Connecticut 2022 Regular Session

Connecticut Senate Bill SB00197 Compare Versions

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7	7		General Assembly Substitute Bill No. 197
8	8		February Session, 2022
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14	14		AN ACT CONCERNING TEMPORARY FAMILY ASSISTANCE.
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 2022 supplement to the general 1
19	19		statutes is repealed and the following is substituted in lieu thereof 2
20	20		(Effective July 1, 2022): 3
21	21		(a) The Department of Social Services shall administer a temporary 4
22	22		family assistance program under which cash assistance shall be 5
23	23		provided to eligible families in accordance with the temporary 6
24	24		assistance for needy families program, established pursuant to the 7
25	25		Personal Responsibility and Work Opportunity Reconciliation Act of 8
26	26		1996. The Commissioner of Social Services may operate portions of the 9
27	27		temporary family assistance program as a solely state-funded program, 10
28	28		separate from the federal temporary assistance for needy families 11
29	29		program, if the commissioner determines that doing so will enable the 12
30	30		state to avoid fiscal penalties under the temporary assistance for needy 13
31	31		families program. Families receiving assistance under the solely state-14
32	32		funded portion of the temporary family assistance program shall be 15
33	33		subject to the same conditions of eligibility as those receiving assistance 16
34	34		under the federal temporary assistance for needy families program. 17
35	35		Under the temporary family assistance program, benefits shall be 18
36	36		provided to a family for not longer than [twenty-one] sixty months, 19 Substitute Bill No. 197
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43	43		except as provided in [subsections (b) and (c)] subsection (b) of this 20
44	44		section. For the purpose of calculating said [twenty-one-month] sixty-21
45	45		month time limit: [, months] 22
46	46		(1) Months of assistance received on and after January 1, 1996, 23
47	47		pursuant to time limits under the aid to families with dependent 24
48	48		children program, shall be included. For purposes of this section, 25
49	49		"family" means one or more individuals who apply for or receive 26
50	50		assistance together under the temporary family assistance program. If 27
51	51		the commissioner determines that federal law allows individuals not 28
52	52		otherwise in an eligible covered group for the temporary family 29
53	53		assistance program to become covered, such family may also, at the 30
54	54		discretion of the commissioner, be composed of [(1)] (A) a pregnant 31
55	55		woman, or [(2)] (B) a parent, both parents or other caretaker relative and 32
56	56		at least one child who is under the age of eighteen, or who is under the 33
57	57		age of nineteen and a full-time student in a secondary school or its 34
58	58		equivalent. A caretaker relative shall be related to the child or children 35
59	59		by blood, marriage or adoption or shall be the legal guardian of such a 36
60	60		child or pursuing legal proceedings necessary to achieve guardianship. 37
61	61		If the commissioner elects to allow state eligibility consistent with any 38
62	62		change in federal law, the commissioner may administratively transfer 39
63	63		any qualifying family cases under the cash assistance portion of the 40
64	64		state-administered general assistance program to the temporary family 41
65	65		assistance program without regard to usual eligibility and enrollment 42
66	66		procedures. If such families become an ineligible coverage group under 43
67	67		the federal law, the commissioner shall administratively transfer such 44
68	68		families back to the cash assistance portion of the state-administered 45
69	69		general assistance program without regard to usual eligibility and 46
70	70		enrollment procedures to the degree that such families are eligible for 47
71	71		the state program; [.] 48
72	72		[(b) The Commissioner of Social Services shall exempt a family from 49
73	73		such time-limited benefits for circumstances including, but not limited 50
74	74		to: (1) A family with a needy caretaker relative who is incapacitated or 51
75	75		of an advanced age, as defined by the commissioner, if there is no other 52 Substitute Bill No. 197
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82	82		nonexempt caretaker relative in the household; (2) a family with a needy 53
83	83		caretaker relative who is needed in the home because of the incapacity 54
84	84		of another member of the household, if there is no other nonexempt 55
85	85		caretaker relative in the household; (3) a family with a caretaker relative 56
86	86		who is not legally responsible for the dependent children in the 57
87	87		household if such relative's needs are not considered in calculating the 58
88	88		amount of the benefit and there is no other nonexempt caretaker relative 59
89	89		in the household; (4) a family with a caretaker relative caring for a child 60
90	90		who is under one year of age if there is no other nonexempt caretaker 61
91	91		relative in the household; (5) a family with a pregnant or postpartum 62
92	92		caretaker relative if a physician has indicated that such relative is unable 63
