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HomeMy WebLinkAbout20200558.tiffRESOLUTION RE: APPROVE ADDITIONS TO SECTION 8.000 EMPLOYMENT SERVICES OF THE DEPARTMENT OF HUMAN SERVICES POLICIES AND GUIDELINES MANUAL WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with additions to Section 8.000 Employment Services of the Department of Human Services Policies and Guidelines Manual, and WHEREAS, after review, the Board deems it advisable to approve said additions, copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the additions to Section 8.000 Employment Services of the Department of Human Services Policies and Guidelines Manual, be, and hereby is, approved. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of February, A.D., 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: j.th,J G .JK.Gto%ok, Mike Freeman, Chair Weld County Clerk to the Board BY: Deputy Clerk to the Boa APP'ev' DAST ount Attorney Date of signature: 9x/20/20 Steve Moreno, Pro-Tem VACANT . James arbara Kirkmeyer c.c..- : fISO, Ca,C (1 /C, ) 03104 /Z,o 2020-0558 HR0092 • /110 PRIVILEGED AND CONFIDENTIAL MEMORANDUM DATE: January 8, 2020 TO: Board of County Commissioners — Pass -Around FR: Judy A. Griego, Director, Human Services RE: Various Additions and/or Revisions to the Department's Policies and Guidelines Manual — Child Welfare and Employment Services Please review and indicate if you would like a work session prior to placing this item on the Board's agenda. Request Board Approval of the Department's Various Additions and/or Revisions to the Department's Policies and Guidelines Manual — Child Welfare and Employment Services. The following policies (attached) have been developed by involved Department staff and were provided to Legal for review and comments. • 2.3.220. Child Welfare - Foster Care Database (REVISION) The Weld County Department of Human Services (WCDHS) shall maintain a database of current, accurate information regarding available placements in Weld County Foster Homes. The information in the database shall identify available vacancies, capacity, ages and gender of children accepted by Weld County Foster Homes. • 2.3.250. Child Welfare — Dual Certification or Licenses (REVISION) This revision has been drafted to allow families to become dual care providers if all provisions of Volume 7.500.324 are met. Both a foster care certification and a family child care license can be pursued by a family; however, the two cannot be pursued simultaneously. County providers with dual licenses are certified by the County for foster care and licensed by the State for child care. • 2.3.260. Child Welfare — Weld County Department of Human Services Certified Foster Care Home Consultation Program (NEW) The policy has been drafted to support the Weld County Department of Human Services (WCDHS) Certified Foster Care Home Consultation Program which provides for professional consultation for WCDHS Certified Foster Care Homes only. • 8.1.20. Employment Services — Work Experience/Internship Placements Operated by Employment Services of Weld County (NEW) This policy has been developed in conjunction with the Weld County Workforce Development Board's "Work Experience/Internship Placements - Policy Number WCWDB-21-2018-1 ". This policy applies to all employment and training programs Pass -Around Memorandum; January 8, 2020 — Not in CMS 2020-0558 oa/ta 1-1R 0092 PRIVILEGED AND CONFIDENTIAL operated by Employment Services of Weld County (ESWC) and establishes standards for management and staff which outline the process and procedures for placement of program participants in work experience/internship or other subsidized employment activities. 8.1.30. Employment Services — Teamwork innovation Growth Hope and Training (TIGHT) Residential Community Service (NEW) The Teamwork Innovation Growth Hope and Training (TIGHT) Residential Community Service policy was developed to provide consistent processes and operational guidance regarding the eligibility of community service project requests for residents of Weld County. I do not recommend a Work Session. I recommend approval of these policies. Sean P. Conway Mike Freeman, Chair Scott James Barbara Kirkmeyer Steve Moreno, Pro -Tern Approve Schedule Recommendation Work Session Other/Comments: Pass -Around Memorandum; January 8, 2020 — Not in CMS Page 2 De artment of Human S =rvices Policies CHAPTER 8 — Employm nt Services ARTICLE I - Programs Sec. 8.1.20. — Work Expe ience/Internship Placements Operated by Employment Services of Weld County A. Purpose The Work Experience/Internship Placement Operated by Employment Services of Weld County policy has been developed in conjunction with the Weld County Workforce Development Board's "Work Experience/Internship Placements - Policy Number WCWDB- 21-2018-1". This policy applies to all employment and training programs operated by Employment Services of Weld County (ESWC). The policy establishes standards for management and staff which outline the process and procedures for placement of program participants in work experience/internship or other subsidized employment activities. The policy also provides information regarding the steps for those placements to ensure consistency. Case managers, in all employment and training programs operated under ESWC, shall follow this policy. B. Background Work experience/internship placements (including Alternative Work Experience Placement (AWEP) and Community Work Experience Placement (CWEP) under the Temporary Assistance for Needy Families (TANF) Program) are