Kentucky Administrative Regulations › Title 910 - CABINET FOR HEALTH AND FAMILY SERVICES - OFFICE OF AGING SERVICES › Chapter 1 - Aging Services › Section 910 KAR 1:200 - Senior community service employment program

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				205.201,
				205.455,
				Chapter 342, 20 C.F.R. Part 641,
				5 U.S.C.
				7323,
				29
				U.S.C. 206,
				2801, 2881, 2901,
				38
				U.S.C. 4215(a)(1),
				42
				U.S.C. 401,
				402,
				641.230. 2002(22), 3021, 3056n, 11302(a)
NECESSITY, FUNCTION, AND CONFORMITY: The Older Americans Act of
				1965, as amended, authorizes grants to states to provide assistance in the
				development of new or improved programs for older persons.
				KRS
				194A.050(1) requires the
				secretary of the Cabinet for Health and Family Services to promulgate
				administrative regulations to implement programs mandated by federal law or to
				qualify for the receipt of federal funds.
				KRS
				205.204(1) and (2) authorize
				the cabinet secretary to administer the Older Americans Act in Kentucky and
				authorize the cabinet to promulgate administrative regulations to comply with
				any requirement imposed or required by federal law. This administrative
				regulation sets forth the standards of operation for the senior community
				service employment program in Kentucky.
Section
			 1. Definitions.
(1) "Area plan"
			 means a plan, submitted by a district for approval of the department, which
			 releases funds under contract for the delivery of SCSEP services within a
			 planning and service area.
(2) "At
			 risk for homelessness" means an individual who:
(a) Is likely to become homeless;
			 and
(b) Lacks the resources and
			 support networks needed to obtain housing.
(3) "Authorized position" means an enrollment
			 opportunity during a program year based on an average national unit cost
			 pursuant to
			 20 C.F.R.
			 641.140.
(4) "Co-enrollment" means enrollment for an
			 individual who meets the qualifications for SCSEP participation and is also
			 enrolled as a participant in WIA or another employment and training program, as
			 provided in the participant's Individual Employment Plan.
(5) "Community service" means a service
			 provided by the SCSEP participant within a community to gain work experience
			 and job skills, including:
(a) Social, health,
			 welfare, and educational services including literacy and tutoring;
(b) Legal and other counseling services and
			 assistance including tax counseling and assistance and financial
			 counseling;
(c) Library;
(d) Recreational;
(e) Conservation, maintenance, or restoration
			 of natural resources;
(f) Community
			 betterment or beautification;
(g)
			 Antipollution and environmental quality efforts;
(h) Weatherization activities;
(i) Economic development; or
(j) Other services essential and necessary to
			 the community as determined by the Secretary of Health and Human
			 Services.
(6) "Community
			 service assignment" means part-time, temporary employment paid with grant funds
			 for a project at a host agency through which an eligible individual is engaged
			 in community service and receives work experience and job skills that can lead
			 to unsubsidized employment.
(7)
			 "Department" means the Department for Aging and Independent Living.
(8) "Disability" means a mental or physical
			 impairment, or a combination of mental and physical impairments, that result in
			 substantial functional limitations in one (1) or more of the following areas of
			 major life activity:
(a) Self-care;
(b) Receptive and expressive
			 language;
(c) Learning;
(d) Mobility;
(e) Self-direction;
(f) Capacity for independent
			 living;
(g) Economic
			 self-sufficiency;
(h) Cognitive
			 functioning; or
(i) Emotional
			 adjustment.
(9)
			 "District" is defined by
			 KRS
			 205.455(4).
(10) "Frail" means an individual fifty-five
			 (55) years of age or older who is functionally impaired because the individual:
(a) Is unable to perform at least two (2)
			 activities of daily living without verbal reminding, physical cueing, or
			 supervision; or
(b) Requires
			 supervision due to a cognitive or other mental impairment and behaves in a
			 manner that poses a health or safety hazard to the individual or another
			 individual pursuant to
			 42
			 U.S.C. 2002(22).
(11) "Greatest economic need"
			 means the need resulting from an income level at or below the poverty
			 guidelines established by the Department of Health and Human Services and
			 approved by the Office of Management and Budget pursuant to
			 42
			 U.S.C. 3002(23).
(12) "Greatest social need" means the need
			 caused by non-economic factors pursuant to
			 42
			 U.S.C. 3002(24), including:
(a) Physical and mental
			 disabilities;
(b) Language
			 barriers; and
(c) Cultural, social,
			 or geographical isolation, including isolation caused by racial or ethnic
			 status that:
1. Restricts the ability of an
			 individual to perform normal daily tasks; or
2. Threatens the capacity of the individual
			 to live independently.
