Section 405.3 - Responsibilities and obligations of department, applicants and recipients(a) Subject to Federal approval, only where necessary, each adult applicant or recipient of cash assistance or other person who is required to sign an application for assistance shall be required as a condition of eligibility to enter into a mutual agreement with the department that will set forth the responsibilities and obligations to be undertaken by the recipient to achieve self-sufficiency, the time frames within which each obligation is to be completed, the penalties for failure to comply and the actions to be taken by the department to support the efforts of the applicant or recipient. Where appropriate, these obligations shall include, but not be limited to:(1) Providing timely and accurate information required under section 432.2.(2) Cooperating in the determination of paternity and enforcement of support obligations as required under section 432.7.(3) Seeking and participating in an educational program leading to a high school diploma or its equivalent, job training or work-related activities as required under section 405.1(a.2).(4) Maintaining employment as a condition for receiving cash assistance as required under section 405.1(a.2).(5) Obtaining prenatal care consistent with nationally recognized standards.(6) Maintaining the health and well-being of his or her children, including:(i) ensuring that children attend school and pursue a high school diploma or its equivalent;(ii) ensuring that children receive immunizations, appropriate health screenings and necessary medical treatment, consistent with nationally recognized standards;(iii) performing any other appropriate activity based on an assessment of the education level, parenting skills and history of parenting activities and involvement of each parent who is applying for assistance;(iv) meeting other requirements as established by the department.(7) Fulfilling obligations for remaining free of alcohol and illegal drugs if it is determined that a person has an ongoing substance-abuse problem that presents a barrier to employment. These obligations include:
(i) participating in, maintaining compliance with and satisfactorily completing a drug and alcohol program licensed or approved by the Department of Health or administered by an agency of the Federal Government; or(ii) providing proof of substance-free status by submitting to periodic drug testing by a licensed drug and alcohol treatment provider or appropriate authorized licensed practitioner and testing substance free.(8) Fulfilling all obligations for payment of day care fees for care provided.(9) Fulfilling all obligations for payment of support service fees for which allowances have been provided.(d) Nothing in this section shall be interpreted as requiring the department to develop or offer employment, education, training, work-related activities or work experience programs.(e) Any person who is required to sign an application for assistance and fails or refuses, without good cause, to enter into or cooperate in the completion of an agreement of mutual responsibility shall be ineligible for cash assistance.(f) Penalties shall be imposed on an applicant or recipient of cash assistance who fails to comply with the obligations set forth in the agreement of mutual responsibility. Penalties shall include disqualification from receiving assistance as follows: (1) Sanctions for failure to comply with employment and work-related requirements as set forth in section 432.3(a)(1) and (2).(2) Sanctions for failure to cooperate with child support requirements as set forth in section 432.7A.(3) Sanctions for failure to disclose truthful and accurate information as set forth in section 481.(4) Sanctions for failure to cooperate with other aspects of the agreement of mutual responsibility shall include discontinuance or reduction of cash assistance, in addition to other penalties established by the department.1967, June 13, P.L. 31, art. 4, § 405.3, added 1994, June 16, P.L. 319, No. 49, § 4, effective in 60 days. Amended 1996, May 16, P.L. 175, No. 35, § 6, effective 10/1/1996.