Connecticut 2021 Regular Session

Connecticut House Bill HB06635 Compare Versions

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7	7		General Assembly Substitute Bill No. 6635
8	8		January Session, 2021
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14	14		AN ACT CONCERNING TE MPORARY FAMILY ASSIS TANCE.
15	15		Be it enacted by the Senate and House of Representatives in General
16	16		Assembly convened:
17	17
18	18		Section 1. Section 17b-112 of the general statutes is repealed and the 1
19	19		following is substituted in lieu thereof (Effective July 1, 2021): 2
20	20		(a) The Department of Social Services shall administer a temporary 3
21	21		family assistance program under which cash assistance shall be 4
22	22		provided to eligible families in accordance with the temporary 5
23	23		assistance for needy families program, established pursuant to the 6
24	24		Personal Responsibility and Work Opportunity Reconciliation Act of 7
25	25		1996. The Commissioner of Social Services may operate portions of the 8
26	26		temporary family assistance program as a solely state-funded program, 9
27	27		separate from the federal temporary assistance for needy families 10
28	28		program, if the commissioner determines that doing so will enable the 11
29	29		state to avoid fiscal penalties under the temporary assistance for needy 12
30	30		families program. Families receiving assistance under the solely state-13
31	31		funded portion of the temporary family assistance program shall be 14
32	32		subject to the same conditions of eligibility as those receiving assistance 15
33	33		under the federal temporary assistance for needy families program. 16
34	34		Under the temporary family assistance program, benefits shall be 17
35	35		provided to a family for not longer than [twenty-one] sixty months, 18
36	36		except as provided in [subsections (b) and (c)] subsection (b) of this 19 Substitute Bill No. 6635
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43	43		section. For the purpose of calculating said [twenty-one-month] sixty-20
44	44		month time limit: [, months] 21
45	45		(1) Months of assistance received on and after January 1, 1996, 22
46	46		pursuant to time limits under the aid to families with dependent 23
47	47		children program, shall be included, provided any months of temporary 24
48	48		family assistance received during the public health emergency declared 25
49	49		by Governor Ned Lamont related to the COVID-19 pandemic shall not 26
50	50		be included. For purposes of this section, "family" means one or more 27
51	51		individuals who apply for or receive assistance together under the 28
52	52		temporary family assistance program. If the commissioner determines 29
53	53		that federal law allows individuals not otherwise in an eligible covered 30
54	54		group for the temporary family assistance program to become covered, 31
55	55		such family may also, at the discretion of the commissioner, be 32
56	56		composed of [(1)] (A) a pregnant woman, or [(2)] (B) a parent, both 33
57	57		parents or other caretaker relative and at least one child who is under 34
58	58		the age of eighteen, or who is under the age of nineteen and a full-time 35
59	59		student in a secondary school or its equivalent. A caretaker relative shall 36
60	60		be related to the child or children by blood, marriage or adoption or 37
61	61		shall be the legal guardian of such a child or pursuing legal proceedings 38
62	62		necessary to achieve guardianship. If the commissioner elects to allow 39
63	63		state eligibility consistent with any change in federal law, the 40
64	64		commissioner may administratively transfer any qualifying family 41
65	65		cases under the cash assistance portion of the state-administered general 42
66	66		assistance program to the temporary family assistance program without 43
67	67		regard to usual eligibility and enrollment procedures. If such families 44
68	68		become an ineligible coverage group under the federal law, the 45
69	69		commissioner shall administratively transfer such families back to the 46
70	70		cash assistance portion of the state-administered general assistance 47
71	71		program without regard to usual eligibility and enrollment procedures 48
72	72		to the degree that such families are eligible for the state program; [.] 49
73	73		[(b) The Commissioner of Social Services shall exempt a family from 50
74	74		such time-limited benefits for circumstances including, but not limited 51
75	75		to: (1) A family with a needy caretaker relative who is incapacitated or 52 Substitute Bill No. 6635
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82	82		of an advanced age, as defined by the commissioner, if there is no other 53
83	83		nonexempt caretaker relative in the household; (2) a family with a needy 54
84	84		caretaker relative who is needed in the home because of the incapacity 55
85	85		of another member of the household, if there is no other nonexempt 56
86	86		caretaker relative in the household; (3) a family with a caretaker relative 57
87	87		who is not legally responsible for the dependent children in the 58
88	88		household if such relative's needs are not considered in calculating the 59
