Connecticut 2023 2023 Regular Session

Connecticut House Bill HB06629 Comm Sub / Bill

Filed 03/03/2023

                     
 
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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 Section 17b-112 of the general statutes is repealed and the 1 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 9 
program, separate from the federal temporary assistance for needy 10 
families program, if the commissioner determines that doing so will 11 
enable the state to avoid fiscal penalties under the temporary 12 
assistance for needy families program. Families receiving assistance 13 
under the solely state-funded portion of the temporary family 14 
assistance program shall be subject to the same conditions of eligibility 15 
as those receiving assistance under the federal temporary assistance for 16  Bill No. 6629 
 
 
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needy families program. Under the temporary family assistance 17 
program, benefits shall be provided to a family for not longer than 18 
[twenty-one] sixty months, except as provided in [subsections (b) and 19 
(c)] subsection (b) of this section. [For the purpose of calculating said 20 
twenty-one-month time limit, months of assistance received on and 21 
after January 1, 1996, pursuant to time limits under the aid to families 22 
with dependent children program, shall be included.] For purposes of 23 
this section, "family" means one or more individuals who apply for or 24 
receive assistance together under the temporary family assistance 25 
program. If the commissioner determines that federal law allows 26 
individuals not otherwise in an eligible covered group for the 27 
temporary family assistance program to become covered, such family 28 
may also, at the discretion of the commissioner, be composed of (1) a 29 
pregnant woman, or (2) a parent, both parents or other caretaker 30 
relative and at least one child who is under the age of eighteen, or who 31 
is under the age of nineteen and a full-time student in a secondary 32 
school or its equivalent. A caretaker relative shall be related to the 33 
child or children by blood, marriage or adoption or shall be the legal 34 
guardian of such a child or pursuing legal proceedings necessary to 35 
achieve guardianship. If the commissioner elects to allow state 36 
eligibility consistent with any change in federal law, the commissioner 37 
may administratively transfer any qualifying family cases under the 38 
cash assistance portion of the state-administered general assistance 39 
program to the temporary family assistance program without regard 40 
to usual eligibility and enrollment procedures. If such families become 41 
an ineligible coverage group under the federal law, the commissioner 42 
shall administratively transfer such families back to the cash assistance 43 
portion of the state-administered general assistance program without 44 
regard to usual eligibility and enrollment procedures to the degree that 45 
such families are eligible for the state program. For the purpose of 46 
calculating said sixty-month time 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  Bill No. 6629 
 
 
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(B) A month shall count toward the limit if the family receives 51 
assistance for any day of the month, provided any months of 52 
temporary family assistance received during the public health 53 
emergency declared by Governor Ned Lamont related to the COVID-54 
19 pandemic shall not 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 62 
other nonexempt caretaker relative in the household; (2) a family with 63 
a needy caretaker relative who is needed in the home because of the 64 
incapacity of another member of the household, if there is no other 65 
nonexempt caretaker relative in the household; (3) a family with a 66 
caretaker relative who is not legally responsible for the dependent 67 
children in the household if such relative's needs are not considered in 68 
calculating the amount of the benefit and there is no other nonexempt 69 
caretaker relative in the household; (4) a family with a caretaker 70 
relative caring for a child who is under one year of age if there is no 71 
other nonexempt caretaker relative in the household; (5) a family with 72 
a pregnant or postpartum caretaker relative if a physician has 73 
indicated that such relative is unable to work and there is no other 74 
nonexempt caretaker relative in the household; (6) a family with a 75 
caretaker relative determined by the commissioner to be unemployable 76 
and there is no other nonexempt caretaker relative in the household; 77 
[and] (7) minor parents attending and satisfactorily completing high 78 
school or high school equivalency programs; and (8) a family that has 79 
encountered circumstances preventing employment, including, but not 80 
limited to, (A) domestic violence, as defined in Section 402(a)(7)(B), 81 
P.L. 104-193, or physical harm to such family's children; or (B) other 82 
circumstances beyond such family's control. 83  Bill No. 6629 
 
