PURPOSE: This rule identifies the optional components of the employment and training program mandated by sections 208.044, 208.151 and 402.340–402.347, RSMo. The Missouri program will be known as FUTURES. This rule also identifies the referral process of clients to the program and the conciliation and sanction process.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. Therefore, the material which is so incorporated is on file with the agency who filed this rule, and with the Office of the Secretary of State. Any interested person may view this material at either agency’s headquarters or the same will be made available at the Office of the Secretary of State at a cost not to exceed actual cost of copy reproduction. The entire text of the rule is printed here. This note refers only to the incorporated by reference material.

1. (1) The Division of Family Services shall provide a conciliation procedure as required by 45 CFR section 250.36.

   1. (A) The following describes the state’s conciliation process:

      1. 1. When a dispute arises which involves

an individual’s participation in the FUTURES Program, that individual shall be provided a conciliation period to resolve the dispute. Conciliation will include an attempt by the participant and his/her case manager or designee to resolve the dispute;

1. 2. The conciliation period will not

exceed thirty (30) days unless extended by the division. After the conciliation period and a notice of adverse action has been issued, the individual shall be provided a fair hearing. The existing hearings process at 13 CSR 40- 2.160 shall apply to hearings and appeals related to this program;

1. 3. Assistance will not be suspended, dis-

continued or terminated until a decision is 13 CSR 40-2

issued after the fair hearing, if a hearing is requested;

1. 4. Sanctions shall be imposed for failure

to comply as required by 45 CFR section 250.34. Failure to comply includes failure, without good cause, to participate in any program component or refusal to accept employment, termination of employment or reduction of earnings:

1. A. For the first failure to comply, the

sanction shall apply until the failure to comply ceases;

1. B. For the second failure to comply,

the sanction shall apply until failure to comply ceases or for three (3) months, whichever is longer;

1. C. For any subsequent failure to com-

ply, the sanction shall apply until failure to comply ceases or for six (6) months, whichever is longer; and

1. 5. Good cause for failure to comply

shall be as defined in 45 CFR section 250.35, and shall include circumstances beyond the household’s control, such as unavailability of transportation or child care, or other failure in the delivery of a supportive service.

1. (2) The Family Support Act of 1988 requires the operation of four (4) mandatory components and two (2) optional components. The mandatory components include LEARN- FARE, the educational component and the three (3) employment-related components (job skills training, job readiness and job development and placement). The two (2) optional components will be on-the-job training (OJT) and group and individual job search. Decisions regarding which component would be most appropriate will be based upon, but not limited to, the following criteria:

   1. (A) If job ready, refer to job search;
   2. (B) If not job ready due to educational deficiencies, refer to local or area educational facilities;
   3. (C) If not job ready due to lack of work history or marketable skills, refer to training;
   4. (D) If the client has a temporary condition or situation which would prevent him/her from actively participating, or if the desired service is temporarily unavailable, the client may not be referred at once, but referred later when the situation changes. Follow-up on a client’s condition will occur at designated intervals or as requested by the client;
   5. (E) If the client needs supportive services, appropriate referrals will be made or assistance will be given in arranging the services; and
   6. (F) If further testing is required to determine the appropriate service plan, a referral for education and skills assessment will be made.
2. (3) The Family Support Act of 1988 allows the state to require that one (1) or both parents in the case of families eligible for Aid to Families with Dependent Children (AFDC) by reason of unemployment of the parent who is the principal wage earner attend a community work experience activity, unsubsidized employment, other work experience, work supplementation, or OJT component. The state has elected to require participation by both parents, thereby eliminating the rule requiring participation by only one (1) parent. The exemption for having a child under age three (3) as specified in 208.4l0(3), RSMo applies only to the parent who is not designated as the principal wage earner and is only applicable when child care is unavailable.

AUTHORITY: section 207.020, RSMo 1994.* Original rule filed May 2, 1990, effective Sept. 28, 1990. Amended: Filed Aug. 11, 1994, effective Feb. 26, 1995. Emergency amendment filed June 15, 1995, effective June 25, 1995, expired Oct, 22, 1995. Amended: Filed June 15, 1995, effective Nov. 30, 1995. *Original authority: 207.020, RSMo 1945, amended 1961, 1965, 1977, 1981, 1982, 1986, 1993.