Connecticut 2022 2022 Regular Session

Connecticut Senate Bill SB00197 Introduced / Bill

Filed 02/23/2022

                        
 
 
 
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statutes is repealed and the following is substituted in lieu thereof 2 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 
 
 
 
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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 
 
 
 
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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 
 
 
 
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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 
 
 
 
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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 
 
 
 
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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 
 
 
 
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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 
 
 
 
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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 
 
 
 
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(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 
 
 
 
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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 
 
 
 
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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.]