PURPOSE: This rule establishes work activities and participation requirements and rates for recipients of Temporary Assistance. (1) For the purpose of the administration of the Temporary Assistance Program, unless otherwise expressly provided in these rules, a parent or caretaker receiving assistance must engage in work activities when the Division of Family Services has determined that the individual is ready to engage in work or when the individual has received assistance for a total of twenty-four (24) months, whichever is earlier.

1. (A) Work activities are defined as:

   1. 1. Unsubsidized employment;
   2. 2. Subsidized private sector employ-

ment;

1. 3. Subsidized public sector employment;
2. 4. Work experience (including work

associated with the refurbishing of publicly assisted housing) if sufficient private sector employment is not available;

1. 5. On-the-job training;
2. 6. Job search and job readiness assis-

tance;

1. 7. Activities permitted under a federally

approved waiver granted to the Department of Social Services at the time of filing this rule;

1. 8. Vocational educational training (not

to exceed twelve (12) months with respect to any individual);

1. 9. Job skills training directly related to

employment;

1. 10. In the case of a recipient who has

not received a high school diploma or a certificate of high school equivalency, education directly related to employment; and

1. 11. Satisfactory attendance at a sec-

ondary school or, in the case of a recipient who has not completed secondary school or received such a certificate, in a course of study leading to a certificate of general equivalence.

1. (2) For purposes of the administration of the Temporary Assistance Program—

   1. (A) A recipient in a single parent family is engaged in work if the recipient is participating in work activities for at least the minimum average number of hours per week, in an activity described in paragraphs (1)(A)1. through 11. until June 30, 2000. Beginning July 1, 2000, recipients must participate in twenty (20) hours of work activities as described in paragraphs (1)(A)1. through 6. Additional hours can be earned in paragraph (1)(A)8. through 11. The hours per month are as specified in the following table:

If the Month is The Minimum Average in Federal Fiscal Number of Hours per Year Week is:

1997 20 1998 20 1999 25 2000 or thereafter 30

1. (B) The following individuals, if eligible for Temporary Assistance, are considered to be engaged in work:

   1. 1. A recipient in a two (2)-parent family

is engaged in work if the individual is making progress in work activities for at least an average of the number of hours specified in subparagraph (2)(B)1.A. per week during the month, not fewer than an average of thirty (30) hours per week of which are attributable to an activity described in paragraphs (1)(A)1. through 11. until June 30, 2000. Beginning July 1, 2000, recipients must participate in thirty (30) hours of work activities as described in paragraphs (1)(A)1. through 6. After that time, additional hours can be earned in paragraphs (1)(A)8. through 11. The following provisions apply:

1. A. Thirty-five (35) hours per week

during the month; and

1. B. If the family of the individual

receives federally-funded child care assistance and an adult in the family is neither disabled nor caring for a severely disabled child, the individual’s spouse is making progress in work activities during the month, not fewer than 20 hours per week of which are attributable to an activity as described in (2)(A) above;

1. 2. Notwithstanding section (1), an indi-

vidual who is a single parent head of household of one (1) or more children of any age who is him/herself not yet twenty (20) years of age is deemed to be engaged in work for a month if the individual—

1. A. Maintains satisfactory attendance,

during the month, in a secondary school or a course of study leading to a certificate of general equivalence; or

1. B. Participates in education directly

related to employment for at least the minimum number of hours specified in subsection (2)(A);

1. 3. Notwithstanding earlier provisions in

subsection (2)(A), a single parent of a child under the age six (6) shall be deemed to be meeting the work participation requirement if the parent is engaged in work activities for twenty (20) hours per week as defined in subsection (1)(A); and

1. 4. Notwithstanding earlier provisions in

subsections (2)(A) and (2)(B), an individual shall not be considered to be engaged in work by virtue of participating in an activity described in paragraph (1)(A)6. after such individual has participated in such activity for six (6) weeks or more in a federal fiscal year, only four (4) of which may be consecutive, or if the unemployment rate in this state is at least fifty percent (50%) greater than the unemployment rate of the United States, twelve (12) weeks in a federal fiscal year, only four (4) of which may be consecutive;

1. (C) The following individuals, if eligible for Temporary Assistance, are exempt from participating in work activities but may voluntarily participate:

   1. 1. Individuals who are permanently dis-

abled if they have been determined to be eligible for Old Age Survivor’s and Disability Insurance (OASDI), Supplemental Security Income (SSI), or employer-sponsored disability insurance. Individuals are exempt from work activities while an application for any of the aforementioned is pending unless or until an unfavorable determination is made;

1. 2. A child as identified in 13 CSR 40-

2.325(1)(A)1. and 2.;

1. 3. Caretaker-payees sixty (60) years of

age or older; or

1. 4. An individual who is a single custo-

dial parent caring for a child who has not attained twelve (12) months of age may claim an exemption from the work requirements.

