Section 2665.10  Legislative Base

 

a)         On August 22, 1996, the President signed the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA), a comprehensive welfare reform bill, under which the Temporary Assistance to Needy Families (TANF) program was established to supersede the Aid to Families with Dependent Children (AFDC) welfare program, the Job Opportunities and Basic Skills (JOBS) Training program and the Emergency Assistance (EA) program.  The TANF program at Section 401(a) of the Social Security Act established the following objectives:

 

1)         provide assistance to needy families so that children may be cared for in their own homes or in the homes of relatives;

 

2)         end the dependence of needy parents on government benefits by promoting job preparation, work, and marriage;

 

3)         prevent and reduce the incidence of out-of-wedlock pregnancies and establish annual numerical goals for preventing and reducing the incidence of these pregnancies; and

 

4)         encourage the formation and maintenance of two-parent families.

 

b)         On August 5, 1997, the President signed the Balanced Budget Act of 1997. This legislation amended certain TANF provisions of the Social Security Act and authorized the Secretary of Labor to provide Welfare-to-Work (WtW) grants to states and local communities for transitional employment assistance to move the hard-to-employ TANF welfare recipients into unsubsidized jobs and economic self-sufficiency.

 

Section 2665.20  Definitions

 

The definitions specified in the U.S. Department of Labor Interim Rules on Welfare-to-Work (Federal Register, 11/18/97, 20 CFR 645) are applicable.

 

            AFDC means Aid to Families with Dependent Children.

 

            Authorized to Work in the United States means participation in programs and activities that are limited to United States citizens, lawfully admitted permanent resident aliens, lawfully admitted refugees and parolees, and other persons authorized by the Attorney General to work in the United States.

 

            Chief Elected Official (CEO) means:

 

            the chief elected official of the sole unit of general local government in the service delivery area;

 

            the individual or individuals selected by the chief elected officials of all units of general local government in such area as their authorized representative; or

 

            in the case of a service delivery area designated under section 101(a)(4)(A)(iii) of the Job Training Partnership Act, the representative of the chief elected official for such area (as defined in section 4(4)(C) of the Job Training Partnership Act).

 

            Department means the Illinois Department of Commerce and Community Affairs (DCCA).

 

            DHS means the Illinois Department of Human Services.

 

            DPA means the Illinois Department of Public Aid.

 

            Exceeded TANF Duration Limit means an individual who would otherwise be eligible to receive TANF assistance but is no longer receiving such assistance because the individual has reached the federal or State limit on receipt of assistance.

 

            GED means a certificate of General Equivalency Degree.

 

            HHS means the United States Department of Health and Human Services.

 

            IETC means Illinois Employment and Training Center.

 

            Job Training Partnership Act (JTPA) means Public Law 97-300, as amended, 29 USC 1501, et seq.

 

            Limited Education means an individual who has not completed secondary school or obtained a GED degree, and has reading or mathematics skills at or below grade level 8.9.

 

            Long-term TANF Recipient means an individual who has received assistance under the TANF program or its predecessor, AFDC, for at least 30 months (whether or not consecutive).

 

            Non-custodial Parent means a person who meets each of the following requirements:

 

            is a non-custodial parent of a minor child;

 

            the minor child's custodial parent, or the minor child, is a TANF recipient; and

 

            meets the Welfare-to-Work criteria.

 

            Pending TANF Termination means the individual will, within 12 months, become  ineligible for TANF assistance by reason of a durational limit on such assistance, without regard to any exemption that may apply to the individual under Section 408(a)(7)(C) of the federal Interim Final Rule.

 

            Poor Work History means having worked no more than 13 consecutive weeks in unsubsidized full-time employment in the prior 12 calendar months.

 

            Private Industry Council (PIC) means the council established pursuant to Section 102 of the Job Training Partnership Act (29 USC 1512, December 31, 1982).

 

            Resident of Service Delivery Area (SDA) means participants must be residents of the SDA's jurisdiction.