typically designed to promote the development of good work habits and basic work skills for individuals who have never worked or have been out of the labor force for an extended period. An individual who has not worked within two (2) years, with an employer for three (3) months or longer, would be considered out of the labor force for an extended period. Work experience/internship activities are designed to increase or develop the long-term employability of program participants through exposure to the workforce and by establishing an employee role for the participant. The work experience/internship role is complete with identified job duties, performance requirements, and wages. All services described must be linked to the participant's program assessments, identified and justified in the Individual Employment Plan (IEP), Individual Responsibility Contract (IRC), or Individual Service Strategy (ISS), as appropriate to the program of participation. C. Benefits Work experience/internship placements in all programs are a viable activity to provide clients the opportunity to: 1. Acquire marketable skills through the performance of actual work; December 2019 Department of Human Services Policies 2. Develop specific occupational skills; 3. Obtain skills that make the participant more competitive for a potential On -the -Job Training placement with an employer; and 4. Fulfill specific program requirements (such as with the TANF and Employment First (EF) programs). D. Types For a participant who needs assistance in becoming accustomed to basic work requirements, work experience/internship placements can be short-term or part-time training assignments with a public, private, or nonprofit organizations. The placement should relate to the individual's employment goal. In cases where a work experience is being used to teach work maturity skills, such as; punctuality, showing up to work on a consistent basis, getting along with others and dressing appropriately, the placement does not necessarily have to relate to the individual's employment goal. A priority for placement in a work experience/internship activity would be the ability of the participant to pursue unsubsidized employment for that specific type of work. For example, clients who would not reasonably be able to obtain employment with a private sector employer in a similar position, due to a criminal background or other issues, should not be placed in a work experience placement for that type of occupation. The case manager must develop and structure work experience/internship placements to provide the participant with skills that are marketable and desirable by private sector employers. The goal of each work experience/internship placement should be for the participant to acquire skills that will eventually assist them in locating and securing unsubsidized employment leading to self- sufficiency. E. Worksite Classification As identified in the Weld County Workforce Development Board's "Work Experience/Internship Placements - Policy Number WCWDB-21-2018-1," and consistent with the goals identified above, worksites will be categorized based on what they are able and willing to provide to the participant. Generally, worksites will fall into the following groups: 1. Worksites that are flexible in their structure for participants and are willing to assist the participants in meeting the requirements of specific programs, such as TANF/EF/WIOA. These sites would also assist participants in gaining basic marketable soft skills, such as; showing up on time, attending as scheduled, getting along with others, etc. 2. Worksites generally unable or unwilling to hire participants but are willing to provide a structured environment for the individual to gain the skills necessary to keep a job. These sites would also provide experiences appropriate for the participant to explore a specific career field. December 2019 Department of Human Services Policies 3. Worksites that may or may not be able to hire the participant but are able to provide valuable training consistent with the goals, occupational skills, and training needed for a specific career field. Through participation in the work experience/internship placement at these sites, participants gain valuable documentable experiences to include in their resume. 4. Worksites that provide valuable training consistent with the goals, occupational skills, and training needed for a specific career field and have the potential for continued unsubsidized employment for the participant after the work experience/internship placement. These placements may also lead to an On -the -Job Training contract. Placements at these sites should be consistent with the goals and objectives outlined in the participants' program assessments, IEP, IRC, or ISS, as appropriate to the program of participation. F. Process/Procedures 1. Worksite Pre -Evaluation Questionnaire A Worksite Pre -Evaluation Questionnaire must be used to identify specific worksite needs, including the sites' requirements regarding criminal background checks. The case manager making initial contact with a potential new worksite will be required to complete the pre -evaluation and ensure copies are given to the supervisor/manager to place in the agency's work experience/internship employer worksite file. Worksite pre - evaluations are required to be completed prior to placing any participant at the worksite. 