LCO No. 701 1 of 11 General Assembly Raised Bill No. 197 February Session, 2022 LCO No. 701 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 Section 17b-112 of the 2022 supplement to the general 1 statutes is repealed and the following is substituted in lieu thereof 2 (Effective July 1, 2022): 3 (a) The Department of Social Services shall administer a temporary 4 family assistance program under which cash assistance shall be 5 provided to eligible families in accordance with the temporary 6 assistance for needy families program, established pursuant to the 7 Personal Responsibility and Work Opportunity Reconciliation Act of 8 1996. The Commissioner of Social Services may operate portions of the 9 temporary family assistance program as a solely state-funded program, 10 separate from the federal temporary assistance for needy families 11 program, if the commissioner determines that doing so will enable the 12 state to avoid fiscal penalties under the temporary assistance for needy 13 families program. Families receiving assistance under the solely state-14 funded portion of the temporary family assistance program shall be 15 subject to the same conditions of eligibility as those receiving assistance 16 Raised Bill No. 197 LCO No. 701 2 of 11 under the federal temporary assistance for needy families program. 17 Under the temporary family assistance program, benefits shall be 18 provided to a family for not longer than [twenty-one] sixty months, 19 except as provided in [subsections (b) and (c)] subsection (b) of this 20 section. For the purpose of calculating said [twenty-one-month] sixty-21 month time limit: [, months] 22 (1) Months of assistance received on and after January 1, 1996, 23 pursuant to time limits under the aid to families with dependent 24 children program, shall be included. For purposes of this section, 25 "family" means one or more individuals who apply for or receive 26 assistance together under the temporary family assistance program. If 27 the commissioner determines that federal law allows individuals not 28 otherwise in an eligible covered group for the temporary family 29 assistance program to become covered, such family may also, at the 30 discretion of the commissioner, be composed of [(1)] (A) a pregnant 31 woman, or [(2)] (B) a parent, both parents or other caretaker relative and 32 at least one child who is under the age of eighteen, or who is under the 33 age of nineteen and a full-time student in a secondary school or its 34 equivalent. A caretaker relative shall be related to the child or children 35 by blood, marriage or adoption or shall be the legal guardian of such a 36 child or pursuing legal proceedings necessary to achieve guardianship. 37 If the commissioner elects to allow state eligibility consistent with any 38 change in federal law, the commissioner may administratively transfer 39 any qualifying family cases under the cash assistance portion of the 40 state-administered general assistance program to the temporary family 41 assistance program without regard to usual eligibility and enrollment 42 procedures. If such families become an ineligible coverage group under 43 the federal law, the commissioner shall administratively transfer such 44 families back to the cash assistance portion of the state-administered 45 general assistance program without regard to usual eligibility and 46 enrollment procedures to the degree that such families are eligible for 47 the state program; [.] 48 [(b) The Commissioner of Social Services shall exempt a family from 49 such time-limited benefits for circumstances including, but not limited 50 Raised Bill No. 197 LCO No. 701 3 of 11 to: (1) A family with a needy caretaker relative who is incapacitated or 51 of an advanced age, as defined by the commissioner, if there is no other 52 nonexempt caretaker relative in the household; (2) a family with a needy 53 caretaker relative who is needed in the home because of the incapacity 54 of another member of the household, if there is no other nonexempt 55 caretaker relative in the household; (3) a family with a caretaker relative 56 who is not legally responsible for the dependent children in the 57 household if such relative's needs are not considered in calculating the 58 amount of the benefit and there is no other nonexempt caretaker relative 59 in the household; (4) a family with a caretaker relative caring for a child 60 who is under one year of age if there is no other nonexempt caretaker 61 relative in the household; (5) a family with a pregnant or postpartum 62 caretaker relative if a physician has indicated that such relative is unable 63 to work and there is no other nonexempt caretaker relative in the 64 household; (6) a family with a caretaker relative determined by the 65 commissioner to be unemployable and there is no other nonexempt 66 caretaker relative in the household; and (7) minor parents attending and 67 satisfactorily completing high school or high school equivalency 68 programs. 69 (c) A family who is subject to time-limited benefits may petition the 70 Commissioner of Social Services for six-month extensions of such 71 benefits. The commissioner shall grant not more than two extensions to 72 such family who has made a good faith effort to comply with the 73 requirements of the program and despite such effort has a total family 74 income at a level below the payment standard, or has encountered 75 circumstances preventing employment including, but not limited to: (1) 76 Domestic violence or physical harm to such family's children; or (2) 77 other circumstances beyond such family's control. The commissioner 78 shall disregard ninety dollars of earned income in determining 79 applicable family income. The commissioner may grant a subsequent 80 six-month extension if each adult in the family meets one or more of the 81 following criteria: (A) The adult is precluded from engaging in 82 employment