 

            Service Delivery Area (SDA) means an area comprised of one or more units of general local government designated by the Governor pursuant to Section 101(a)(4) of the Job Training Partnership Act.

 

            Temporary Assistance for Needy Families (TANF) means a program established under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law 104-193.

 

            USDOL means the United States Department of Labor.

 

            Welfare-to-Work Administrative Agency means the legal entity (e.g., governmental, educational, or community-based organization)  selected by the JTPA Private Industry Council to serve as grant recipient for Welfare-to-Work funds.

 

            Welfare-to-Work (WtW) Block Grant Program means the Welfare-to-Work grant provisions of Title IV, Part A of the Social Security Act, as amended by the Balanced Budget Act of 1997.

 

Section 2665.30  Allocation of Funds

 

Pursuant to the requirements of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended by the Balanced Budget Act of 1997, the following formula will be used by the Department of Commerce and Community Affairs to allocate 85 percent of the funds allotted to the State under the Welfare-to-Work Block Grant Program.  Allocations shall be made on the basis of Service Delivery Areas (SDAs) designated under the Federal Job Training Partnership Act (JTPA).

 

a)         Preliminary Allocation:  A preliminary allocation shall be made for all JTPA SDAs using the following criteria and weights:

 

1)         Excess Poverty:  50% shall be allocated in proportion to the number by which the population of the SDA with an income that is less than the poverty line exceeds 7.5% of the total population of the SDA, relative to such number of all SDAs in the State with an excess.

 

2)         Long Term Recipients: 50% shall be allocated in proportion to the number of individuals residing in the SDA who have been welfare recipients under the Temporary Assistance to Needy Families program (TANF) and/or the predecessor program, Aid to Families with Dependent Children (AFDC), for at least 30 months relative to such individuals residing in the State.

 

b)         Final Allocation:  Pursuant to the requirements of the Federal Balanced Budget Act of 1997, in the event that the preliminary allocation for an SDA is less than $100,000, such preliminary allocations shall be excluded from the final allocation and reduce the total amount of funds allocated by substate formula.  These funds shall be added to the remaining 15% of the grant funds for projects that appear likely to help long-term recipients of TANF assistance enter unsubsidized employment.

 

Section 2665.40  Allowable Programs and Activities

 

a)         The following are the authorized programs and associated activities for the Illinois Welfare-to-Work Block Grant Program.

 

1)         Job Search/Job Readiness Program includes:

 

A)        job search, which means a structured search for a job, including counseling, job seeking skills training, and information obtained individually or in a group setting; and

 

B)        job readiness assistance, which consists of classroom or group activities designed to help an individual obtain and maintain employment.  Under TANF, job readiness services and job search activities contain a combined service limit of four consecutive weeks, or six weeks total in a 12 month period.

 

2)         Job Placement Services Program involves the direct placement of the participant in an unsubsidized position.  Allowable Activities include:

 

A)        unsubsidized private sector employment, which means employment in the private sector not financed from federal or State funds; and

 

B)        unsubsidized public sector employment, which means employment in the public sector not financed from federal or State funds for Welfare-to-Work purposes.

 

3)         Work Testing Program, which is no more than a 30-day fully subsidized trial period during which the employer can observe the WtW participant in a work setting, and the participant can test his/her job readiness skills while receiving support services and counseling.  The employer is expected to hire the client upon completion.  Work Testing may be repeated if necessary but participants are limited to a total of six months subsidized employment during participation in this program.  Allowable Activities include:

 

A)        subsidized private sector employment, which means employment in the private sector partially or fully supported by federal or State funds, limited to six months in length; and

 

B)        subsidized public sector employment, which means employment in the public sector partially or fully supported by federal or State funds, limited to six months in length.

