LCO No. 3905 1 of 10 General Assembly Raised Bill No. 6629 January Session, 2023 LCO No. 3905 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 Section 17b-112 of the general statutes is repealed and the 1 following is substituted in lieu thereof (Effective July 1, 2023): 2 (a) The Department of Social Services shall administer a temporary 3 family assistance program under which cash assistance shall be 4 provided to eligible families in accordance with the temporary 5 assistance for needy families program, established pursuant to the 6 Personal Responsibility and Work Opportunity Reconciliation Act of 7 1996. The Commissioner of Social Services may operate portions of the 8 temporary family assistance program as a solely state-funded program, 9 separate from the federal temporary assistance for needy families 10 program, if the commissioner determines that doing so will enable the 11 state to avoid fiscal penalties under the temporary assistance for needy 12 families program. Families receiving assistance under the solely state-13 funded portion of the temporary family assistance program shall be 14 subject to the same conditions of eligibility as those receiving assistance 15 under the federal temporary assistance for needy families program. 16 Raised Bill No. 6629 LCO No. 3905 2 of 10 Under the temporary family assistance program, benefits shall be 17 provided to a family for not longer than [twenty-one] sixty months, 18 except as provided in [subsections (b) and (c)] subsection (b) of this 19 section. [For the purpose of calculating said twenty-one-month time 20 limit, months of assistance received on and after January 1, 1996, 21 pursuant to time limits under the aid to families with dependent 22 children program, shall be included.] For purposes of this section, 23 "family" means one or more individuals who apply for or receive 24 assistance together under the temporary family assistance program. If 25 the commissioner determines that federal law allows individuals not 26 otherwise in an eligible covered group for the temporary family 27 assistance program to become covered, such family may also, at the 28 discretion of the commissioner, be composed of (1) a pregnant woman, 29 or (2) a parent, both parents or other caretaker relative and at least one 30 child who is under the age of eighteen, or who is under the age of 31 nineteen and a full-time student in a secondary school or its equivalent. 32 A caretaker relative shall be related to the child or children by blood, 33 marriage or adoption or shall be the legal guardian of such a child or 34 pursuing legal proceedings necessary to achieve guardianship. If the 35 commissioner elects to allow state eligibility consistent with any change 36 in federal law, the commissioner may administratively transfer any 37 qualifying family cases under the cash assistance portion of the state-38 administered general assistance program to the temporary family 39 assistance program without regard to usual eligibility and enrollment 40 procedures. If such families become an ineligible coverage group under 41 the federal law, the commissioner shall administratively transfer such 42 families back to the cash assistance portion of the state-administered 43 general assistance program without regard to usual eligibility and 44 enrollment procedures to the degree that such families are eligible for 45 the state program. For the purpose of calculating said sixty-month time 46 limit: 47 (A) Months of assistance received on and after January 1, 1996, 48 pursuant to time limits under the aid to families with dependent 49 children program, shall be included; 50 Raised Bill No. 6629 LCO No. 3905 3 of 10 (B) A month shall count toward the limit if the family receives 51 assistance for any day of the month, provided any months of temporary 52 family assistance received during the public health emergency declared 53 by Governor Ned Lamont related to the COVID-19 pandemic shall not 54 be included; and 55 (C) A month in which a family receives temporary assistance for 56 needy families benefits that are issued from a jurisdiction other than 57 Connecticut shall count toward the limit. 58 (b) The Commissioner of Social Services shall exempt a family from 59 such time-limited benefits for circumstances including, but not limited 60 to: (1) A family with a needy caretaker relative who is incapacitated or 61 of an advanced age, as defined by the commissioner, if there is no other 62 nonexempt caretaker relative in the household; (2) a family with a needy 63 caretaker relative who is needed in the home because of the incapacity 64 of another member of the household, if there is no other nonexempt 65 caretaker relative in the household; (3) a family with a caretaker relative 66 who is not legally responsible for the dependent children in the 67 household if such relative's needs are not considered in calculating the 68 amount of the benefit and there is no other