activities due to domestic violence or another reason 83 beyond the adult's control; (B) the adult has two or more substantiated 84 Raised Bill No. 197 LCO No. 701 4 of 11 barriers to employment including, but not limited to, the lack of 85 available child care, substance abuse or addiction, severe mental or 86 physical health problems, one or more severe learning disabilities, 87 domestic violence or a child who has a serious physical or behavioral 88 health problem; (C) the adult is working thirty-five or more hours per 89 week, is earning at least the minimum wage and continues to earn less 90 than the family's temporary family assistance payment standard; or (D) 91 the adult is employed and works less than thirty-five hours per week 92 due to (i) a documented medical impairment that limits the adult's 93 hours of employment, provided the adult works the maximum number 94 of hours that the medical condition permits, or (ii) the need to care for a 95 disabled member of the adult's household, provided the adult works the 96 maximum number of hours the adult's caregiving responsibilities 97 permit. Families receiving temporary family assistance shall be notified 98 by the department of the right to petition for such extensions. 99 Notwithstanding the provisions of this section, the commissioner shall 100 not provide benefits under the state's temporary family assistance 101 program to a family that is subject to the twenty-one month benefit limit 102 and has received benefits beginning on or after October 1, 1996, if such 103 benefits result in that family's receiving more than sixty months of time-104 limited benefits unless that family experiences domestic violence, as 105 defined in Section 402(a)(7)(B), P.L. 104-193. For the purpose of 106 calculating said sixty-month limit: (I)] 107 (2) A month shall count toward the limit if the family receives 108 assistance for any day of the month, [provided] except that any months 109 of temporary family assistance received during the public health 110 emergency declared by Governor Ned Lamont related to the COVID-19 111 pandemic shall not be included; [,] and 112 [(II) a] (3) A month in which a family receives temporary assistance 113 for needy families benefits that are issued from a jurisdiction other than 114 Connecticut shall count toward the limit. 115 (b) The Commissioner of Social Services may exempt a family from 116 time-limited benefits for circumstances, including, but not limited to: (1) 117 Raised Bill No. 197 LCO No. 701 5 of 11 A family with a needy caretaker relative who is incapacitated or of an 118 advanced age, as defined by the commissioner, if there is no other 119 nonexempt caretaker relative in the household; (2) a family with a needy 120 caretaker relative who is needed in the home because of the incapacity 121 of another member of the household, if there is no other nonexempt 122 caretaker relative in the household; (3) a family with a caretaker relative 123 who is not legally responsible for the dependent children in the 124 household if such relative's needs are not considered in calculating the 125 amount of the benefit and there is no other nonexempt caretaker relative 126 in the household; (4) a family with a caretaker relative caring for a child 127 who is under one year of age if there is no other nonexempt caretaker 128 relative in the household; (5) a family with a pregnant or postpartum 129 caretaker relative if a physician has indicated that such relative is unable 130 to work and there is no other nonexempt caretaker relative in the 131 household; (6) a family with a caretaker relative determined by the 132 commissioner to be unemployable and there is no other nonexempt 133 caretaker relative in the household; (7) minor parents attending and 134 satisfactorily completing high school or high school equivalency 135 programs; and (8) a family that has encountered circumstances 136 preventing employment, including, but not limited to, (A) domestic 137 violence or physical harm to such family's children; or (B) other 138 circumstances beyond such family's control. The commissioner shall 139 disregard ninety dollars of earned income in determining applicable 140 family income. 141 [(d)] (c) Under said program, no family shall be eligible that has total 142 gross earnings exceeding the federal poverty level, however, in the 143 calculation of the benefit amount for eligible families and previously 144 eligible families that become ineligible temporarily because of receipt of 145 workers' compensation benefits by a family member who subsequently 146 returns to work immediately after the period of receipt of such benefits, 147 earned income shall be disregarded up to the federal poverty level. 148 Except when determining eligibility for [a six-month] an extension of 149 benefits pursuant to subsection [(c)] (b) of this section, the commissioner 150 shall disregard the first fifty dollars per month of income attributable to 151 Raised Bill No. 197 LCO No. 701 6 of 11 current child support that a family receives in determining eligibility 152 and benefit levels for temporary family assistance. Any current child 153 support in excess of fifty dollars per month collected by the department 154 on behalf of an eligible child shall be considered in determining 155 eligibility but shall not be considered when calculating benefits and 156 shall be taken as reimbursement for assistance paid under this section, 157 except that when the current child support collected exceeds the family's 158 monthly award of temporary family assistance benefits plus fifty 159 dollars, the current child support shall be paid to the family and shall be 160 considered when calculating benefits. 161 [(e)] (d) A family receiving assistance under said program shall 162 cooperate with child support enforcement, under title IV-D of the Social 163 Security Act. A family shall be ineligible for benefits for failure to 164 cooperate with child support enforcement. 