Department of Human Services

Families First Online Policy Manual

Rights and Responsibilities

Revised:

31.18

ADA AND SANCTIONS FOR NON-COMPLIANCE

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Though the Department has put many opportunities in place for the client to claim an ADA disability and for the staff and contractors to discover the existence of such disabilities, there still may be instances where a client is unable to comply with the program because of an ADA-related issue.  Therefore, prior to imposing a sanction, the client rep will review the case record within three days of discovering a non-compliance, for any indication of a disability and contact the contractor to determine whether the client has experienced any difficulty with his/her activity due to a disability.  If the non-compliance is the result of a disability, the client will be given good cause for the non-compliance and the opportunity to comply.  This review and the outcome must be documented in the case record.

 

The following are examples of good cause:

 

·        A client has been diagnosed with a learning disability.  He has been assessed by a specialist and has scheduled bi-weekly appointments with a learning therapist.  Due to these appointments, he will be unable to fulfill the 30-hour weekly work requirement.  The contractor will grant this client good cause for his absences due to therapy sessions.

·        Providing good cause when a parent quits employment due to the needs of his/her child.

·        Providing good cause if the needs of a disabled family member prevent the client from complying with a work activity.

 

In addition, when a sanction is imposed due to non-compliance with a work requirement, the following free-form text must be added to the client notice

 

“Do you or someone you live with have a mental, physical, or learning disability?  If so, please call your client rep at __________________.  You may be able to keep your Families First benefits.”

 

If the client responds to this notice within the ten day adverse action period and claims a disability, the client rep will re-open the case and complete a voluntary ADA screening.  If the screening indicates a disability that may have affected the client’s ability to perform the activity which is at issue, the client rep will:

 

·        Give the client good cause for the non-compliance.

 

·        Review the need for a consultation, by the State Office if necessary.   Bulletin 9, FA-09-08

 

·        Put an accommodation(s) put in place.

 

·        Document the case record.

 

If the client fails to complete or refuses to complete the screening, the client rep will re-close the case for the previous closure reason.  A final closure notice will be issued and the case will not be reopened until the client reapplies.

 

Glossary

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