District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill PR25-0969 Compare Versions

Only one version of the bill is available at this time.

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45	45	2
46	46	3
47	47	at the request of the Mayor
48	48	4
49	49	5
50	50	6 A PROPOSED RESOLUTION
51	51	7
52	52	8
53	53	9
54	54	10 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
55	55	11
56	56	12
57	57	13
58	58	14 To approve a proposed final rulemaking amending Chapter 68 of Title 29 of the District of
59	59	15 Columbia Municipal Regulations, regarding the Grandparent Caregivers Pilot Program.
60	60	16
61	61	17
62	62	RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
63	63	18 resolution may be cited as the "Grandparent Caregivers Eligibility Determination Rules
64	64	19 Approval Resolution of 2024".
65	65	20 Sec.
66	66	2. Pursuant to section 106 of the Grandparent Caregivers Pilot Program
67	67	21 Establishment Act of 2005, effective March 8, 2006 (D.C. Law 16-69; D.C. Official Code§ 4-
68	68	22 251.06), the Council approves the proposed final rulemaking of the Director of the Child and
69	69	23 Family Services Agency to amend section 6802.1 of Chapter 68 (Grandparent Caregivers Pilot
70	70	24 Program Subsidies)
71	71	of Title 29 (Public Welfare) of the District of Columbia Municipal
72	72	25 Regulations regarding the Grandparent Caregivers Pilot Program, which was transmitted to the
73	73	26 Council by the Mayor on September 25, 2024, and a notice
74	74	of proposed rulemaking for which
75	75	27 was published in the District
76	76	of Columbia Register on May 31, 2024, at 71 DCR 6500.
77	77	28 Sec. 3. Transmittal.
78	78	29 The Council shall transmit a copy
79	79	of this resolution, upon its adoption, to the Mayor, the
80	80	30 Director of the Child and Family Services Agency, and the Administrator of the Office of
81	81	31 Documents and Administrative Issuances.
82	82	1 2
83	83
84	84	Sec. 4. Fiscal impact statement. 32
85	85	The Council adopts the fiscal impact statement of the Chief Financial Officer as the fiscal 33
86	86	impact statement required by section 4a of the General Legislative Procedures Act of 1975, 34
87	87	approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1- 301.47a). 35
88	88	Sec. 5. Effective date. 36
89	89	This resolution shall take effect immediately. 37 1
90	90
91	91	CHILD AND FAMILY SERVICES AGENCY
92	92
93	93	NOTICE OF PROPOSED RULEMAKING
94	94
95	95	The Director of the Child and Family Services Agency, pursuant to the authority set forth in sections
96	96	102 and 106 of the Grandparent Caregivers Pilot Program Establishment Act of 2005, effective March
97	97	8, 2006 (D.C. Law 16- 69; D.C. Official Code §§ 4-251.02, 4-251.06) (“Act”), and Mayor’s Order
98	98	2006-38, dated March 20, 2006, hereby gives notice of his intent to adopt the following amendments
99	99	to Chapter 68 (Grandparent Caregivers Pilot Program Subsidies) of Title 29 (Public Welfare) of the
100	100	District of Columbia Municipal Regulations (“DCMR”) in not less than thirty (30) days after the date
101	101	of publication of this notice in the District of Columbia Register, and following the review by the
102	102	Council of the District of Columbia (“Council”) as required by section 106 of the Act. Pursuant to
103	103	that section, the proposed rules will be transmitted to the Council and will be deemed approved upon
104	104	the Council’s approval of the rules by resolution or the expiration of the Council’s thirty (30) day
105	105	review period, whichever occurs first.
106	106
107	107	The proposed amendment eliminates the requirement that an applicant to the Grandparent Caregivers
108	108	Pilot Program receive a Temporary Assistance for Needy Families (“TANF ”) determination for the
109	109	child for whom the applicant is the primary caregiver as a condition of eligibility to receive a subsidy
110	110	through the program. CFSA anticipates that eliminating this requirement will reduce the time it takes
111	111	for applicants to submit a completed application and receive a subsidy if eligible and approved.
