 40 CR 23, December 10, 2017, effective 12/30/2018 43 CR 01, January 10, 2020, effective 1/30/2020 43 CR 13, July 10, 2020, effective 8/1/2020 43 CR 23, December 10, 2020, effective 1/1/2021 44 CR 21, November 10, 2021, effective 3/1/2022 45 CR 03, February 10, 2022, effective 3/2/2022 45 CR 13, July 10, 2022, effective 6/3/2022 45 CR 15, August 10, 2022, effective 8/30/2022 46 CR 09, May 10, 2023, effective 6/1/2023