Section R6-10-101. Definitions

The definitions in A.R.S. § 46-101 and the following definitions apply to this Chapter:

1.        “AHCCCS” means the Arizona Health Care Cost Con- tainment System.

2.        “Assessment” means the evaluation of a participant by a case manager, with the assistance of the participant, to determine employment potential, as well as services nec- essary to remove barriers to employment. The case man- ager will use the assessment to develop the participant’s employment plan.

3.        “At risk” means an individual who is either expecting a child or has a dependent child and is vulnerable to becoming TANF dependent based on one or more of the following factors. The individual:

a.         Has reading or math skills that are at or below ninth grade level;

b.        Has dropped out of school;

c.         Has a criminal record;

d.        Is homeless or a run-away youth;

e.         Has a mental or physical disability;

f.         Is pregnant;

g.        Is a victim of domestic violence;

h.        Has  received  services  from  a  domestic  violence shelter;

i.         Is income eligible for TANF;

j.         Has a WIA service delivery area designated barrier;

k.        Is a displaced homemaker;

l.         Is eligible for WIA programs

m.       Is attending school; or

n.        Other similar factors that place the family at risk.

4.        “Barrier” means a circumstance that, if not addressed, may prevent or delay participation in work activities. A barrier includes one or more of the following circum- stances, or any similar circumstance:

a.         A temporary physical or mental condition, including behavioral health issues of the participant or the par- ticipant’s family member for whom the participant is the primary caregiver;

b.        A physical or mental disability of the participant or the participant’s family member for whom the par- ticipant is the primary caregiver;

c.         A lack of transportation;

d.        A lack of child care;

e.         Limited English proficiency;

f.         A threat of domestic violence toward the participant, the participant’s family member, or the caregiver for a minor child, if the threat interferes with the partici- pant’s ability to participate in work activities;

g.        Illiteracy; insufficient education; lack of vocational skills; or

h.        An ongoing family crisis that interferes with the par- ticipant’s ability to participate in work activities.

5.        “Calendar week” means seven consecutive days begin- ning on Saturday.

6.        “Calendar year” means a 12-month period beginning Jan- uary 1 and ending December 31.

7.        “Case manager” means the Jobs employee who deter- mines the needs of an individual requesting or receiving services through Jobs.

8.        “Case Management” means the process through which Jobs determines the needs of the participant requesting or receiving services through Jobs. Appropriate services or benefits for participants are identified, planned, obtained, provided, recorded, monitored, and terminated, and fol- low-up is provided, as necessary and subject to budgetary constraints, in accordance with A.R.S. § 46-299.

9.        “Cash assistance program” means the state Temporary Assistance for Needy Families program established by 42

U.S.C. § 601 et seq.

10.     “Community resource” means a community, faith-based, or non-profit organization that provides services to the general public at no cost to the participant or Jobs.

11.     “Community service program” means an unpaid work activity that provides a service to the community or an organization.

12.     “Complaint” means a formal accusation or charge expressing dissatisfaction or a grievance with a service provider, an agency, or a Jobs action or decision.

13.     “Day” means a calendar day unless otherwise specified. If, under rule or statute, a deadline falls on a weekend day or a holiday, Jobs shall consider the deadline to fall on the next business day.

14.     “Department” means the Arizona Department of Eco- nomic Security.

15.     “Education directly related to employment” means reme- dial education, classes leading to a GED or high school diploma, and English for Speakers of Other Languages (ESOL).

16.     “Employment plan” means the document described in R6-10-108, prepared by the participant and the Program, which lists the steps required of the participant, the ser- vices to be provided by Jobs, and the referrals made to address barriers to participation to transition the partici- pant to economic independence.

17.     “Employment services” means vocational educational training, education directly related to employment, job skills training, and other similar training or education provided by a service provider or community resource to assist a participant in obtaining employment.

18.     “FAA” means the Family Assistance Administration, an administrative unit within the Department’s Division of Benefits and Medical Eligibility responsible for provid- ing cash assistance to eligible persons.

19.     “Fails to participate,” or “failure to participate,” means that a participant has not done one or more of the follow- ing, absent good cause:

a.         Participated in job readiness activities,

b.        Complied with the requirements in the participant’s employment plan, or

c.         Participated in work activities.

20.     “Full-time employment” means employment that is 40 hours per week or, if less, is regarded as full-time for a specific industry.

21.     “Functionally incapable” means a person who suffers a continuing inability to function in daily life activities due to life circumstances, including past physical or sexual abuse, insufficient education, nonexistent vocational skills, episodic depression, or emotional dysfunction.

