LCO No. 4590 1 of 11 General Assembly Raised Bill No. 6635 January Session, 2021 LCO No. 4590 Referred to Committee on HUMAN SERVICES Introduced by: (HS) AN ACT CONCERNING TE MPORARY FAMILY ASSIS TANCE. 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 Section 17b-112 of the general statutes is repealed and the 1 following is substituted in lieu thereof (Effective July 1, 2021): 2 (a) The Department of Social Services shall administer a temporary 3 family assistance program under which cash assistance shall be 4 provided to eligible families in accordance with the temporary 5 assistance for needy families program, established pursuant to the 6 Personal Responsibility and Work Opportunity Reconciliation Act of 7 1996. The Commissioner of Social Services may operate portions of the 8 temporary family assistance program as a solely state-funded program, 9 separate from the federal temporary assistance for needy families 10 program, if the commissioner determines that doing so will enable the 11 state to avoid fiscal penalties under the temporary assistance for needy 12 families program. Families receiving assistance under the solely state-13 funded portion of the temporary family assistance program shall be 14 Raised Bill No. 6635 LCO No. 4590 2 of 11 subject to the same conditions of eligibility as those receiving assistance 15 under the federal temporary assistance for needy families program. 16 Under the temporary family assistance program, benefits shall be 17 provided to a family for not longer than [twenty-one] sixty months. [, 18 except as provided in subsections (b) and (c) of this section.] For the 19 purpose of calculating said [twenty-one-month] sixty-month time limit: 20 [, months] 21 (1) Months of assistance received on and after January 1, 1996, 22 pursuant to time limits under the aid to families with dependent 23 children program, shall be included, except for any months of assistance 24 received during the public health emergency declared by Governor Ned 25 Lamont related to the COVID-19 pandemic. For purposes of this section, 26 "family" means one or more individuals who apply for or receive 27 assistance together under the temporary family assistance program. If 28 the commissioner determines that federal law allows individuals not 29 otherwise in an eligible covered group for the temporary family 30 assistance program to become covered, such family may also, at the 31 discretion of the commissioner, be composed of [(1)] (A) a pregnant 32 woman, or [(2)] (B) a parent, both parents or other caretaker relative and 33 at least one child who is under the age of eighteen, or who is under the 34 age of nineteen and a full-time student in a secondary school or its 35 equivalent. A caretaker relative shall be related to the child or children 36 by blood, marriage or adoption or shall be the legal guardian of such a 37 child or pursuing legal proceedings necessary to achieve guardianship. 38 If the commissioner elects to allow state eligibility consistent with any 39 change in federal law, the commissioner may administratively transfer 40 any qualifying family cases under the cash assistance portion of the 41 state-administered general assistance program to the temporary family 42 assistance program without regard to usual eligibility and enrollment 43 procedures. If such families become an ineligible coverage group under 44 the federal law, the commissioner shall administratively transfer such 45 families back to the cash assistance portion of the state-administered 46 general assistance program without regard to usual eligibility and 47 enrollment procedures to the degree that such families are eligible for 48 Raised Bill No. 6635 LCO No. 4590 3 of 11 the state program; [.] 49 [(b) The Commissioner of Social Services shall exempt a family from 50 such time-limited benefits for circumstances including, but not limited 51 to: (1) A family with a needy caretaker relative who is incapacitated or 52 of an advanced age, as defined by the commissioner, if there is no other 53 nonexempt caretaker relative in the household; (2) a family with a needy 54 caretaker relative who is needed in the home because of the incapacity 55 of another member of the household, if there is no other nonexempt 56 caretaker relative in the household; (3) a family with a caretaker relative 57 who is not legally responsible for the dependent children in the 58 household if such relative's needs are not considered in calculating the 59 amount of the benefit and there is no other nonexempt caretaker relative 60 in the household; (4) a family with a caretaker relative caring for a child 61 who is under one year of age and who was born not more than ten 62 months after the family's enrollment if there is no other nonexempt 63 caretaker relative in the household; (5) a family with a pregnant or 64 postpartum caretaker relative if a physician has indicated that such 65 relative is unable to work and there is no other nonexempt caretaker 66 relative in the household; (6) a family with a caretaker relative 67 determined by the commissioner to be unemployable and there is no 68 other nonexempt caretaker relative in the household; and (7) minor 69 parents attending and satisfactorily completing high school or high 70 school equivalency programs. 