2. Worksite Evaluation for Youth Participants Worksites where youth participants will be placed must also evaluate the age appropriateness of the site, level of exposure to work readiness, job skills, and the level of supervision available for the youth participants. 3. Agreements and Worksite Pre -Evaluations It will be the responsibility of each case manager and the supervisor/manager to ensure the applicable program's worksite and participant agreement forms are completed and maintained in the agency's worksite file. Agreements and worksite pre -evaluations are required to be updated in accordance with specific program rules and updated no less than once each year. Agreements must be signed by the Employment Services Division Head. Specific Program Worksite Agreements, as well as other placement forms, are included as attachments to the Board's policy. 4. Worksite Risk Assessment a) Prior to arranging for the placement of a customer at a worksite, the case manager's supervisor/manager is required to send the worksite agreement and the work placement job description/job duties to Weld County Human Resources' (HR) Risk December 2019 Department of Human Services Policies Manager and request a risk assessment to be completed. This process is designed to mitigate any potential situations that may indicate a higher risk for Workers Compensation claims. When approval has been received, and not until then, the case manager may continue following the placement process. 5. Background Checks a) Prior to arranging for a client to be placed at an approved worksite, the case manager should review the worksite pre -evaluation form to determine whether a background check is required, as well as, identify whether the worksite can/will provide for a background check. If the worksite does provide the background check, the case manager may proceed with the process for placing the client at the worksite. b) If the worksite requires a background check but is unable to provide for the background check, the case manager is required to obtain a signed release of information for background checks from the participant. (Note: The Department guidance is to only provide background checks for those worksites that 1) require a background check, and 2) are unable to provide for the background check themselves.) The release must include the client name (including any alias, maiden name, aka's, etc.), the date of birth, and social security number. When the signed release is obtained, the case manager will request their program supervisor/manager run a Colorado State Courts —Data Access record search for the participant. Information obtained from this background check will then be used to determine whether the participant is an appropriate referral to the worksite based on the requirements outlined in the worksite evaluation. i. If the background check results have no criminal background, or if there are charges/convictions that the worksite has indicated in the worksite pre - evaluation they can accommodate, the placement may continue. ii. If the background check indicates charges that the worksite indicates are not acceptable, the placement cannot take place and another more suitable placement will need to be identified. iii. In no instance will the background check be provided to the work site. Information should only be used to ensure the viability of the placement as it relates to the work site's stated requirements. iv. Worksites that meet the requirements as stated and require a higher level or more in-depth background check(s) than that available through Colorado State Courts — Data Access, will be responsible for providing that level background check. 6. Special Process for Internal Weld County Department of Human Services (WCDHS) Placement December 2019 Department of Human Services Policies If the participant is going to be placed on a Work Experience/Internship internally, the case manager will utilize and follow the process established under the WCDHS Process and Request for Non -Employee Background Check form. In addition, the case manager will email the Employee Support and Resource Unit (ESR) at (hs- employeesupportandresourceunit@co.weld.co.us) and the Assessment & Learning Center Resource Specialist regarding the participants name, the Division the intern will be placed with, and their anticipated start date. a) After ESR receives notification of a new work experience/internship participant, they send the following notifications: i. ESR will request HR to create the participant's email, if needed, and a county badge. ii. ESR will also determine the onboarding date for the participant and send a Worker Status Form to Security and Technology. iii. Participants cannot be placed until notification from ESR is received. 7. Completion of Work Experience/Internship Related Forms After receipt of the approved risk assessment, completed background check, and confirming with the worksite that they are willing to accept the participant, the case manager is required to complete the requisite placement forms specific to the program of enrollment. Ideally, this is to take place prior to the actual start date of the work experience/internship. The Workforce Development Board's "Work Experience/Internship Policy" provides additional guidance and sample forms regarding work site placements. Case managers are to also follow the steps identified below (preferably prior to placement). a) Complete an action notice and email it to the Human Resources Assistant, at humanresources@co.weld.co.us, copy the supervisor/manager and advise what day the participant will be coming in to complete client payroll