22.     “GED” means general equivalency degree, which is a certificate awarded upon completion of a series of five tests that demonstrate high school skills equivalency.

23.     “Good cause” means one or more of the circumstances listed in R6-10-121(B).

24.     “Health care professional” means a licensed physician, registered nurse, or a licensed physician’s assistant.

25.     “Immediate threat of domestic violence” means a domes- tic violence situation that, in the perception of the partici- pant, is physically, mentally, or emotionally dangerous or harmful to the participant or any child living with the par- ticipant.

26.     “Job readiness assistance” means all activities, involving the Department and the participant, that prepare a partici- pant for work. These activities include: completion of an assessment, any additional assessments under R6-10- 107(E), and an employment plan; attendance at the Jobs Introduction Meeting; participation in an employment preparation program, which includes life skills, employ- ment, and job retention skills training; and any other Pro- gram requirement under this Article or a statute pertaining to assisting a participant in preparing for and obtaining employment.

27.     “Jobs” means the administrative unit within the Depart- ment’s Division of Employment and Rehabilitation Ser- vices that is responsible for administration of the Jobs Program, including providers under contract with the Department that provide Jobs case management and employment services.

28.     “Job search” means a structured activity in which partici- pants are required to actively seek employment by identi- fying employment opportunities, applying for employment, and participating in employment inter- views.

29.     “Job skills training” means training that enables a partici- pant to become proficient in an occupation or skill neces- sary to meet the participant’s employment goal.

30.     “Jobs Program services” means ongoing case manage- ment services offered to participants by Jobs.

31.     “JOBSTART” means the Department’s subsidized employment work activity in the public and private sec- tors.

32.     “JOBSTART employment” means the subsidized employment work activity for which participants are hired.

33.     “Licensed physician” means:

a.         Medical doctors,

b.        Doctors of osteopathy,

c.         Doctors of naturopathic medicine,

d.        Chiropractors,

e.         Psychiatrists,

f.         Board-certified psychologists, or

g.        Other personnel authorized to act on the physician’s behalf.

34.     “Mailing date” means one day after the date printed on the notice.

35.     “OJT” means on-the-job training, which is a paid training opportunity generally provided at a worksite for a speci- fied period.

36.     “Participant” has the meaning in A.R.S. § 46-101(15), and includes any recipient selected to participate in the Jobs Program.

37.     Primary activity” means a work activity that counts toward the work requirement.

38.     “Program” means the Jobs Program, as authorized by

A.R.S. § 46-299.

39.     “Program Administrator” means the Program Adminis- trator of the Employment Administration.

40.     “Recipient” has the meaning in A.R.S. § 46-101(17), and includes an individual who received assistance or ser- vices but is no longer eligible for cash assistance because of statutory time limits.

41.     “Regular employee” means an unsubsidized individual currently employed by an employer.

42.     “Sanction” means a reduction or termination of cash assistance, for all families, except TPEP families, who fail to participate in the Jobs Program without good cause.

43.     “Satisfactory attendance in high school or GED activi- ties” means that a participant who has not completed high school or received a GED is attending high school or par- ticipating in GED activities and meeting attendance requirements established by the school or GED program.

44.     “Satisfactorily participates in education directly related to employment” or “satisfactory progress” means that a par- ticipant is meeting, on a periodic basis, a consistent level of progress, based upon standards established by the edu- cational institution or program and approved by Jobs, in which the participant is enrolled for educational or train- ing activities.

45.     “Secondary activity” means a work activity that counts toward the work requirement only after the participant obtains the required number of hours of primary activity.

46.     “Services” means Jobs Program services, community resources, employment services, support services, or any other available service, subject to budgetary constraints.

47.     “Service provider” means an entity that is responsible for providing services to clients. This includes Jobs staff, an agency or organization, public or nonprofit, or a person awarded a grant or contract by the Jobs Program to pro- vide services to clients.

48.     “Subsidized employment” means employment in a public or private sector organization that receives a JOBSTART subsidy to offset the cost of wages (and possibly other employer-paid benefits) of an employee.

49.     “Supplemental payment” means an amount paid to a par- ticipant whose net wages are less than the combined ben- efit amount of cash assistance and food stamps for which the participant is eligible.

50.     “Support services” means services provided to a Jobs par- ticipant that facilitate the participant’s ability to partici- pate in work activities, accept and maintain employment, and successfully make the transition to employment. Examples of support services include child care and transportation.

