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16.4.1  Determining a Financial Penalty

W-2 Groups may have a financial penalty imposed if all of the following conditions are met:

  1. The child continues to fail to meet the school attendance requirement;
  2. Individuals assigned activities on the Learnfare Case Management Plan have failed to cooperate;
  3. Good cause for failing to cooperate with case management has not been presented; and
  4. A Fact Finding Review was not requested within 10 days from the Learnfare Penalty Notification date.

The following groups are required to participate in case management, but are not subject a financial penalty for failure to cooperate:

The financial penalty is $50 per month per child, not to exceed $150 per W-2 Group per month.  If a financial penalty is entered into CARES for a CSJ or W-2 T position, a notice will be sent indicating that the W-2 payment may be reduced for a Learnfare financial penalty.  If a financial penalty is imposed on a Trial Job, a letter will be sent to the parent indicating that a Learnfare financial penalty must be paid.  

The notice or letter will inform the participant that they have 10 days to request a Fact Finding Review from the date on the notice.  A penalty cannot be imposed during that 10 day time period.  If the participant requests a Fact Finding Review within the 10 day period, the FEP must not impose a penalty until after the Fact Finding decision is determined, unless the participant withdraws the petition in writing or abandons the petition.  (See 12.2.1)

A financial penalty must take effect in the next possible benefit month after the sanctionable event has occurred.  The FEP or Learnfare Case Manager may impose a financial penalty every month until the sanctionable event is cured.

A financial penalty must not be imposed on children who voluntarily continue to participate in Learnfare case management.

 

 

This page last updated in Release # 11-03
Release Date:  06/15/11
Effective Date:  06/15/11