Bill Text: CT SB00895 | 2015 | General Assembly | Comm Sub

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Bill Title: An Act Concerning Temporary Family Assistance.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2015-03-04 - Favorable Change of Reference, House to Committee on Appropriations [SB00895 Detail]

Download: Connecticut-2015-SB00895-Comm_Sub.html

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General Assembly		Raised Bill No. 895
January Session, 2015		LCO No. 3366
		*_____SB00895HS_APP022715____*
Referred to Committee on HUMAN SERVICES
Introduced by:
(HS)

AN ACT CONCERNING TEMPORARY FAMILY ASSISTANCE.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 17b-112 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):

(a) The Department of Social Services shall administer a temporary family assistance program under which cash assistance shall be provided to eligible families in accordance with the temporary assistance for needy families program, established pursuant to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. The Commissioner of Social Services may operate portions of the temporary family assistance program as a solely state-funded program, separate from the federal temporary assistance for needy families program, if the commissioner determines that doing so will enable the state to avoid fiscal penalties under the temporary assistance for needy families program. Families receiving assistance under the solely state-funded portion of the temporary family assistance program shall be subject to the same conditions of eligibility as those receiving assistance under the federal temporary assistance for needy families program. Under the temporary family assistance program, benefits shall be provided to a family for not longer than twenty-one months, except as provided in subsections (b) and (c) of this section and section 17b-112k. For the purpose of calculating said twenty-one-month time limit, months of assistance received on and after January 1, 1996, pursuant to time limits under the aid to families with dependent children program, shall be included. For purposes of this section, "family" means one or more individuals who apply for or receive assistance together under the temporary family assistance program. If the commissioner determines that federal law allows individuals not otherwise in an eligible covered group for the temporary family assistance program to become covered, such family may also, at the discretion of the commissioner, be composed of (1) a pregnant woman, or (2) a parent, both parents or other caretaker relative and at least one child who is under the age of eighteen, or who is under the age of nineteen and a full-time student in a secondary school or its equivalent. A caretaker relative shall be related to the child or children by blood, marriage or adoption or shall be the legal guardian of such a child or pursuing legal proceedings necessary to achieve guardianship. If the commissioner elects to allow state eligibility consistent with any change in federal law, the commissioner may administratively transfer any qualifying family cases under the cash assistance portion of the state-administered general assistance program to the temporary family assistance program without regard to usual eligibility and enrollment procedures. If such families become an ineligible coverage group under the federal law, the commissioner shall administratively transfer such families back to the cash assistance portion of the state-administered general assistance program without regard to usual eligibility and enrollment procedures to the degree that such families are eligible for the state program.

(b) For purposes of this subsection, "incapacitated" means a medical impairment that limits work activity to not more than ten hours per week. The Commissioner of Social Services shall exempt a family from such time-limited benefits for circumstances including, but not limited to: (1) A family with a needy caretaker relative who is incapacitated or of an advanced age, as defined by the commissioner, if there is no other nonexempt caretaker relative in the household; (2) a family with a needy caretaker relative who is needed in the home because of the incapacity of another member of the household, if there is no other nonexempt caretaker relative in the household; (3) a family with a caretaker relative who is not legally responsible for the dependent children in the household if such relative's needs are not considered in calculating the amount of the benefit and there is no other nonexempt caretaker relative in the household; (4) a family with a caretaker relative caring for a child who is under one year of age [and who was born not more than ten months after the family's enrollment] if there is no other nonexempt caretaker relative in the household; (5) a family with a pregnant or postpartum caretaker relative if a physician has indicated that such relative is unable to work and there is no other nonexempt caretaker relative in the household; (6) a family with a caretaker relative determined by the commissioner to be unemployable and there is no other nonexempt caretaker relative in the household; [and] (7) minor parents attending and satisfactorily completing high school or high school equivalency programs; (8) a family with a caretaker relative attending and satisfactorily completing high school or a high school equivalency program; and (9) a family with a caretaker relative who is (A) acquiring advanced and technical skills to increase employability and sustainable employment, or (B) enrolled in higher education courses, including, but not limited to, actively pursuing and satisfactorily completing an associate's degree or an apprenticeship program.

