Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 794.1 - FIRST-TO-WORK PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 17-794.1-3 - Definitions

Current through June, 2024
For the purposes of this chapter:
"Actual hours" means the number of hours an individual has
					 performed in a work activity that are verified by the department.
"Adult" means a person age eighteen or over who is not a
					 dependent child, or if under age eighteen is an independent minor
					 parent.
"Aid to families with dependent children" or "AFDC" means
					 the financial assistance and non-assistance programs administered by the
					 DHS-BESSD under
					 42
					 U.S.C. §§601 -
					 619, and section
					 346-14, Hawaii Revised Statutes.
"Assistance unit" means persons whose needs, income, and
					 assets are considered in determining eligibility for and the amount of
					 financial assistance payment.
"Barrier" means any physical, health, or social
					 conditions, including individual or family circumstances, which interfere with
					 the person's ability to participate in the FTW program.
"Basic literacy level" means a literacy level that allows
					 a person to function at a level equivalent to at least grade 8.9.
"Benefit, Employment and Support Services Division" or
					 "BESSD" means the benefit, employment and support services division of the
					 department.
"Case management" means a process through which
					 individuals are provided with necessary support and opportunities to access
					 needed and appropriate services throughout the period of participation in FTW,
					 and includes monitoring, tracking, and reporting on the participants' progress
					 during participation.
"Child" means any person who has not reached the age of
					 eighteen.
"Child care" or "day care" means those situations in which
					 a caregiver has agreed to assume the responsibility for the child's
					 supervision, apart from and in the absence of the child's parent or guardian,
					 for any part of a twenty-four hour day.
"Community service program" or "CSP" means structured
					 programs in which AFDC recipients perform work for the direct benefit of the
					 community under the auspices of public agencies or private non-profit
					 organizations.
"Community work experience program" or "CWEP" or "work
					 experience" means a work activity, performed in return for AFDC that provides
					 an individual with an opportunity to acquire the general skills, training,
					 knowledge, and work habits necessary to obtain employment.
"Component" means the education, training, and job
					 placement programs and services available under this chapter.
"Core work activities" means the following work
					 activities: unsubsidized employment, subsidized employment, CWEP, OJT, job
					 search and job readiness assistance, CSP, VET, and providing child care
					 services to an individual who is participating in a community service
					 program.
"Custodial parent" means a parent who has the legal right
					 to the physical custody of a child, either under the provisions of a state law
					 granting custody, or under the provisions of a court order granting custody of
					 the child to one of its parents in preference over the other parent.
"Department" or "DHS" means the department of human
					 services. State of Hawaii.
"Departmental designee" means any case manager, social
					 worker, employment counselor, supervisor, or any other person assigned by the
					 department to provide case management services to the FTW participants.
"Employability plan" means a written plan for the FTW
					 participant that sets forth the participant's vocational strengths, and the
					 educational, training, and employment activities to be undertaken by the
					 participant to achieve the goal of financial self-sufficiency.
"Employed" means engaged in an activity in exchange for
					 wages or salary.
"Enrollee" means a person who has been selected for the
					 FTW program and is involved in activities that are preparatory to participation
					 in program components.
"Federal Poverty Limit Guidelines for Hawaii" or "FPL"
					 means the poverty guidelines that are updated periodically in the Federal
					 Register by the U.S. Department of Health and Human Services under the
					 authority of
					 42
					 U.S.C. §9902(2).
"First-To-Work" or "FTW" means the education, training,
					 employment, and support services programs administered by the
					 department.
"FTW pool" means individuals who are awaiting selection
					 into the FTW program.
"Full-time employment" means gainful employment of thirty
					 hours or more per week.
"Full-time participation" means participation meeting the
					 work requirements set forth in the employability plan that shall be not less
					 than the mandatory requirements of
					 42 U.S.C.
					 §607.
"Gainful employment" means work available at the time an
					 individual wants to become employed and pays at least minimum wage.
"Good standing" means satisfactorily meeting all
					 requirements of the FTW program.
"Job skills training", "job skills training directly
					 related to employment", or "JST" means training or education for job skills
					 required by an employer to provide an individual with the ability to obtain
					 employment or to advance or adapt to the changing demands of the
					 workplace.
