Defers from GAIN a person who is employed 15 or more hours per week and meets the following criteria:

(1) Earned at least the greater of the state or federal minimum wage.

(2) Is participating in activities approved by the CWD similar to job search, education, or training activities.

(3) Has combined hours of employment and participation in other approved activities that are at least 30 per week.

(4) Requirements for deferral may be met by 15 hours of work per week plus participation in education or training if:

(A)The participant is in a program to earn a license, certificate or degree.

(B)By provider's standards, the participant is enrolled at least half time and is making satisfactory progress.

(C)The program will lead to employment.

A person is deferred from GAIN if (s)he is employed at least 15 hours per week and either meets all of the criteria of 42-761.3(i)1, 2, and 3 OR all of the criteria of 42-761.3(i)(4). (See left side of this page for these sections)

NEW §42-761.3(i) adds the following to (i)(2):

Activities assigned by the CWD to an individual who is participating in the program cannot be used to meet the deferral criteria in §42-761.3(i).

Certain individuals are not required but are permitted to participate in job search services as the first program assignment. These individuals include:

.123 A person who expresses a desire to be assigned to a basic education activity if the individual lacks a high school diploma or its equivalent and has held, but not retained, two or more jobs during the two-year period prior to appraisal or the individual is employed at the time of appraisal. A job is considered to have been retained if it has been held at least six consecutive months.

.126 A person who meets all of the following criteria:

(c)Has held, but not retained, two or more jobs during the two-year period. A job is considered to have been retained if it has been held at least six consecutive months.

For purposes of meeting the criterion in §§42-772.123 and .126 that states a person must have held but not retained two or more jobs during a two-year period, a job has not been retained if it has been held less than three consecutive months.

If a participant does not obtain unsubsidized employment upon completion of the employment plan and contract, the participant is assigned to job search services.

Adds a new §42-772.81 that says the county may also require participation in job search when the participant has not completed the employment plan under the following circumstances:

.811 The participant has reached the two-year limit in §42-772.32 (classroom education or training) or §42-772.41 (a SIP) and has exhausted, or is not eligible for, the six-month extension.

.812 The participant is not subject to §42-772.1 (three weeks with job search services) and has been reassigned to job search pursuant to an evaluation in accordance with §42-773.2 (to determine if the participant has a suspected learning or medical problem).

.813 The participant has been assigned to job search pursuant to a conciliation plan in accordance with §42-781.72, or to cure a sanction in accordance with §42-786.25.

One parent in an AFDC-U family is required to participate in GAIN requirements set out in §42-775.

Adds a new §42-775.11 that states:

.11 The requirements of §42-775 are met if one parent in the family is in unsubsidized employment for an average of 16 or more hours per week while she/he is deferred or exempt from GAIN participation for any reason.

If the individual contacts the county and submits information that leads to a reversal of a no good cause determination, the county must take steps to assist the individual to resume GAIN participation.

Adds the requirement that the county must notify the individual in writing that the county has determined the individual had good cause for not participating and also informs the individual that conciliation has been terminated.

.423 If the individual contacts the county and schedules a conciliation appointment, but fails to attend or reschedule the appointment, the CWD shall contact the individual by telephone or in writing, if necessary, to attempt to determine why the appointment was not kept.

If the individual schedules a conciliation appointment but fails to attend or reschedule the appointment, the county is only required to attempt to contact the individual rather than being required to actually contact the individual.

This section addresses the requirements for a conciliation plan.

§42-781.711 adds assessment to orientation, appraisal or reappraisal as an agreed upon GAIN conciliation component.

§42-781.72 adds that when the person in an approved SIP fails, without good cause, to comply with the terms of the SIP, then the conciliation plan must require participation in job search services.

§42-786.25 state that to cure a sanction for noncompliance with an approved SIP, an individual must participate in job search services.

The requirements set out in §§42-781.72 and 42-786.25 apply only to individuals who stop participating in a SIP education or training program without good cause, fail or refuse to regularly attend the SIP without good cause or fail or refuse without good cause to increase participation in the SIP to full time or to participate at least half time.