71 (c) A family who is subject to time-limited benefits may petition the 72 Commissioner of Social Services for six-month extensions of such 73 benefits. The commissioner shall grant not more than two extensions to 74 such family who has made a good faith effort to comply with the 75 requirements of the program and despite such effort has a total family 76 income at a level below the payment standard, or has encountered 77 circumstances preventing employment including, but not limited to: (1) 78 Domestic violence or physical harm to such family's children; or (2) 79 other circumstances beyond such family's control. The commissioner 80 shall disregard ninety dollars of earned income in determining 81 applicable family income. The commissioner may grant a subsequent 82 Raised Bill No. 6635 LCO No. 4590 4 of 11 six-month extension if each adult in the family meets one or more of the 83 following criteria: (A) The adult is precluded from engaging in 84 employment activities due to domestic violence or another reason 85 beyond the adult's control; (B) the adult has two or more substantiated 86 barriers to employment including, but not limited to, the lack of 87 available child care, substance abuse or addiction, severe mental or 88 physical health problems, one or more severe learning disabilities, 89 domestic violence or a child who has a serious physical or behavioral 90 health problem; (C) the adult is working thirty-five or more hours per 91 week, is earning at least the minimum wage and continues to earn less 92 than the family's temporary family assistance payment standard; or (D) 93 the adult is employed and works less than thirty-five hours per week 94 due to (i) a documented medical impairment that limits the adult's 95 hours of employment, provided the adult works the maximum number 96 of hours that the medical condition permits, or (ii) the need to care for a 97 disabled member of the adult's household, provided the adult works the 98 maximum number of hours the adult's caregiving responsibilities 99 permit. Families receiving temporary family assistance shall be notified 100 by the department of the right to petition for such extensions. 101 Notwithstanding the provisions of this section, the commissioner shall 102 not provide benefits under the state's temporary family assistance 103 program to a family that is subject to the twenty-one month benefit limit 104 and has received benefits beginning on or after October 1, 1996, if such 105 benefits result in that family's receiving more than sixty months of time-106 limited benefits unless that family experiences domestic violence, as 107 defined in Section 402(a)(7)(B), P.L. 104-193. For the purpose of 108 calculating said sixty-month limit: (I)] 109 (2) A month shall count toward the limit if the family receives 110 assistance for any day of the month; [,] and 111 [(II) a] (3) A month in which a family receives temporary assistance 112 for needy families benefits that are issued from a jurisdiction other than 113 Connecticut shall count toward the limit. 114 [(d)] (b) Under said program [(1)] no family shall be eligible that has 115 Raised Bill No. 6635 LCO No. 4590 5 of 11 total gross earnings exceeding the federal poverty level, however, in the 116 calculation of the benefit amount for eligible families and previously 117 eligible families that become ineligible temporarily because of receipt of 118 workers' compensation benefits by a family member who subsequently 119 returns to work immediately after the period of receipt of such benefits, 120 earned income shall be disregarded up to the federal poverty level. [; 121 and (2) the increase in benefits to a family in which an infant is born after 122 the initial ten months of participation in the program shall be limited to 123 an amount equal to fifty per cent of the average incremental difference 124 between the amounts paid per each family size. Except when 125 determining eligibility for a six-month extension of benefits pursuant to 126 subsection (c) of this section, the] The commissioner shall disregard the 127 first fifty dollars per month of income attributable to current child 128 support that a family receives in determining eligibility and benefit 129 levels for temporary family assistance. Any current child support in 130 excess of fifty dollars per month collected by the department on behalf 131 of an eligible child shall be considered in determining eligibility but 132 shall not be considered when calculating benefits and shall be taken as 133 reimbursement for assistance paid under this section, except that when 134 the current child support collected exceeds the family's monthly award 135 of temporary family assistance benefits plus fifty dollars, the current 136 child support shall be paid to the family and shall be considered when 137 calculating benefits. 138 [(e)] (c) A family receiving assistance under said program shall 139 cooperate with child support enforcement, under title IV-D of the Social 140 Security Act. A family shall be ineligible for benefits for failure to 141 cooperate with child support enforcement. 142 [(f)] (d) A family leaving assistance at the end of [(1) said twenty-one-143 month time limit, including a family with income above the payment 144 standard, or (2)] the sixty-month limit shall have an interview for the 145 purpose of being informed of services that may continue to be available 146 to such family, including employment services available through the 147 Labor Department. [Said] Such interview shall [contain] include a 148 determination of: [benefits] (1) Benefits available to [said] the family 149 Raised Bill No. 6635 LCO No. 4590 6 of 11 provided by the Department of Social Services, [. Said interview shall 150 also include a determination of] and (2) whether such family is eligible 151 for supplemental nutrition assistance or Medicaid. Information and 152 referrals shall be made to such a family for services and benefits 153 including, but not limited to, the earned income tax credit, rental 154 subsidies, emergency housing, employment services and energy 155 assistance. 156 (e) Notwithstanding section 17b-104, commencing on July 1, 2021, the 157 Commissioner of Social Services shall provide a cost-of-living 158 adjustment in temporary family assistance benefits equal to the most 159 recent percentage increase in the consumer price index for urban 160 consumers whenever funds appropriated for temporary family 161 assistance lapse at the close of any fiscal year and are sufficient to cover 162 such adjustment. The commissioner shall provide a pro-rated benefit 163 increase from available lapsed funds in any fiscal year when such funds 164 are not sufficient to cover a cost-of-living adjustment in accordance with 165 this subsection. 