93	93		to work and there is no other nonexempt caretaker relative in the 64
94	94		household; (6) a family with a caretaker relative determined by the 65
95	95		commissioner to be unemployable and there is no other nonexempt 66
96	96		caretaker relative in the household; and (7) minor parents attending and 67
97	97		satisfactorily completing high school or high school equivalency 68
98	98		programs. 69
99	99		(c) A family who is subject to time-limited benefits may petition the 70
100	100		Commissioner of Social Services for six-month extensions of such 71
101	101		benefits. The commissioner shall grant not more than two extensions to 72
102	102		such family who has made a good faith effort to comply with the 73
103	103		requirements of the program and despite such effort has a total family 74
104	104		income at a level below the payment standard, or has encountered 75
105	105		circumstances preventing employment including, but not limited to: (1) 76
106	106		Domestic violence or physical harm to such family's children; or (2) 77
107	107		other circumstances beyond such family's control. The commissioner 78
108	108		shall disregard ninety dollars of earned income in determining 79
109	109		applicable family income. The commissioner may grant a subsequent 80
110	110		six-month extension if each adult in the family meets one or more of the 81
111	111		following criteria: (A) The adult is precluded from engaging in 82
112	112		employment activities due to domestic violence or another reason 83
113	113		beyond the adult's control; (B) the adult has two or more substantiated 84
114	114		barriers to employment including, but not limited to, the lack of 85
115	115		available child care, substance abuse or addiction, severe mental or 86 Substitute Bill No. 197
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122	122		physical health problems, one or more severe learning disabilities, 87
123	123		domestic violence or a child who has a serious physical or behavioral 88
124	124		health problem; (C) the adult is working thirty-five or more hours per 89
125	125		week, is earning at least the minimum wage and continues to earn less 90
126	126		than the family's temporary family assistance payment standard; or (D) 91
127	127		the adult is employed and works less than thirty-five hours per week 92
128	128		due to (i) a documented medical impairment that limits the adult's 93
129	129		hours of employment, provided the adult works the maximum number 94
130	130		of hours that the medical condition permits, or (ii) the need to care for a 95
131	131		disabled member of the adult's household, provided the adult works the 96
132	132		maximum number of hours the adult's caregiving responsibilities 97
133	133		permit. Families receiving temporary family assistance shall be notified 98
134	134		by the department of the right to petition for such extensions. 99
135	135		Notwithstanding the provisions of this section, the commissioner shall 100
136	136		not provide benefits under the state's temporary family assistance 101
137	137		program to a family that is subject to the twenty-one month benefit limit 102
138	138		and has received benefits beginning on or after October 1, 1996, if such 103
139	139		benefits result in that family's receiving more than sixty months of time-104
140	140		limited benefits unless that family experiences domestic violence, as 105
141	141		defined in Section 402(a)(7)(B), P.L. 104-193. For the purpose of 106
142	142		calculating said sixty-month limit: (I)] 107
143	143		(2) A month shall count toward the limit if the family receives 108
144	144		assistance for any day of the month, [provided] except that any months 109
145	145		of temporary family assistance received during the public health 110
146	146		emergency declared by Governor Ned Lamont related to the COVID-19 111
147	147		pandemic shall not be included; [,] and [(II) a] 112
148	148		(3) A month in which a family receives temporary assistance for 113
149	149		needy families benefits that are issued from a jurisdiction other than 114
150	150		Connecticut shall count toward the limit. 115
151	151		(b) The Commissioner of Social Services may exempt a family from 116
152	152		time-limited benefits for circumstances, including, but not limited to: (1) 117
153	153		A family with a needy caretaker relative who is incapacitated or of an 118
154	154		advanced age, as defined by the commissioner, if there is no other 119 Substitute Bill No. 197
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161	161		nonexempt caretaker relative in the household; (2) a family with a needy 120
162	162		caretaker relative who is needed in the home because of the incapacity 121
163	163		of another member of the household, if there is no other nonexempt 122
164	164		caretaker relative in the household; (3) a family with a caretaker relative 123
165	165		who is not legally responsible for the dependent children in the 124
166	166		household if such relative's needs are not considered in calculating the 125
167	167		amount of the benefit and there is no other nonexempt caretaker relative 126
168	168		in the household; (4) a family with a caretaker relative caring for a child 127
169	169		who is under one year of age if there is no other nonexempt caretaker 128
170	170		relative in the household; (5) a family with a pregnant or postpartum 129