paperwork (W4 and I9). The action notice does require a case manager signature at the bottom of the form (HR will not accept the action notice if it is missing a signature). i. Ensure the participant has the appropriate documentation to complete their paperwork prior to visiting HR. They cannot begin their work experience/internship without complete documentation. (See the 1-9 list of acceptable documents — one (1) document from list A or one (1) document from list B and C.) b) Follow the Client Payroll Schedule and place the timesheets in the Youth Programs Case Manager's cubicle no later than 4pm on the day they are due. c) When the participant's work experience/internship ends, complete a termination action notice. The termination action notice should be sent to the HR Generalist. If December 2019 Department of Human Services Policies the participant was placed within WCDHS, email the termination action notice to the HR Generalist, the ESR Team, the Assessment & Learning Center Resource Specialist, as well as, copying the supervisor/manager with the following information: i. All information for personal data; ii. Termination acknowledgement; iii. Job data action; iv. Effective date, action code, reason code (end of temporary employment); and v. Authorized signature and date d) After ESR receives notification of the WCDHS work experience/internship end date, they will complete the following process: i. ESR will send an email to HR indicating the participant's last day and request the email access be disabled. ii. ESR will email Security and Technology to disable all security access. e) The Accounting Department will send out a spreadsheet when client payroll is being processed to notify ESWC when a timesheet is missing. If the participant has ended their work experience, and the termination action notice has been sent, reply to all advising the participant will not have a timesheet and the termination action notice was sent to the HR Generalist on mm/dd. Once client payroll is complete, the HR Generalist will then remove the participant from the system. G. Worksite Monitoring 1. On -site monitoring of work experiences/internships is required to ensure that the legal and performance requirements, as well as the work experience goals, are being met by all parties. 2. Work experience/internship placements need to be monitored to determine the effectiveness of the placement, as well as, the compliance with appropriate labor laws, policies, regulations and agreements. 3. Each Work Experience/Internship site will complete a Non -Financial Agreement prior to customer's engagement with the Work Experience/Internship site. The Non -Financial Agreement will clearly document responsibilities for each involved party to ensure each agency remains in compliance with Weld County Workforce Development Board's policy and ESWC program plans. 4. Worksites will be monitored, and potential problems will be brought to the immediate attention of the employer and appropriate action will be taken by the case manager. 5. Monitoring of worksite conditions and supervision for each Work Experience/Internship or other worksite is conducted throughout the participation of the client. Every new worksite must have a minimum of one (1) on -site monitoring performed. Bi-weekly informal monitoring will be completed throughout the life of the Work Experience/Internship Agreement. December 2019 Department of Human Services Policies 6. New sites will be informally monitored within 2 weeks of placement to ensure the requirements of time and attendance, appropriate work, and safety concerns are understood. 7. If areas of concern are noted during monitoring, or a case manager recognizes potential areas of concern, a formal review will be conducted to resolve the noted area. 8. Corrective action will be taken immediately on compliance or safety issues. If the issue cannot be immediately corrected, the placement will be suspended until corrective action is taken. Generally, corrective actions related to deficiencies will be made on the spot. Follow-up visits will be made within one (1) week, and formal monitoring tools will be completed and placed in the participant file. The designated case manager will be responsible for oversight and follow-up. 9. As part of the file review, a check of compliance issues, paperwork, time and attendance procedures, and the effectiveness of the activity will be completed. The ESWC Fiscal Officer will monitor and evaluate payroll procedures. H. Worksite Removal - Pattern of Failure A work experience agreement may not be written with an employer or worksite that has previously demonstrated a "pattern of failure," as defined by the local board. Such failure may include failing to provide participants with working conditions that are equal to those provided to regular employees who have worked a similar length of time and are doing the same type of work. I. Workplace Laws 1. Work experiences must be provided in accordance with existing Federal and State laws, which require fair and equal wages, and equal benefits and working conditions. Section 181 of the Workforce Innovations and Opportunity Act (WIOA) and the Fair Labor Standards Act prohibit work experience/internship activities from displacing current employees or creating a layoff, filling openings that resulted from a labor dispute, or infringing on the promotional opportunities of current employees. 