Unemployed Parent Deprivation

EAS 41-440, as of 7/1/96

If no other deprivation exists, i.e. the Foster Care child’s parent is NOT absent, deceased, incapacitated in the month the petition was filed or the voluntary placement agreement was signed, the Foster Care EW must use the AFDC rules which were in effect on July 16, 1996 to determine if there is unemployed parent deprivation for federal eligibility. Both parents must be in the home.

The EW must determine the following:

  • Does either of the child’s parents meet the definition of “unemployed” parent (is not working or is employed less than 100 hours per month). Refer to Principal Earner.
  • Which parent is the “principal earner”. Refer to Principal Earner for definition.
  • Does the principal earner meet the requirements to establish unemployed parent deprivation (e.g. has been “unemployed for 30 consecutive days”, has not quit or refused a job or employment training within 30 days, etc.) Refer to Principal Earner Requirements for all requirements.
  • Does the principal earner have a connection with the labor force. Refer to Connection With the Labor Force.

Definition - Unemployed Parent

An unemployed parent is a natural or adoptive parent with whom a child is living (both parents must be in the home) and who:

  • Is the principal earner, AND
  • Is not working, OR
  • Is employed, but employed less than 100 hours per month, OR
  • Is employed 100 hours or more in a particular month, but the work is intermittent and the excess over the 100 hours is temporary in nature as evidenced by:
    • Employed less than 100 hours in the two prior months, AND
    • Is expected to be employed less than the 100 hours in the succeeding month.

Note: If none of the above “unemployed parent” criteria is met in the month of petition, STOP. There is no federal eligibility based on U-parent deprivation.

Reminder: The “100 Hour Rule” (above) was eliminated for AFDC recipients effective 12/1/92, due to a federal waiver. CalWORKs recipients may be employed more than 100 hours per month and still be cash eligible. Check hours of employment if it’s possible that the parent does not meet the above criteria.

Note: For purposes of deprivation, parents in On The Job Training, Public Services Employment and parents in JTPA Employment are considered "employed," if participating over 100 hours. 

Principal Earner

The “principal earner” is whichever parent (both parents of the child are in the home) earned the greater amount of income in the 24-month period, the last month of which immediately precedes the month the petition being used was filed or the voluntary placement agreement was signed.

When either parent can qualify as the principal earner because both parents earned an identical amount of income in the applicable 24-month period, the EW must designate:

  • The parent who can establish FFP, or
  • Either parent, if both can establish FFP.

Principal Earner Requirements

The principal earner must meet the following requirements in the month the petition being used is filed or the voluntary placement agreement is signed, to establish federal eligibility for Foster Care.

  • Did NOT quit a job or employment related training within the 30 days prior to the month of petition, without good cause.
  • Did NOT refuse an offer of employment or employment related training within 30 days prior to the month of petition, without good cause.
  • Has been “unemployed” for at least 30-consecutive calendar days prior to the month the petition was filed. [Refer to Definition - Unemployed Parent.
  • Was NOT unemployed as a result of his/her participation in a strike.
  • Has a “connection with the labor force.” Refer to Connection With the Labor Force.
  • Has, or will apply, for a Social Security Number.
  • If the principal earner was receiving cash aid in the month of petition, he/ she was required to apply for and accept UIB, if apparently eligible; fulfill the requirements of a work training program or be registered for work and cooperate with GAIN/Employment Services.

Good Cause Determination

The parent who is the principal earner must not have refused employment or employment related training without good cause in the 30-day period immediately prior to the month the petition was filed/voluntary signed. Carefully document the basis for good cause.

There is good cause when one or more of the following conditions exist:

  • Wage offered was less than minimum wage or was lower than the customary wage for the type of employment.
  • The employment exceeded the individual's mental or physical capability.
  • Illness.
  • No transportation.
  • Employer in violation of licensing, compensation/other insurance or health and safety laws.