 

4)         Community Service Program involves unpaid service at a public or private, not-for-profit work site.  Allowable Activities include:

 

A)        community service programs, which are unpaid work assignments with public or private, not-for-profit employers, organizations and governmental agencies; and

 

B)        providing child care services, which means provision of child care services for an individual participating in a community service program.

 

5)         Paid Work Experience Program involves paid, subsidized service at a public or private, not-for-profit worksite, limited to six months in length.

 

6)         On-The-Job Training Program (OJT), which is training at a private or public sector worksite provided to a participant who has been referred to and hired by the employer.  OJT occurs while the participant is engaged in productive work that provides knowledge and skills essential to the full and adequate performance of the job.  OJT may be sequenced with, or accompanied by, other types of training such as classroom training or literacy training.  OJT placements are limited to six months in length, unless participation is less than 500 hours in duration.

 

7)         Post Employment Educational Program includes, but is not limited to, basic educational skills training, occupational skills training, or English as a second language training.  Allowable activities include:

 

A)        vocational education training, which means classroom or other group training activities whose purpose is to increase or develop the vocational skills of a participant;

 

B)        job skills training directly related to employment, which means individual, classroom, or other group training activities developed to help employed participants remain on the job or enable them to upgrade existing skills;

 

C)        education directly related to employment for individuals with no high school diploma or GED, which means educational activities developed to help employed participants, who lack a high school diploma or GED, retain a job; and

 

D)        satisfactory school attendance for individuals with no high school diploma or GED, which means satisfactory school attendance, as determined by the SDA in cooperation with the local school system.

 

8)         Post Employment Job Retention Services Program, which means any post-employment services that are not educational in nature, including:

 

A)        work regimen acclamation, which means the process of getting a participant to understand what work he/she is to perform; who will provide instructions and work orders; the starting, break, meal and stopping times; when his/her first and subsequent paychecks will be received; procedures for leaving the work area for personal, telephone or other purposes; and other work rules not provided by the employer;

 

B)        stress coping, which means the application of remedies to remove or ease the personal stress experienced by participants in their work environment. This stress may be brought on by interactions with others while working, or by the participant's changed role as a parent, partner, or friend, or by the humbling experience of following orders of a boss or being hazed by other workers, or by a personal attitude brought to the workplace by the participant or another worker;

 

C)        job loss intervention, which means interceding actions of arbitration and remediation with either or both the participant and employer at a time when the participant is at risk of losing or leaving his/her job or when the process of employment departure is occurring, or providing support and articulation of the learning embedded in the experience at a time immediately following a job loss occurrence;

 

D)        personal support, which means the delivery of supportive services needed to remove or ameliorate barriers to continued employment of the participants. This group of actions ensures that there is no gap in service delivery to overcome personal barriers; that is, participant access to the service is not restricted, the service is the most appropriate resolution and service delivery is timely, as needed; and

 

E)        job enhancement, which means activating the delivery of services, both supportive and educational, needed to solidify continued employment of the participant in his/her job and start the building of a foundation of advancement.  This activity includes the acquisition of tools for the participant to become more proficient in his/her work or gain acceptance by his/her peers; the acquisition of skills needed to enhance work performance; and the acquisition of additional skills, knowledge and abilities for promotional opportunities.

 

9)         Support Services Program, which means any support activities necessary to allow the participant to obtain or retain employment that are not provided for through the Illinois Department of Human Services, including:

 

A)        child care, which means client services to ensure that dependent children are properly cared for during the period of time client is in training or at work;

 

B)        transportation, which means services provided to a client to permit his/her participation in training or work by ensuring he/she has the ability to make the trip from his/her residence to the training/employment site and child care site if necessary, and back.  Assistance may include the cost of public transportation or mileage reimbursement;

 

C)        other supportive services, which means services that are necessary and made available to participants eligible for training under this Act, but who cannot afford to pay for such services, to enable them to participate in a program under this Act and to aid in their retention in a job gained through participation;

 

