SB 0202 Designates How MO Will Respond to The Personal Responsibility & Work Opportunity Act of 1996-Welfare Reform
Sponsor:