ENROLLED Page 1 of 5 CODING: Words in struck through type are deletions from existing law; words underscored are additions. ACT No. 285 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. AN ACT1 To amend and reenact R.S. 46:230.1(C), 231(4)(introductory paragraph) and (b) and (14),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) and (14),11 231.2(A)(2), and 231.6(C) are hereby amended and reenacted and R.S. 46:231.12 and12 460.6(F) are hereby 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 §231. Aid to needy families; definitions19 As used in this Subpart, unless the context clearly requires otherwise:20 * * *21 ENROLLEDHB NO. 525 Page 2 of 5 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (4) "Dependent child", in accordance with federal law and regulations1 relative to the TANF program, shall mean a needy child who meets all of the2 following criteria:3 * * *4 (b) The child is living with his father, mother, stepfather, stepmother, or5 other relative, within fifth degree, in a place of residence maintained by one or more6 of such relatives as his or their own home. For the purposes of this Subpart, all such7 relatives persons shall qualify as such be deemed as relatives, whether the their8 relationship to the dependent child was acquired by adoption, marriage, or birth, and9 neither divorce nor death shall terminate such relationship.10 * * *11 (14) "Work eligible" "Work-eligible" means refers to families containing an12 adult under sixty years of age, or teen head of household, that is not disabled,13 incapacitated, or caring for a family member who is disabled or incapacitated as14 documented by a medical expert to which the status of disability is clearly15 established and explained. "Work-eligible" also excludes cases in which only the16 child portion of need that is unrelated to a sanction or penalty, known as a child-only17 case, is considered in determining eligibility.18 * * *19 §231.2. Family Independence Temporary Assistance Program; benefits; eligibility20 A.21 * * *22 (2) FITAP assistance shall include:23 (a) Money payments, to meet the needs of the relative who resides with a24 dependent child and the relative's spouse if the spouse resides with such child and25 is the child's parent.26 (b) Money payments with respect to any money payments to meet the needs27 of a dependent child, including payments to meet the needs of the father, mother,28 stepfather, stepmother, or other relative, the relative's spouse with whom such child29 ENROLLEDHB NO. 525 Page 3 of 5 CODING: Words in struck through type are deletions from existing law; words underscored are additions. is living, and the needs of any other individual living in the same home if such needs1 are taken into account in making the determination of eligibility.2 * * *3 §231.6. Termination of eligibility; twenty-four-month limit; refusal of employment4 * * *5 C. All work-eligible families receiving FITAP benefits will receive on-going6 intensive case management including monthly contact with those engaged in a work7 activity. The on-going intensive case management services will be provided to8 work-eligible families by the Department of Children and Family Services and other9 TANF partner agencies, in accordance with R.S. 46:231.7, to develop and comply10 with Family Success Agreements. The Family Success Agreement is the mutually11 developed contract between a FITAP recipient, on behalf of their family, and the12 department that sets forth mutual and time-bound responsibilities, expectations,13 activities, and goals designed to transition a participant from welfare to14 self-sufficiency. The Family Success Agreement shall be reviewed every six15 months. Failure to comply with the Family Success Agreement shall result in16 sanctions imposed upon the family in accordance with R.S. 46:231.7. The secretary17 of the department may promulgate rules and regulations which establish exceptions18 to the time limitations provided in this Section to the extent that funds are available19 for this purpose; however, any such exception shall be contingent upon the recipient20 maintaining compliance with the STEP Family Success Agreement pursuant to R.S.21 46:231.12.22 §231.12. Employment, education, and related services for FITAP participants;23 responsibilities of the secretary, agencies, and participants24 A.(1) The department shall develop and implement STEP as the employment25 program for work-eligible recipients of cash assistance in accordance with the26 provisions of the Federal Welfare Reform Act. The Louisiana Workforce27 Commission shall collaborate with the department to identify and coordinate28 employment services for the program. The Louisiana Workforce Commission and29 ENROLLEDHB NO. 525 Page 4 of 5 CODING: Words in struck through type are deletions from existing law; words underscored are additions. the department shall report to the House and Senate committees on health and1 welfare on the progress of the plan within one year of the implementation of the plan.2 (2) The employment services provided for in this Subsection shall be3 delivered pursuant to performance-based contracts between the department and the4 Louisiana Workforce Commission, other government agencies, or any community5 partner. The services may include but shall not be limited to the following:6 (a) Job readiness, job preparation, and job search.7 (b) Workplace literacy and related assessments.8 (c) Applicable skill-based training, employer-based training, and other9 employment activities designed to meet the needs of Louisiana employers with a10 preference towards demand occupations.11 (d) Temporary and permanent job placements.12 (e) Subsidized employment services.13 (f) On-the-job training.14 B. In order to receive cash assistance, an applicant who is work-eligible as15 defined in R.S. 46:231 shall fulfill each requirement set forth in his Family Success16 Agreement and shall participate in the employment program provided for in17 Subsection A of this Section.18 C. Prior to receipt of cash assistance, a work-eligible participant shall be19 notified in writing of program expectations and participant responsibilities. When20 possible, notification may be delivered via e-mail or other electronic means, and21 notification delivered in this manner shall be deemed to satisfy the written22 notification requirement established in this Subsection.23 D. Within the limits of appropriation therefor, the secretary shall establish24 and administer STEP, which shall include the allowable work activities as provided25 in the Federal Welfare Reform Act, for work-eligible recipients of FITAP.26 E. The secretary shall provide workers' compensation and liability insurance27 coverage for participants engaged in work experience or community service28 activities.29 ENROLLEDHB NO. 525 Page 5 of 5 CODING: Words in struck through type are deletions from existing law; words underscored are additions. F. Subject to appropriation, the department may provide support services and1 transitional services to facilitate progress by FITAP recipients toward self-2 sufficiency and sustainable employment.3 G. The secretary shall promulgate in accordance with the Administrative4 Procedure Act any rules necessary to implement the provisions of this Section.5 * * *6 §460.6. Individual development account7 * * *8 F. The department may administer an individual development account9 program as provided in this Section contingent upon the availability of funding to do10 so.11 Section 2. R.S. 46:231(13), 231.3, 231.6(D) and (E), 231.7 through 231.11, and12 460.8(C) are hereby repealed in their entirety.13 Section 3. This Act shall become effective upon signature by the governor or, if not14 signed by the governor, upon expiration of the time for bills to become law without signature15 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If16 vetoed by the governor and subsequently approved by the legislature, this Act shall become17 effective on the day following such approval.18 SPEAKER OF THE HOUSE OF REPRESENTATI VES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED: