Title 921 | Chapter 002 | Regulation 370
PREVIOUS VERSION
The previous document that this document is based upon is available.
921 KAR 2:370.Technical requirements for Kentucky Works Program (KWP).
Section 1.
Definitions.(1)
"Affordable child care arrangements" means appropriate child care at a reasonable distance that is suitable and with a charge at or below the maximum provider payment rate pursuant to the Child Care and Development Fund (CCDF) plan.(2)
"Appropriate child care" means eligible child care as provided by an "eligible child care provider", pursuant to 45 C.F.R. Part 98.2.(3)
"Assessment" means the ongoing evaluation of an individual's strengths and needs relative to achieving self-sufficiency.(4)
"Assistance" is defined by 45 C.F.R. 260.31.(5)
"Barriers" means a limitation in an individual's ability to become employed and self-sufficient or to comply with KTAP requirements.(6)
"Community service activities" means "community service programs", as defined by 45 C.F.R. 261.2(h).(7)
"Conciliation" means a process in which a participation problem in the Kentucky Works Program can be resolved.(8)
"Domestic violence and abuse" is defined by KRS 403.720(2).(9)
"Family member" means an individual:(a)
Related by blood, marriage, or adoption to a child or a work-eligible individual, as defined by 45 C.F.R. 261.2(n), in the benefit group; or(b)
Who is a member of an unmarried couple and has a child in the benefit group in common with the work-eligible individual, as defined by 45 C.F.R. 261.2(n).(10)
"Full-time school attendance" means a workload of at least:(a)
The number of hours required by the individual program for participation in:1.
An adult basic education program;2.
A general educational development (GED) program; or3.
A literacy program;(b)
The number of hours required by the individual program for participation in a college or university; or(c)
The equivalent of paragraph (b) of this subsection in a college or university if other than a semester system is used; or(d)
The number of hours required by the individual high school or vocational school to fulfill the high school or vocational school's definition of full time.(11)
"Job search and job readiness assistance" is defined by 45 C.F.R. 261.2(g).(12)
"Job skills training directly related to employment" is defined by 45 C.F.R. 261.2(j).(13)
"Kentucky Transitional Assistance Program" or "KTAP" means the program established in 921 KAR 2:006.(14)
"Kentucky Works Program" or "KWP" means a program designed to assist eligible low-income families with a child living in the home with achieving greater self-sufficiency by assisting program participants in obtaining education, training, experience, and employment.(15)
"On-the-job training" is defined by 45 C.F.R. 261.2(f).(16)
"Part-time enrollment" means enrollment with a postsecondary institution at a minimum of half of full-time enrollment as defined by subsection (10) of this section.(17)
"Subsidized employment" is defined by 45 C.F.R. 261.2(c) and (d).(18)
"Unsubsidized employment" is defined by 45 C.F.R. 261.2(b).(19)
"Vocational education" means "vocational educational training" as defined by 45 C.F.R. 261.2(i).(20)
"Work-eligible individual" is defined by 45 C.F.R. 261.2(n).(21)
"Work Experience Program" or "WEP" means the definition of "work experience if sufficient private sector employment is not available" pursuant to 45 C.F.R. 261.2(e).Section 2.
Program Participation.(1)
Unless the KTAP recipient meets the exception criteria in Section 3 of this administrative regulation, the cabinet shall determine a work-eligible individual as follows:(a)
1.
A one (1) parent household shall be required to participate in a specific activity pursuant to paragraph (c) of this subsection no less than the number of hours per week required in the activity, pursuant to subparagraph 2 of this paragraph.2.
The activity shall be required to have at least a minimum of thirty (30) hours per week, ten (10) hours of which may be satisfied through participation in an education or training activity pursuant to paragraph (c) 8, 9, and 11 of this subsection or in literacy or adult education.(b)
A two (2) parent household shall participate in a specific activity no less than the number of hours per week required in the activity, pursuant to this paragraph. The activity shall be required to meet the following requirements:1.
If the family participates in the Child Care Assistance Program pursuant to 922 KAR 2:160, the activity shall be required to have at least a minimum of fifty-five (55) hours combined from both parents, five (5) of which may be satisfied through participation in an education activity pursuant to paragraph (c)8, 9, and 11 of this subsection or in literacy or adult education.2.
If the family does not participate in the Child Care Assistance Program pursuant to 922 KAR 2:160, a two (2) parent household shall participate thirty-five (35) hours per week combined, five (5) of which may be satisfied through participation in an education activity pursuant to paragraph (c)8, 9, and 11 of this subsection or in literacy or adult education.3.
If an adult is needed to care for a child in the home with a severe disability, a two (2) parent household shall participate pursuant to subparagraph 2 of this paragraph.4.
A two (2) parent household eligible for KTAP shall meet the number of hours of participation in a work activity listed in paragraph (a) of this subsection.(c)
In accordance with 45 C.F.R. 261.2, to be in compliance with the participation requirement in KWP, a countable activity may include:1.
Unsubsidized employment;2.
Subsidized employment;3.
Work experience training;4.
On-the-job training;5.
Job search and job readiness assistance;6.
Community service activities;7.
Full-time enrollment, as defined by the educational institution or program, in post-secondary or vocational education not to exceed twelve (12) cumulative months;8.
Full or part-time enrollment, as defined by the educational institution or program, in postsecondary or vocational education at any time if combined with an activity pursuant to subparagraph 1 through 4 and 6 of this paragraph;9.
Attendance at secondary school or equivalent if the recipient:a.
Has not completed secondary school or equivalent; orb.
Couples the attendance with work or work activity in the amount of hours per week pursuant to paragraphs (a) and (b) of this subsection;10.
Provision of child care services to an individual participating in community service activities;11.
Job skills training directly related to employment; and12.
Based on the findings of the assessment, an allowable activity that includes:a.
Domestic violence and abuse counseling;b.
Life skills training;c.
A substance abuse program;d.
Mental health counseling;e.
Vocational rehabilitation;f.
Literacy;g.
Adult education; orh.
Another preparation or service:(i)
To address an individual's barriers; and(ii)
Approved in advance by the cabinet.(2)
Excused absences shall:(a)
Include:1.
Scheduled hours missed due to holidays; and2.
A maximum of ten (10) additional days or eighty (80) hours of excused absences in any twelve (12) month period with no more than two (2) days or sixteen (16) hours occurring in a month; and(b)
Count as actual hours of participation.(3)
To verify the actual number of hours of participation in approved activities, the KTAP recipient shall provide the following:(a)
A completed "KW-33, Verification of Kentucky Works Program Participation"; or(b)
A monthly calendar sheet or log that requires the signature of the person supervising the work-eligible individual.Section 3.
Exceptions to Program Participation.(1)
A work-eligible individual shall be considered to be engaged in work for a month in a fiscal year if the individual:(a)
Is a head of household;(b)
Has not obtained a high school diploma or a GED;(c)
Has not attained twenty (20) years of age; and(d)
1.
Maintains regular attendance and satisfactory progress at a secondary school or the equivalent during the month; or2.
Participates in education that is directly related to employment for at least twenty (20) hours a week while maintaining regular attendance and satisfactory progress.(2)
(a)
A work-eligible individual shall not be required to comply with a program participation requirement for up to twelve (12) months if the individual is:1.
A single custodial parent; and2.
Caring for a child who has not attained twelve (12) months of age.(b)
The twelve (12) months of exemption from a work participation requirement shall be limited to a total of twelve (12) months in a lifetime for the adult and may be:1.
Consecutive; or2.
Cumulative.(3)
(a)
For a work-eligible individual whose compliance with program participation would make it difficult to escape domestic violence and abuse or unfairly penalize the individual who is currently experiencing or is a survivor of domestic violence and abuse, compliance shall not be mandated.(b)
If a KTAP applicant or work-eligible individual is identified as a survivor of domestic violence and abuse or currently experiencing domestic violence and abuse, an appropriate services plan shall be required for the individual pursuant to 921 KAR 2:006, Section 19.(4)
A work-eligible individual shall be considered to be engaged in work for a month if the individual is:(a)
A single custodial parent or caretaker relative in the family with a child who has not attained six (6) years in age; and(b)
Engaged in work for an average of at least twenty (20) hours per week during the month pursuant to Section 2(1)(c) 1, 2, 3, 4, 5, 6, or 7 of this administrative regulation.(5)
In accordance with 45 C.F.R. 261.2(n)(2)(i), the cabinet shall exclude from program participation a parent providing care to a disabled family member as verified by the completion of the "PA-4, Statement of Required Caretaker Services".(6)
In accordance with 45 C.F.R. 261.2(n)(2), the cabinet shall exclude from program participation a parent who is a recipient of Social Security Disability Insurance (SSDI) benefits.(7)
(a)
If an individual with an ADA disability cannot participate in a countable work activity as specified in Section 2 of this administrative regulation.(b)
A reasonable accommodation or program modification may include:1.
Excused participation from an activity;2.
Participation for a reduced number of hours;3.
Participation in an activity for a longer period of time than is countable; or4.
Participation in an activity that is not countable in accordance with Section 2(1)(c)12 of this administrative regulation.(8)
An applicant of KTAP shall be informed in writing of the availability of the exceptions to KWP participation pursuant to this section.Section 4.
Program Participation Requirements.(1)
Assessment.(a)
The cabinet or its designee shall make an assessment of the work-eligible individual's employability on the "KW-200, Kentucky Works Program Assessment".(b)
The cabinet shall request another agency to assist in the assessment process if the need for a diagnostic assessment or an additional professional skill set is indicated.(c)
The assessment shall include consideration of:1.
Basic skills;2.
Occupational skills;3.
Barriers and other relevant factors;4.
An ADA disability; and5.
A reasonable accommodation or program modification needed for an individual with an ADA disability.(2)
The self-sufficiency plan. Based on the findings of the assessment, the cabinet or its designee and work-eligible individual shall jointly develop a self-sufficiency plan by completing the "KW-202, KTAP Transitional Assistance Agreement". This plan shall contain:(a)
An employment goal for the individual;(b)
A service to be provided by the cabinet including child care;(c)
An activity to be undertaken by the individual to achieve the employment goal;(d)
A reasonable accommodation or program modification needed due to an ADA disability; and(e)
Other needs of the family.(3)
In accordance with KRS 205.200(7)(a), an adult applicant or recipient of the KTAP benefit group shall register for work except for a member who is:(a)
Under age eighteen (18);(b)
Age sixty (60) or over;(c)
Age eighteen (18) or nineteen (19) years old in full-time school attendance pursuant to 921 KAR 2:006, Section 3;(d)
Receiving benefits based on 100 percent disability;(e)
An individual who has received benefits based on 100 percent disability within the past twelve (12) months but lost the benefits due to income or resources and not an improvement in the disability;(f)
Employed thirty (30) hours or more per week at minimum wage or more; or(g)
Part of a federal Office of Refugee Resettlement (ORR) eligible population whose immigration status excludes or prohibits work registration in accordance with 45 C.F.R. 261.2(n)(1)(ii).Section 5.
Conciliation.(1)
Conciliation shall be conducted:(a)
At the request of a work-eligible individual or a KWP participant;(b)
At the request of a service provider; or(c)
If a situation is identified that could result in a penalty pursuant to Section 7 of this administrative regulation.(2)
The conciliation shall be conducted by the cabinet or its designee.(3)
During conciliation, the cabinet or its designee shall determine if an additional service is needed to assist with KWP participation.(4)
(a)
During conciliation, participation shall be monitored for up to fifteen (15) days following the issuance of form "KW-204, KWP Conciliation".(b)
The fifteen (15) day period may be extended for an additional fifteen (15) days, if necessary, to determine if participation is in compliance with the terms of the conciliation.(5)
At the conclusion of the conciliation period, the participant shall be notified in writing of an adverse action in accordance with 921 KAR 2:046.Section 6.
Excused from Penalties.(1)
A work-eligible individual shall be excused from a penalty for failure to comply with KWP, pursuant to Section 7 of this administrative regulation, if one (1) of the following good cause criteria is met:(a)
The individual is a single custodial parent who has a demonstrated inability to obtain needed child care for a child under six (6) years of age. A demonstrated inability to obtain needed child care for a child under six (6) years of age shall be met if the single custodial parent cannot locate appropriate or affordable child care;(b)
Dependent care is not available for an incapacitated individual living in the same household as a dependent child;(c)
Child care is terminated through no fault of the individual;(d)
Child care does not meet the needs of the child, for example, a child with a disability;(e)
1.
The individual is unable to engage in employment or training for a mental or physical reason as verified by the cabinet; and2.
No reasonable accommodation or program modification exists;(f)
The individual is temporarily incarcerated or institutionalized for thirty (30) days or less;(g)
The cabinet determines there is discrimination by an employer and a formal complaint has been filed based on:1.
Age;2.
Race;3.
Sex or gender identity;4.
Color;5.
Sexual orientation;6.
Religion;7.
National origin or ancestry;8.
Disability;9.
Political belief; or10.
Reprisal or retaliation for prior civil rights activity;(h)
Work demand or condition renders continued employment unreasonable including:1.
Consistently not being paid on schedule; or2.
The presence of a risk to the individual's health or safety;(i)
Wage rate is decreased subsequent to acceptance of employment;(j)
The individual accepts a better job that, because of a circumstance beyond the control of the individual, does not materialize; or(k)
The work activity site is so far removed from the home that commuting time would exceed three (3) hours per day.(2)
The duration of good cause criteria may vary according to the individual's circumstance.Section 7.
Penalties.(1)
If a work-eligible individual fails to comply with a requirement of the KWP, the recipient shall be subject to a KWP and KTAP penalty. Failure to comply shall be found if the work-eligible individual:(a)
Fails without good cause, pursuant to Section 6 of this administrative regulation, to participate in a required activity, including:1.
An assessment interview;2.
An assessment; or3.
Self-sufficiency plan development including completion of KW-202;(b)
Fails without good cause, pursuant to Section 6 of this administrative regulation, to participate in a program activity in accordance with form KW-202;(c)
Refuses without good cause, pursuant to Section 6 of this administrative regulation, to accept employment;(d)
Terminates employment or reduces earnings without good cause, pursuant to Section 6 of this administrative regulation; or(e)
Fails to register for work unless an exception in Section 4(3) of this administrative regulation applies.(2)
(a)
Except for a requirement listed in paragraph (b) of this subsection:1.
A work-eligible individual who has failed to comply with a KWP requirement without good cause, pursuant to Section 6 of this administrative regulation, shall be penalized by reducing the amount of the assistance otherwise payable to the benefit group on a pro rata basis; or2.
Assistance otherwise payable to a benefit group consisting of a two (2) parent household shall be discontinued if neither the work-eligible individual who is a qualifying parent nor the other parent complies with a KWP requirement without good cause, pursuant to Section 6 of this administrative regulation.(b)
Assistance to the benefit group shall be denied if the work-eligible individual, fails, without good cause pursuant to Section 6 of this administrative regulation, to:1.
Keep an appointment for an assessment interview; or2.
Pursuant to Section 4 of this administrative regulation:a.
Complete an assessment; orb.
Register for work.(c)
The penalties in subsection (2)(a) of this section shall continue to be applied until the work-eligible individual complies with a program requirement.(3)
The penalties in subsection (2) of this section shall not be applied until after a conciliation procedure is conducted pursuant to Section 5 of this administrative regulation.Section 8.
Hearings and Appeals. An applicant or recipient of benefits pursuant to a program described herein who is dissatisfied with an action or inaction on the part of the cabinet shall have the right to a hearing pursuant to 921 KAR 2:055.Section 9.
Work Experience Program Training Site Agreement.(1)
A cost incurred by a training site agency because of participation in a WEP shall not be reimbursed.(2)
A WEP participant shall not be removed from training without prior notice to the Department for Community Based Services.(3)
A WEP participant shall not infringe upon the promotional opportunity of a currently employed individual.(4)
An individual shall not be subjected to discrimination, or denied training or employment or benefits, in the administration of, or in connection with, the training program because of:(a)
Race;(b)
Color;(c)
Religion;(d)
Sex or gender identity;(e)
Sexual orientation;(f)
Age;(g)
Disability;(h)
National origin or ancestry;(i)
Political belief or affiliation; or(j)
Reprisal or retaliation for prior civil rights activity.(5)
Prior to placement in a WEP activity, a WEP participant shall sign form "KW-241, WEP Training Site Agreement".(6)
A training site agency shall:(a)
Complete surveying or reporting relating to the operation of the training site agreement upon the request of the cabinet;(b)
Not displace a currently employed worker by a WEP participant, including a partial displacement including a reduction of the:1.
Hours of non-overtime work;2.
Wages; or3.
Employment benefits;(c)
Comply with 42 U.S.C. 12101 to 12213;(d)
Report a personnel problem to the departmental representative designated by the cabinet;(e)
Maintain accurate time and attendance records daily for a WEP participant;(f)
Verify time and attendance records for a WEP participant pursuant to Section 2(3) of this administrative regulation to ensure the WEP participant's compliance with subsection (7) of this section;(g)
Grant access for the Department for Community Based Services to the training site during working hours to counsel a participant and to monitor the site;(h)
Immediately report an injury to the designated representative;(i)
Conduct an investigation and submit a report upon the request of the Department for Community Based Services;(j)
Not encourage or require a WEP participant to take part in partisan political activity, or involve a WEP participant in partisan political activity;(k)
Maintain the confidentiality of information provided by or about a WEP participant who seeks or receives a service pursuant to form KW-241, except as authorized by law or in writing by a WEP participant;(l)
Hold the cabinet harmless from a loss, claim, expense, action, cause of action, cost, damage, and obligation arising from a negligent act or omission of the training site agency, its agent, employee, licensee, invitee, or WEP participant that results in injury to a person, or damage or loss relative to a person, corporation, partnership, or other entity;(m)
Provide:1.
Sufficient training to ensure development of appropriate skills;2.
New task after mastery of a skill; and3.
Adequate participation instruction and supervision at all times;(n)
Provide the participant a safe training place;(o)
Assure a participant, engaged in an activity not covered pursuant to 29 U.S.C. 651 to 678, is not required or permitted to receive training or a service in a building or surrounding, or under a training condition that is unsanitary, hazardous, or dangerous to the health and safety of the participant;(p)
Provide adequate material to complete a training activity in a safe environment; and(q)
Sign form KW-241 with the cabinet and the participant containing a statement of:1.
The conditions established by subsections (1) through (10) of this section; and2.
The period covered by the agreement, including the required weekly number of hours of participation.(7)
The WEP participant shall submit verification pursuant to Section 2(3) of this administrative regulation completed monthly in accordance with subsection (6)(e) and (f) of this section.(8)
If an amendment is made to the agreement, a new form KW-241 shall be issued.(9)
A WEP participant or WEP provider shall be notified in writing of discontinuance of a WEP placement on form KW-241.(10)
A WEP participant shall have the right to request an administrative hearing, in accordance with Section 8 of this administrative regulation, relating to a grievance or complaint.Section 10.
Incorporation by Reference.(1)
The following material is incorporated by reference:(a)
"KW-33, Verification of Kentucky Works Program Participation", 09/22;(b)
"KW-200, Kentucky Works Program Assessment", 09/22;(c)
"KW-202, KTAP Transitional Assistance Agreement", 09/22;(d)
"KW-204, KWP Conciliation", 09/22;(e)
"KW-241, WEP Training Site Agreement", 09/22; and(f)
"PA-4, Statement of Required Caretaker Services", 09/22.(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department for Community Based Services, 275 East Main Street, Frankfort, Kentucky 40621, Monday through Friday, 8 a.m. to 4:30 p.m. This material may also be viewed on the department's Web site at https://chfs.ky.gov/agencies/dcbs/Pages/default.aspx.HISTORY: (19 Ky.R. 2208; eff. 4-21-1993; Am. 20 Ky.R. 2916; 3199; eff. 6-2-1994; 21 Ky.R. 2315; 2711; eff. 4-19-1995; 24 Ky.R. 1175; 1742; 1892; eff. 3-16-1998; 25 Ky.R. 2013; 2625; eff. 6-16-1999; Recodified from 904 KAR 2:370, 7-8-1999; 26 Ky.R. 1728; 1982; eff. 6-12-2000; TAm eff. 10-27-2004; 32 Ky.R. 779; 1303; 1431; eff. 3-2-2006; 33 Ky.R. 1455; 1831; eff. 2-2-2007; 35 Ky.R. 1345; 1805; 2070; eff. 3-11-2009; 37 Ky.R. 1904; 2208; eff. 4-1-2011; TAm eff. 7-5-2012; 42 Ky.R. 602; eff. 11-18-2015; 49 Ky.R. 929, 1435; eff. 2-16-2023.)
MARTA MIRANDA-STRAUB, Commissioner
ERIC C. FRIEDLANDER, Secretary
APPROVED BY AGENCY: September 6, 2022
FILED WITH LRC: September 12, 2022 at 12:50 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall, if requested, be held on November 28, 2022, at 9:00 a.m. using the CHFS Office of Legislative and Regulatory Affairs Zoom meeting room. The Zoom invitation will be emailed to each requestor the week prior to the scheduled hearing. Individuals interested in attending this virtual hearing shall notify this agency in writing by November 17, 2022, five (5) workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who attends virtually will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on this proposed administrative regulation until November 30, 2022. Send written notification of intent to attend the public hearing or written comments on the proposed administrative regulation to the contact person. Pursuant to KRS 13A.280(8), copies of the statement of consideration and, if applicable, the amended after comments version of the administrative regulation shall be made available upon request.
CONTACT PERSON: Krista Quarles, Policy Analyst, Office of Legislative and Regulatory Affairs, 275 East Main Street 5 W-A, Frankfort, Kentucky 40621; phone 502-564-6746; fax 502-564-7091; email CHFSregs@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Laura Begin, Staff Assistant
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes criteria for the Kentucky Works Program (KWP). KWP is the work program for participants in the Kentucky Transitional Assistance Program (KTAP).
(b) The necessity of this administrative regulation:
KRS 205.2003 requires that a work program be prescribed for a recipient of KTAP. This administrative regulation is necessary to establish criteria for participating in KWP.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This administrative regulation conforms to KRS 194A.050, which authorizes the secretary of the Cabinet for Health and Family Services to promulgate administrative regulations necessary to qualify for federal funds and to cooperate with other state and federal agencies. The cabinet is required to implement the federal Temporary Assistance for Needy Families (TANF) program through KTAP pursuant to 45 C.F.R. 260-265.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation assists in the effective administration of the statutes by establishing technical eligibility requirements for participation in KWP, including weekly participation requirements, allowable activities, good cause reasons for failure to participate, exemption criteria from program participation, and penalties for failure to participate without good cause.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
The amendment updates definitions and provisions related to discrimination consistent with state and federal law and updates incorporated material to reflect updates in transportation needs and anti-discrimination provisions, clarify instructions, make grammatical corrections, update language, and include agency contact information. Material incorporated by reference is being amended to reflect changes in transportation and other support services provided to KWP participants, to make grammatical corrections, and to provide agency contact information on the forms.
(b) The necessity of the amendment to this administrative regulation:
This amendment is necessary to keep the administrative regulation from expiring pursuant to KRS 13A.3102 and 3104. The administrative regulation was reviewed for certification and determined to require updating.
(c) How the amendment conforms to the content of the authorizing statutes:
KRS 205.2003 requires that a work program be prescribed for a recipient of KTAP. The amendment still does this, but updates language and incorporated material.
(d) How the amendment will assist in the effective administration of the statutes:
This administrative regulation is necessary to remain in federal and state compliance for Kentucky to continue operation of KWP and KTAP.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
The Department for Community Based Services (DCBS) administers this program. As of April 2022, there were approximately 10,422 KTAP cases throughout Kentucky.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
There are not additional requirements for KWP participants in this amendment.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
There are no costs associated with this amendment.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Definitions and language used in this administrative regulation is being updated for consistent with other administrative regulations and state and federal law.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
There are no costs associated.
(b) On a continuing basis:
There are no costs associated.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
The implementation and enforcement of this administrative regulation is funded by the TANF Block Grant.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
There is no increase in fees or funding associated with this amendment.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This administrative regulation does not establish or increase any fees.
(9) TIERING: Is tiering applied?
Tiering is not applied because this administrative regulation will be applied in a like manner statewide.
FEDERAL MANDATE ANALYSIS COMPARISON
(1) Federal statute or regulation constituting the federal mandate.
45 C.F.R. 260-265.
(2) State compliance standards.
KRS 194A.050(1), 205.200(2), 205.200(7), 205.2003
(3) Minimum or uniform standards contained in the federal mandate.
This administrative regulation establishes the work program for recipients of Kentucky’s TANF program, KTAP. Operating a state program consistent with the rules of the Temporary Assistance for Needy Families Block Grant. Provide assistance to needy families so that children may be cared for in their own homes or in the homes of relatives; End the dependence of needy parents on government benefits by promoting job preparation, work, and marriage; Prevent and reduce the incidence of out-of-wedlock pregnancies and establish annual numerical goals for preventing and reducing the incidence of these pregnancies; and Encourage the formation and maintenance of two-parent families.
(4) Will this administrative regulation impose stricter requirements, or additional or different responsibilities or requirements, than those required by the federal mandate?
The amendment does not impose stricter requirements than those required by the federal mandate.
(5) Justification for the imposition of the stricter standard, or additional or different responsibilities or requirements.
N/A
FISCAL NOTE
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
The Department for Community Based Services will be impacted by this administrative regulation by administering the program.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
45 C.F.R. 260-265, KRS 194A.050(1), 205.200(2), 205.200(7), 205.2003
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
This administrative regulation does not generate revenue.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
This administrative regulation does not generate revenue.
(c) How much will it cost to administer this program for the first year?
The cabinet will utilize the administrative funds available under the federal TANF Block Grant to administer this program.
(d) How much will it cost to administer this program for subsequent years?
The cabinet will utilize the administrative funds available under the federal TANF Block Grant to administer this program.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation:
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
This administrative regulation does not generate cost savings.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
There are no cost savings associated with this amendment.
(c) How much will it cost the regulated entities for the first year?
There are no costs to regulated entities associated with this amendment. Participating in this program is required for KTAP recipients.
(d) How much will it cost the regulated entities for subsequent years?
There are no costs to regulated entities associated with this amendment.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
Expenditures (+/-):
Other Explanation:
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)] This administrative regulation does not have a major economic impact.
921 KAR 2:370.Technical requirements for Kentucky Works Program (KWP).
Section 1.
Definitions.(1)
"Affordable child care arrangements" means appropriate child care at a reasonable distance that is suitable and with a charge at or below the maximum provider payment rate pursuant to the Child Care and Development Fund (CCDF) plan.(2)
"Appropriate child care" means eligible child care as provided by an "eligible child care provider", pursuant to 45 C.F.R. Part 98.2.(3)
"Assessment" means the ongoing evaluation of an individual's strengths and needs relative to achieving self-sufficiency.(4)
"Assistance" is defined by 45 C.F.R. 260.31.(5)
"Barriers" means a limitation in an individual's ability to become employed and self-sufficient or to comply with KTAP(6)
"Community service activities" means "community service programs", as defined by 45 C.F.R. 261.2(h).(7)
"Conciliation" means a process in which a participation problem in the Kentucky Works Program can be resolved.(8)
"Domestic violence and abuse" is defined by KRS 403.720(2)(9)
"Family member" means an individual:(a)
Related by blood, marriage, or adoption to a child or a work-eligible individual, as defined by 45 C.F.R. 261.2(n), in the benefit group; or(b)
Who is a member of an unmarried couple and has a child in the benefit group in common with the work-eligible individual, as defined by 45 C.F.R. 261.2(n).(10)
"Full-time school attendance" means a workload of at least:(a)
The number of hours required by the individual program for participation in:1.
An adult basic education program;2.
A general educational development (GED) program; or3.
A literacy program;(b)
The number of hours required by the individual program for participation in a college or university; or(c)
The equivalent of paragraph (b) of this subsection in a college or university if other than a semester system is used; or(d)
The number of hours required by the individual high school or vocational school to fulfill the high school or vocational school's definition of full time.(11)
"Job search and job readiness assistance" is defined by 45 C.F.R. 261.2(g).(12)
"Job skills training directly related to employment" is defined by 45 C.F.R. 261.2(j).(13)
"Kentucky Transitional Assistance Program" or "KTAP"(14)
"Kentucky Works Program" or "KWP" means a program designed to assist eligible low-income families with a child living in the home with achieving greater self-sufficiency by assisting program participants(15)
"On-the-job training" is defined by 45 C.F.R. 261.2(f).(16)
"Part-time enrollment" means enrollment with a postsecondary institution at a minimum of half of full-time enrollment as defined by subsection (10)(17)
(18)
(19)
"Subsidized employment" is defined by 45 C.F.R. 261.2(c) and (d).(18)(20)
"Unsubsidized employment" is defined by 45 C.F.R. 261.2(b).(19)(21)
(22)
"Vocational education" means "vocational educational training" as defined by 45 C.F.R. 261.2(i).(20)(23)
"Work-eligible individual" is defined by 45 C.F.R. 261.2(n).(21)(24)
"Work Experience Program" or "WEP" means the definition of "work experience if sufficient private sector employment is not available" pursuant to 45 C.F.R. 261.2(e).Section 2.
Program Participation.(1)
Unless the KTAP(a)
1.
A one (1) parent household shall be required to participate in a specific activity pursuant to paragraph (c) of this subsection no less than the number of hours per week required in the activity, pursuant to subparagraph 2 of this paragraph.2.
The activity shall be required to have at least a minimum of thirty (30) hours per week, ten (10) hours of which may be satisfied through participation in an education or training activity pursuant to paragraph (c) 8, 9, and 11 of this subsection or in literacy or adult education.(b)
A two (2) parent household shall participate in a specific activity no less than the number of hours per week required in the activity, pursuant to this paragraph. The activity shall be required to meet the following requirements:1.
If the family participates in the Child Care Assistance Program pursuant to 922 KAR 2:1602.
If the family does not participate in the Child Care Assistance Program pursuant to 922 KAR 2:1603.
If an adult is needed to care for a child in the home with a severe disability4.
A two (2) parent household eligible for KTAP(c)
In accordance with 45 C.F.R. 261.2, to be in compliance with the participation requirement in KWP, a countable activity may include:1.
Unsubsidized employment;2.
Subsidized employment;3.
Work experience training;4.
On-the-job training;5.
Job search and job readiness assistance;6.
Community service activities;7.
Full-time enrollment, as defined by the educational institution or program, in post-secondary or vocational education not to exceed twelve (12) cumulative months;8.
Full or part-time enrollment, as defined by the educational institution or program, in postsecondary or vocational education at any time if combined with an activity pursuant to subparagraph 1 through 4 and 6 of this paragraph;9.
Attendance at secondary school or equivalent if the recipient:a.
Has not completed secondary school or equivalent; orb.
Couples the attendance with work or work activity in the amount of hours per week pursuant to paragraphs (a) and (b) of this subsection;10.
Provision of child care services to an individual participating in community service activities;11.
Job skills training directly related to employment; and12.
Based on the findings of the assessment, an allowable activity that includes:a.
Domestic violence and abuse counseling;b.
Life skills training;c.
A substance abuse program;d.
Mental health counseling;e.
Vocational rehabilitation;f.
Literacy;g.
Adult education; orh.
Another preparation or service:(i)
To address an individual's barriers; and(ii)
Approved in advance by the cabinet.(2)
Excused absences shall:(a)
Include:1.
Scheduled hours missed due to holidays; and2.
A maximum of ten (10) additional days or eighty (80) hours of excused absences in any twelve (12) month period with no more than two (2) days or sixteen (16) hours occurring in a month; and(b)
Count as actual hours of participation.(3)
To verify the actual number of hours of participation in approved activities, the KTAP(a)
A completed "KW-33, Verification of Kentucky Works Program Participation"; or(b)
A monthly calendar sheet or log that requires the signature of the person supervising the work-eligible individual.Section 3.
Exceptions to Program Participation.(1)
A work-eligible individual shall be considered to be engaged in work for a month in a fiscal year if the individual:(a)
Is a head of household;(b)
Has not obtained a high school diploma or a GED;(c)
Has not attained twenty (20) years of age; and(d)
1.
Maintains regular attendance and satisfactory progress at a secondary school or the equivalent during the month; or2.
Participates in education that is directly related to employment for at least twenty (20) hours a week while maintaining regular attendance and satisfactory progress.(2)
(a)
A work-eligible individual shall not be required to comply with a program participation requirement for up to twelve (12) months if the individual is:1.
A single custodial parent; and2.
Caring for a child who has not attained twelve (12) months of age.(b)
The twelve (12) months of exemption from a work participation requirement shall be limited to a total of twelve (12) months in a lifetime for the adult and may be:1.
Consecutive; or2.
Cumulative.(3)
(a)
For a work-eligible individual whose compliance with program participation would make it difficult to escape domestic violence and abuse or unfairly penalize the individual who is currently experiencing or is a survivor of(b)
If a KTAP(4)
A work-eligible individual shall be considered to be engaged in work for a month if the individual is:(a)
A single custodial parent or caretaker relative in the family with a child who has not attained six (6) years in age; and(b)
Engaged in work for an average of at least twenty (20) hours per week during the month pursuant to Section 2(1)(c) 1, 2, 3, 4, 5, 6, or 7 of this administrative regulation.(5)
In accordance with 45 C.F.R. 261.2(n)(2)(i), the cabinet shall exclude from program participation a parent providing care to a disabled family member as verified by the completion of the "PA-4, Statement of Required Caretaker Services".(6)
In accordance with 45 C.F.R. 261.2(n)(2), the cabinet shall exclude from program participation a parent who is a recipient of Social Security Disability Insurance (SSDI) benefits.(7)
(a)
If an individual with an ADA disability cannot participate in a countable work activity as specified in Section 2 of this administrative regulation.(b)
A reasonable accommodation or program modification may include:1.
Excused participation from an activity;2.
Participation for a reduced number of hours;3.
Participation in an activity for a longer period of time than is countable; or4.
Participation in an activity that is not countable in accordance with Section 2(1)(c)12 of this administrative regulation.(8)
An applicant of KTAPSection 4.
Program Participation Requirements.(1)
Assessment.(a)
The cabinet or its designee shall make an assessment of the work-eligible individual's employability on the "KW-200, Kentucky Works Program Assessment"(b)
The cabinet shall request another agency to assist in the assessment process if the need for a diagnostic assessment or an additional professional skill set is indicated.(c)
The assessment shall include consideration of:1.
Basic skills;2.
Occupational skills;3.
Barriers and other relevant factors;4.
An ADA disability; and5.
A reasonable accommodation or program modification needed for an individual with an ADA disability.(2)
The self-sufficiency plan. Based on the findings of the assessment, the cabinet or its designee and work-eligible individual shall jointly develop a self-sufficiency plan by completing the "KW-202, KTAP(a)
An employment goal for the individual;(b)
A service to be provided by the cabinet including child care;(c)
An activity to be undertaken by the individual to achieve the employment goal;(d)
A reasonable accommodation or program modification needed due to an ADA disability; and(e)
Other needs of the family.(3)
In accordance with KRS 205.200(7)(a), an adult applicant or recipient of the KTAP(a)
Under age eighteen (18);(b)
Age sixty (60) or over;(c)
Age eighteen (18) or nineteen (19) years old in full-time school attendance pursuant to 921 KAR 2:006, Section 3;(d)
Receiving benefits based on 100 percent disability;(e)
An individual who has received benefits based on 100 percent disability within the past twelve (12) months but lost the benefits due to income or resources and not an improvement in the disability;(f)
Employed thirty (30) hours or more per week at minimum wage or more; or(g)
Part of a federal Office of Refugee Resettlement (ORR) eligible population whose immigration status excludes or prohibits work registration in accordance with 45 C.F.R. 261.2(n)(1)(ii).Section 5.
Conciliation.(1)
Conciliation shall be conducted:(a)
At the request of a work-eligible individual or a KWP participant;(b)
At the request of a service provider; or(c)
If a situation is identified that could result in a penalty pursuant to Section 7 of this administrative regulation.(2)
The conciliation shall be conducted by the cabinet or its designee.(3)
During conciliation, the cabinet or its designee shall determine if an additional service is needed to assist with KWP participation.(4)
(a)
During conciliation, participation shall be monitored for up to fifteen (15) days following the issuance of form "KW-204, KWP Conciliation"(b)
The fifteen (15) day period may be extended for an additional fifteen (15) days, if necessary, to determine if participation is in compliance with the terms of the conciliation.(5)
At the conclusion of the conciliation period, the participant shall be notified in writing of an adverse action in accordance with 921 KAR 2:046.Section 6.
Excused from Penalties.(1)
A work-eligible individual shall be excused from a penalty for failure to comply with KWP, pursuant to Section 7 of this administrative regulation, if one (1) of the following good cause criteria is met:(a)
The individual is a single custodial parent who has a demonstrated inability to obtain needed child care for a child under six (6) years of age. A demonstrated inability to obtain needed child care for a child under six (6) years of age shall be met if the single custodial parent cannot1.
2.
3.
4.
(b)
Dependent care is not available for an incapacitated individual living in the same household as a dependent child;(c)
Child care is terminated through no fault of the individual;(d)
Child care does not meet the needs of the child, for example, a child with a disability;(e)
1.
The individual is unable to engage in employment or training for a mental or physical reason as verified by the cabinet; and2.
No reasonable accommodation or program modification exists;(f)
The individual is temporarily incarcerated or institutionalized for thirty (30) days or less;(g)
The cabinet determines there is discrimination by an employer and a formal complaint has been filed based on:1.
Age;2.
Race;3.
Sex or gender identity;4.
Color;5.
Sexual orientation6.
Religion7.
National origin or ancestry;8.
Disability;9.
Political belief; or10.
Reprisal or retaliation for prior civil rights activity;(h)
Work demand or condition renders continued employment unreasonable including:1.
Consistently not being paid on schedule; or2.
The presence of a risk to the individual's health or safety;(i)
Wage rate is decreased subsequent to acceptance of employment;(j)
The individual accepts a better job that, because of a circumstance beyond the control of the individual, does not materialize; or(k)
The work activity site is so far removed from the home that commuting time would exceed three (3) hours per day.(2)
The duration of good cause criteria may vary according to the individual's circumstance.Section 7.
Penalties.(1)
If a work-eligible individual fails to comply with a requirement of the KWP, the recipient shall be subject to a KWP and KTAP(a)
Fails without good cause, pursuant to Section 6 of this administrative regulation, to participate in a required activity, including:1.
An assessment interview;2.
An assessment; or3.
Self-sufficiency plan development including completion of KW-202;(b)
Fails without good cause, pursuant to Section 6 of this administrative regulation, to participate in a program activity in accordance with form KW-202;(c)
Refuses without good cause, pursuant to Section 6 of this administrative regulation, to accept employment;(d)
Terminates employment or reduces earnings without good cause, pursuant to Section 6 of this administrative regulation; or(e)
Fails to register for work unless an exception in Section 4(3) of this administrative regulation applies.(2)
(a)
Except for a requirement listed in paragraph (b) of this subsection:1.
A work-eligible individual who has failed to comply with a KWP requirement without good cause, pursuant to Section 6 of this administrative regulation, shall be penalized by reducing the amount of the assistance otherwise payable to the benefit group on a pro rata basis; or2.
Assistance otherwise payable to a benefit group consisting of a two (2) parent household shall be discontinued if neither the work-eligible individual who is a qualifying parent nor the other parent complies with a KWP requirement without good cause, pursuant to Section 6 of this administrative regulation.(b)
Assistance to the benefit group shall be denied if the work-eligible individual, fails, without good cause pursuant to Section 6 of this administrative regulation, to:1.
Keep an appointment for an assessment interview; or2.
Pursuant to Section 4 of this administrative regulation:a.
Complete an assessment; orb.
Register for work.(c)
The penalties in subsection (2)(a) of this section shall continue to be applied until the work-eligible individual complies with a program requirement.(3)
The penalties in subsection (2) of this section shall not be applied until after a conciliation procedure is conducted pursuant to Section 5 of this administrative regulation.Section 8.
Hearings and Appeals. An applicant or recipient of benefits pursuant to a program described herein who is dissatisfied with an action or inaction on the part of the cabinet shall have the right to a hearing pursuant to 921 KAR 2:055.Section 9.
Work Experience Program Training Site Agreement.(1)
A cost incurred by a training site agency because of participation in a WEP shall not be reimbursed.(2)
A WEP participant shall not be removed from training without prior notice to the Department for Community Based Services.(3)
A WEP participant shall not infringe upon the promotional opportunity of a currently employed individual.(4)
An individual shall not be subjected to discrimination, or denied training or employment or benefits, in the administration of, or in connection with, the training program because of:(a)
Race;(b)
Color;(c)
Religion;(d)
Sex or gender identity;(e)
Sexual orientation(f)
Age;(g)
Disability;(h)
National origin or ancestry;(i)
Political belief or affiliation; or(j)
Reprisal or retaliation for prior civil rights activity.(5)
Prior to placement in a WEP activity, a WEP participant shall sign form "KW-241(6)
A training site agency shall:(a)
Complete surveying or reporting relating to the operation of the training site agreement upon the request of the cabinet;(b)
Not displace a currently employed worker by a WEP participant, including a partial displacement including a reduction of the:1.
Hours of non-overtime work;2.
Wages; or3.
Employment benefits;(c)
Comply with 42 U.S.C. 12101 to 12213;(d)
Report a personnel problem to the departmental representative designated by the cabinet;(e)
Maintain accurate time and attendance records daily for a WEP participant;(f)
Verify time and attendance records for a WEP participant pursuant to Section 2(3) of this administrative regulation to ensure the WEP participant's compliance with subsection (7) of this section;(g)
Grant access for the Department for Community Based Services to the training site during working hours to counsel a participant and to monitor the site;(h)
Immediately report an injury to the designated representative;(i)
Conduct an investigation and submit a report upon the request of the Department for Community Based Services;(j)
Not encourage or require a WEP participant to take part in partisan political activity, or involve a WEP participant in partisan political activity;(k)
Maintain the confidentiality of information provided by or about a WEP participant who seeks or receives a service pursuant to form KW-241(l)
Hold the cabinet harmless from a loss, claim, expense, action, cause of action, cost, damage, and obligation arising from a negligent act or omission of the training site agency, its agent, employee, licensee, invitee, or WEP participant that results in injury to a person, or damage or loss relative to a person, corporation, partnership, or other entity;(m)
Provide:1.
Sufficient training to ensure development of appropriate skills;2.
New task after mastery of a skill; and3.
Adequate participation instruction and supervision at all times;(n)
Provide the participant a safe training place;(o)
Assure a participant, engaged in an activity not covered pursuant to 29 U.S.C. 651 to 678, is not required or permitted to receive training or a service in a building or surrounding, or under a training condition that is unsanitary, hazardous, or dangerous to the health and safety of the participant;(p)
Provide adequate material to complete a training activity in a safe environment; and(q)
Sign form KW-2411.
The conditions established by subsections (1) through (10) of this section; and2.
The period covered by the agreement, including the required weekly number of hours of participation.(7)
The WEP participant shall submit verification pursuant to Section 2(3) of this administrative regulation completed monthly in accordance with subsection (6)(e) and (f) of this section.(8)
If an amendment is made to the agreement, a new form KW-241(9)
A WEP participant or WEP provider shall be notified in writing of discontinuance of a WEP placement on form KW-241(10)
A WEP participant shall have the right to request an administrative hearing, in accordance with Section 8 of this administrative regulation, relating to a grievance or complaint.Section 10.
Incorporation by Reference.(1)
The following material is incorporated by reference:(a)
"KW-33, Verification of Kentucky Works Program Participation", 09/22(b)
"KW-200, Kentucky Works Program Assessment(c)
"KW-202, KTAP(d)
"KW-204, KWP Conciliation(e)
"KW-241(f)
"PA-4, Statement of Required Caretaker Services", 09/22(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department for Community Based Services, 275 East Main Street, Frankfort, Kentucky 40621, Monday through Friday, 8 a.m. to 4:30 p.m. This material may also be viewed on the department's Web site at https://chfs.ky.gov/agencies/dcbs/Pages/default.aspx.HISTORY: (19 Ky.R. 2208; eff. 4-21-1993; Am. 20 Ky.R. 2916; 3199; eff. 6-2-1994; 21 Ky.R. 2315; 2711; eff. 4-19-1995; 24 Ky.R. 1175; 1742; 1892; eff. 3-16-1998; 25 Ky.R. 2013; 2625; eff. 6-16-1999; Recodified from 904 KAR 2:370, 7-8-1999; 26 Ky.R. 1728; 1982; eff. 6-12-2000; TAm eff. 10-27-2004; 32 Ky.R. 779; 1303; 1431; eff. 3-2-2006; 33 Ky.R. 1455; 1831; eff. 2-2-2007; 35 Ky.R. 1345; 1805; 2070; eff. 3-11-2009; 37 Ky.R. 1904; 2208; eff. 4-1-2011; TAm eff. 7-5-2012; 42 Ky.R. 602; eff. 11-18-2015; 49 Ky.R. 929, 1435; eff. 2-16-2023.)