166 [(g)] (f) An applicant or recipient of temporary family assistance who 167 is adversely affected by a decision of the Commissioner of Social 168 Services may request and shall be provided a hearing in accordance 169 with section 17b-60. 170 Sec. 2. Subsection (a) of section 17b-112b of the general statutes is 171 repealed and the following is substituted in lieu thereof (Effective July 1, 172 2021): 173 (a) An applicant or recipient who is a past or present victim of 174 domestic violence or at risk of further domestic violence, pursuant to 175 subsection (c) of section 17b-112a, shall, for good cause: (1) Be excused 176 from failing to participate in a work activity; or (2) be exempted from 177 child support enforcement requirements pursuant to subsection [(e)] (c) 178 of section 17b-112, as amended by this act. [Such an applicant or 179 recipient may, for good cause, be granted an extension of cash assistance 180 beyond twenty-one months, provided the domestic violence 181 Raised Bill No. 6635 LCO No. 4590 7 of 11 experienced is of sufficient magnitude to reasonably render the 182 individual unable to obtain or maintain employment.] 183 Sec. 3. Section 17b-112e of the general statutes is repealed and the 184 following is substituted in lieu thereof (Effective July 1, 2021): 185 (a) The Department of Social Services shall provide safety net services 186 for certain families identified as having significant barriers to 187 employment and families who are at risk of losing benefits under the 188 temporary family assistance program or no longer receiving program 189 benefits. To be eligible for safety net services, such families shall: (1) 190 Have been identified as having significant barriers to employment 191 during the initial assessment by the department's eligibility worker or 192 during the first twelve months of employment services by an 193 employment services case manager; (2) have made a good faith effort to 194 seek and maintain employment but have not been able to do so or be at 195 risk of failing to complete the employment services program; or (3) have 196 exhausted their eligibility for temporary family assistance program 197 benefits. [; or (4) not be eligible for six-month extensions of temporary 198 family assistance benefits due to: (A) The receipt of two sanctions from 199 the department during the first twenty months of the twenty-one-month 200 time limit of said temporary family assistance program; or (B) the 201 determination by the department that such a family has not made a 202 good faith effort to seek and maintain employment.] 203 (b) Said safety net shall consist of services provided through the 204 existing community service delivery network with additional resources 205 provided by the Department of Social Services. Services shall be 206 provided in-kind or through vendor or voucher payment. Services may 207 include the following: (1) Food, shelter, clothing and employment 208 assistance; (2) eviction prevention; (3) an in-depth family needs 209 assessment; (4) intensive case management that includes visits to the 210 family's home; (5) continuous monitoring for child abuse or neglect; and 211 (6) for families at risk of losing benefits under the temporary family 212 assistance program, individual performance contracts administered by 213 the Labor Department that require job training, job searching, volunteer 214 Raised Bill No. 6635 LCO No. 4590 8 of 11 work, participation in parenting programs or counseling or any other 215 requirements deemed necessary by the Labor Commissioner. 216 (c) Families successfully meeting the program requirements 217 established by the individual performance contracts in subdivision (6) 218 of subsection (b) of this section [prior to the end of the twenty-one-219 month time limit] shall be considered to have made a good faith effort 220 to comply with the requirements of the program, [for the purposes of 221 qualifying for a six-month extension,] provided they have made a good 222 faith effort to comply with the individual performance contract or have 223 not incurred a sanction subsequent to completing the individual 224 performance contract. 225 (d) The Commissioner of Social Services shall implement policies and 226 procedures necessary for the purposes of this section while in the 227 process of adopting such policies and procedures in regulation form, 228 provided the commissioner [prints] posts notice of intention to adopt 229 the regulations [in the Connecticut Law Journal within twenty days of] 230 on the eRegulations System and the department's Internet web site not 231 later than twenty days after implementing such policies and procedures. 232 Policies and procedures implemented pursuant to this subsection shall 233 be valid until the time final regulations are effective. 234 Sec. 4. Section 17b-112k of the general statutes is repealed and the 235 following is substituted in lieu thereof (Effective July 1, 2021): 236 (a) The Commissioner of Social Services and the Labor Commissioner 237 shall, within available appropriations, implement a pilot program that 238 serves not more than one hundred persons who are receiving benefits 239 under the temporary family assistance program and participating in the 240 Jobs First employment services program. The pilot program shall 241 provide to participants: (1) Intensive case management services to 242 identify participants' (A) employment goals, (B) support service needs, 243 and (C) training, education and work experience needs; (2) assistance in 244 accessing needed support services, training, education and work 245 experience; or (3) funding to facilitate participation in necessary adult 246 Raised Bill No. 6635 LCO No. 4590 9 of 11 basic education, skills training, postsecondary education or subsidized 247 employment. 