LCO 3905 \\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06629-R01- HB.docx 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 Section 17b-112 of the general statutes is repealed and the 1 following is substituted in lieu thereof (Effective July 1, 2023): 2 (a) The Department of Social Services shall administer a temporary 3 family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 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 LCO 3905 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06629- R01-HB.docx } 2 of 10 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 LCO 3905 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06629- R01-HB.docx } 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 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 LCO 3905 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06629- R01-HB.docx } 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: 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 LCO 3905 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06629- R01-HB.docx } 5 of 10 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 LCO 3905 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06629- R01-HB.docx } 6 of 10 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 LCO 3905 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06629- R01-HB.docx } 7 of 10 [(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 LCO 3905 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06629- R01-HB.docx } 8 of 10 (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 LCO 3905 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06629- R01-HB.docx } 9 of 10 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 LCO 3905 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06629- R01-HB.docx } 10 of 10 HS Joint Favorable C/R APP