89	89		amount of the benefit and there is no other nonexempt caretaker relative 60
90	90		in the household; (4) a family with a caretaker relative caring for a child 61
91	91		who is under one year of age and who was born not more than ten 62
92	92		months after the family's enrollment if there is no other nonexempt 63
93	93		caretaker relative in the household; (5) a family with a pregnant or 64
94	94		postpartum caretaker relative if a physician has indicated that such 65
95	95		relative is unable to work and there is no other nonexempt caretaker 66
96	96		relative in the household; (6) a family with a caretaker relative 67
97	97		determined by the commissioner to be unemployable and there is no 68
98	98		other nonexempt caretaker relative in the household; and (7) minor 69
99	99		parents attending and satisfactorily completing high school or high 70
100	100		school equivalency programs. 71
101	101		(c) A family who is subject to time-limited benefits may petition the 72
102	102		Commissioner of Social Services for six-month extensions of such 73
103	103		benefits. The commissioner shall grant not more than two extensions to 74
104	104		such family who has made a good faith effort to comply with the 75
105	105		requirements of the program and despite such effort has a total family 76
106	106		income at a level below the payment standard, or has encountered 77
107	107		circumstances preventing employment including, but not limited to: (1) 78
108	108		Domestic violence or physical harm to such family's children; or (2) 79
109	109		other circumstances beyond such family's control. The commissioner 80
110	110		shall disregard ninety dollars of earned income in determining 81
111	111		applicable family income. The commissioner may grant a subsequent 82
112	112		six-month extension if each adult in the family meets one or more of the 83
113	113		following criteria: (A) The adult is precluded from engaging in 84
114	114		employment activities due to domestic violence or another reason 85
115	115		beyond the adult's control; (B) the adult has two or more substantiated 86 Substitute Bill No. 6635
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122	122		barriers to employment including, but not limited to, the lack of 87
123	123		available child care, substance abuse or addiction, severe mental or 88
124	124		physical health problems, one or more severe learning disabilities, 89
125	125		domestic violence or a child who has a serious physical or behavioral 90
126	126		health problem; (C) the adult is working thirty-five or more hours per 91
127	127		week, is earning at least the minimum wage and continues to earn less 92
128	128		than the family's temporary family assistance payment standard; or (D) 93
129	129		the adult is employed and works less than thirty-five hours per week 94
130	130		due to (i) a documented medical impairment that limits the adult's 95
131	131		hours of employment, provided the adult works the maximum number 96
132	132		of hours that the medical condition permits, or (ii) the need to care for a 97
133	133		disabled member of the adult's household, provided the adult works the 98
134	134		maximum number of hours the adult's caregiving responsibilities 99
135	135		permit. Families receiving temporary family assistance shall be notified 100
136	136		by the department of the right to petition for such extensions. 101
137	137		Notwithstanding the provisions of this section, the commissioner shall 102
138	138		not provide benefits under the state's temporary family assistance 103
139	139		program to a family that is subject to the twenty-one month benefit limit 104
140	140		and has received benefits beginning on or after October 1, 1996, if such 105
141	141		benefits result in that family's receiving more than sixty months of time-106
142	142		limited benefits unless that family experiences domestic violence, as 107
143	143		defined in Section 402(a)(7)(B), P.L. 104-193. For the purpose of 108
144	144		calculating said sixty-month limit: (I)] 109
145	145		(2) A month shall count toward the limit if the family receives 110
146	146		assistance for any day of the month; [,] and 111
147	147		[(II) a] (3) A month in which a family receives temporary assistance 112
148	148		for needy families benefits that are issued from a jurisdiction other than 113
149	149		Connecticut shall count toward the limit. 114
150	150		(b) The Commissioner of Social Services may exempt a family from 115
151	151		time-limited benefits for circumstances including, but not limited to: (1) 116
152	152		A family with a needy caretaker relative who is incapacitated or of an 117
153	153		advanced age, as defined by the commissioner, if there is no other 118
154	154		nonexempt caretaker relative in the household; (2) a family with a needy 119 Substitute Bill No. 6635
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161	161		caretaker relative who is needed in the home because of the incapacity 120
162	162		of another member of the household, if there is no other nonexempt 121
163	163		caretaker relative in the household; (3) a family with a caretaker relative 122
