California Department of Social Services - State Hearings Division
Notes from the Training Bureau - February 24, 1999

Reference: MPP 42-711.543

Section 42-711.543 states:

A program will be determined to lead to employment if it is on a list of programs that the CWD and local education agencies or providers agree lead to employment. Subsection (a) says that the list must be agreed to annually with the first list completed no later than January 31, 1998. Subsections (b) and (b)(1) state that for a program not on the list, the CWD shall determine if the program leads to employment. The recipient shall be allowed to continue in the program... if the recipient demonstrates to the CWD that the program will lead to self-supporting employment for that recipient and the documentation is included in the WtW plan.

In some WtW hearings, the issue is whether the county correctly denied approval of the claimant's SIP. What is the result if the county fails to meet its obligation under MPP §42-711.543 to have an updated list of approvable SIPs?

The answer according to state policy, is that the claimant still has the burden of establishing that the SIP will lead to self-supporting employment even if the county has not met its obligation to have an updated list. The following are excerpts from comments and the Department's response to WtW regulations that had been approved on an emergency basis effective July 1, 1998. Public hearings were held in September 1998 for the Department to address public comments.

Comment

"has learned that several counties have not created lists of approved SIPs, as required under the statute. To encourage counties to work with local providers to prepare such lists, the regulations should state that failure to have a list shall mean that the county may not withhold approval to recipients enrolled in community college programs or public post-secondary schools.

"Moreover, the regulations should provide that if a requested program is not on the list, then the recipient shall be allowed a reasonable period of time, not less than four weeks to demonstrate that the program will lead to employment."

Response

"The intent of this regulation is that a determination be made as to whether a given educational program is likely to lead to employment. If the county has no list, Section 42-711.543(b) allows recipients to demonstrate to the county that their SIPs lead to employment. Even if a county fails to meet its responsibility to establish an approved list, it would not be reasonable to allow a SIP without making a determination that a given educational program is likely to lead to employment, given that a recipient's time on aid is limited."

"There's no statutory authority to establish a regulatory minimum time for recipients neither (sic) to show that an educational program will lead to employment nor (sic) to require that the recipient written denial of a SIP."

Judges therefore must write a decision as a proposed decision if they approve a SIP solely because the county has no SIP list or has failed to present into evidence a list of approved SIPs.

The burden is on the claimant to establish that the SIP will lead to employment before a SIP may be approved regardless of whether or not a list exists or the county provides a copy of such list at the hearing. Neither Section 42-711.543, nor any other section however, specifies what evidence a recipient must submit to establish that a SIP will lead to (self-supporting) employment.