112	112	Applicants will still be required to have applied for TANF benefits for the child as a condition of
113	113	eligibility.
114	114
115	115	Title 29, PUBLIC WELFARE , of the DCMR is amended as follows:
116	116
117	117	Chapter 68, GRANDPARENT CAREGIVERS PILOT PROGRAM SUBSI DIES, is
118	118	amended as follows:
119	119
120	120	Subsection 6802.1(i) is amended to read as follows:
121	121
122	122	(i) The applicant has applied for Temporary Assistance for Needy Families (TANF)
123	123	benefits for the child through the Department of Human Services;
124	124
125	125
126	126	All persons desiring to comment on the subject matter of this proposed rulemaking should file
127	127	comments in writing within thirty (30) days after the date of publication of this notice in the
128	128	District of Columbia Register. Comments should be filed with Nina Jones, General Counsel, Child
129	129	and Family Services Agency, by mail or hand delivery to 200 I Street, SE Washington, DC 20003
130	130	or by email to nina.jones@dc.gov or online at www.dcregs.dc.gov. Copies of these proposed rules
131	131	may be obtained without charge at the address above or online at www.dcregs.dc.gov. 1
132	132
133	133	CHILD AND FAMILY SERVICES AGENCY
134	134
135	135	NOTICE OF FINAL RULEMAKING
136	136	as submitted to the Council for its approval pursuant to section 106 of the Grandparent
137	137	Caregivers Pilot Program Establishment Act of 2005, effective March 8, 2006
138	138	(D.C. Law 16- 69; D.C. Official Code § 4- 251.06)
139	139
140	140	The Director of the Child and Family Services Agency, pursuant to the authority set forth in
141	141	sections 102 and 106 of the Grandparent Caregivers Pilot Program Establishment Act of 2005,
142	142	effective March 8, 2006 (D.C. Law 16-69; D.C. Official Code §§ 4-251.02, 4-251.06) (“Act”),
143	143	and Mayor’s Order 2006-38, dated March 20, 2006, hereby gives notice of his adoption of the
144	144	following amendment to Chapter 68 (Grandparent Caregivers Pilot Program Subsidies) of Title 29
145	145	(Public Welfare) of the District of Columbia Municipal Regulations ( “DCMR”).
146	146
147	147	The amendment eliminates the requirement that an applicant to the Grandparent Caregivers Pilot
148	148	Program receive a Temporary Assistance for Needy Families (“TANF ”) determination for the
149	149	child for whom the applicant is the primary caregiver as a condition of eligibility to receive a
150	150	subsidy through the program. CFSA anticipates that eliminating this requirement will reduce the
151	151	time it takes for applicants to submit a completed application and receive a subsidy if eligible and
152	152	approved. Applicants will still be required to have applied for TANF benefits for the child as a
153	153	condition of eligibility.
154	154
155	155	A Notice of Proposed Rulemaking was published in the District of Columbia Register on May 31,
156	156	2024, at 71 DCR 6500. No comments were received. A proposed final rulemaking was
157	157	transmitted to the Council for its approval in accordance with section 106 of the Grandparent
158	158	Caregivers Pilot Program Establishment Act of 2005, effective March 8, 2006 (D.C. Law 16- 69;
159	159	D.C. Official Code § 4-251.06), pursuant to the Grandparent Caregivers Eligibility Determination
160	160	Rules Approval Resolution of 2024, introduced on ------ (Proposed Res. 25---- ). The resolution
161	161	was deemed approved by the Council on -------, 2024.
162	162
163	163	The Director of the Child and Family Services Agency adopted this rule as final on [date]. N o
164	164	changes were made to the text of the rule as proposed.
165	165
166	166	The rule shall become effective on the date of publication of this notice in the District of Columbia
167	167	Register.