nonexempt caretaker relative 69 in the household; (4) a family with a caretaker relative caring for a child 70 who is under one year of age if there is no other nonexempt caretaker 71 relative in the household; (5) a family with a pregnant or postpartum 72 caretaker relative if a physician has indicated that such relative is unable 73 to work and there is no other nonexempt caretaker relative in the 74 household; (6) a family with a caretaker relative determined by the 75 commissioner to be unemployable and there is no other nonexempt 76 caretaker relative in the household; [and] (7) minor parents attending 77 and satisfactorily completing high school or high school equivalency 78 programs; and (8) a family that has encountered circumstances 79 preventing employment, including, but not limited to, (A) domestic 80 violence, as defined in Section 402(a)(7)(B), P.L. 104-193, or physical 81 harm to such family's children; or (B) other circumstances beyond such 82 family's control. 83 Raised Bill No. 6629 LCO No. 3905 4 of 10 [(c) A family who is subject to time-limited benefits may petition the 84 Commissioner of Social Services for six-month extensions of such 85 benefits. The commissioner shall grant not more than two extensions to 86 such family who has made a good faith effort to comply with the 87 requirements of the program and despite such effort has a total family 88 income at a level below the payment standard, or has encountered 89 circumstances preventing employment including, but not limited to: (1) 90 Domestic violence or physical harm to such family's children; or (2) 91 other circumstances beyond such family's control. The commissioner 92 shall disregard ninety dollars of earned income in determining 93 applicable family income. The commissioner may grant a subsequent 94 six-month extension if each adult in the family meets one or more of the 95 following criteria: (A) The adult is precluded from engaging in 96 employment activities due to domestic violence or another reason 97 beyond the adult's control; (B) the adult has two or more substantiated 98 barriers to employment including, but not limited to, the lack of 99 available child care, substance abuse or addiction, severe mental or 100 physical health problems, one or more severe learning disabilities, 101 domestic violence or a child who has a serious physical or behavioral 102 health problem; (C) the adult is working thirty-five or more hours per 103 week, is earning at least the minimum wage and continues to earn less 104 than the family's temporary family assistance payment standard; or (D) 105 the adult is employed and works less than thirty-five hours per week 106 due to (i) a documented medical impairment that limits the adult's 107 hours of employment, provided the adult works the maximum number 108 of hours that the medical condition permits, or (ii) the need to care for a 109 disabled member of the adult's household, provided the adult works the 110 maximum number of hours the adult's caregiving responsibilities 111 permit. Families receiving temporary family assistance shall be notified 112 by the department of the right to petition for such extensions. 113 Notwithstanding the provisions of this section, the commissioner shall 114 not provide benefits under the state's temporary family assistance 115 program to a family that is subject to the twenty-one month benefit limit 116 and has received benefits beginning on or after October 1, 1996, if such 117 benefits result in that family's receiving more than sixty months of time-118 Raised Bill No. 6629 LCO No. 3905 5 of 10 limited benefits unless that family experiences domestic violence, as 119 defined in Section 402(a)(7)(B), P.L. 104-193. For the purpose of 120 calculating said sixty-month limit: (I) A month shall count toward the 121 limit if the family receives assistance for any day of the month, provided 122 any months of temporary family assistance received during the public 123 health emergency declared by Governor Ned Lamont related to the 124 COVID-19 pandemic shall not be included, and (II) a month in which a 125 family receives temporary assistance for needy families benefits that are 126 issued from a jurisdiction other than Connecticut shall count toward the 127 limit.] 128 [(d)] (c) Under said program, no family shall be eligible that has total 129 gross earnings exceeding the federal poverty level, however, in the 130 calculation of the benefit amount for eligible families and previously 131 eligible families that become ineligible temporarily because of receipt of 132 workers' compensation benefits by a family member who subsequently 133 returns to work immediately after the period of receipt of such benefits, 134 earned income shall be disregarded up to the federal poverty level. 