 
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[(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: 90 
(1) 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 95 
the 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 105 
(D) the adult is employed and works less than thirty-five hours per 106 
week due to (i) a documented medical impairment that limits the 107 
adult's hours of employment, provided the adult works the maximum 108 
number of hours that the medical condition permits, or (ii) the need to 109 
care for a disabled member of the adult's household, provided the 110 
adult works the maximum number of hours the adult's caregiving 111 
responsibilities permit. Families receiving temporary family assistance 112 
shall be notified by the department of the right to petition for such 113 
extensions. Notwithstanding the provisions of this section, the 114 
commissioner shall not provide benefits under the state's temporary 115 
family assistance program to a family that is subject to the twenty-one 116 
month benefit limit and has received benefits beginning on or after 117 
October 1, 1996, if such benefits result in that family's receiving more 118  Bill No. 6629 
 
 
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than sixty months of time-limited benefits unless that family 119 
experiences domestic violence, as defined in Section 402(a)(7)(B), P.L. 120 
104-193. For the purpose of calculating said sixty-month limit: (I) A 121 
month shall count toward the limit if the family receives assistance for 122 
any day of the month, provided any months of temporary family 123 
assistance received during the public health emergency declared by 124 
Governor Ned Lamont related to the COVID-19 pandemic shall not be 125 
included, and (II) a month in which a family receives temporary 126 
assistance for needy families benefits that are issued from a jurisdiction 127 
other than Connecticut shall count toward the limit.] 128 
[(d)] (c) Under said program, no family shall be eligible that has 129 
total gross earnings exceeding the federal poverty level, however, in 130 
the calculation of the benefit amount for eligible families and 131 
previously eligible families that become ineligible temporarily because 132 
of receipt of workers' compensation benefits by a family member who 133 
subsequently returns to work immediately after the period of receipt of 134 
such benefits, earned income shall be disregarded up to the federal 135 
poverty level. [Except when determining eligibility for a six-month 136 
extension of benefits pursuant to subsection (c) of this section, the] For 137 
a family that would lose eligibility due to new employment with 138 
earnings exceeding the federal poverty level, the commissioner shall 139 
gradually reduce benefits over a period of ninety days prior to the date 140 
on which the family is no longer eligible for benefits under the 141 
program. The commissioner shall disregard ninety dollars of earned 142 
income in determining applicable family income. The commissioner 143 
shall disregard the first fifty dollars per month of income attributable 144 
to current child support that a family receives in determining 145 
eligibility and benefit levels for temporary family assistance. Any 146 
current child support in excess of fifty dollars per month collected by 147 
the department on behalf of an eligible child shall be considered in 148 
determining eligibility but shall not be considered when calculating 149 
benefits and shall be taken as reimbursement for assistance paid under 150 
this section, except that when the current child support collected 151 
exceeds the family's monthly award of temporary family assistance 152  Bill No. 6629 
 
 
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benefits plus fifty dollars, the current child support shall be paid to the 153 
family and shall be 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 156 
Social Security Act. A family shall be ineligible for benefits for failure 157 
to cooperate with child support enforcement. 158 
[(f)] (e) A family leaving assistance at the end of [(1) said twenty-159 
one- month time limit, including a family with income above the 160 
payment standard, or (2)] the sixty-month limit, including a family 161 
with income above the payment standard, shall have an interview for 162 
the purpose of being informed of services that may continue to be 163 
available to such family, including employment services available 164 
through the Labor Department. Such interview shall include (A) a 165 
determination of benefits available to the family provided by the 166 
Department of Social Services; and (B) a determination of whether 167 
such family is eligible for supplemental nutrition assistance or 168 
Medicaid. Information and referrals shall be made to such a family for 169 
services and benefits including, but not limited to, the earned income 170 
tax credit, rental subsidies emergency housing, employment services 171 
and energy 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 175 
the most recent percentage increase in the consumer price index for 176 
urban 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  Bill No. 6629 
 