(c) (1) A family who is subject to time-limited benefits may petition the Commissioner of Social Services for six-month extensions of such benefits. [The] Except as provided in subdivision (2) of this subsection, the commissioner shall grant not more than two extensions under this subdivision to such family who has made a good faith effort to comply with the requirements of the program and despite such effort has a total family income at a level below the payment standard, or has encountered circumstances preventing employment including, but not limited to: [(1)] (A) Domestic violence or physical harm to such family's children; or [(2)] (B) other circumstances beyond such family's control. The commissioner shall disregard ninety dollars of earned income and the cost of child care for needy families with income above the payment standard in determining applicable family income. The commissioner may grant a subsequent six-month extension if each adult in the family meets one or more of the following criteria: [(A)] (i) The adult is precluded from engaging in employment activities due to domestic violence or another reason beyond the adult's control; [(B)] (ii) the adult has two or more substantiated barriers to employment including, but not limited to, the lack of available child care, substance abuse or addiction, severe mental or physical health problems, one or more severe learning disabilities, domestic violence or a child who has a serious physical or behavioral health problem; [(C)] (iii) the adult is working thirty-five or more hours per week, is earning at least the minimum wage and continues to earn less than the family's temporary family assistance payment standard; or [(D)] (iv) the adult is employed and works less than thirty-five hours per week due to [(i)] a documented medical impairment that limits the adult's hours of employment, provided the adult works the maximum number of hours that the medical condition permits, or [(ii)] the need to care for a disabled member of the adult's household, provided the adult works the maximum number of hours the adult's caregiving responsibilities permit. Families receiving temporary family assistance shall be notified by the department of the right to petition for such extensions.

(2) In addition to any extension available pursuant to subdivision (1) of this subsection, the commissioner shall grant two six-month extensions to a family in which the caretaker relative has made a good faith effort to comply with the requirements of the program, has become employed while receiving cash assistance and applies for the extensions available under this subdivision at the end of the family's initial twenty-one months of assistance, provided the family has a total family income at or above the payment standard but less than the federal poverty level. The commissioner shall disregard ninety dollars of earned income and the cost of child care for a needy family with income above the payment standard in determining applicable family income. The benefit available to such family shall be limited to an amount equal to two-thirds of the benefit available to a family in such circumstances with total family income at a level below the payment standard for the first six-month extension and one-third of the benefit available to a family in such circumstances with total family income at a level below the payment standard for the second six-month extension.

(3) Notwithstanding the provisions of this section, the commissioner shall not provide benefits under the state's temporary family assistance program to a family that is subject to the twenty-one month benefit limit and has received benefits beginning on or after October 1, 1996, if such benefits result in that family's receiving more than sixty months of time-limited benefits unless that family experiences domestic violence, as defined in Section 402(a)(7)(B), P.L. 104-193. For the purpose of calculating said sixty-month limit: [(I)] (A) A month shall count toward the limit if the family receives assistance for any day of the month, and [(II)] (B) a month in which a family receives temporary assistance for needy families benefits that are issued from a jurisdiction other than Connecticut shall count toward the limit.

(d) Under said program (1) no family shall be eligible that has total gross earnings exceeding the federal poverty level, however, in the calculation of the benefit amount for eligible families and previously eligible families that become ineligible temporarily because of receipt of workers' compensation benefits by a family member who subsequently returns to work immediately after the period of receipt of such benefits, earned income shall be disregarded up to the federal poverty level; and (2) [the increase in benefits to a family in which an infant is born after the initial ten months of participation in the program shall be limited to an amount equal to fifty per cent of the average incremental difference between the amounts paid per each family size. Except] when determining eligibility for a six-month extension of benefits pursuant to subsection (c) of this section, the commissioner shall disregard the first fifty dollars per month of income attributable to current child support that a family receives in determining eligibility and benefit levels for temporary family assistance. Any current child support in excess of fifty dollars per month collected by the department on behalf of an eligible child shall be considered in determining eligibility but shall not be considered when calculating benefits and shall be taken as reimbursement for assistance paid under this section, except that when the current child support collected exceeds the family's monthly award of temporary family assistance benefits plus fifty dollars, the current child support shall be paid to the family and shall be considered when calculating benefits.

(e) A family receiving assistance under said program shall cooperate with child support enforcement, under title IV-D of the Social Security Act. A family shall be ineligible for benefits for failure to cooperate with child support enforcement.