D)        financial counseling, which means financial counseling services provided to clients to enable them to participate in a training program under this Act or to retain employment gained through such participation;

 

E)        personal counseling, which means personal counseling services provided to clients to enable them to participate in a training program under this Act or to retain employment gained through such participation;

 

F)         rent assistance, which means assistance provided to participants to maintain or obtain adequate shelter for themselves and their families while they are receiving employment, training or other supportive service; and

 

G)        substance abuse treatment, which means treatment for drug and alcohol abuse to the extent that such services are not medical and not otherwise available to the participant, such as, services performed by those not in the medical profession, including counselors, technicians, social workers, and psychologists, and services not provided in a hospital or clinic, including 24 hour care programs.  Substance abuse treatment may be considered non-medical.

 

b)         No Welfare-to-Work Administrative Agency or sub-contractor may itself operate a  program  serving  WtW  clients  solely  to  provide  job  readiness, placement or post-employment services.

 

Section 2665.50  Plan Development and Approval

 

a)         In order to receive an allocation as described in Section 2665.30 of this Part, each Welfare-to-Work Administrative Agency shall submit a Welfare-to-Work plan to the Department that includes the following content:

 

1)         The plan shall include a description of the program design, including the following information:

 

A)        The plan shall include a description of the local targeting strategies to reach hard-to-employ TANF recipients eligible under the Welfare-to-Work Block Grant program and to assure that appropriate activities and services are provided to help these participants achieve self-sufficiency.

 

B)        The plan shall include a description of local strategies regarding:

 

i)          planned employment activities;

 

ii)         planned use of contracts with public and private providers of job readiness, placement and post-employment services;

 

iii)        planned use of job vouchers for placement, readiness, and post-employment services; and

 

iv)        planned provision of job retention, and/or support services, if not otherwise available to the individual participants receiving Welfare-to-Work services.

 

C)        The plan shall include a description of local policies and procedures that will govern implementation of allowable activities, including the procedures used to procure the contracts described in subsection 2665.50(a)(1)(B)(ii) of this Section, and how Welfare-to-Work funds will be used to provide necessary support services described in subsection 2665.50(a)(1)(B)(iv).

 

D)        The plan shall include a listing of performance goals and outcomes, expressed in measurable, quantifiable terms, that the local program intends to achieve.

 

E)        The plan shall include a description of how the local program will be implemented by the PIC, including the roles and responsibilities of the local entities responsible for program administration and the program's implementation target dates.

 

F)         The plan shall include a description of the approach, including process and timing, used to obtain and take into account consultation and coordination with substate entities such as public, private and nonprofit organizations in the development of the SDA Welfare-to-Work plan.  The plan shall include either a summary description of the comments received, along with the names of the individuals or entities who commented, or copies of the actual comments received as an attachment to the plan.

 

G)        The plan shall include a description of the coordination efforts that the local DHS office and the Welfare-to-Work Administrative Agency will undertake and the role these local agencies will play in providing assessment and case management to qualified participants, regarding:

 

i)          identification and referral of participants; and

 

ii)         assessment and case management.

 

H)        The plan  shall  include  coordination  arrangements  with  DPA to identify and refer non-custodial parents meeting the WtW criteria.

 

I)         The plan shall include a description of strategies to prevent duplication of services and promote coordination among the Welfare-to-Work program, the local TANF program, JTPA, the local Illinois Employment & Training Centers and other employment and training programs throughout the Service Delivery Area.

 

J)         The plan shall include a description of strategies to promote and encourage coordination with the Illinois Department of Transportation, transit operators and other transportation providers to help ensure that the transportation needs of those moving from welfare to work are met.

 

K)        The plan shall include a description of strategies to promote and encourage coordination with the Illinois Housing Development Authority; public and assisted housing providers and agencies; other community based organizations; public and private health, mental health and service agencies; and vocational rehabilitation and related agencies.