2. The employer of record (in the case of the work experience/internship placements made under the programs operated by ESWC, is the employer of record) must provide workers' compensation insurance to work experience participants on the same basis as the compensation provided to other individuals in the State in similar employment. The worksite employer must adhere to labor laws and health and safety requirements. 3. Program funds may not be used for a work experience/internship that promotes or supports the use, possession or distribution of marijuana. 4. Section 188 of WIOA and rules established by TANF/EF prohibit participants from working on the construction, operation, or maintenance of a facility that is used primarily for religious instruction or worship. Work experience/internship placements are allowable December 2019 Department of Human Services Policies in faith -based community organizations, if the participant does not engage inherently in religious activities, such as religious worship, instruction, or proselytizing. In addition, work experience/internship participants may only be placed in faith -based organizations that do not discriminate against a person seeking help who is eligible for services. 5. The Colorado Youth Employment Opportunity Act regulates the employment of minors in Colorado. Paid youth work experience/internship complies with the requirements in program guidance. J. Documentation - Participant Case Files 1. Case files must include a copy of the appropriate work experience/internship agreement, documentation to justify wages, and case notes on the participant's progress. The agreement must clearly identify the occupational education components of the work experience/internship. 2. Acceptable documentation for wages must be tracked in accordance with the appropriate program rules, Connecting Colorado, local financial management systems, and the case file. Some examples of acceptable documentation might include: a) Attendance records b) Certificate of Completion c) Case notes verifying the completion and date of completion d) Time records or time sheets K. Process in case of injury on the job and Workers Compensation Claim 1. In the event of an injury sustained by a participant while at working at an authorized worksite, the case manager will follow the County Workers Compensation Claim process (also included in the Workers Compensation notice form) and complete all required paperwork within the specified time frames. When the case manager completes and submits the Workers Compensation Forms to the designated contact for County Administration, they are to include the participant's program and funding source information at the time of injury on the top right corner of the Supervisor's Accident/Incident Report form. 2. The case manager needs to also inform County HR whether the participant is unable to return to work at all AND whether they are going to continue to receive the compensation benefit from working. Typically, TANF participants will continue to receive their Basic Cash Assistance (BCA) and Food Stamp allotment; however, they would not continue to receive the wages earned from the worksite placement. Participants in WIOA and TANF do not continue to receive wages when not working. In every claim, the case manager is December 2019 Department of Human Services Policies to evaluate with the work site whether accommodations can be made within the identified work limitations, and if so, the placement may continue. In a case where the work site is unable to accommodate the identified limitations, potential alternative work site placements should be considered. Information regarding the continuation of work benefits is key to the State's Workers Compensation law. Additional communication may be necessary if the participant's continued absence is unknown immediately after injury (i.e. they return -to -work for a day or two, but then are taken off work afterward). The initial three (3) SCHEDULED work days missed will not compensated. a) All Workers Compensation claim information should be sent to the Risk Manager, Senior HR Generalist, and Human Resources Analyst. December 2019 Department of Human Services Policies CHAPTER 8 — Employment Services ARTICLE I - Programs Sec. 8.1.30. — Teamwork Innovation Growth Hope and Training (TIGHT) Residential Community Service A. Purpose The Teamwork Innovation Growth Hope and Training (TIGHT) Residential Community Service policy was developed to provide consistent processes and operational guidance regarding the eligibility of community service project requests for residents of Weld County. 1. The policy provides guidance to TIGHT Corps staff concerning when and how projects are selected, areas that need to be considered when determining appropriateness of the work and the site, and general process and procedures for projects. 2. The policy applies to all staff and members associated with the TIGHT Youth Corps Program and the individual resident(s) receiving services under the community services aspect of the program. 3. To ensure consistency, the policy establishes standards for management and staff to determine whether a request for services falls within the scope of the TIGHT Corps mission and the frequency which those requests can be honored. 