248 [(b) Notwithstanding the provisions of subsections (a) and (c) of 249 section 17b-112, the Commissioner of Social Services shall, within 250 available appropriations, grant a six-month extension of time-limited 251 cash assistance benefits to any person who (1) has made a good-faith 252 effort to comply with the requirements of the pilot program, (2) has not 253 exceeded the sixty-month limit, described in subsection (c) of section 254 17b-112, and (3) has not been granted more than two extensions.] 255 [(c)] (b) The Commissioner of Social Services and the Labor 256 Commissioner shall jointly submit annual reports, in accordance with 257 the provisions of section 11-4a, not later than October 1, 2012, and 258 October 1, 2013, to the joint standing committees of the General 259 Assembly having cognizance of matters relating to human services and 260 appropriations and the budgets of state agencies concerning the pilot 261 program. Such reports shall include, but shall not be limited to: (1) The 262 number of persons participating in the pilot program for the preceding 263 fiscal year; (2) the education, training and work experience activities of 264 the participants; (3) the support services identified as needed by 265 program participants through the provision of case management 266 services by the Department of Social Services and the Labor Department 267 and the support services actually received by each program participant; 268 (4) the educational degrees and certificates obtained by participants; and 269 (5) descriptions of the employment obtained by participants as a result 270 of the pilot program. 271 Sec. 5. Subsection (b) of section 17b-688c of the general statutes is 272 repealed and the following is substituted in lieu thereof (Effective July 1, 273 2021): 274 (b) In no event shall temporary family assistance be granted to an 275 applicant for such assistance, who is not exempt from participation in 276 the employment services program, prior to the applicant's attendance at 277 an initial scheduled employment services assessment interview and 278 Raised Bill No. 6635 LCO No. 4590 10 of 11 participation in the development of an employment services plan. The 279 Department of Social Services shall not delay temporary family 280 assistance to an applicant in cases where the department schedules the 281 initial employment services assessment interview more than ten 282 business days after the date on which application for assistance is made, 283 or in cases where the Labor Department does not complete an 284 employment services plan for the benefit of the applicant within ten 285 business days of the date on which the applicant attends an employment 286 services assessment interview. The Commissioner of Social Services 287 shall refer any applicant denied temporary family assistance, who may 288 be in need of emergency benefits, to other services offered by the 289 Department of Social Services or community services that may be 290 available to such applicant. The Department of Social Services shall 291 reduce the benefits awarded to a family under the temporary family 292 assistance program when a member of the family who is required to 293 participate in employment services fails to comply with an employment 294 services requirement without good cause. The first instance of 295 noncompliance with an employment services requirement shall result 296 in a twenty-five per cent reduction of such benefits for three consecutive 297 months. The second instance of noncompliance with such requirement 298 shall result in a thirty-five per cent reduction of such benefits for three 299 consecutive months. A third or subsequent instance of noncompliance 300 with such requirement shall result in the termination of such benefits 301 for three consecutive months. If only one member of a family is eligible 302 for temporary family assistance and such member fails to comply with 303 an employment services requirement, the department shall terminate all 304 benefits of such family for three consecutive months. Notwithstanding 305 the provisions of this subsection, the department shall terminate the 306 benefits awarded to a family under the temporary family assistance 307 program if a member of the family [who is not exempt from the twenty-308 one-month time limit specified in subsection (a) of section 17b-112] fails, 309 without good cause, to: (1) Attend any scheduled assessment 310 appointment or interview relating to the establishment of an 311 employment services plan, except that such individual's benefits shall 312 be reinstated if the individual attends a subsequently scheduled 313 Raised Bill No. 6635 LCO No. 4590 11 of 11 appointment or interview within thirty days of the date on which the 314 department has issued notification to the individual that benefits have 315 been terminated, or (2) comply with an employment services 316 requirement. [during a six-month extension of benefits.] Any individual 317 who fails to comply with the provisions of subdivision (1) of this 318 subsection may submit a new application for such benefits at any time 319 after termination of benefits. 320 This act shall take effect as follows and shall amend the following sections: Section 1 July 1, 2021 17b-112 Sec. 2 July 1, 2021 17b-112b(a) Sec. 3 July 1, 2021 17b-112e Sec. 4 July 1, 2021 17b-112k Sec. 5 July 1, 2021 17b-688c(b) Statement of Purpose: To extend the time limit for temporary family assistance to sixty months, exempt benefits received during the COVID-19 public health emergency from the time limit, eliminate the penalties for families with children born after enrollment in the program and ensure benefits are adequate to meet the cost of living for beneficiaries. [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]