171	171		caretaker relative if a physician has indicated that such relative is unable 130
172	172		to work and there is no other nonexempt caretaker relative in the 131
173	173		household; (6) a family with a caretaker relative determined by the 132
174	174		commissioner to be unemployable and there is no other nonexempt 133
175	175		caretaker relative in the household; (7) minor parents attending and 134
176	176		satisfactorily completing high school or high school equivalency 135
177	177		programs; and (8) a family that has encountered circumstances 136
178	178		preventing employment, including, but not limited to, (A) domestic 137
179	179		violence or physical harm to such family's children; or (B) other 138
180	180		circumstances beyond such family's control. The commissioner shall 139
181	181		disregard ninety dollars of earned income in determining applicable 140
182	182		family income. 141
183	183		[(d)] (c) Under said program, no family shall be eligible that has total 142
184	184		gross earnings exceeding the federal poverty level, however, in the 143
185	185		calculation of the benefit amount for eligible families and previously 144
186	186		eligible families that become ineligible temporarily because of receipt of 145
187	187		workers' compensation benefits by a family member who subsequently 146
188	188		returns to work immediately after the period of receipt of such benefits, 147
189	189		earned income shall be disregarded up to the federal poverty level. 148
190	190		[Except when determining eligibility for a six-month extension of 149
191	191		benefits pursuant to subsection (c) of this section, the] The commissioner 150
192	192		shall disregard the first fifty dollars per month of income attributable to 151
193	193		current child support that a family receives in determining eligibility 152
194	194		and benefit levels for temporary family assistance. Any current child 153 Substitute Bill No. 197
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201	201		support in excess of fifty dollars per month collected by the department 154
202	202		on behalf of an eligible child shall be considered in determining 155
203	203		eligibility but shall not be considered when calculating benefits and 156
204	204		shall be taken as reimbursement for assistance paid under this section, 157
205	205		except that when the current child support collected exceeds the family's 158
206	206		monthly award of temporary family assistance benefits plus fifty 159
207	207		dollars, the current child support shall be paid to the family and shall be 160
208	208		considered when 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] the sixty-month time limit, including a family with income 167
215	215		above the payment standard, [or (2) the sixty-month limit] shall have an 168
216	216		interview for the purpose of being informed of services that may 169
217	217		continue to be available to such family, including employment services 170
218	218		available through the Labor Department. Such interview shall include 171
219	219		[(A)] (1) a determination of benefits available to the family provided by 172
220	220		the Department of Social Services; and [(B)] (2) a determination of 173
221	221		whether such family is eligible for supplemental nutrition assistance or 174
222	222		Medicaid. Information and referrals shall be made to such a family for 175
223	223		services and benefits including, but not limited to, the earned income 176
224	224		tax credit, rental subsidies emergency housing, employment services 177
225	225		and energy assistance. 178
226	226		[(g)] (f) Notwithstanding section 17b-104, commencing on July 1, 179
227	227		2023, the Commissioner of Social Services shall provide an annual cost-180
228	228		of-living adjustment in temporary family assistance benefits equal to the 181
229	229		most recent percentage increase in the consumer price index for urban 182
230	230		consumers whenever funds appropriated for temporary family 183
231	231		assistance lapse at the close of any fiscal year and such adjustment has 184
232	232		not otherwise been included in the budget for the temporary family 185
233	233		assistance program, provided the increase would not create a budget 186 Substitute Bill No. 197
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240	240		deficiency in succeeding years. The commissioner shall provide a 187
241	241		prorated benefit increase from such available lapsed funds in any fiscal 188
242	242		year when such funds are not sufficient to cover a cost-of-living 189
243	243		adjustment in accordance with this subsection. 190
244	244		[(h)] (g) An applicant or recipient of temporary family assistance who 191
245	245		is adversely affected by a decision of the Commissioner of Social 192
246	246		Services may request and shall be provided a hearing in accordance 193
247	247		with section 17b-60. 194
248	248		Sec. 2. Subsection (a) of section 17b-112b of the general statutes is 195
249	249		repealed and the following is substituted in lieu thereof (Effective July 1, 196
250	250		2022): 197
251	251		(a) An applicant or recipient who is a past or present victim of 198
252	252		domestic violence or at risk of further domestic violence, pursuant to 199
253	253		subsection (c) of section 17b-112a, shall, for good cause: (1) Be excused 200