135 [Except when determining eligibility for a six-month extension of 136 benefits pursuant to subsection (c) of this section, the] For a family that 137 would lose eligibility due to new employment with earnings exceeding 138 the federal poverty level, the commissioner shall gradually reduce 139 benefits over a period of ninety days prior to the date on which the 140 family is no longer eligible for benefits under the program. The 141 commissioner shall disregard ninety dollars of earned income in 142 determining applicable family income. The commissioner shall 143 disregard the first fifty dollars per month of income attributable to 144 current child support that a family receives in determining eligibility 145 and benefit levels for temporary family assistance. Any current child 146 support in excess of fifty dollars per month collected by the department 147 on behalf of an eligible child shall be considered in determining 148 eligibility but shall not be considered when calculating benefits and 149 shall be taken as reimbursement for assistance paid under this section, 150 except that when the current child support collected exceeds the family's 151 monthly award of temporary family assistance benefits plus fifty 152 Raised Bill No. 6629 LCO No. 3905 6 of 10 dollars, the current child support shall be paid to the family and shall be 153 considered when calculating benefits. 154 [(e)] (d) A family receiving assistance under said program shall 155 cooperate with child support enforcement, under title IV-D of the Social 156 Security Act. A family shall be ineligible for benefits for failure to 157 cooperate with child support enforcement. 158 [(f)] (e) A family leaving assistance at the end of [(1) said twenty-one- 159 month time limit, including a family with income above the payment 160 standard, or (2)] the sixty-month limit, including a family with income 161 above the payment standard, shall have an interview for the purpose of 162 being informed of services that may continue to be available to such 163 family, including employment services available through the Labor 164 Department. Such interview shall include (A) a determination of 165 benefits available to the family provided by the Department of Social 166 Services; and (B) a determination of whether such family is eligible for 167 supplemental nutrition assistance or Medicaid. Information and 168 referrals shall be made to such a family for services and benefits 169 including, but not limited to, the earned income tax credit, rental 170 subsidies emergency housing, employment services and energy 171 assistance. 172 [(g)] (f) Notwithstanding section 17b-104, commencing on July 1, 173 2023, the Commissioner of Social Services shall provide an annual cost-174 of-living adjustment in temporary family assistance benefits equal to the 175 most recent percentage increase in the consumer price index for urban 176 consumers whenever funds appropriated for temporary family 177 assistance lapse at the close of any fiscal year and such adjustment has 178 not otherwise been included in the budget for the assistance program, 179 provided the increase would not create a budget deficiency in 180 succeeding years. The commissioner shall provide a prorated benefit 181 increase from such available lapsed funds in any fiscal year when such 182 funds are not sufficient to cover a cost-of-living adjustment in 183 accordance with this subsection. 184 Raised Bill No. 6629 LCO No. 3905 7 of 10 [(h)] (g) An applicant or recipient of temporary family assistance who 185 is adversely affected by a decision of the Commissioner of Social 186 Services may request and shall be provided a hearing in accordance 187 with section 17b-60. 188 Sec. 2. Subsection (a) of section 17b-112b of the general statutes is 189 repealed and the following is substituted in lieu thereof (Effective July 1, 190 2023): 191 (a) An applicant or recipient who is a past or present victim of 192 domestic violence or at risk of further domestic violence, pursuant to 193 subsection (c) of section 17b-112a, shall, for good cause: (1) Be excused 194 from failing to participate in a work activity; or (2) be exempted from 195 child support enforcement requirements pursuant to subsection [(e)] (d) 196 of section 17b-112, as amended by this act. Such an applicant or recipient 197 may, for good cause, be granted an [extension of cash assistance beyond 198 twenty-one months] exemption from the sixty-month time limit for 199 temporary family assistance, pursuant to section 17b-112, as amended 200 by this act, provided the domestic violence experienced is of sufficient 201 magnitude to reasonably render the individual unable to obtain or 202 maintain employment. 