HAR §17-661-17. Training requirements for RCA

(a) As a condition for continued receipt of RCA, the refugee who is unemployed or employed less than one hundred hours per month, shall be required to participate in training such as English language or skill training, if available, and if determined appropriate by the service agency approved by the state. (b) The refugee who is employed one hundred or more hours per month, shall be encouraged to participate in part-time English language or skill training. [Eff 3/19/93 ] (Auth: HRS §346-14) (Imp: HRS §346-56; 45 C.F.R. §400.75) §17-661-18 Appropriate employment and training criteria for RCA. (a) The determination of appropriate work or training for the RCA refugee shall 661-11 be made by the state employment service or the service agency approved by the state. (b) The work or training site to which the individual is assigned shall not be in violation of applicable federal, state, and county health and safety standards. (c) Assignments shall not be made which are discriminatory in terms of age, sex, race, creed, color, or national origin. (d) The total commuting time to and from a work or training site to which the individual is assigned shall not normally exceed two hours, not including the transporting of a child to and from a child care facility. A longer commuting distance and time may generally be accepted in the community, in which case the round-trip commuting time shall not exceed the generally accepted community standards. (e) Full-time attendance in a college program for a person aged eighteen or over shall be considered appropriate training for an individual provided: (1) The individual is a professional in need of professional refresher training and other recertification services to qualify to practice his or her profession in the United States: and (2) The training: (A) Is approved as part of the individual's employability plan by the state agency; (B) Does not exceed the specified time period to receive RCA benefits; (C) Is specifically intended to assist the professional in becoming relicensed in his or her profession; and (D) If completed, can realistically be expected to result in such relicensing. (f) A refugee of any age who is otherwise eligible shall not be denied RCA while enrolled and participating in a full-time training program which has a definite short-term, less than one year employment objective, which is part of an employability plan approved by the service agency approved by the department. (g) When child care is required during the hours the individual is in training, or is in English 661-12 language instruction, or when child care is required for additional commuting time, a referral for assistance shall be made by the eligibility worker to the department's social service section. (h) The individual's claim of adverse effect of a job or training assignment on the individual's physical or mental health shall be based upon medical verification from a physician or certified psychologist that participation would impair the individual's physical or mental health. [Eff 3/19/93 ] (Auth: HRS §346-14) (Imp: 45 C.F.R. §400.81) §17-661-19 RCA employment and training exemptions. (a) A refugee shall be considered employable unless one of the following exemptions applies: (1) The individual is under age sixteen, or under age eighteen and is a full-time student as specified in chapter 17-656; (2) The individual is age eighteen and is: (A) A full-time student in a secondary school or in the equivalent level of vocational or technical training, as specified in chapter 17-656, and is reasonably expected to complete the program before reaching age nineteen; or (B) Enrolled full-time in training as part of an employability plan approved by the service agency approved by the department; (3) A person is ill, incapacitated, or over age sixty-five. The incapacity shall be verified through a written medical, psychological, or psychiatric report showing the limitations and the estimated period of incapacity; (4) A person whose presence in the home is required because of illness or incapacity of another member of the household; (5) A mother or other caretaker of a child under the age of six who is caring for the child; or (6) A mother or other caretaker of a child, when the nonexempt father or other nonexempt adult 661-13 relative in the house is registered and has not refused to accept employment without good cause. (b) A refugee shall not be exempt from accepting employment because of part-time participation in training under an approved employability plan by the service agency approved by the department. (c) Inability to communicate in English shall not make the refugee unemployable. [Eff 03/19/93] (Auth: HRS §§346-14, 346-56) (Imp: HRS §346-56, 45 C.F.R. §400.76)