HLS 13RS-854 REENGROSSED
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are additions.
Regular Session, 2013
HOUSE BILL NO. 525
BY REPRESENTATIVE HARRIS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
TANF: Revises provisions relative to aid to needy families and employment services for
TANF cash assistance recipients
AN ACT1
To amend and reenact R.S. 46:230.1(C), 231(4)(introductory paragraph) and (b),2
231.2(A)(2), and 231.6(C), to enact R.S. 46:231.12 and 460.6(F), and to repeal R.S.3
46:231(13), 231.3, 231.6(D) and (E), 231.7 through 231.11, and 460.8(C), relative4
to aid to needy families; to provide for definitions; to provide eligibility conditions5
for the cash assistance program; to provide for employment services for cash6
assistance recipients; to provide for contingency of certain services upon7
appropriation; to provide for promulgation of rules; and to provide for related8
matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 46:230.1(C), 231(4)(introductory paragraph) and (b), 231.2(A)(2),11
and 231.6(C) are hereby amended and reenacted and R.S. 46:231.12 and 460.6(F) are hereby12
enacted to read as follows:13
§230.1. Legislative intent14
* * *15
C. The Louisiana Workforce Investment Council Commission shall work16
with the department to enhance program effectiveness of ongoing services on a17
continual basis.18 HLS 13RS-854 REENGROSSED
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§231. Aid to needy families; definitions1
As used in this Subpart, unless the context clearly requires otherwise:2
* * *3
(4) "Dependent child", in accordance with federal law and regulations4
relative to the TANF program, shall mean a needy child who meets all of the5
following criteria:6
* * *7
(b) The child is living with his father, mother, stepfather, stepmother, or8
other relative, within fifth degree, in a place of residence maintained by one or more9
of such relatives as his or their own home. For the purposes of this Subpart, all such10
relatives persons shall qualify as such be deemed as relatives, whether the their11
relationship to the dependent child was acquired by adoption, marriage, or birth, and12
neither divorce nor death shall terminate such relationship.13
* * *14
§231.2. Family Independence Temporary Assistance Program; benefits; eligibility15
A.16
* * *17
(2) FITAP assistance shall include:18
(a) Money payments, to meet the needs of the relative who resides with a19
dependent child and the relative's spouse if the spouse resides with such child and20
is the child's parent.21
(b) Money payments with respect to any money payments to meet the needs22
of a dependent child, including payments to meet the needs of the father, mother,23
stepfather, stepmother, or other relative, the relative's spouse with whom such child24
is living, and the needs of any other individual living in the same home if such needs25
are taken into account in making the determination of eligibility.26
* * *27
§231.6. Termination of eligibility; twenty-four-month limit; refusal of employment28
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C. All work-eligible families receiving FITAP benefits will receive on-going1
intensive case management including monthly contact with those engaged in a work2
activity. The on-going intensive case management services will be provided to3
work-eligible families by the Department of Children and Family Services and other4
TANF partner agencies, in accordance with R.S. 46:231.7, to develop and comply5
with Family Success Agreements. The Family Success Agreement is the mutually6
developed contract between a FITAP recipient, on behalf of their family, and the7
department that sets forth mutual and time-bound responsibilities, expectations,8
activities, and goals designed to transition a participant from welfare to9
self-sufficiency. The Family Success Agreement shall be reviewed every six10
months. Failure to comply with the Family Success Agreement shall result in11
sanctions imposed upon the family in accordance with R.S. 46:231.7. The secretary12
of the department may promulgate rules and regulations which establish exceptions13
to the time limitations provided in this Section to the extent that funds are available14
for this purpose; however, any such exception shall be contingent upon the recipient15
maintaining compliance with the STEP Family Success Agreement pursuant to R.S.16
46:231.12.17
§231.12. Employment, education, and related services for FITAP participants;18
responsibilities of the secretary, agencies, and participants19
A.(1) The department shall develop and implement STEP as the employment20
program for work-eligible recipients of cash assistance in accordance with the21
provisions of the Federal Welfare Reform Act. The Louisiana Workforce22
Commission shall collaborate with the department to identify and coordinate23
employment services for the program. The Louisiana Workforce Commission and24
the department shall report to the House and Senate committees on health and25
welfare on the progress of the plan within one year of the implementation of the plan.26