 
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[(h)] (g) An applicant or recipient of temporary family assistance 185 
who 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 190 
1, 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)] 196 
(d) of section 17b-112, as amended by this act. Such an applicant or 197 
recipient may, for good cause, be granted an [extension of cash 198 
assistance beyond twenty-one months] exemption from the sixty-199 
month time limit for temporary family assistance, pursuant to section 200 
17b-112, as amended by this act, provided the domestic violence 201 
experienced is of sufficient magnitude to reasonably render the 202 
individual unable to obtain or 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 206 
services 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 214 
to seek and maintain employment but have not been able to do so or 215 
be at risk of failing to complete the employment services program; or 216  Bill No. 6629 
 
 
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(3) have exhausted their eligibility for temporary family assistance 217 
program benefits. [; or (4) not be eligible for six-month extensions of 218 
temporary family assistance benefits due to: (A) The receipt of two 219 
sanctions from the department during the first twenty months of the 220 
twenty-one-month time limit of said temporary family assistance 221 
program; or (B) the determination by the department that such a 222 
family has not made a good faith effort to seek and maintain 223 
employment.] 224 
(b) Said safety net shall consist of services provided through the 225 
existing community service delivery network with additional 226 
resources provided by the Department of Social Services. Services shall 227 
be provided in-kind or through vendor or voucher payment. Services 228 
may include the following: (1) Food, shelter, clothing and employment 229 
assistance; (2) eviction prevention; (3) an in-depth family needs 230 
assessment; (4) intensive case management that includes visits to the 231 
family's home; (5) continuous monitoring for child abuse or neglect; 232 
and (6) for families at risk of losing benefits under the temporary 233 
family assistance program, individual performance contracts 234 
administered by the Labor Department that require job training, job 235 
searching, volunteer work, participation in parenting programs or 236 
counseling or any other requirements deemed necessary by the Labor 237 
Commissioner. 238 
[(c) Families successfully meeting the program requirements 239 
established by the individual performance contracts in subdivision (6) 240 
of subsection (b) of this section prior to the end of the twenty-one-241 
month time limit shall be considered to have made a good faith effort 242 
to comply with the requirements of the program for the purposes of 243 
qualifying for a six-month extension, provided they have made a good 244 
faith effort to comply with the individual performance contract or have 245 
not incurred a sanction subsequent to completing the individual 246 
performance contract.] 247 
[(d)] (c) The Commissioner of Social Services shall implement 248 
policies and procedures necessary for the purposes of this section 249  Bill No. 6629 
 
 
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while in the process of adopting such policies and procedures in 250 
regulation form, provided the commissioner [prints] posts notice of 251 
intention to adopt the regulations [in the Connecticut Law Journal 252 
within twenty days of] on the eRegulations System and the 253 
department's Internet web site not later than twenty days after 254 
implementing such policies and procedures. Policies and procedures 255 
implemented pursuant to this subsection shall be valid until the time 256 
final regulations are effective.  257 
Sec. 4. Subsection (d) of section 17b-112g of the general statutes is 258 
repealed and the following is substituted in lieu thereof (Effective July 259 
1, 2023): 260 
(d) A family receiving diversion assistance shall be ineligible to 261 
receive monthly temporary family assistance payments for a period of 262 
three months from the date of application for temporary family 263 
assistance, except that such family shall be eligible to receive 264 
temporary family assistance payments within such period if the 265 
Commissioner of Social Services, or the commissioner's designee, in 266 
the commissioner's sole discretion, determines that the family has 267 
experienced undue hardship. A family that is subject to the [twenty-268 
one-month] sixty-month benefit limit under temporary family 269 
assistance shall have diversion assistance count as three months 270 
toward such limit. [Nothing in this section shall prohibit a family 271 
receiving diversion assistance that later qualifies for temporary family 272 
assistance from qualifying for a six-month extension available to 273 
recipients of temporary family assistance who did not receive 274 
diversion assistance.] 275 
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) 
  Bill No. 6629 
 
 
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HS Joint Favorable C/R 	APP