51.     “Temporary Assistance for Needy Families” or “TANF” has the meaning in A.R.S. § 46-101(22).

52.     “Teen custodial parent” means a parent age 13 through 19 years, who is caring for that parent’s own child.

53.     “TPEP” means the Two-Parent Employment   Program that provides cash assistance for a two-parent family if:

a.         The parents have at least one child in common;

b.        Neither parent is permanently disabled; and

c.         The primary wage-earning parent is unemployed or underemployed.

54.     “Transportation-related expenses” means travel costs that a participant will incur because of participation in the Jobs Program.

55.     “Unaffordable child care” means that child care is not affordable to a family because the cost of care is more than the Department will pay.

56.     “Unavailable child care” means that:

a.         The location of a child care provider is at a distance that requires a one-way travel time by vehicular transportation equal to or greater than one hour, measured from the participant’s residence to the child care provider and then to work, or if walking, a distance that requires a one-way travel time equal to or greater than 1/2 hour, measured in the same man- ner;

b.        Child care providers do not have available slots or vacancies;

c.         Child care providers cannot provide services to a child with a disability who has special needs;

d.        Child care providers related to the child are unavail- able or unwilling to provide care;

e.         Child care is available through a non-relative pro- vider, but the provider is unwilling to apply for DES certification; or

f.         A child age 13 or older requires adult supervision:

i.         Due to a disability, which includes mental health or other health-related issues;

ii.        Because the child would be harmful to himself, herself, or others if left alone; or

iii.      Because the child is on court-ordered probation that requires the child to remain in the home or under house arrest.

57.     “Unsubsidized employment” means all paid employment in the public or private sector except JOBSTART or OJT.

58.     “Unsuitable child care” means that child care is available through a provider, but the participant declares in writing that the provider is unsuitable based on factors, such as the following. The provider:

a.         Has a history of child neglect or abuse;

b.        Is experiencing domestic violence;

c.         Has a history of serious crime;

d.        Is a drug abuser;

e.         Has an emotional, mental, or physical condition that prevents the provider from providing safe care;

f.         Resides in a home that is unsafe for children; or

g.        Possesses similar attributes that render the provider unsuitable to furnish child care services.

59.     “Verification” means any documentation that substanti- ates an individual’s claim.

60.     “Vocational educational training” means training that is intended to result in a degree, certificate, or license. Voca- tional educational training includes hours spent studying for vocational coursework, as provided in R6-10-116(E). Examples of vocational educational training include post- secondary education, as limited by A.R.S. § 46-299(B), and training in such professions as carpentry, auto mechanics, nursing, or certified public accountancy.

61.     “WIA” means the federal Workforce Investment Act of 1998.

62.     “WIA local workforce investment area designated bar- rier” means that a participant has a barrier to employment as determined by a WIA service provider.

63.     “Withholding” means retention of semi-monthly TPEP cash assistance payments for TPEP parents who fail to participate or comply with Jobs Program requirements without good cause.

64.     “Work activities” means activities that are countable toward the federal work participation rate as prescribed in 42 U.S.C. 607:

(a)     Unsubsidized employment;

(b)     Subsidized private or public sector employment;

(c)      Work experience;

(d)     On-the-job training;

(e)      Job search and job readiness assistance;

(f)       Community service programs;

(g)     Vocational educational training;

(h)     Job skills training directly related to employment;

(i)       Education directly related to employment, in  the case of a recipient who has not received a high school diploma or a certificate of high school equiv- alency;

(j)       Satisfactory attendance at secondary school or in a course of study leading to a certificate of general equivalence, in the case of a recipient who has not completed secondary school or received such a cer- tificate, as described in A.R.S. § 46-101(24)(j).

65.     “Workday” means Monday through Friday, excluding Arizona state holidays.

66.     “Work experience” means unpaid work in the public or private sector that helps a participant establish a good work record and develop good work habits and skills, and provides opportunities for the participant to transition into paid employment.

67.     “Work requirement” means the minimum number of hours required for a Jobs participant to participate in work activities as a condition of eligibility for cash assis- tance.

Historical Note

Adopted effective January 10, 1977 (Supp. 77-1).

Amended effective July 27, 1983 (Supp. 83-4). Section repealed, new Section adopted effective June 6, 1995 (Supp. 95-2). Section repealed; new Section adopted effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Amended by final rulemaking at 11 A.A.R. 5371, effective January 14, 2006 (05-4).