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General Assembly Substitute Bill No. 197
February Session, 2022
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statutes is repealed and the following is substituted in lieu thereof 2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
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 Substitute Bill No. 197
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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
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 Substitute Bill No. 197
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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
barriers to employment including, but not limited to, the lack of 85
available child care, substance abuse or addiction, severe mental or 86 Substitute Bill No. 197
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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 [(II) a] 112
(3) A month in which a family receives temporary assistance for 113
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
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 Substitute Bill No. 197
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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 extension of 149
benefits pursuant to subsection (c) of this section, the] The commissioner 150
shall disregard the first fifty dollars per month of income attributable to 151
current child support that a family receives in determining eligibility 152
and benefit levels for temporary family assistance. Any current child 153 Substitute Bill No. 197
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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
not otherwise been included in the budget for the temporary family 185
assistance program, provided the increase would not create a budget 186 Substitute Bill No. 197
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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] exemption of the sixty-month time limit for 205
temporary family assistance, pursuant to section 17b-112, as amended 206
by this act, provided the domestic violence experienced is of sufficient 207
magnitude to reasonably render the individual unable to obtain or 208
maintain employment. 209
Sec. 3. Section 17b-112e of the general statutes is repealed and the 210
following is substituted in lieu thereof (Effective July 1, 2022): 211
(a) The Department of Social Services shall provide safety net services 212
for certain families identified as having significant barriers to 213
employment and families who are at risk of losing benefits under the 214
temporary family assistance program or no longer receiving program 215
benefits. To be eligible for safety net services, such families shall: (1) 216
Have been identified as having significant barriers to employment 217 Substitute Bill No. 197
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during the initial assessment by the department's eligibility worker or 218
during the first twelve months of employment services by an 219
employment services case manager; (2) have made a good faith effort to 220
seek and maintain employment but have not been able to do so or be at 221
risk of failing to complete the employment services program; or (3) have 222
exhausted their eligibility for temporary family assistance program 223
benefits. [; or (4) not be eligible for six-month extensions of temporary 224
family assistance benefits due to: (A) The receipt of two sanctions from 225
the department during the first twenty months of the twenty-one-month 226
time limit of said temporary family assistance program; or (B) the 227
determination by the department that such a family has not made a 228
good faith effort to seek and maintain employment.] 229
(b) Said safety net shall consist of services provided through the 230
existing community service delivery network with additional resources 231
provided by the Department of Social Services. Services shall be 232
provided in-kind or through vendor or voucher payment. Services may 233
include the following: (1) Food, shelter, clothing and employment 234
assistance; (2) eviction prevention; (3) an in-depth family needs 235
assessment; (4) intensive case management that includes visits to the 236
family's home; (5) continuous monitoring for child abuse or neglect; and 237
(6) for families at risk of losing benefits under the temporary family 238
assistance program, individual performance contracts administered by 239
the Labor Department that require job training, job searching, volunteer 240
work, participation in parenting programs or counseling or any other 241
requirements deemed necessary by the Labor Commissioner. 242
[(c) Families successfully meeting the program requirements 243
established by the individual performance contracts in subdivision (6) 244
of subsection (b) of this section prior to the end of the twenty-one-month 245
time limit shall be considered to have made a good faith effort to comply 246
with the requirements of the program, for the purposes of qualifying for 247
a six-month extension, provided they have made a good faith effort to 248
comply with the individual performance contract or have not incurred 249
a sanction subsequent to completing the individual performance 250 Substitute Bill No. 197
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contract.] 251
[(d)] (c) The Commissioner of Social Services shall implement policies 252
and procedures necessary for the purposes of this section while in the 253
process of adopting such policies and procedures in regulation form, 254
provided the commissioner [prints] posts notice of intention to adopt 255
the regulations [in the Connecticut Law Journal within twenty days of ] 256
on the eRegulations System and the department's Internet web site not 257
later than twenty days after implementing such policies and procedures. 258
Policies and procedures implemented pursuant to this subsection shall 259
be valid until the time final regulations are effective. 260
Sec. 4. Subsection (d) of section 17b-112g of the 2022 supplement to 261
the general statutes is repealed and the following is substituted in lieu 262
thereof (Effective July 1, 2022): 263
(d) A family receiving diversion assistance shall be ineligible to 264
receive monthly temporary family assistance payments for a period of 265
three months from the date of application for temporary family 266
assistance, except that such family shall be eligible to receive temporary 267
family assistance payments within such period if the Commissioner of 268
Social Services, or the commissioner's designee, in the commissioner's 269
sole discretion, determines that the family has experienced undue 270
hardship. A family that is subject to the [twenty-one-month] sixty-271
month benefit limit under temporary family assistance shall have 272
diversion assistance count as three months toward such limit. [Nothing 273
in this section shall prohibit a family receiving diversion assistance that 274
later qualifies for temporary family assistance from qualifying for a six-275
month extension available to recipients of temporary family assistance 276
who did not receive diversion assistance.] 277
Sec. 5. Subsection (b) of section 17b-688c of the general statutes is 278
repealed and the following is substituted in lieu thereof (Effective July 1, 279
2022): 280
(b) In no event shall temporary family assistance be granted to an 281 Substitute Bill No. 197
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applicant for such assistance, who is not exempt from participation in 282
the employment services program, prior to the applicant's attendance at 283
an initial scheduled employment services assessment interview and 284
participation in the development of an employment services plan. The 285
Department of Social Services shall not delay temporary family 286
assistance to an applicant in cases where the department schedules the 287
initial employment services assessment interview more than ten 288
business days after the date on which application for assistance is made, 289
or in cases where the Labor Department does not complete an 290
employment services plan for the benefit of the applicant within ten 291
business days of the date on which the applicant attends an employment 292
services assessment interview. The Commissioner of Social Services 293
shall refer any applicant denied temporary family assistance, who may 294
be in need of emergency benefits, to other services offered by the 295
Department of Social Services or community services that may be 296
available to such applicant. The Department of Social Services shall 297
reduce the benefits awarded to a family under the temporary family 298
assistance program when a member of the family who is required to 299
participate in employment services fails to comply with an employment 300
services requirement without good cause. The first instance of 301
noncompliance with an employment services requirement shall result 302
in a twenty-five per cent reduction of such benefits for three consecutive 303
months. The second instance of noncompliance with such requirement 304
shall result in a thirty-five per cent reduction of such benefits for three 305
consecutive months. A third or subsequent instance of noncompliance 306
with such requirement shall result in the termination of such benefits 307
for three consecutive months. If only one member of a family is eligible 308
for temporary family assistance and such member fails to comply with 309
an employment services requirement, the department shall terminate all 310
benefits of such family for three consecutive months. Notwithstanding 311
the provisions of this subsection, the department shall terminate the 312
benefits awarded to a family under the temporary family assistance 313
program if a member of the family who is not exempt from the [twenty-314
one-month] sixty-month time limit specified in subsection (a) of section 315
17b-112, as amended by this act, fails, without good cause, to [: (1) 316 Substitute Bill No. 197
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Attend] attend any scheduled assessment appointment or interview 317
relating to the establishment of an employment services plan, except 318
that such individual's benefits shall be reinstated if the individual 319
attends a subsequently scheduled appointment or interview within 320
thirty days of the date on which the department has issued notification 321
to the individual that benefits have been terminated. [, or (2) comply 322
with an employment services requirement during a six-month extension 323
of benefits.] Any individual who fails to comply with the provisions of 324
[subdivision (1) of] this subsection may submit a new application for 325
such benefits at any time after termination of benefits. 326
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)
HS Joint Favorable Subst. C/R APP