164	164		who is not legally responsible for the dependent children in the 123
165	165		household if such relative's needs are not considered in calculating the 124
166	166		amount of the benefit and there is no other nonexempt caretaker relative 125
167	167		in the household; (4) a family with a caretaker relative caring for a child 126
168	168		who is under one year of age if there is no other nonexempt caretaker 127
169	169		relative in the household; (5) a family with a pregnant or postpartum 128
170	170		caretaker relative if a physician has indicated that such relative is unable 129
171	171		to work and there is no other nonexempt caretaker relative in the 130
172	172		household; (6) a family with a caretaker relative determined by the 131
173	173		commissioner to be unemployable and there is no other nonexempt 132
174	174		caretaker relative in the household; (7) minor parents attending and 133
175	175		satisfactorily completing high school or high school equivalency 134
176	176		programs; and (8) a family that has encountered circumstances 135
177	177		preventing employment including, but not limited to, domestic 136
178	178		violence. 137
179	179		[(d)] (c) Under said program, [(1)] no family shall be eligible that has 138
180	180		total gross earnings exceeding the federal poverty level, however, in the 139
181	181		calculation of the benefit amount for eligible families and previously 140
182	182		eligible families that become ineligible temporarily because of receipt of 141
183	183		workers' compensation benefits by a family member who subsequently 142
184	184		returns to work immediately after the period of receipt of such benefits, 143
185	185		earned income shall be disregarded up to the federal poverty level. [; 144
186	186		and (2) the increase in benefits to a family in which an infant is born after 145
187	187		the initial ten months of participation in the program shall be limited to 146
188	188		an amount equal to fifty per cent of the average incremental difference 147
189	189		between the amounts paid per each family size. Except when 148
190	190		determining eligibility for a six-month extension of benefits pursuant to 149
191	191		subsection (c) of this section, the] The commissioner shall disregard the 150
192	192		first fifty dollars per month of income attributable to current child 151
193	193		support that a family receives in determining eligibility and benefit 152
194	194		levels for temporary family assistance. Any current child support in 153 Substitute Bill No. 6635
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201	201		excess of fifty dollars per month collected by the department on behalf 154
202	202		of an eligible child shall be considered in determining eligibility but 155
203	203		shall not be considered when calculating benefits and shall be taken as 156
204	204		reimbursement for assistance paid under this section, except that when 157
205	205		the current child support collected exceeds the family's monthly award 158
206	206		of temporary family assistance benefits plus fifty dollars, the current 159
207	207		child support shall be paid to the family and shall be considered when 160
208	208		calculating benefits. 161
209	209		[(e)] (d) A family receiving assistance under said program shall 162
210	210		cooperate with child support enforcement, under title IV-D of the Social 163
211	211		Security Act. A family shall be ineligible for benefits for failure to 164
212	212		cooperate with child support enforcement. 165
213	213		[(f)] (e) A family leaving assistance at the end of [(1) said twenty-one-166
214	214		month time limit, including a family with income above the payment 167
215	215		standard, or (2)] the sixty-month limit shall have an interview for the 168
216	216		purpose of being informed of services that may continue to be available 169
217	217		to such family, including employment services available through the 170
218	218		Labor Department. [Said] Such interview shall [contain] include a 171
219	219		determination of: [benefits] (1) Benefits available to [said] the family 172
220	220		provided by the Department of Social Services, [. Said interview shall 173
221	221		also include a determination of] and (2) whether such family is eligible 174
222	222		for supplemental nutrition assistance or Medicaid. Information and 175
223	223		referrals shall be made to such a family for services and benefits 176
224	224		including, but not limited to, the earned income tax credit, rental 177
225	225		subsidies, emergency housing, employment services and energy 178
226	226		assistance. 179
227	227		(f) Notwithstanding section 17b-104, commencing on July 1, 2021, the 180
228	228		Commissioner of Social Services shall provide an annual cost-of-living 181
229	229		adjustment in temporary family assistance benefits equal to the most 182
230	230		recent percentage increase in the consumer price index for urban 183
231	231		consumers whenever funds appropriated for temporary family 184
232	232		assistance lapse at the close of any fiscal year and are sufficient to cover 185
233	233		such adjustment. The commissioner shall provide a prorated benefit 186 Substitute Bill No. 6635
