16.4.1  Determining a Financial Penalty

A W-2 participant in the CSJ, W-2 T or TMP placement 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 if the student is either determined to be a habitual truant or is not enrolled in school;

2.             Individuals assigned activities on the Learnfare Case Management Plan have failed to cooperate with case management;

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 children are required to participate in case management, but the W-2 participant in their group are not subject to a financial penalty for failure to cooperate:

·        Minor Parents enrolled in school;

·        Returning Dropouts; and

·        A child whose W-2 group includes a participant who has been unable to participate in required assigned activities due to the child’s school-related problems.

EXAMPLE: Mia is a minor parent. Mia continues to go to school and maintains regular school attendance. Mia was participating in the required Learnfare case management but missed her last scheduled case management appointment. She did not contact the FEP to reschedule the appointment. The FEP sends a notice that requires Mia to contact the FEP and schedule a new time to meet. Mia failed to contact the FEP by the due date on the notice. Although Mia is a minor parent and must participate in mandatory Learnfare case management, the FEP cannot impose a financial penalty because she is a minor parent enrolled in school and maintains regular school attendance.

 

If the following children fail to cooperate with case management, the W-2 participant in their group is subject to a financial penalty:

·        Children between the ages of 6 and 17 not enrolled in school, including Minor Parents;

·        Habitual Truants; and

·        Dropouts.

EXAMPLE: Last semester, Lucy missed eight (8) days of school without an acceptable excuse, which meets the definition of a habitual truant. She started participating in Learnfare case management and developed a plan to improve her attendance. This semester she continues to skip school. Lucy has missed five (5) days without an acceptable excuse. She also stopped coming to case management and did not contact the FEP to reschedule her appointment. The FEP sends a written notice for Lucy and her mom to contact the FEP within five (5) working days of the notice date. If they do not contact the FEP, a financial penalty may be imposed in the next possible payment month.

 

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 CWW for a CSJ, TMP, or W-2 T placement, a notice will be sent indicating that the W-2 payment may be reduced for a Learnfare financial penalty.

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.

 

 

History: Release 16-01; Release 13-03.