 

2)         The plan shall include budget information regarding the expenditure of program funds, quarterly planned expenditures and planned carry-forward, including the following information:

 

A)        The plan shall include a list of funds available by cost category as defined in 20 CFR 645.220, 645.225, 645.230, 645.235, including the original allocation, carry-in funds (if any), cost category transfers and planned carry-forward of funds not expected to be spent during the current federal fiscal year.

 

B)        Pursuant to 20 CFR 645.240 and 645.245, the plan shall include a listing of quarterly planned expenditures by cost category, including:

 

i)          administrative costs as defined in 20 CFR 645.235(b);

 

ii)         support services as defined in 20 CFR 645.220(e);

 

iii)        data processing expenditures as defined in 20 CFR 645.235(c)(3); and

 

iv)        programmatic activities.

 

b)         Pursuant to the requirements of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended by the Balanced Budget Act of 1997, the following assurances must be provided for local plan approval:

 

1)         The plan must conform to the requirements of the TANF Act.

 

2)         The plan must conform to the U.S. Department of Labor Interim Rules on Welfare-to-Work (Federal Register, 11/18/97, 20 CFR 645).

 

3)         The plan must demonstrate local coordination with activities provided through TANF (section 403(a)(5)(A)(vii)(II) of the Act).

 

c)         Each Welfare-to-Work Administrative Agency shall submit a co-enrollment plan showing planned enrollments (if any) into programs designed to serve different subsets of the welfare population, or used concurrently or sequentially in order to provide a series of services to individuals with specific needs.  It shall further define the appropriate reasons for dual enrollment of individuals in more than one of the following programs: Illinois Job Advantage, Work First, TANF Welfare-to-Work  ("85%" funds formula allocated to the Administrative Agency), TANF Welfare-to-Work ("15%" State set-aside funds), Job Training Partnership Act, and DHS Job Placement Contracts.

 

1)         Where a WtW Administrative Agency has one or more subcontractors that enroll WtW clients to provide services, the WtW Administrative Agency shall collect co-enrollment schedules prepared by each subcontractor if these clients are also enrolled in another of  these programs.

 

2)         Where a WtW Administrative Agency enrolls and  provides WtW services itself, the WtW Administrative Agency shall develop a co-enrollment plan of services for welfare recipients enrolled under WtW who are also enrolled in another of the programs listed in this Section.

 

3)         If neither a WtW Administrative Agency nor its subcontractors enroll their WtW clients in another of the programs listed in this Section, only a Welfare-to-Work Client Service Declaration form is required.

 

Section 2665.60  Eligibility Requirements

 

a)         Persons eligible to receive services under the Welfare-to-Work program must meet the eligibility requirements of subsection 2665.60(a)(1) or (a)(2) of this Section.

 

1)         Participants under the Long-term Targeted TANF Recipients Program must be:

 

A)        authorized to work in the United States,

 

B)        a resident of the SDA in which served,

 

C)        a long-term TANF recipient, or pending TANF termination due to a durational limit, or exceeding a TANF duration limit, and

 

D)        either:

 

i)          have two of the following three characteristics:  limited education, requires substance abuse treatment for employment, poor work history, or

 

ii)         be a non-custodial parent of a minor child of a TANF recipient whose custodial parent meets one of the criteria in subsection (a)(1)(C).  The non-custodial parent only needs to meet the criteria in subsection (a)(1)(A), (a)(1)(B) and (a)(1)(D) above as long as the custodial parent meets the other criteria.

 

2)         Participants under the Long-term Dependency Characteristics Program must be:

 

A)        authorized to work in the United States,

 

B)        a resident of the SDA in which served,

 

C)        have one or more long-term dependency characteristics, as defined in subsection (a)(1)(D) above, and

 

D)        either:

 

i)          is a TANF recipient, or

 

ii)         is a non-custodial parent of a minor child of a TANF recipient, or

 

iii)        exceeded a TANF duration limit.