1. (D) The following individuals, if eligible for Temporary Assistance, may be temporarily excluded from participating in work activities:

   1. 1. An individual who is temporarily dis-

abled;

1. 2. An individual who is needed in the

home to care for a disabled child or adult who is a member of the household;

1. 3. An individual who is pregnant and in

her third trimester of the pregnancy; or

1. 4. An individual who is a victim of

domestic violence.

1. (3) Sanctions.

   1. (A) If an individual in a family subject to work participation requirements refuses to engage in a work activity, without good cause, as required in accordance with this section, the division shall—

      1. 1. Reduce the amount of temporary

assistance otherwise payable to the family, pro rata;

1. 2. The division shall not reduce assis-

tance provided through the Temporary Assistance Program because of a refusal to work if the individual is a single custodial parent caring for a child who is not yet six (6) years of age and if the individual has demonstrated the inability to work as determined by the division because of the unavailability of affordable, appropriate, suitable child care, within a reasonable distance from the home or work site. 13 CSR 40-2

1. A. Affordable—When determining

whether child care is affordable, no recipient shall be required to accept child care if the only available child care requires the family to personally pay more than twenty percent (20%) of their gross household income (less medical insurance premiums) for child care. This twenty percent (20%) includes both the family’s sliding fee and any additional copayment the family would be required to pay. This twenty percent (20%) does not include federal, state, or local child care subsidy.

1. B. Appropriate—At a minimum, to be

considered an appropriate provider, a provider must—

1. (I) Be licensed by the Missouri

Department of Health; or

1. (II) If exempt from licensure, be

registered by the Division of Family Services. In order to be registered by the Division of Family Services, a provider must comply with the terms set forth in 13 CSR 40- 32.010(8) and (9). Grandparents, greatgrandparents, aunts, uncles, and siblings of the child needing care (as long as the sibling does not reside in the child’s home) are exempt from the minimum health and safety requirements but are required to be registered.

1. C. Suitable—A provider is suitable if

the recipient does not believe the child is at risk of abuse or neglect while being provided care by the provider. A recipient must not be required to use a provider with whom the recipient has reason to believe the child is at risk of abuse or neglect. If other adults are residing in the household but the recipient does not believe the other adult is suitable, the recipient must provide a reasonable statement as to why the other adult(s) is unavailable or places the child at risk of abuse or neglect.

1. D. Within a reasonable distance—

When determining whether a provider is within a reasonable distance, the division shall consider the following:

1. (I) Availability of personal trans-

portation;

1. (II) Distance from public trans-

portation to care and work; and

1. (III) What is reasonable within the

community.

1. (B) Good Cause.

   1. 1. The following constitute good cause

for failure to participate or accept employment:

1. A. The employment would result in

the family of the recipient experiencing a net loss of cash income;

1. B. Net loss of cash income results if

the family’s gross income less necessary work-related expenses is less than the cash assistance the individual was receiving at the time the offer of employment is made. Gross income includes, but is not limited to, earnings, unearned income and cash assistance;

1. C. Court-required appearance or

incarceration;

1. D. Emergency family crisis which

renders participation unreasonable;

1. E. Breakdown in transportation

arrangements with no readily accessible alternate means of transportation;

1. F. Breakdown in the child care

arrangement or availability of child care not suited for special needs of the child for whom it is intended; or

1. G. Lack of identified social services

necessary for participation and set forth in the self-sufficiency pact referenced in 13 CSR 40-2.370.

AUTHORITY: sections 207.020 and 208.040.5, RSMo 1994.* Emergency rule filed Feb. 18, 1998, effective March 1, 1998, terminated Aug. 10, 1998. Original rule filed Jan. 16, 1998, effective Aug. 1, 1998. *Original authority: 207.020, RSMo 1945, amended 1961, 1965, 1977, 1981, 1982, 1986, 1993 and 208.040.5, RSMo 1949, amended 1955, 1969, 1982, 1985.