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240	240		increase from available lapsed funds in any fiscal year when such funds 187
241	241		are not sufficient to cover a cost-of-living adjustment in accordance with 188
242	242		this subsection. 189
243	243		(g) An applicant or recipient of temporary family assistance who is 190
244	244		adversely affected by a decision of the Commissioner of Social Services 191
245	245		may request and shall be provided a hearing in accordance with section 192
246	246		17b-60. 193
247	247		Sec. 2. Subsection (a) of section 17b-112b of the general statutes is 194
248	248		repealed and the following is substituted in lieu thereof (Effective July 1, 195
249	249		2021): 196
250	250		(a) An applicant or recipient who is a past or present victim of 197
251	251		domestic violence or at risk of further domestic violence, pursuant to 198
252	252		subsection (c) of section 17b-112a, shall, for good cause: (1) Be excused 199
253	253		from failing to participate in a work activity; or (2) be exempted from 200
254	254		child support enforcement requirements pursuant to subsection [(e)] (d) 201
255	255		of section 17b-112, as amended by this act. Such an applicant or recipient 202
256	256		may, for good cause, be granted an extension of cash assistance, [beyond 203
257	257		twenty-one months,] provided the domestic violence experienced is of 204
258	258		sufficient magnitude to reasonably render the individual unable to 205
259	259		obtain or maintain employment. 206
260	260		Sec. 3. Section 17b-112e of the general statutes is repealed and the 207
261	261		following is substituted in lieu thereof (Effective July 1, 2021): 208
262	262		(a) The Department of Social Services shall provide safety net services 209
263	263		for certain families identified as having significant barriers to 210
264	264		employment and families who are at risk of losing benefits under the 211
265	265		temporary family assistance program or no longer receiving program 212
266	266		benefits. To be eligible for safety net services, such families shall: (1) 213
267	267		Have been identified as having significant barriers to employment 214
268	268		during the initial assessment by the department's eligibility worker or 215
269	269		during the first twelve months of employment services by an 216
270	270		employment services case manager; (2) have made a good faith effort to 217 Substitute Bill No. 6635
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277	277		seek and maintain employment but have not been able to do so or be at 218
278	278		risk of failing to complete the employment services program; or (3) have 219
279	279		exhausted their eligibility for temporary family assistance program 220
280	280		benefits. [; or (4) not be eligible for six-month extensions of temporary 221
281	281		family assistance benefits due to: (A) The receipt of two sanctions from 222
282	282		the department during the first twenty months of the twenty-one-month 223
283	283		time limit of said temporary family assistance program; or (B) the 224
284	284		determination by the department that such a family has not made a 225
285	285		good faith effort to seek and maintain employment.] 226
286	286		(b) Said safety net shall consist of services provided through the 227
287	287		existing community service delivery network with additional resources 228
288	288		provided by the Department of Social Services. Services shall be 229
289	289		provided in-kind or through vendor or voucher payment. Services may 230
290	290		include the following: (1) Food, shelter, clothing and employment 231
291	291		assistance; (2) eviction prevention; (3) an in-depth family needs 232
292	292		assessment; (4) intensive case management that includes visits to the 233
293	293		family's home; (5) continuous monitoring for child abuse or neglect; and 234
294	294		(6) for families at risk of losing benefits under the temporary family 235
295	295		assistance program, individual performance contracts administered by 236
296	296		the Labor Department that require job training, job searching, volunteer 237
297	297		work, participation in parenting programs or counseling or any other 238
298	298		requirements deemed necessary by the Labor Commissioner. 239
299	299		(c) Families successfully meeting the program requirements 240
300	300		established by the individual performance contracts in subdivision (6) 241
301	301		of subsection (b) of this section [prior to the end of the twenty-one-242
302	302		month time limit] shall be considered to have made a good faith effort 243
303	303		to comply with the requirements of the program, [for the purposes of 244
304	304		qualifying for a six-month extension,] provided they have made a good 245
305	305		faith effort to comply with the individual performance contract or have 246
306	306		not incurred a sanction subsequent to completing the individual 247
307	307		performance contract. 248
308	308		(d) The Commissioner of Social Services shall implement policies and 249
309	309		procedures necessary for the purposes of this section while in the 250 Substitute Bill No. 6635