(13) "Homeless" means an individual, pursuant
			 to
			 42 U.S.C.
			 11302(a), who:
(a) Lacks a fixed regular nighttime
			 residence; and
(b) Has a primary
			 nighttime residence that is:
1. A supervised
			 publicly or privately operated shelter designed to provide temporary living
			 accommodations including:
a. A welfare
			 hotel;
b. A congregate shelter;
			 or
c. Transitional housing for the
			 mentally ill;
2. An
			 institution that provides a temporary residence for individuals intended to be
			 institutionalized; or
3. A public
			 or private place not designed for or ordinarily used as regular sleeping
			 accommodations for human beings.
(14) "Host agency" means a public agency or
			 private, nonprofit organization, other than a political party, exempt from
			 taxation under the provision of Section 501(c)(3) of the Internal Revenue Code
			 of 1986,
			 26 U.S.C.
			 501(c)(3), which provides a
			 training worksite and supervision for one (1) or more participants.
(15) "Individual employment plan" or "IEP"
			 means a participant's plan based on:
(a) An
			 assessment of the participant conducted by the sub-recipient; or
(b) A recent assessment or plan of the
			 participant developed by another employment and training program and a related
			 service strategy.
(16)
			 "Job ready" means an individual does not require further education or training
			 to perform work that is available in the individual's labor market.
(17) "Limited English proficiency" means an
			 individual who does not speak English as a primary language and has a limited
			 ability to read, speak, write, or understand English.
(18) "Low income" means an income that during
			 the preceding six (6) months on an annualized basis or the actual income during
			 the preceding twelve (12) months, whichever is more beneficial to the
			 applicant, is not more than 125 percent more than the poverty levels
			 established and periodically updated by the United States Department of Health
			 and Human Services.
(19) "OAA"
			 means the Older Americans Act,
			 42 U.S.C.
			 3001 to
			 3058ee, as
			 amended.
(20) "One-Stop center"
			 means the One-Stop center system in a WIA local area through which One-Stop
			 partners provide core services and access to other programs and services
			 carried out by the One-Stop partners.
(21) "One-Stop delivery system" means a
			 system through which:
(a) Employment and
			 training programs, services, and activities are available through a network of
			 One-Stop partners;
(b) Information
			 about and access to core services is available regardless of where the
			 individual initially entered the workforce investment system;
(c) Referral to WIA intensive and training
			 services is available; and
(d)
			 Access to other activities and programs carried out by other One-Stop partners
			 is available.
(22)
			 "Participant" means an individual who is:
(a)
			 Determined to be eligible for the SCSEP program;
(b) Given a community service assignment;
			 and
(c) Receiving a service funded
			 by the SCSEP program.
(23) "Program year" means the one (1) year
			 period beginning on July 1 and ending on June 30.
(24) "Project" means an undertaking by a
			 sub-recipient in accordance with a contract agreement between the department
			 and sub-recipient that provides service to a community and training and
			 employment opportunities to an eligible individual.
(25) "SCSEP" means the Senior Community
			 Service Employment Program authorized under Title V of the OAA,
			 42 U.S.C.
			 3056n, and administered by the Department of
			 Labor that serves unemployed low income persons who:
(a) Are fifty-five (55) years of age and
			 older;
(b) Have poor employment
			 prospects; and
(c) Need training in
			 part-time community service assignments, skills, and experience to facilitate
			 transition to unsubsidized employment.
(26) "Sub-recipient" means the legal entity
			 to which a sub-award of financial SCSEP assistance is made by the department
			 and who is accountable to the department for the use of the funds
			 provided.
(27) "Sub-recipient
			 agreement" means an agreement between the department and sub-recipient that
			 provides for transfer of SCSEP funds to the sub-recipient for the purpose of
			 carrying out the activities authorized in the agreement.
(28) "Supportive services" means services and
			 incidentals, specified in Section 7 of this administrative regulation, that are
			 necessary to enable an individual to participate in activities authorized under
			 the SCSEP.
(29) "Unemployment"
			 means an individual who is without a job, is available to work and wants to
			 work, or has occasional employment that does not result in a constant source of
			 income. (30) "Workforce Investment Act" or "WIA" means the Workforce Investment
			 Act of 1998,
			 29
			 U.S.C. 2801 to 2901, as amended.