"Limited English proficiency" or "LEP" means limited
					 ability in speaking, reading, writing, or understanding the English language by
					 a person whose native language is a language other than English or by a person
					 who lives in a family or community environment where a language other than
					 English is the dominant language.
"Multi-disciplinary assessment" means a multi-faceted
					 approach to assessing health, psychological and social barriers of the
					 individual and the family that may affect the FTW enrollee's readiness and
					 ability to participate in employment training activities.
"Non-work eligible individual" or "NWEI" means an adult
					 receiving assistance under TANF, or a non-recipient parent, who is:
(1) A parent of a household member who also provides care
					 for a disabled family member living in the home, provided that the need for
					 such care is supported by medical documentation. Only one parent in a household
					 may claim this status;
(2) A single custodial parent personally providing care for
					 the parent's child under six months of age who voluntarily requests to claim
					 NWEI status, and has not exhausted their lifetime limit of twelve months to
					 claim such status;
(3) A non-needy caretaker; or
(4) A recipient of Supplemental Security Income or Social
					 Security Disability Insurance as defined in
					 42 U.S.C.
					 §§1381 -
					 1383.
"On-the-job-training" or "OJT" means training in the
					 public or private sector that is given to a paid employee while he or she is
					 engaged in productive work and that provides knowledge and skills essential to
					 the full and adequate performance of the job.
"Other approved work activities" means the following work
					 activities: JST, education directly related to employment, and satisfactory
					 attendance at secondary school or in a course of study leading to a certificate
					 of general equivalence.
"Parent" means a person who can establish a parent and
					 child relationship by providing proof of:
(1) having given birth to a child;
(2) marriage to the natural mother when the child was born
					 or within three hundred days after the marriage was terminated;
(3) adoption;
(4) adjudication; or
(5) self-declaration as specified in section
					 17-656.1-8.
"Participant" means a TANF applicant or a TANF recipient
					 engaged in the FTW program.
"Postsecondary education" or "PSE" means a program of
					 instruction offered by an accredited or certified postsecondary institution and
					 approved by the FTW program for participants.
"Sanction" means an action taken by the AFDC program
					 against an individual, and their assistance unit who, without good cause, fails
					 or refuses to participate in the program or accept employment, or terminates
					 employment or reduces earnings.
"Satisfactory attendance" means regular attendance, in
					 accordance with the requirements of the secondary school or course of study at
					 a 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 certificate.
"Self-employment" means receiving income directly from
					 one's own business, trade, or profession rather than earning a specified salary
					 or wages from an employer.
"Self-employment hours" means the number of hours derived
					 by dividing the individual's self-employment net income (gross income minus
					 business expenses) by the federal minimum wage.
"Self-sufficient employment" means employment equivalent
					 to or more than one hundred per cent of the FPL for the family size of the
					 custodial parent.
"Subsidized employment" means full- or part-time
					 employment in the public or private sector for which the employer receives a
					 subsidy from AFDC or other public funds to offset some or all of the wages and
					 costs of employing an AFDC recipient.
"Support services" or "supportive services" means crisis
					 intervention, counseling, case management, and support activities, including
					 but not limited to, child care subsidy payments, work related expenses, and
					 transportation expenses provided by the department to enable individuals to
					 participate in the FTW program.
"Temporary Assistance for Needy Families" or "TANF" means
					 the financial assistance and non-assistance programs administered by the
					 DHS-BESSD under
					 42
					 U.S.C. §§601 -
					 619.
"Temporary Assistance for Other Needy Families" or "TAONF"
					 means the financial assistance and non-assistance programs administered by the
					 DHS-BESSD under section
					 346-14, Hawaii
					 Revised Statutes.
"Unsubsidized employment" means full- or part-time
					 employment in the public or private sector that is not subsidized by TANF or
					 any other public program. Unsubsidized employment also includes self
					 employment.
"Up-front universal engagement" or "UFUE" means every
					 able-bodied recipient is engaged in efforts toward self-sufficiency and
					 maintains compliance with participation requirements as specified in chapter
					 17794.1 as a condition of eligibility of TANF.
"Vocational educational training" or "VET" means organized
					 educational programs that are directly related to the preparation of
					 individuals for employment in current or emerging occupations requiring
					 educational training.