Noncompliance - Two-Parent Cases

Second Parent Participation Problem

Once the first parent is sanctioned, the second parent, unless exempt or meeting the good cause criteria, must begin (or increase hours of) participation in the WTW program to avoid his or her own sanction. The second parent MUST NOT be exempted for providing care for an ill or incapacitated member of the household or young child, since the first parent is not participating and is available to provide care.

In cases when the second parent complies with participation requirements as required, after receiving the "Notice to Other Parent" (WTW 4), the first parent remains sanctioned. Participation by the second parent does not cure the sanction imposed upon the first parent.

If the second parent refuses to participate, or starts participating but subsequently stops without good cause, he or she is sanctioned. Each parent must cure his or her own sanction by doing what he or she refused to perform. If each parent was supposed to participate for 35 hours per week, but failed to do so without good cause and was sanctioned, then each parent must meet the 35-hour requirement to cure his or her own sanction.

If the second parent is complying with WTW program requirements after the first parent is sanctioned, and the first parent cures his or her sanction, then one parent may stop (or reduce hours of) participation without being subject to sanction.

Each parent must have:

• Their own noncompliance period established
• A Notice of Action (NA 840 or NA 845) sent advising them of the noncompliance period and a scheduled appointment date.

The spouse or second parent in a two-parent case is not required to participate and will not be sanctioned if he/she:

• Has “Good Cause” for not participating in CalWORKs Employment Services
• Qualifies for an Exemption.

Exception

The spouse or second parent who qualifies for an exemption, cannot avoid participation in CWES when the first parent is sanctioned if his/her exemption is based on any of the following:

• Needed to care for an ill or incapacitated person residing in the home
• Care of a young child (includes all three: 3-month; 6-month; and 0-23 months)

This process will result in parents serving different sanctions. This new policy ensures that each adult removed from the grant due to a CWES noncompliance is serving his/her own sanction.

Note: The WTW exemption for providing care to a young child 0-23 months does not automatically resolve noncompliance or cure a WTW sanction (client must request the exemption to become exempt or agree to a curing sanction plan to participate as a mandatory client). The exemption is to be requested via the "CalWORKs Exemption Request Form" (CW 2186A).

“Removal of the Second Parent’s Needs/Compliance Plan” (NA 845)

The NA 845 is used to initiate the noncompliance for the second parent when non-participation occurs. This NOA is issued AFTER the first parent is financially sanctioned when the second parent fails to come in to increase their hours of participation or sign a WTW Plan to start an activity.

The NA 845 provides the same information to the second parent that the NA 840 provides to the first parent; however, the NA 845 also informs the second parent about how the first parent can restore his or her aid.