4. All staff associated with the operation of the TIGHT Corps, including TIGHT Crew Leaders, will ensure this policy is followed. B. Process The TIGHT Youth Corps Program is designed to engage youth in community service, educational activities, and life skills development for approximately eight (8) hours a day, five (5) days a week. 1. TIGHT members assist communities with projects such as conservation and environmental projects, historical conservation, and preservation projects. Assistance to eligible low-income individuals, seniors, and individuals with disabilities unable to accomplish the work that is needed include: a) The correction of residential issues identified by code enforcement departments; b) Referrals for residential clean-up/snow removal from community based and non- profit organizations and other governmental entities; c) Other projects benefiting low-income seniors; and neighborhood beautification projects. 2. A community service worksite request for an individual will only be considered for low income seniors, and/or individuals with disabilities who are unable to accomplish the work themselves. 3. Individuals must be referred by a local municipality (e.g. code enforcement issues) or by a community based or non-profit agency working on behalf of the individual. December 2019 Department of Human Services Policies 4. A pre -evaluation of the worksite, risk assessment, and the requested work to be performed, must be completed by the Weld County Youth Conservation Corps (WCYCC) Coordinator, in conjunction with the TIGHT Corps crew leaders, to determine the appropriateness for utilization of the TIGHT Crew. a) The evaluation will include the identification of any specific worksite needs; including, the requirements regarding criminal backgrounds of the members. b) The staff person making initial contact with the referring agency will be required to ensure the appropriate TIGHT Program staff are informed and that an evaluation is completed prior to any work being performed. c) The evaluation of the worksites must also include: i. An evaluation of the age appropriateness of the site; ii. Level of exposure to work readiness and job skills; iii. The level of supervision available for the youth participants. 5. When information is obtained regarding the work request, the WCYCC Coordinator will email the information to the Human Services Funds Distribution group (HSFD) HS- HumanServicesFundsDistribution@weldgov.com to determine whether other requests for assistance have been made for the same individual and project. a) Once information/approval is obtained from the HSFD, the process may continue. b) In those instances where time does not allow for the HSFD to meet prior to the need for the project to begin (e.g. Code Enforcement violations needing immediate resolution), the email to the HSFD will suffice for the approval. 6. The WCYCC Coordinator and the TIGHT Crew Leader must ensure the applicable project process is followed and required documents are maintained in the program's worksite file, as follows: a) The worksite property owner/tenant must sign the Warranty Waiver, Liability Release and Hold Harmless Agreement; b) Agreements and Worksite Evaluations are required to be updated for each specific work request and updated as needed. 7. After the property owner has approved and signed the risk assessment, the evaluation and Warranty Waiver, and approval from the HSFD group is received, the TIGHT Crew may begin work on the project. 8. Once the project is completed, a Post Project Evaluation must be completed and signed by the property owner. C. Worksite Monitoring Community service worksite projects need to be monitored to determine the effectiveness of the placement as well as compliance with appropriate labor laws, policies, regulations and agreements. December 2019 Department of Human Services Policies 1. On -site monitoring of the community service worksite is required to ensure that the legal and performance requirements, as well as the worksite goals, are being met by all parties. 2. Worksites will be monitored, and potential problems will be brought to the immediate attention of the property owner and appropriate actions will be taken by the case manager. 3. Monitoring of worksite conditions and supervision for each TIGHT Crew member will be conducted throughout the project. 4. If areas of concern are noted during monitoring of the project, a formal review will be conducted to resolve the concern. 5. Corrective action will be taken immediately for compliance or safety issues. a) If the issue cannot be immediately corrected, work will be suspended until corrective action is taken. b) Generally, deficiencies will result in immediate corrective action. D. Discontinuation of Worksite Requests Community service worksites that are deemed to abuse the frequency of projects and/or demonstrate a "pattern of misuse" will be considered for discontinuation of future worksite requests and access to services. 1. A community service worksite may not receive services more than once a month, unless it is a project regarding snow removal, and only if the amount of snow causes a safety issue or the inability to access or depart from the residence. 2. Misuse may include failing to provide participants with working conditions that are suitable for the skill of the crew, abusing or berating crew members, falsely accusing members of wrong doing, or frequently asking for additional services not approved in the initial request. E. Workplace Laws Community services worksites must be provided, in accordance with existing Federal and State laws regulating Child Labor restrictions and working conditions The Colorado Youth Employment Opportunity Act regulates the employment of minors in Colorado. Paid youth work experience/internship complies with the requirements in program guidance. December 2019 Hello