11.6.2  Prior to Closing a Case for Refusal to Participate

11.6.2.1 Exploring Potential Barriers Refusal to Participate

11.6.2.2 Notice of Refusal to Participate

11.6.2.3 Rectifying Refusal to Participate Prior to Case Closure

Prior to closing a case for refusal to participate, the FEPFinancial and Employment Planner must explore potential Barriers that may be interfering with a participant’s ability to participate in W-2 and take steps to address those barriers. (See 11.1)

11.6.2.1 Exploring Potential Barriers to Refusal to Participate

W-2 Participants are required to participate in all assigned activities in their W-2 Employability Plan (EP) and cooperate with W-2 program requirements.

When a participant does not comply with assigned activities or does not cooperate with specific program requirements, W-2 nonparticipation and noncooperation policies require the FEP to work with the participant to:

1. Identify potential barriers related to their missed activities; (See 11.1)

2. Identify needed accommodations or modifications that will help them to participate; and

3. Provide services and supports needed for them to participate in appropriately assigned activities and to develop the skills and resources they need to manage issues that arise so they do not continue to miss activities without good cause. (See 11.3.1 and 11.5.2.1)

The refusal to participate policy does not replace nonparticipation and noncooperation policies (See 11.4 and 11.5); however, the FEP must still follow the same policies and procedures for initiating action to uncover barriers and take steps to address the barriers that may have caused the refusal to participate.

11.6.2.2 Notice of Refusal to Participate

The W-2 Notice of Refusal to Participate (W2RP) letter is generated via a nightly batch process and mailed to the participant.

The W2RPW-2 Notice of Refusal to Participate letter is intended to give the participant one last opportunity to present good cause for refusing to participate and encourages the participant to contact the worker as soon as they receive it to explain why the refusal to participate occurred.

11.6.2.3 Rectifying Refusal to Participate Prior to Case Closure

In addition to exploring potential barriers, if a participant’s case is going to close due to a refusal to participate, 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 seven working days to rectify the discrepancy and avoid the proposed case closure.

The FEP must create a record of all refusal to participate occurrences in CWWCARES Worker Web, including:

• The individual who demonstrates the refusal to participate,

• The date of occurrence, and

• The reason(s) for the refusal to participate.

The participant has seven working days to provide good cause.

The due date for submitting good cause for refusing to participate cannot be extended from seven working days to 30 days. The seventh working day is the final date any good cause can be received. See table for example scenario.

If the participant provides a valid good cause reason by the good cause due date:

• The FEP must delete the refusal to participate record in CWW so W-2 eligibility is not impacted.

If the participant does not provide good cause by the due date, or the FEP determines that good cause does not exist:

• The FEP must run eligibility to generate the case closure. CARES will issue the appropriate Notice of Eligibility after eligibility is run.

(See Operations Memo 18-13 for instructions on entering a W-2 Refusal to Participate record in CWW)

History: Release 24-07; Release 21-07.