203 Sec. 3. Section 17b-112e of the general statutes is repealed and the 204 following is substituted in lieu thereof (Effective July 1, 2023): 205 (a) The Department of Social Services shall provide safety net services 206 for certain families identified as having significant barriers to 207 employment and families who are at risk of losing benefits under the 208 temporary family assistance program or no longer receiving program 209 benefits. To be eligible for safety net services, such families shall: (1) 210 Have been identified as having significant barriers to employment 211 during the initial assessment by the department's eligibility worker or 212 during the first twelve months of employment services by an 213 employment services case manager; (2) have made a good faith effort to 214 seek and maintain employment but have not been able to do so or be at 215 risk of failing to complete the employment services program; or (3) have 216 Raised Bill No. 6629 LCO No. 3905 8 of 10 exhausted their eligibility for temporary family assistance program 217 benefits. [; or (4) not be eligible for six-month extensions of temporary 218 family assistance benefits due to: (A) The receipt of two sanctions from 219 the department during the first twenty months of the twenty-one-month 220 time limit of said temporary family assistance program; or (B) the 221 determination by the department that such a family has not made a 222 good faith effort to seek and maintain employment.] 223 (b) Said safety net shall consist of services provided through the 224 existing community service delivery network with additional resources 225 provided by the Department of Social Services. Services shall be 226 provided in-kind or through vendor or voucher payment. Services may 227 include the following: (1) Food, shelter, clothing and employment 228 assistance; (2) eviction prevention; (3) an in-depth family needs 229 assessment; (4) intensive case management that includes visits to the 230 family's home; (5) continuous monitoring for child abuse or neglect; and 231 (6) for families at risk of losing benefits under the temporary family 232 assistance program, individual performance contracts administered by 233 the Labor Department that require job training, job searching, volunteer 234 work, participation in parenting programs or counseling or any other 235 requirements deemed necessary by the Labor Commissioner. 236 [(c) Families successfully meeting the program requirements 237 established by the individual performance contracts in subdivision (6) 238 of subsection (b) of this section prior to the end of the twenty-one-month 239 time limit shall be considered to have made a good faith effort to comply 240 with the requirements of the program for the purposes of qualifying for 241 a six-month extension, provided they have made a good faith effort to 242 comply with the individual performance contract or have not incurred 243 a sanction subsequent to completing the individual performance 244 contract.] 245 [(d)] (c) The Commissioner of Social Services shall implement policies 246 and procedures necessary for the purposes of this section while in the 247 process of adopting such policies and procedures in regulation form, 248 provided the commissioner [prints] posts notice of intention to adopt 249 Raised Bill No. 6629 LCO No. 3905 9 of 10 the regulations [in the Connecticut Law Journal within twenty days of] 250 on the eRegulations System and the department's Internet web site not 251 later than twenty days after implementing such policies and procedures. 252 Policies and procedures implemented pursuant to this subsection shall 253 be valid until the time final regulations are effective. 254 Sec. 4. Subsection (d) of section 17b-112g of the general statutes is 255 repealed and the following is substituted in lieu thereof (Effective July 1, 256 2023): 257 (d) A family receiving diversion assistance shall be ineligible to 258 receive monthly temporary family assistance payments for a period of 259 three months from the date of application for temporary family 260 assistance, except that such family shall be eligible to receive temporary 261 family assistance payments within such period if the Commissioner of 262 Social Services, or the commissioner's designee, in the commissioner's 263 sole discretion, determines that the family has experienced undue 264 hardship. A family that is subject to the [twenty-one-month] sixty-265 month benefit limit under temporary family assistance shall have 266 diversion assistance count as three months toward such limit. [Nothing 267 in this section shall prohibit a family receiving diversion assistance that 268 later qualifies for temporary family assistance from qualifying for a six-269 month extension available to recipients of temporary family assistance 270 who did not receive diversion assistance.] 271 This act shall take effect as follows and shall amend the following sections: Section 1 July 1, 2023 17b-112 Sec. 2 July 1, 2023 17b-112b(a) Sec. 3 July 1, 2023 17b-112e Sec. 4 July 1, 2023 17b-112g(d) Statement of Purpose: To extend the time limit for temporary family assistance to sixty months and to gradually reduce benefits for newly employed beneficiaries to encourage employment. Raised Bill No. 6629 LCO No. 3905 10 of 10 [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.]