168	168
169	169	Title 29, PUBLIC WELFARE , of the DCMR is amended as follows:
170	170
171	171	Chapter 68, GRANDPARENT CAREGIVERS PILOT PROGRAM SUBSI DIES, is
172	172	amended as follows:
173	173
174	174	Subsection 6802.1(i) is amended to read as follows:
175	175
176	176	(i) The applicant has applied for Temporary Assistance for Needy Families (TANF)
177	177	benefits for the child through the Department of Human Services;
178	178	Government of the District of Columbia
179	179	Office of the Chief Financial Officer
180	180
181	181	Glen Lee
182	182	Chief Financial Officer
183	183
184	184
185	185
186	186
187	187
188	188	1350 Pennsylvania Avenue, NW, Suite 203, Washington, DC 20004 (202)727-2476
189	189	www.cfo.dc.gov
190	190	MEMORANDUM
191	191
192	192	TO: The Honorable Phil Mendelson
193	193	Chairman, Council of the District of Columbia
194	194
195	195	FROM: Glen Lee
196	196	Chief Financial Officer
197	197
198	198	DATE: June 28, 2024
199	199
200	200	SUBJECT: Fiscal Impact Statement – Grandparent Caregivers Eligibility
201	201	Determination Rules Approval Resolution of 2024
202	202
203	203	REFERENCE: Draft Resolution as provided to the Office of Revenue Analysis on May
204	204	22, 2024
205	205
206	206
207	207	Conclusion
208	208
209	209	Funds are sufficient in the proposed fiscal year 2025 through fiscal year 2028 budget and financial
210	210	plan to implement the resolution.
211	211
212	212	Background
213	213
214	214	Under current regulations, an applicant to the Child and Family Services Administration Grandparent
215	215	Caregivers Pilot Program
216	216	1 (“Program”) must obtain a Temporary Assistance for Needy Families
217	217	(TANF) eligibility determination for the child at the time of application to the Program.
218	218
219	219	The resolution approves a proposed rulemaking
220	220	2 eliminating this requirement. However, applicants
221	221	will still be required to apply for TANF as a condition of ongoing Program eligibility.
222	222
223	223	Financial Plan Impact
224	224
225	225	Funds are sufficient in the proposed fiscal year 2025 through fiscal year 2028 budget and financial
226	226	plan to implement the resolution. Program spending cannot exceed budgeted levels. The rule change
227	227	will allow new participants to begin receiving benefits earlier, but it is not expected to change overall
228	228
229	229	1
230	230	D.C. Official Code § 4-251.02.
231	231	2
232	232	29 DCMR 6802.1 Grandparent Caregivers Pilot Program Subsidies Proposed Rulemaking, May 17, 2024. The Honorable Phil Mendelson
233	233	FIS: “Grandparent Caregivers Eligibility Determination Rules Approval Resolution of 2024”, Draft resolution
234	234	as provided to the Office of Revenue Analysis on May 22, 2024.
235	235	Page 2 of 2
236	236
237	237	participation. It is possible a determination for TANF could be denied after a Program applicant has
238	238	begun receiving benefits, but it is expected this will be a rare circumstance. 1350 Pennsylvania Avenue, N.W., Suite 409, Washington, D.C. 20004 Phone (202) 724-5524 Email: megan.browder@dc.gov
239	239
240	240
241	241	GOVERNMENT OF THE DISTRICT OF COLUMBIA
242	242	OFFICE OF THE ATTORNEY GENERAL
243	243
244	244
245	245
246	246
247	247
248	248
249	249	Legal Counsel Division
250	250
251	251
252	252	MEMORANDUM
253	253	TO: Tomás Talamante
254	254	Director
255	255	Office of Policy and Legislative Affairs
256	256	FROM: Megan D. Browder
257	257	Deputy Attorney General
258	258	Legal Counsel Division DATE: July 23, 2024 RE: Grandparent Caregivers Eligibility Determination Rules Approval Resolution of
259	259	2024
260	260	(AE-24-349)
261	261	_____________________________________________________________________________________
262	262	This is to Certify that the Office of the Attorney General has reviewed the
263	263	legislation entitled the “Grandparent Caregivers Eligibility Determination Rule s Approval
264	264	Resolution of 2024” and determined that it is legally sufficient. If you have any questions, please do
265	265	not hesitate to call me at (202) 724-5524. _________________________________ Megan D. Browder
266	266