11.4.2 Prior To Closing a Case for Noncooperation

Prior to closing a case for noncooperation with program requirements, the FEP must:

2. Provide written notice to the W-2 participant of the proposed case closure and of the reasons for the proposed closure; and

3. Allow the participant reasonable time to rectify the deficiency, failure or other behavior to avoid the proposed case closure.

11.4.2.1 Exploring Potential Barriers

W-2 informal assessment policy requires FEPs to conduct ongoing informal assessments, which includes the need to discuss with the participant any underlying causes of noncooperation. (See Chapter 5) The FEP must explore potential barriers that may be interfering with a participant’s ability to cooperate and take steps to address those barriers prior to closing a W-2 case for noncooperation reasons.

1. Initiate action to uncover why the participant has not completed the required activity in the event that unidentified barriers exist. FEPs must document thoroughly in PIN comments as well as on the appropriate WWP pages actions taken to uncover barriers that may be contributing to the noncooperation or other good cause reasons for failing to cooperate.

· Ask the participant why he or she has not been cooperating and then fully explore the responses. For example, if the participant says, “I have been busy,” the FEP should follow up with probing questions. The FEP should continue to question until there is reasonable certainty that the participant has offered all possible reasons for not cooperating.

· Provide the participant with information on how to cooperate with program requirements and the consequences for ongoing noncooperation.

· Review the history of the case, including the WWP Informal Assessment results and any formal assessments, to determine if any issues were identified early on in the participant’s connection with W-2 that may still be a factor affecting cooperation.

· Review the Employability Plan to ensure that activities assigned are appropriate. Appropriate activities may include, but not be limited to, education, training, work, treatment, counseling, etc. These activities must be individually designed and based on the participant’s strengths, needs, abilities, family circumstances and identified barriers and disabilities. Activities must be designed to assist the participant overcome barriers to employment and provide the skills needed to secure and maintain full-time employment.

· Talk with worksite supervisors and other individuals the participant may be working with such as a child welfare worker or other social service providers.

· Refer the participant to supportive services that are appropriate for assisting with overcoming barriers and work towards finding and maintaining employment.

· Refer the participant for formal assessments in order to identify necessary accommodations.

Although payment reductions are not necessary prior to all case closures, e.g., failing to verify information, it is required prior to closing a case for noncooperation with job search.

11.4.2.2 Rectifying Noncooperation Prior to Case Closure

In addition to exploring potential barriers, if a participant’s case is going to close for noncooperation, the W-2 agency must:

1. Provide written notice to the W-2 participant of the proposed case closure and the reason for the case closure; and

2. Allow the participant reasonable time to rectify the deficiency, failure or other behavior to avoid the proposed W-2 payment reduction. Rectifying means that the participant is given one last opportunity to present good cause for failing to cooperate or to present late documentation of completed assigned activities.

The FEP must issue the Notice of Noncooperation with W-2 Requirements (CWW letter NWNC) and must give the participant one last opportunity to present good cause for failing to cooperate.

The FEP must manually issue NWNC via CWW prior to generating a Notice of Eligibility. The FEP must mark the correct noncooperation reason on NWNC and enter the date of noncooperation (see 11.4.2.1). The letter informs the participant to contact the worker as soon as he or she receives it to explain why the noncooperation occurred. If the participant is claiming good cause, the FEP determines whether the reason for the noncooperation meets any of the good cause reasons and whether to require written verification of good cause (called “proof of good cause” in the letter). (See 11.2.2)

Because the participant may have to provide written verification, the letter includes the date by which the verification would need to be provided, if necessary. The participant is given 7 working days to provide written verification of good cause. The next working day after the mailing date is day 1. For example, if the mailing date of the letter is Friday, October 12, 2018 the date by which the individual needs to provide written verification is Tuesday, October 23, 2018. The verification due date cannot be extended from 7 working days to 30 days. (See 11.2.4.2) The date provided on NWNC is the final date any verification can be received.

If the participant is submitting late documentation of completed assigned activities, the documentation must be for the dates that the activity was assigned on the Employability Plan.

In the case of a missed EP review appointment, the individual must be allowed to make the appointment up within the 7 working days from the date of the CWW letter NWNC. It is assumed in this scenario that the participant missed an EP review appointment that was scheduled prior to the expiration. The written notice will instruct the participant to contact the worker to reschedule. If the participant calls, the W-2 agency must re-schedule the EP meeting. NWNC informs the participant that if the participant does not appear for the re-scheduled appointment, the case will close unless good cause for the missed appointment exists. In order for the agency to reschedule a missed EP review appointment, the participant does not have to have had good cause for missing the first EP review appointment.

If the participant does not comply with what is requested within the 7-working-day timeframe or if the FEP determines that good cause does not exist for the noncooperation, the worker must generate the case closure and CARES will issue the appropriate Notice of Eligibility. The FEP must not end the participant’s W-2 placement until the last day of the 7-working-day timeframe even if the FEP determines prior to the last day of the 7-day timeframe that good cause does not exist. If the participant did not appear for a rescheduled EP review appointment, the FEP must not end the participant’s W-2 placement until the last day of the 7-working-day timeframe or the date the EP expires, whichever is later. The Notice of Eligibility contains information on filing a Fact Finding Review if the participant does not agree with the decision.

If a participant reapplies after his or her case has closed due to noncooperation and now he or she has written verification of good cause, agencies must not apply the nonfinancial eligibility policy regarding cooperating with the W-2 agency within 180-days of application. (See 2.2.1)

EXAMPLE 1: During a review, a participant failed to verify her assets. Prior to initiating the case closure, the FEP first took steps to explore potential barriers that may be interfering with a participant’s ability to cooperate. The worker then generated the Notice of Noncooperation with W-2 Requirements, which gave the participant 7 working days to submit the verification and specified the due date. The worker did not hear from the participant and initiated the case closure. The Notice of Eligibility was sent to the participant notifying the participant of the impending case closure and the right to a Fact Finding Review if she disagreed with the decision.

EXAMPLE 2: A participant’s EP was going to expire on December 16. The participant missed an EP review appointment without good cause on December 2. Prior to initiating the case closure, the FEP first took the steps to explore potential barriers that may be interfering with a participant’s ability to cooperate. The worker then generated the Notice of Noncooperation with W-2 Requirements (NWNC), which informed the participant that she should contact her worker by December 14 (last day of the 7-working day timeframe) for a final EP review appointment. The worker did not hear from the participant and initiated the case closure. The worker ended the placement on WPWW as of December 16 because the EP expiration date was later than the last day of the 7-working-day timeframe. The Notice of Eligibility was sent to the participant notifying the participant of the impending case closure and the right to a Fact Finding Review if she disagreed with the decision.

EXAMPLE 3: A participant had an ongoing pattern of failing to complete job search without good cause. Despite the FEPs interaction with the participant to uncover potential barriers and applying payment reductions, the participant continued to not participate with job search requirements. Prior to initiating the case closure, the FEP made one last attempt to explore potential barriers that may be interfering with a participant’s ability to cooperate. Still, there were no reasons given for the missed activities. The worker then generated the Notice of Noncooperation with W-2 Requirements, which informed the participant that she should contact her worker. The participant then called the worker and said that she was diagnosed with ulcers and that was causing her to miss her assigned job search activities. The participant was able to provide the FEP with the appropriate medical documentation supporting the diagnosis and the FEP did not close the case. The FEP updated the participant’s assigned activities and the employability plan to reflect the ongoing medical attention that was needed to help the participant recover from the ulcers.