(a) In programs that serve noncustodial parents, the operating
entity must give preference to those noncustodial parents who qualify
under Sec. 645.212(c)(2)(i) of this subpart over other noncustodial
parents. The preference for admission into the program applies only to
noncustodial parents and not to any other group eligible under the
``general eligibility'' provisions of Sec. 645.212(a) or (b) or the
``other eligibles'' provisions of Sec. 645.213. The preference does not
require that the category of noncustodial parents eligible under
Sec. 645.212(c)(2)(i) must be exhausted before any other category of
eligible noncustodial parents may be served. The operating entity may
establish a process that gives preference to noncustodial parents
eligible under Sec. 645.212(c)(2)(i) and that also provides WtW
services to noncustodial parents eligible under the other provisions of
Sec. 645.212(c)(2).
(b) In order to protect custodial parents and children who may be
at risk of domestic violence, the operating entity must consult with
domestic violence prevention and intervention organizations in the
development of its WtW project serving noncustodial parents; and must
not require the cooperation of the custodial parent as a condition of
participation in the WtW program for either parent; and
(c) The operating entity must ensure that personal responsibility
contracts:
(1) Take into account the employment and child support status of
the noncustodial parent;
(2) Include all of the following parties:
(i) The noncustodial parent,
(ii) The operating entity, and
(iii) The agency responsible for administering the State Child
Support Enforcement program as described under Title IV-D of the Act,
unless the
operating entity demonstrates to the Secretary of Labor with written
documentation that it is not able to coordinate with the State IV-D
agency;
(3) Include the following elements:
(i) A commitment by the noncustodial parent to cooperate:
(A) In the establishment of paternity (if the participant is male)
of the minor child at the earliest opportunity, through voluntary
acknowledgment or other procedures, and
(B) In the establishment of a child support order;
(ii) A commitment by the noncustodial parent to cooperate in the
payment of child support for the minor child. This commitment may
include a modification of an existing support order to take into
account:
(A) The ability of the noncustodial parent to pay such support; and
(B) The participation of the noncustodial parent in the WtW
program, and
(iii) A commitment by the noncustodial parent to participate in
employment or related activities that will enable the noncustodial
parent to make regular child support payments. For noncustodial parents
who have not reached 20 years of age, such activities may include:
(A) Completion of high school,
(B) Earning a general equivalency degree, or
(C) Participating in other education directly related to
employment;
(iv) A description of the services to be provided to the
noncustodial parent under the WtW program;
(4) Contain a commitment by the noncustodial parent to participate
in the services that are described in the personal responsibility
contract under paragraph (c)(3)(iv) of this section; and
(5) Be entered into no later than thirty (30) days after the
individual is enrolled in and is receiving services through a WtW
project funded under this part, unless the operating entity has
determined that good cause exists to extend this period. This extension
may not extend to a date more than ninety (90) days after the
individual is enrolled in and receiving services through a WtW project
funded under this part.