(f) A family leaving assistance at the end of (1) said twenty-one-month time limit, or any extension granted pursuant to subsection (c) of this section, including a family with income above the payment standard, or (2) the sixty-month limit shall have an interview for the purpose of being informed of services that may continue to be available to such family, including employment services available through the Labor Department. [Said] Such interview shall contain a determination of benefits available to [said] such family provided by the Department of Social Services. [Said] Such interview shall also include a determination of whether such family is eligible for supplemental nutrition assistance or Medicaid. Information and referrals shall be made to such [a] family for services and benefits including, but not limited to, the earned income tax credit, rental subsidies emergency housing, employment services and energy assistance.

(g) An applicant or recipient of temporary family assistance who is adversely affected by a decision of the Commissioner of Social Services may request and shall be provided a hearing in accordance with section 17b-60.

(h) Funds authorized for the temporary assistance for needy families program, established pursuant to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, shall not be included in the General Fund, but shall be included in the budget of, and administered solely by, the Department of Social Services, as authorized by this section and federal law.

Sec. 2. Section 17b-688c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):

(a) The Department of Social Services shall administer, in accordance with sections 17b-688h and 17b-688i, an employment services program for the purpose of providing employment services to recipients of benefits under the temporary assistance for needy families program pursuant to Title IV-A of the Social Security Act. [Said] The employment services program shall include the provision of employment services, including, but not limited to, access to child care to recipients of temporary family assistance that will enable them to become employed and independent of cash assistance within twenty-one months of receipt of temporary family assistance.

(b) The Department of Social Services shall ensure access to high school or a high school equivalency program to caretaker relatives in families receiving benefits under the temporary assistance for needy families program who have not completed high school or a high school equivalency program. To the extent permissible under federal law, the department shall include among eligible employment participation activities, adult education and workforce training.

[(b)] (c) In no event shall temporary family assistance be granted to an applicant for such assistance, who is not exempt from participation in the employment services program, prior to the applicant's attendance at an initial scheduled employment services assessment interview and participation in the development of an employment services plan. The Department of Social Services shall not delay temporary family assistance to an applicant in cases where the department schedules the initial employment services assessment interview more than ten business days after the date on which application for assistance is made, or in cases where the Labor Department does not complete an employment services plan for the benefit of the applicant within ten business days of the date on which the applicant attends an employment services assessment interview. The Commissioner of Social Services shall refer any applicant denied temporary family assistance, who may be in need of emergency benefits, to other services offered by the Department of Social Services or community services that may be available to such applicant. The Department of Social Services shall reduce the benefits awarded to a family under the temporary family assistance program when a member of the family who is required to participate in employment services fails to comply with an employment services requirement without good cause. The first instance of noncompliance with an employment services requirement shall result in a twenty-five per cent reduction of such benefits for three consecutive months. The second instance of noncompliance with such requirement shall result in a thirty-five per cent reduction of such benefits for three consecutive months. A third or subsequent instance of noncompliance with such requirement shall result in the termination of such benefits for three consecutive months. If only one member of a family is eligible for temporary family assistance and such member fails to comply with an employment services requirement, the department shall terminate all benefits of such family for three consecutive months. Notwithstanding the provisions of this subsection, the department shall terminate the benefits awarded to a family under the temporary family assistance program if a member of the family who is not exempt from the twenty-one-month time limit specified in subsection (a) of section 17b-112, as amended by this act, fails, without good cause, to: (1) Attend any scheduled assessment appointment or interview relating to the establishment of an employment services plan, except that such individual's benefits shall be reinstated if the individual attends a subsequently scheduled appointment or interview within thirty days of the date on which the department has issued notification to the individual that benefits have been terminated, or (2) comply with an employment services requirement during a six-month extension of benefits. Any individual who fails to comply with the provisions of subdivision (1) of this subsection may submit a new application for such benefits at any time after termination of benefits.

[(c)] (d) The Department of Social Services shall not enter into or renew any contractual obligations for the employment services program that extend beyond June 30, 1998. Within fifteen days after execution of such contractual obligations, the Department of Social Services shall send to the Labor Department a copy of such contracts for the information of the Labor Department.

[(d)] (e) The Commissioner of Social Services shall implement policies and procedures necessary to carry out the purposes of this section while in the process of adopting such policies and procedures in regulation form, provided notice is published [in the Connecticut Law Journal within] on the department's Internet web site and the eRegulations System not later than twenty days after the date of implementation of such policies and procedures. Policies and procedures implemented pursuant to this section shall be valid until the time final regulations are effective.

This act shall take effect as follows and shall amend the following sections:
Section 1	July 1, 2015	17b-112
Sec. 2	July 1, 2015	17b-688c

HS

Joint Favorable C/R

APP