165 [(f)] (e) A family leaving assistance at the end of [(1) said twenty-one-166 month] the sixty-month time limit, including a family with income 167 above the payment standard, [or (2) the sixty-month limit] shall have an 168 interview for the purpose of being informed of services that may 169 continue to be available to such family, including employment services 170 available through the Labor Department. Such interview shall include 171 [(A)] (1) a determination of benefits available to the family provided by 172 the Department of Social Services; and [(B)] (2) a determination of 173 whether such family is eligible for supplemental nutrition assistance or 174 Medicaid. Information and referrals shall be made to such a family for 175 services and benefits including, but not limited to, the earned income 176 tax credit, rental subsidies emergency housing, employment services 177 and energy assistance. 178 [(g)] (f) Notwithstanding section 17b-104, commencing on July 1, 179 2023, the Commissioner of Social Services shall provide an annual cost-180 of-living adjustment in temporary family assistance benefits equal to the 181 most recent percentage increase in the consumer price index for urban 182 consumers whenever funds appropriated for temporary family 183 assistance lapse at the close of any fiscal year and such adjustment has 184 Raised Bill No. 197 LCO No. 701 7 of 11 not otherwise been included in the budget for the temporary family 185 assistance program, provided the increase would not create a budget 186 deficiency in succeeding years. The commissioner shall provide a 187 prorated benefit increase from such available lapsed funds in any fiscal 188 year when such funds are not sufficient to cover a cost-of-living 189 adjustment in accordance with this subsection. 190 [(h)] (g) An applicant or recipient of temporary family assistance who 191 is adversely affected by a decision of the Commissioner of Social 192 Services may request and shall be provided a hearing in accordance 193 with section 17b-60. 194 Sec. 2. Subsection (a) of section 17b-112b of the general statutes is 195 repealed and the following is substituted in lieu thereof (Effective July 1, 196 2022): 197 (a) An applicant or recipient who is a past or present victim of 198 domestic violence or at risk of further domestic violence, pursuant to 199 subsection (c) of section 17b-112a, shall, for good cause: (1) Be excused 200 from failing to participate in a work activity; or (2) be exempted from 201 child support enforcement requirements pursuant to subsection [(e)] (d) 202 of section 17b-112, as amended by this act. Such an applicant or recipient 203 may, for good cause, be granted an extension of cash assistance, [beyond 204 twenty-one months,] provided the domestic violence experienced is of 205 sufficient magnitude to reasonably render the individual unable to 206 obtain or maintain employment. 207 Sec. 3. Section 17b-112e of the general statutes is repealed and the 208 following is substituted in lieu thereof (Effective July 1, 2022): 209 (a) The Department of Social Services shall provide safety net services 210 for certain families identified as having significant barriers to 211 employment and families who are at risk of losing benefits under the 212 temporary family assistance program or no longer receiving program 213 benefits. To be eligible for safety net services, such families shall: (1) 214 Have been identified as having significant barriers to employment 215 during the initial assessment by the department's eligibility worker or 216 Raised Bill No. 197 LCO No. 701 8 of 11 during the first twelve months of employment services by an 217 employment services case manager; (2) have made a good faith effort to 218 seek and maintain employment but have not been able to do so or be at 219 risk of failing to complete the employment services program; (3) have 220 exhausted their eligibility for temporary family assistance program 221 benefits; or (4) not be eligible for [six-month] extensions of temporary 222 family assistance benefits due to [: (A) The receipt of two sanctions from 223 the department during the first twenty months of the twenty-one-month 224 time limit of said temporary family assistance program; or (B)] the 225 determination by the department that such a family has not made a 226 good faith effort to seek and maintain employment. 227 (b) Said safety net shall consist of services provided through the 228 existing community service delivery network with additional resources 229 provided by the Department of Social Services. Services shall be 230 provided in-kind or through vendor or voucher payment. Services may 231 include the following: (1) Food, shelter, clothing and employment 232 assistance; (2) eviction prevention; (3) an in-depth family needs 233 assessment; (4) intensive case management that includes visits to the 234 family's home; (5) continuous monitoring for child abuse or neglect; and 235 (6) for families at risk of losing benefits under the temporary family 236 assistance program, individual performance contracts administered by 237 the Labor Department that require job training, job searching, volunteer 238 work, participation in parenting programs or counseling or any other 239 requirements deemed necessary by the Labor Commissioner. 240 (c) Families successfully meeting the program requirements 241 established by the individual performance contracts in subdivision (6) 242 of subsection (b) of this section [prior to the end of the twenty-one-243 month time limit] shall be considered to have made a good faith effort 244 to comply with the requirements of the program, for the purposes of 245 qualifying for [a six-month] an extension, provided they have made a 246 good faith effort to comply with the individual performance contract or 247 have not incurred a sanction subsequent to completing the individual 248 performance contract. 