10-030 H.       Welfare-to-Work Grievance Policy

 

Review of Rights

The participant’s rights are reviewed when the participant signs the Welfare to Work (WTW) Plan, and at each step of the determination/conciliation process.  In addition, the participant may request a State Hearing if the participant is dissatisfied with the Grievance decision or with any action.

 

Formal Grievance Policy

There are two types of Formal Grievance Procedures

 

  1. Employment Case Management Supervisor Review
  2. Appeals Review

 

to which the following policies apply:

 

The individual:

 

·   Must continue to participate in the assignment in order to utilize this grievance procedure

·   Shall be subject to sanction pending the outcome of the formal grievance or any subsequent appeal only if the participant fails to participate during the period the grievance procedure is being processed.

 

The Formal Grievance option is:

 

Only available when…

Not available to…

The participant complains that a requirement or assignment does not fit the WTW Plan or should not be required under the WTW program.

·  Appeal the:

  • Outcome of a state hearing,
  • Requirement to sign a WTW Plan, or
  • Results of an assessment.

 

·  A non-complying individual who has already failed to successfully conciliate. (W&I 42-21.2) 

Note: Under those circumstances, the applicant or recipient may request a state hearing to appeal a program requirement or assignment.

                                                                                                                   

Formal Grievance Employment Case Management Supervisor Review

The Formal Grievance Policies listed above apply to these procedures, which are based on the Unemployment Insurance (UI) Code, and are the same as those required for a Cause Determination and formal Conciliation.  Formal Grievance is not to exceed thirty (30) days.

 

When a participant raises an issue that is subject to Formal Grievance, the Employment Case Manager (ECM) will:

 

Step

Action

1

Give the participant a Request for Formal Grievance, (Form 27-103).

2

Have the participant complete and sign the form. 

3

Refer the participant with the completed form to the ECM supervisor for review and conciliation.

4

Summarize the participant’s grievance and the ECM’s actions in the case narrative.

 

Formal Grievance  Appeals Review

CalWORKs (CW) regulations establish a State-mandated, County-approved alternative to the procedure described in the UI Code.  The Formal Grievance Policies listed above apply to this procedure with the exception that this option is available whether or not the participant continues to participate.  The San Diego County Board of Supervisors has designated the Appeals Section of the Health and Human Services Agency to hear these grievances.

 

The ECM will:

Step

Action

1

Ask the participant to complete form 27-103.

2

File the original in the case.

3

Give the yellow copy to the participant.

4

Send the pink copy to Appeals, at W-402.

 

The designated Hearing Officer in Appeals will:

Step

Action

1

Notify the regional site and the participant when a grievance hearing has been scheduled.

2

Make a decision within one to two weeks after the hearing.

3

Notify all parties in writing.

 

Formal Grievance Appeals Review Hearing Decision

The ECM, participant, and representatives or providers may be a part of the hearing if requested by the participant, the ECM, or the Hearing officer.  The decision of the Hearing Officer will be binding on the County, but the participant may request a State Hearing if dissatisfied with the decision.

 

The ECM will:

Step

Action

1

Summarize all grievance-related actions in CalWIN Case Comments.

2

Give the participant the yellow copy of form 27-103.

3

Send the pink copy of the 27-103 to Appeals, at W-402.  

 

 

 

State Hearing

The participant is entitled to request a State Hearing through the State Department of Social Services.  These hearings are conducted according to the instructions contained within this chapter.

 

If the participant files for a State Hearing after receiving a notice of negative action from the Human Services Specialist (HSS) but before the financial sanction starts, the participant may receive the CW grant pending the outcome of the State Hearing Decision.

 

WTW staff can suspend a sanction when the participant has filed for a Fair Hearing. 

 

Note:  If Aid Paid Pending is granted, then aid is restored and the client’s time clock will continue to tick.

 

State Hearing  ECM Action

ECMs must:

 

·   Send a reappraisal appointment notice to the participant if he/she remains on CW and is still a mandatory WTW participant, after the Hearing Decision is reached.

·   Reappraise and encourage the registrant to participate, unless deferred or exempt, if the sanction is rescinded by the State Administrative Law Judge.

  

Third Party Assessment

When a participant does not agree with the results of an assessment and the WTW Plan which is developed based upon the assessment, the participant can request a Third Party Review of the assessment and the WTW Plan.  Requests for Third Party Reviews are referred to the site manager at the San Diego Career Center in the participant’s WTW region.

 

Reference: 

CPG 10-005 G Welfare to Work Plan-Request for Third Party Assessment