MARTA MIRANDA-STRAUB, Commissioner
ERIC C. FRIEDLANDER, Secretary
APPROVED BY AGENCY: September 6, 2022
FILED WITH LRC: September 12, 2022 at 12:50 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall, if requested, be held on November 28, 2022, at 9:00 a.m. using the CHFS Office of Legislative and Regulatory Affairs Zoom meeting room. The Zoom invitation will be emailed to each requestor the week prior to the scheduled hearing. Individuals interested in attending this virtual hearing shall notify this agency in writing by November 17, 2022, five (5) workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who attends virtually will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on this proposed administrative regulation until November 30, 2022. Send written notification of intent to attend the public hearing or written comments on the proposed administrative regulation to the contact person. Pursuant to KRS 13A.280(8), copies of the statement of consideration and, if applicable, the amended after comments version of the administrative regulation shall be made available upon request.
CONTACT PERSON: Krista Quarles, Policy Analyst, Office of Legislative and Regulatory Affairs, 275 East Main Street 5 W-A, Frankfort, Kentucky 40621; phone 502-564-6746; fax 502-564-7091; email CHFSregs@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Laura Begin, Staff Assistant
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes criteria for the Kentucky Works Program (KWP). KWP is the work program for participants in the Kentucky Transitional Assistance Program (KTAP).
(b) The necessity of this administrative regulation:
KRS 205.2003 requires that a work program be prescribed for a recipient of KTAP. This administrative regulation is necessary to establish criteria for participating in KWP.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This administrative regulation conforms to KRS 194A.050, which authorizes the secretary of the Cabinet for Health and Family Services to promulgate administrative regulations necessary to qualify for federal funds and to cooperate with other state and federal agencies. The cabinet is required to implement the federal Temporary Assistance for Needy Families (TANF) program through KTAP pursuant to 45 C.F.R. 260-265.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation assists in the effective administration of the statutes by establishing technical eligibility requirements for participation in KWP, including weekly participation requirements, allowable activities, good cause reasons for failure to participate, exemption criteria from program participation, and penalties for failure to participate without good cause.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
The amendment updates definitions and provisions related to discrimination consistent with state and federal law and updates incorporated material to reflect updates in transportation needs and anti-discrimination provisions, clarify instructions, make grammatical corrections, update language, and include agency contact information. Material incorporated by reference is being amended to reflect changes in transportation and other support services provided to KWP participants, to make grammatical corrections, and to provide agency contact information on the forms.
(b) The necessity of the amendment to this administrative regulation:
This amendment is necessary to keep the administrative regulation from expiring pursuant to KRS 13A.3102 and 3104. The administrative regulation was reviewed for certification and determined to require updating.
(c) How the amendment conforms to the content of the authorizing statutes:
KRS 205.2003 requires that a work program be prescribed for a recipient of KTAP. The amendment still does this, but updates language and incorporated material.
(d) How the amendment will assist in the effective administration of the statutes:
This administrative regulation is necessary to remain in federal and state compliance for Kentucky to continue operation of KWP and KTAP.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
The Department for Community Based Services (DCBS) administers this program. As of April 2022, there were approximately 10,422 KTAP cases throughout Kentucky.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
There are not additional requirements for KWP participants in this amendment.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
There are no costs associated with this amendment.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Definitions and language used in this administrative regulation is being updated for consistent with other administrative regulations and state and federal law.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
There are no costs associated.
(b) On a continuing basis:
There are no costs associated.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
The implementation and enforcement of this administrative regulation is funded by the TANF Block Grant.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
There is no increase in fees or funding associated with this amendment.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This administrative regulation does not establish or increase any fees.
(9) TIERING: Is tiering applied?
Tiering is not applied because this administrative regulation will be applied in a like manner statewide.
FEDERAL MANDATE ANALYSIS COMPARISON
(1) Federal statute or regulation constituting the federal mandate.
45 C.F.R. 260-265.
(2) State compliance standards.
KRS 194A.050(1), 205.200(2), 205.200(7), 205.2003
(3) Minimum or uniform standards contained in the federal mandate.
This administrative regulation establishes the work program for recipients of Kentucky’s TANF program, KTAP. Operating a state program consistent with the rules of the Temporary Assistance for Needy Families Block Grant. Provide assistance to needy families so that children may be cared for in their own homes or in the homes of relatives; End the dependence of needy parents on government benefits by promoting job preparation, work, and marriage; Prevent and reduce the incidence of out-of-wedlock pregnancies and establish annual numerical goals for preventing and reducing the incidence of these pregnancies; and Encourage the formation and maintenance of two-parent families.
(4) Will this administrative regulation impose stricter requirements, or additional or different responsibilities or requirements, than those required by the federal mandate?
The amendment does not impose stricter requirements than those required by the federal mandate.
(5) Justification for the imposition of the stricter standard, or additional or different responsibilities or requirements.
N/A
FISCAL NOTE
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
The Department for Community Based Services will be impacted by this administrative regulation by administering the program.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
45 C.F.R. 260-265, KRS 194A.050(1), 205.200(2), 205.200(7), 205.2003
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
This administrative regulation does not generate revenue.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
This administrative regulation does not generate revenue.
(c) How much will it cost to administer this program for the first year?
The cabinet will utilize the administrative funds available under the federal TANF Block Grant to administer this program.
(d) How much will it cost to administer this program for subsequent years?
The cabinet will utilize the administrative funds available under the federal TANF Block Grant to administer this program.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation:
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
This administrative regulation does not generate cost savings.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
There are no cost savings associated with this amendment.
(c) How much will it cost the regulated entities for the first year?
There are no costs to regulated entities associated with this amendment. Participating in this program is required for KTAP recipients.
(d) How much will it cost the regulated entities for subsequent years?
There are no costs to regulated entities associated with this amendment.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
Expenditures (+/-):
Other Explanation:
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)] This administrative regulation does not have a major economic impact.