 

b)         SDAs are responsible for ensuring that  participants  served  with  WtW funds meet federal eligibility criteria.  Procedures to accurately determine and appropriately document eligibility must include:

 

1)         arrangements with the TANF agency to ensure that the determination is based on information current at the time of eligibility determination about whether an individual is receiving TANF assistance, the length of receipt of such assistance, and when an individual may become ineligible for assistance due to reaching a duration limit on assistance;

 

2)         determination of barriers to employment and long-term welfare dependency characteristics that may be based on information collected by the SDA or by the TANF agency no more than six months prior to eligibility determination;

 

3)         arrangements with the TANF agency to identify the non-custodial parents of TANF recipients who may be eligible for the program; and

 

4)         arrangements with the TANF agency to determine whether an individual who is not receiving TANF would be eligible to receive assistance if not for the fact that the individual had reached a duration limit on the receipt of assistance.

 

c)         Once an individual begins receiving WtW services, the SDA is not required to redetermine eligibility.

 

Section 2665.70  Cost Limitations

 

Pursuant to the requirements of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended by the Balanced Budget Act of 1997, the following cost limitations shall apply:

 

a)         At least 70 percent of the WtW funds allotted to or awarded to a Welfare-to-Work Administrative Agency must be spent to benefit hard-to-employ individuals, as described in Section 2665.60(a)(1) of this Part.

 

b)         Not more than 30% of the WtW funds allotted to or awarded to a Welfare-to-Work Administrative Agency may be spent to assist individuals with long-term welfare dependency characteristics, as described in Section 2665.60(a)(2) of this Part.

 

c)         If less than 30% of the funds are spent to assist individuals with long-term welfare dependency characteristics, the remaining funds shall be spent to benefit hard-to-employ individuals pursuant to subsection (a) of this Section.

 

d)         The limitation of expenditures for administrative purposes will in no case be more than 15% of the grant award.

 

Section 2665.80  Performance Management

 

The Department shall evaluate the overall ability of each Welfare-to-Work Administrative Agency to implement the local WtW plan described at Section 2665.50 and shall use the following performance measures to judge the success of local programs:

 

a)         Unsubsidized Employment Rate (UER).  The UER is defined as the percent of time, measured in months, that WtW participants meet the work participation requirement of TANF due to unsubsidized employment.

 

b)         Substantial Earnings Rate (SER).  The SER shall be defined as the percent of WtW participants who achieve a level of earnings due to unsubsidized employment equal to three times their TANF cash assistance payment, as a percent of all WtW participants.

 

c)         Cost Per Placement (C/P).  The C/P shall be measured as the total WtW grant expenditures divided by the number of qualifying job placements (i.e., placement in an unsubsidized job of at least 100 hours scheduled work per month).

 

d)         PIC-Work Participant Rate (PIC-WPR).  The PIC-WPR is the sum of months eligible WtW participants are enrolled in TANF work activities (i.e., activities that count toward meeting the State TANF work participation rate) divided by the sum of months all WtW participants are enrolled in the program.

 

Section 2665.90  Reporting and Recordkeeping Requirements

 

The Interim Final Rule for the Welfare-to-Work Block Grant Program, issued by USDOL, provides in Section 645.240 for a reporting procedure in which there is shared responsibility at the federal and State  levels.  States will report financial information directly to USDOL for the WtW programs.  Participant information shall be reported to DHS, which will submit this information, along with other TANF data, to HHS.  To support federal reporting requirements, Welfare-to-Work Administrative Agencies must collect information from WtW participants and report this information on a monthly basis into the Department's Management Information System.  Information to be collected shall include:

 

a)         basic identifying information;

 

b)         demographic characteristics;

 

c)         educational status;

 

d)         barriers to employment;

 

e)         work history;

 

f)         labor force status;

 

g)         status information regarding receipt of TANF benefits;

 

h)         support service needs;

 

i)          participation in WtW activities; and

 

j)          grant expenditures.