249 Raised Bill No. 197 LCO No. 701 9 of 11 (d) The Commissioner of Social Services shall implement policies and 250 procedures necessary for the purposes of this section while in the 251 process of adopting such policies and procedures in regulation form, 252 provided the commissioner [prints] posts notice of intention to adopt 253 the regulations [in the Connecticut Law Journal within twenty days of ] 254 on the eRegulations System and the department's Internet web site not 255 later than twenty days after implementing such policies and procedures. 256 Policies and procedures implemented pursuant to this subsection shall 257 be valid until the time final regulations are effective. 258 Sec. 4. Subsection (d) of section 17b-112g of the 2022 supplement to 259 the general statutes is repealed and the following is substituted in lieu 260 thereof (Effective July 1, 2022): 261 (d) A family receiving diversion assistance shall be ineligible to 262 receive monthly temporary family assistance payments for a period of 263 three months from the date of application for temporary family 264 assistance, except that such family shall be eligible to receive temporary 265 family assistance payments within such period if the Commissioner of 266 Social Services, or the commissioner's designee, in the commissioner's 267 sole discretion, determines that the family has experienced undue 268 hardship. A family that is subject to the [twenty-one-month] sixty-269 month benefit limit under temporary family assistance shall have 270 diversion assistance count as three months toward such limit. Nothing 271 in this section shall prohibit a family receiving diversion assistance that 272 later qualifies for temporary family assistance from qualifying for [a six-273 month] an extension available to recipients of temporary family 274 assistance who did not receive diversion assistance. 275 Sec. 5. Subsection (b) of section 17b-688c of the general statutes is 276 repealed and the following is substituted in lieu thereof (Effective July 1, 277 2022): 278 (b) In no event shall temporary family assistance be granted to an 279 applicant for such assistance, who is not exempt from participation in 280 the employment services program, prior to the applicant's attendance at 281 Raised Bill No. 197 LCO No. 701 10 of 11 an initial scheduled employment services assessment interview and 282 participation in the development of an employment services plan. The 283 Department of Social Services shall not delay temporary family 284 assistance to an applicant in cases where the department schedules the 285 initial employment services assessment interview more than ten 286 business days after the date on which application for assistance is made, 287 or in cases where the Labor Department does not complete an 288 employment services plan for the benefit of the applicant within ten 289 business days of the date on which the applicant attends an employment 290 services assessment interview. The Commissioner of Social Services 291 shall refer any applicant denied temporary family assistance, who may 292 be in need of emergency benefits, to other services offered by the 293 Department of Social Services or community services that may be 294 available to such applicant. The Department of Social Services shall 295 reduce the benefits awarded to a family under the temporary family 296 assistance program when a member of the family who is required to 297 participate in employment services fails to comply with an employment 298 services requirement without good cause. The first instance of 299 noncompliance with an employment services requirement shall result 300 in a twenty-five per cent reduction of such benefits for three consecutive 301 months. The second instance of noncompliance with such requirement 302 shall result in a thirty-five per cent reduction of such benefits for three 303 consecutive months. A third or subsequent instance of noncompliance 304 with such requirement shall result in the termination of such benefits 305 for three consecutive months. If only one member of a family is eligible 306 for temporary family assistance and such member fails to comply with 307 an employment services requirement, the department shall terminate all 308 benefits of such family for three consecutive months. Notwithstanding 309 the provisions of this subsection, the department shall terminate the 310 benefits awarded to a family under the temporary family assistance 311 program if a member of the family who is not exempt from the [twenty-312 one-month] sixty-month time limit specified in subsection (a) of section 313 17b-112, as amended by this act, fails, without good cause, to: (1) Attend 314 any scheduled assessment appointment or interview relating to the 315 establishment of an employment services plan, except that such 316 Raised Bill No. 197 LCO No. 701 11 of 11 individual's benefits shall be reinstated if the individual attends a 317 subsequently scheduled appointment or interview within thirty days of 318 the date on which the department has issued notification to the 319 individual that benefits have been terminated, or (2) comply with an 320 employment services requirement. [during a six-month extension of 321 benefits.] Any individual who fails to comply with the provisions of 322 subdivision (1) of this subsection may submit a new application for such 323 benefits at any time after termination of benefits.324 This act shall take effect as follows and shall amend the following sections: Section 1 July 1, 2022 17b-112 Sec. 2 July 1, 2022 17b-112b(a) Sec. 3 July 1, 2022 17b-112e Sec. 4 July 1, 2022 17b-112g(d) Sec. 5 July 1, 2022 17b-688c(b) Statement of Purpose: To increase from twenty-one to sixty months the amount of time a person can receive temporary family assistance. [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.]