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316	316		process of adopting such policies and procedures in regulation form, 251
317	317		provided the commissioner [prints] posts notice of intention to adopt 252
318	318		the regulations [in the Connecticut Law Journal within twenty days of] 253
319	319		on the eRegulations System and the department's Internet web site not 254
320	320		later than twenty days after implementing such policies and procedures. 255
321	321		Policies and procedures implemented pursuant to this subsection shall 256
322	322		be valid until the time final regulations are effective. 257
323	323		Sec. 4. Subsection (b) of section 17b-688c of the general statutes is 258
324	324		repealed and the following is substituted in lieu thereof (Effective July 1, 259
325	325		2021): 260
326	326		(b) In no event shall temporary family assistance be granted to an 261
327	327		applicant for such assistance, who is not exempt from participation in 262
328	328		the employment services program, prior to the applicant's attendance at 263
329	329		an initial scheduled employment services assessment interview and 264
330	330		participation in the development of an employment services plan. The 265
331	331		Department of Social Services shall not delay temporary family 266
332	332		assistance to an applicant in cases where the department schedules the 267
333	333		initial employment services assessment interview more than ten 268
334	334		business days after the date on which application for assistance is made, 269
335	335		or in cases where the Labor Department does not complete an 270
336	336		employment services plan for the benefit of the applicant within ten 271
337	337		business days of the date on which the applicant attends an employment 272
338	338		services assessment interview. The Commissioner of Social Services 273
339	339		shall refer any applicant denied temporary family assistance, who may 274
340	340		be in need of emergency benefits, to other services offered by the 275
341	341		Department of Social Services or community services that may be 276
342	342		available to such applicant. The Department of Social Services shall 277
343	343		reduce the benefits awarded to a family under the temporary family 278
344	344		assistance program when a member of the family who is required to 279
345	345		participate in employment services fails to comply with an employment 280
346	346		services requirement without good cause. The first instance of 281
347	347		noncompliance with an employment services requirement shall result 282
348	348		in a twenty-five per cent reduction of such benefits for three consecutive 283 Substitute Bill No. 6635
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355	355		months. The second instance of noncompliance with such requirement 284
356	356		shall result in a thirty-five per cent reduction of such benefits for three 285
357	357		consecutive months. A third or subsequent instance of noncompliance 286
358	358		with such requirement shall result in the termination of such benefits 287
359	359		for three consecutive months. If only one member of a family is eligible 288
360	360		for temporary family assistance and such member fails to comply with 289
361	361		an employment services requirement, the department shall terminate all 290
362	362		benefits of such family for three consecutive months. Notwithstanding 291
363	363		the provisions of this subsection, the department shall terminate the 292
364	364		benefits awarded to a family under the temporary family assistance 293
365	365		program if a member of the family who is not exempt from the [twenty-294
366	366		one-month] sixty-month time limit specified in subsection (a) of section 295
367	367		17b-112 fails, without good cause, to: (1) Attend any scheduled 296
368	368		assessment appointment or interview relating to the establishment of an 297
369	369		employment services plan, except that such individual's benefits shall 298
370	370		be reinstated if the individual attends a subsequently scheduled 299
371	371		appointment or interview within thirty days of the date on which the 300
372	372		department has issued notification to the individual that benefits have 301
373	373		been terminated, or (2) comply with an employment services 302
374	374		requirement. [during a six-month extension of benefits.] Any individual 303
375	375		who fails to comply with the provisions of subdivision (1) of this 304
376	376		subsection may submit a new application for such benefits at any time 305
377	377		after termination of benefits. 306
378	378		Sec. 5. Section 17b-112k of the general statutes is repealed. (Effective 307
379	379		from passage) 308
380	380		This act shall take effect as follows and shall amend the following
381	381		sections:
382	382
383	383		Section 1 July 1, 2021 17b-112
384	384		Sec. 2 July 1, 2021 17b-112b(a)
385	385		Sec. 3 July 1, 2021 17b-112e
386	386		Sec. 4 July 1, 2021 17b-688c(b)
387	387		Sec. 5 from passage Repealer section
388	388		Substitute Bill No. 6635
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396	396		HS Joint Favorable Subst.
397		-	APP Joint Favorable
398	397