254	254		from failing to participate in a work activity; or (2) be exempted from 201
255	255		child support enforcement requirements pursuant to subsection [(e)] (d) 202
256	256		of section 17b-112, as amended by this act. Such an applicant or recipient 203
257	257		may, for good cause, be granted an [extension of cash assistance beyond 204
258	258		twenty-one months] exemption of the sixty-month time limit for 205
259	259		temporary family assistance, pursuant to section 17b-112, as amended 206
260	260		by this act, provided the domestic violence experienced is of sufficient 207
261	261		magnitude to reasonably render the individual unable to obtain or 208
262	262		maintain employment. 209
263	263		Sec. 3. Section 17b-112e of the general statutes is repealed and the 210
264	264		following is substituted in lieu thereof (Effective July 1, 2022): 211
265	265		(a) The Department of Social Services shall provide safety net services 212
266	266		for certain families identified as having significant barriers to 213
267	267		employment and families who are at risk of losing benefits under the 214
268	268		temporary family assistance program or no longer receiving program 215
269	269		benefits. To be eligible for safety net services, such families shall: (1) 216
270	270		Have been identified as having significant barriers to employment 217 Substitute Bill No. 197
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277	277		during the initial assessment by the department's eligibility worker or 218
278	278		during the first twelve months of employment services by an 219
279	279		employment services case manager; (2) have made a good faith effort to 220
280	280		seek and maintain employment but have not been able to do so or be at 221
281	281		risk of failing to complete the employment services program; or (3) have 222
282	282		exhausted their eligibility for temporary family assistance program 223
283	283		benefits. [; or (4) not be eligible for six-month extensions of temporary 224
284	284		family assistance benefits due to: (A) The receipt of two sanctions from 225
285	285		the department during the first twenty months of the twenty-one-month 226
286	286		time limit of said temporary family assistance program; or (B) the 227
287	287		determination by the department that such a family has not made a 228
288	288		good faith effort to seek and maintain employment.] 229
289	289		(b) Said safety net shall consist of services provided through the 230
290	290		existing community service delivery network with additional resources 231
291	291		provided by the Department of Social Services. Services shall be 232
292	292		provided in-kind or through vendor or voucher payment. Services may 233
293	293		include the following: (1) Food, shelter, clothing and employment 234
294	294		assistance; (2) eviction prevention; (3) an in-depth family needs 235
295	295		assessment; (4) intensive case management that includes visits to the 236
296	296		family's home; (5) continuous monitoring for child abuse or neglect; and 237
297	297		(6) for families at risk of losing benefits under the temporary family 238
298	298		assistance program, individual performance contracts administered by 239
299	299		the Labor Department that require job training, job searching, volunteer 240
300	300		work, participation in parenting programs or counseling or any other 241
301	301		requirements deemed necessary by the Labor Commissioner. 242
302	302		[(c) Families successfully meeting the program requirements 243
303	303		established by the individual performance contracts in subdivision (6) 244
304	304		of subsection (b) of this section prior to the end of the twenty-one-month 245
305	305		time limit shall be considered to have made a good faith effort to comply 246
306	306		with the requirements of the program, for the purposes of qualifying for 247
307	307		a six-month extension, provided they have made a good faith effort to 248
308	308		comply with the individual performance contract or have not incurred 249
309	309		a sanction subsequent to completing the individual performance 250 Substitute Bill No. 197
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316	316		contract.] 251
317	317		[(d)] (c) The Commissioner of Social Services shall implement policies 252
318	318		and procedures necessary for the purposes of this section while in the 253
319	319		process of adopting such policies and procedures in regulation form, 254
320	320		provided the commissioner [prints] posts notice of intention to adopt 255
321	321		the regulations [in the Connecticut Law Journal within twenty days of ] 256
322	322		on the eRegulations System and the department's Internet web site not 257
323	323		later than twenty days after implementing such policies and procedures. 258
324	324		Policies and procedures implemented pursuant to this subsection shall 259
325	325		be valid until the time final regulations are effective. 260
326	326		Sec. 4. Subsection (d) of section 17b-112g of the 2022 supplement to 261
327	327		the general statutes is repealed and the following is substituted in lieu 262
328	328		thereof (Effective July 1, 2022): 263
329	329		(d) A family receiving diversion assistance shall be ineligible to 264
330	330		receive monthly temporary family assistance payments for a period of 265
331	331		three months from the date of application for temporary family 266