(2) The employment services provided for in this Subsection shall be27
delivered pursuant to performance-based contracts between the department and the28 HLS 13RS-854 REENGROSSED
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Louisiana Workforce Commission, other government agencies, or any community1
partner. The services may include, but shall not be limited to the following:2
(a) Job readiness, job preparation, and job search.3
(b) Workplace literacy and related assessments.4
(c) Applicable skill-based training, employer-based training, and other5
employment activities designed to meet the needs of Louisiana employers with a6
preference towards demand occupations.7
(d) Temporary and permanent job placements.8
(e) Subsidized employment services.9
(f) On-the-job training.10
B. In order to receive cash assistance, an applicant who is work eligible as11
defined in R.S. 46:231 shall fulfill each requirement set forth in his Family Success12
Agreement and shall participate in the employment program provided for in13
Subsection A of this Section.14
C. Prior to receipt of cash assistance, a work eligible participant shall be15
notified in writing of program expectations and participant responsibilities. When16
possible, notification may be delivered via email or other electronic means, and17
notification delivered in this manner shall be deemed to satisfy the written18
notification requirement established in this Subsection.19
D. Within the limits of appropriation therefor, the secretary shall establish20
and administer STEP, which shall include the allowable work activities as provided21
in the Federal Welfare Reform Act, for work eligible recipients of FITAP.22
E. The secretary shall provide workers' compensation and liability insurance23
coverage for participants engaged in work experience or community service24
activities.25
F. Subject to appropriation, the department may provide support services and26
transitional services to facilitate progress by FITAP recipients toward self27
sufficiency and sustainable employment.28 HLS 13RS-854 REENGROSSED
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G. The secretary shall promulgate in accordance with the Administrative1
Procedure Act any rules necessary to implement the provisions of this Section.2
* * *3
§460.6. Individual development account4
* * *5
F. The department may administer an individual development account6
program as provided in this Section contingent upon the availability of funding to do7
so.8
Section 2. R.S. 46:231(13), 231.3, 231.6(D) and (E), 231.7 through 231.11, and9
460.8(C) are hereby repealed in their entirety.10
Section 3. This Act shall become effective upon signature by the governor or, if not11
signed by the governor, upon expiration of the time for bills to become law without signature12
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If13
vetoed by the governor and subsequently approved by the legislature, this Act shall become14
effective on the day following such approval.15
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Harris HB No. 525
Abstract: Revises provisions relative to aid to needy families and employment services for
TANF cash assistance recipients.
Present law provides for services of the federal Temporary Assistance for Needy Families
(TANF) block grant program (successor to the Aid to Families with Dependent Children
program) to be coordinated at the state level by DCFS. Proposed law retains present law
providing for the following:
(1)TANF-funded cash assistance known as the Family Independence Temporary
Assistance Program (FITAP)
(2)Employment and job training services for FITAP recipients known as the Strategies
to Empower People (STEP) program.
(3)A contract between a FITAP recipient and DCFS known as a "Family Success
Agreement" that sets forth responsibilities, expectations, activities, and goals
designed to transition the recipient from welfare to self-sufficiency. HLS 13RS-854 REENGROSSED
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are additions.
Present law designates the La. Workforce Investment Council as the state partner of DCFS
for TANF employment and job training services. Proposed law revises present law to
designate the La. Workforce Commission as the state partner of DCFS for such services.
Present law defines "dependent child", for purposes of present law, in part as a needy child
who is living with his father, mother, or other relative, within fifth degree, in a place of
residence maintained by one or more of such relatives as his or their own home. Proposed
law adds a stepfather and a stepmother as relatives within this definition in conformance
with federal law providing for the TANF program. Further, proposed law adds marriage as
a condition under which persons may acquire a relationship to a child and be deemed as a
"relative" for the purposes of proposed law and present law, which provides only adoption
and birth as such conditions.
Proposed law deletes all of the following from present law:
(1)Provisions for ongoing intensive case management by DCFS including a requirement
that the department review the Family Success Agreement every six months.
