A. 1. The Department of Human Services shall conduct an employability assessment of the education, training, skills, prior work experience and supportive service needs of individuals applying for and receiving assistance pursuant to the Temporary Assistance for Needy Families (TANF) program.

2. The Department shall arrange for administration of a recognized literacy screening for individuals who have not obtained a high school diploma or General Educational Development (GED) credential and have exhibited a lack of literacy skills. If, in the opinion of the Department, the applicant or recipient who has obtained a high school diploma or GED lacks reading skills to the extent that such insufficiency limits the applicant's or recipient's ability to become self-supporting, the Department shall refer the individual for a literacy assessment.

3. The Department shall utilize existing community resources, including, but not limited to, volunteer literacy groups and adult basic education programs, when arranging for literacy assessments and remediation of clients who lack sufficient reading skills.

B. The Department of Human Services shall require services to be provided to each applicant or recipient of benefits in any program according to a written personal responsibility agreement. The agreement shall reflect the education, training, skills, prior work experience and supportive service needs of the applicant or recipient and shall be:

1. Written in English, or translated into Spanish or other language, according to the applicant's or recipient's needs;

2. Signed by the applicant or recipient;

3. Signed by the parent of the applicant or recipient if the applicant or recipient is under eighteen (18) years of age;

4. Signed by the case manager; and

5. Reviewed by both the applicant or recipient and the case manager at least once a year. The agreement may be revised from time to time according to the needs of the recipient, the recipient's family and the program.

C. The personal responsibility agreement shall set forth the specific responsibilities of the recipient, at a minimum, to:

1. Develop a detailed plan for achieving self-sufficiency;

2. Participate in any educational or training program required by the Department pursuant to the results of the employability and literacy assessments;

3. Participate in life-skills training including, but not limited to, financial management classes, conflict resolution training, and social skills development;

4. Be available for and actively seek and maintain employment, and accept any reasonable employment as soon as it becomes available as required by the TANF program;

5. Participate in a community service, public works or private sector job pursuant to the requirements of the Statewide Temporary Assistance Responsibility System and the results of the employability and literacy assessments;

6. If the recipient is a minor parent, live in a supervised adult setting;

7. Accept responsibility for ensuring that the recipient's child complies with the attendance requirements of the local school district and attends school until the child of the recipient either:

a.graduates from high school or attains a high school equivalency certificate, or

b.becomes nineteen (19) years of age,

whichever occurs first;

8. Accept responsibility for attending any classes required by a program at least ninety percent (90%) of the time;

9. Immunize the recipients' minor children pursuant to the State Department of Health's immunization schedule; and

10.a.Undergo a literacy skills assessment utilizing a testing instrument which measures whether such recipient is reading at a minimum of an eighth grade reading level, where the recipient has the capacity to read at such level or, regardless of reading level, which indicates that the recipient would benefit from compulsory participation in a literacy skills improvement program.

b.Based on the results of the assessment, the recipient shall agree to enroll and actively participate in a literacy skills improvement program and provide documentation of substantial quantifiable literacy improvement. Any recipient who is reading at less than an eighth grade level shall be required to continue to substantially and quantifiably improve his or her reading skills until such recipient demonstrates a level of reading proficiency that is at least equal to an eighth grade reading level.

c.On or before December 31 of each year, the Department of Human Services shall annually provide to the Governor, the President Pro Tempore of the Senate and the Speaker of the House of Representatives a written report outlining by age the number of recipients:

(1)assessed for literacy skills,

(2)who failed to demonstrate eighth grade reading level proficiency,

(3)who agreed to enroll and participate in a literacy skills improvement program, and

(4)who either provided documentation of substantial quantifiable literacy skills improvement or whose case was closed prior to completion.

D. The Department may sanction or impose financial penalties on a recipient for failure to comply with the provisions of the personal responsibility agreement.

Added by Laws 1995, c. 346, § 27, eff. July 1, 1995. Amended by Laws 1997, c. 414, § 16, eff. Sept. 1, 1997. Renumbered from § 230.18 of this title by Laws 1997, c. 414, § 32, eff. Sept. 1, 1997; Laws 1998, c. 5, § 16, emerg. eff. March 4, 1998; Laws 2009, c. 130, § 1, eff. Nov. 1, 2009.

NOTE: Laws 1997, c. 392, § 5 repealed by Laws 1998, c. 5, § 29, emerg. eff. March 4, 1998.