332	332		assistance, except that such family shall be eligible to receive temporary 267
333	333		family assistance payments within such period if the Commissioner of 268
334	334		Social Services, or the commissioner's designee, in the commissioner's 269
335	335		sole discretion, determines that the family has experienced undue 270
336	336		hardship. A family that is subject to the [twenty-one-month] sixty-271
337	337		month benefit limit under temporary family assistance shall have 272
338	338		diversion assistance count as three months toward such limit. [Nothing 273
339	339		in this section shall prohibit a family receiving diversion assistance that 274
340	340		later qualifies for temporary family assistance from qualifying for a six-275
341	341		month extension available to recipients of temporary family assistance 276
342	342		who did not receive diversion assistance.] 277
343	343		Sec. 5. Subsection (b) of section 17b-688c of the general statutes is 278
344	344		repealed and the following is substituted in lieu thereof (Effective July 1, 279
345	345		2022): 280
346	346		(b) In no event shall temporary family assistance be granted to an 281 Substitute Bill No. 197
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353	353		applicant for such assistance, who is not exempt from participation in 282
354	354		the employment services program, prior to the applicant's attendance at 283
355	355		an initial scheduled employment services assessment interview and 284
356	356		participation in the development of an employment services plan. The 285
357	357		Department of Social Services shall not delay temporary family 286
358	358		assistance to an applicant in cases where the department schedules the 287
359	359		initial employment services assessment interview more than ten 288
360	360		business days after the date on which application for assistance is made, 289
361	361		or in cases where the Labor Department does not complete an 290
362	362		employment services plan for the benefit of the applicant within ten 291
363	363		business days of the date on which the applicant attends an employment 292
364	364		services assessment interview. The Commissioner of Social Services 293
365	365		shall refer any applicant denied temporary family assistance, who may 294
366	366		be in need of emergency benefits, to other services offered by the 295
367	367		Department of Social Services or community services that may be 296
368	368		available to such applicant. The Department of Social Services shall 297
369	369		reduce the benefits awarded to a family under the temporary family 298
370	370		assistance program when a member of the family who is required to 299
371	371		participate in employment services fails to comply with an employment 300
372	372		services requirement without good cause. The first instance of 301
373	373		noncompliance with an employment services requirement shall result 302
374	374		in a twenty-five per cent reduction of such benefits for three consecutive 303
375	375		months. The second instance of noncompliance with such requirement 304
376	376		shall result in a thirty-five per cent reduction of such benefits for three 305
377	377		consecutive months. A third or subsequent instance of noncompliance 306
378	378		with such requirement shall result in the termination of such benefits 307
379	379		for three consecutive months. If only one member of a family is eligible 308
380	380		for temporary family assistance and such member fails to comply with 309
381	381		an employment services requirement, the department shall terminate all 310
382	382		benefits of such family for three consecutive months. Notwithstanding 311
383	383		the provisions of this subsection, the department shall terminate the 312
384	384		benefits awarded to a family under the temporary family assistance 313
385	385		program if a member of the family who is not exempt from the [twenty-314
386	386		one-month] sixty-month time limit specified in subsection (a) of section 315
387	387		17b-112, as amended by this act, fails, without good cause, to [: (1) 316 Substitute Bill No. 197
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394	394		Attend] attend any scheduled assessment appointment or interview 317
395	395		relating to the establishment of an employment services plan, except 318
396	396		that such individual's benefits shall be reinstated if the individual 319
397	397		attends a subsequently scheduled appointment or interview within 320
398	398		thirty days of the date on which the department has issued notification 321
399	399		to the individual that benefits have been terminated. [, or (2) comply 322
400	400		with an employment services requirement during a six-month extension 323
401	401		of benefits.] Any individual who fails to comply with the provisions of 324
402	402		[subdivision (1) of] this subsection may submit a new application for 325
403	403		such benefits at any time after termination of benefits. 326
404	404		This act shall take effect as follows and shall amend the following
405	405		sections:
406	406
407	407		Section 1 July 1, 2022 17b-112
408	408		Sec. 2 July 1, 2022 17b-112b(a)
409	409		Sec. 3 July 1, 2022 17b-112e
410	410		Sec. 4 July 1, 2022 17b-112g(d)
411	411		Sec. 5 July 1, 2022 17b-688c(b)
412	412
413	413		HS Joint Favorable Subst. C/R APP
414		-	APP Joint Favorable
415	414