 Connection With the Labor Force

Reminder: Effective January 1, 1998, the “connection with the labor force “criteria for U-parent deprivation was eliminated from the CalWORKs Program. However, 7/16/96 AFDC rules must be used when determining federal eligibility for Foster Care. First determine the principal earner and then establish if there is a connection with the labor force.

The principal earner must have established a connection with the labor force.

  1. By meeting either of the requirements in a. or b. (below) in six (6) calendar quarters within any 13 calendar quarter period which ended within one year before the date the petition was filed or the voluntary placement agreement was signed.
    1. Earned gross income of at least $50 during the quarter. (Employment can be in the U.S. or another country. GA payments received for participation in a work program cannot be counted); or,
    2. Participated during the quarter in any one or more of the following:
      1. Community Work Experience Program
      2. An activity administered under WIN, WIN Demo, or GAIN. (Participation in CIU training does NOT meet this requirement.); OR,
  2. By receiving, or being eligible to receive, UIB within one year before the date of petition. The words “being eligible to receive”, as used in this section mean that:
    1. The parent would have been eligible to receive UIB upon filing a UIB application within the year prior to the month of petition, or
    2. The parent performed work not covered by UIB and, if the work had been covered, together with any covered employment, the parent would have been eligible to receive UIB.
    3. If the EW cannot establish that there is a connection with the labor force by evidence that the parent was eligible for or receiving UIB, explore other evidence of the parent’s earnings or participation in a training program.

Methods of Establishing a Connection with the Labor Force

Counting Calendar Quarters

Note: The “AFDC Employment History” (SC 1707) may be used to determine the principal earner’s quarters of work and/or training.

  1. Start in the quarter PRIOR to the quarter in which petition was filed.
  2. Count 16 quarters prior to that quarter.
  3. Check employed and/or training in any of the 16 quarters in which parent meets requirements ($50 gross or 5 days' training).

Note: Work quarters may be mixed with training quarters to arrive at a total of 6 quarters.

  1. If 6 quarters are marked and they fall within a 13-quarter span ending one year prior to the “petition” quarter, the parent has established a connection with the labor force.

Note: Work performed either inside or outside the U.S. should be evaluated, including work performed in refugee camps. Earnings eligible for consideration include money and in-kind income. Training programs are limited to participation in CWEP, WIN, WIN DEMO or GAIN.

Establishing Eligibility for UIB

To completely explore possible UIB eligibility, look at the earnings history within the time span from 2 1/2 years prior to the month of petition, but not including, the last completed quarter before the month of petition quarter.

To determine the weekly benefit amount of UIB:

  • Determine the Base Period, and
  • Determine the wage amount in the quarter of the base period with the highest earnings.

The claimant’s base period is a 12-month period which is based on the month the claim was filed. The quarter with the highest earnings determines the weekly benefit amount of UIB.

For claim beginning in... Base period is the 12-months ending the previous:
February, March or April September 30
May, June or July December 31
August, September or October March 31
November, December or January June 30

 

For a UIB claim to be valid, the individual must have at least $1,300 in earnings in one quarter of their base period or at least $900 in earnings in the highest quarter and total base period earnings of 1.25 times their high quarter earnings.

For additional information, Refer to Common-Place Handbook, “Unemployment Insurance Benefits (UIB),” page 7-1.

Documenting Unemployed Parent Deprivation

The Foster Care EW may explore the following sources of information to document unemployed parent deprivation:

  • UIB information obtained from IEVS, including UI/DI Match, EDD Match and the EDD Real-Time Match. Refer to Common-Place Handbook, “IEVS Applicant System,” page 4-1 for information about these abstracts.
  • Information obtained from the child’s parents’ eligibility case (CalWORKs, Food Stamps or Medi-Cal); such as, but not limited to, Statement of Facts forms (SAWS 2, MC 210, DFA 285 A2), income/status reports (QR 7, MC 176S), “Request for Information from Employer” (SC 549), etc.
  • Court reports.
  • Contact with child’s parent, SW/PO, etc.

Income

Refer to Income for all Income Information.

Related Topics

Federal Eligibility Determination