(2)Provisions requiring DCFS to implement a "Transition Assessment Plan" for
recipients who are within six months of an expected cessation of FITAP cash
assistance, for reasons other than noncompliance with program requirements, to
assist in their transition from FITAP recipience.
(3)Provisions relative to evaluation, screening, and comprehensive employability
assessments for FITAP applicants.
(4)Provisions authorizing DCFS to establish procedures which allow FITAP
participants to bring grievances and appeal decisions of the department concerning
the program.
(5)Provisions relative to the program known as "FIND Work" which was succeeded by
the STEP program.
(6)Provisions authorizing DCFS to promulgate rules requiring each housing authority
of the state created by or pursuant to present law to establish councils or committees
to implement programs for tenants to participate in work experience activities
designed to provide maintenance and upkeep of housing units managed by the
housing authority, contingent upon appropriation of funds for such purpose.
(7)Provisions requiring DCFS, to the extent that appropriations are available, to
coordinate supportive services for FITAP recipients and to inform those recipients
of other available assistance including but not limited to the following:
(a)Medicaid.
(b)Food stamps (now known as the Supplemental Nutrition Assistance
Program).
(c)Child care programs.
(d)Transportation services.
(e)La. Children's Health Insurance Program.
(f)Earned Income Tax Credit.
(g)TANF-funded initiatives to support self-sufficiency. HLS 13RS-854 REENGROSSED
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Proposed law revises present law relative to employment and job training services for FITAP
recipients in the following manner:
(1)Adds requirement that the La. Workforce Commission and DCFS shall report to the
legislative committees on health and welfare on the progress of the plan within one
year of the implementation of the plan.
(2)Adds provision stipulating that employment and job training services be delivered
pursuant to performance-based contracts between DCFS and the La. Workforce
Commission, other government agencies, or any community partner.
(3)Adds temporary and permanent job placements, subsidized employment services,
and on-the-job training as employment services which may be offered by the STEP
program.
(4)Deletes requirement that the DCFS state partner for TANF employment and job
training services coordinate service delivery, to the extent possible and when
applicable, with the following entities:
(a)One-stop services centers of the La. Workforce Commission.
(b)La. Community and Technical College System.
(c)Adult literacy programs of DOE.
(d)Community-based organizations.
(5)Adds provision authorizing the use of e-mail communication, when possible, as an
acceptable method for providing required written notification of Family Success
Agreement contractual obligations to FITAP recipients.
(6)Deletes numerous detailed provisions relating to FITAP work requirements, client
employability assessment, intermediate client monitoring, exceptions, and sanctions;
adds a simplified provision stipulating that the FITAP recipient must comply with
his Family Success Agreement and the work requirements of proposed law in order
to continue receiving cash assistance.
Proposed law revises present law providing for a TANF-funded individual development
account matched-savings program to stipulate that administration of such program is
contingent upon availability of funding.
Proposed law deletes certain date-specific provisions of present law which have expired
relative to federal waiver applications and promulgation of rules by the DCFS secretary.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 46:230.1(C), 231(4)(intro. para.) and (b), 231.2(A)(2), and 231.6(C); Adds
R.S. 46:231.12 and 460.6(F); Repeals R.S. 46:231(13), 231.3, 231.6(D) and (E), 231.7-
231.11, and 460.8(C)) HLS 13RS-854 REENGROSSED
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Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Health and Welfare to the
original bill.
1. In proposed law designating the La. Workforce Commission and community
partners as entities with which DCFS may contract for employment services for
the STEP program, added "other government agencies" as entities with which
DCFS may contract for such services.
2. Changed a requirement that the STEP program include certain specified
employment services to an authorization for the program to offer those specified
services.
House Floor Amendments to the engrossed bill.
1. Added requirement that the La. Workforce Commission and DCFS shall report
to the legislative committees on health and welfare on the progress of the plan
within one year of the implementation of the plan.
2. In provisions stipulating that certain persons, including fathers, mothers,
stepfathers, and stepmothers, shall be deemed as "relatives" for the purposes of
present law and proposed law whether their relationship to the child was acquired
by adoption or birth, added marriage as a condition under which such persons
may acquire a relationship to a child and be deemed as a relative.
3. Made technical change to relocate new Section of proposed law.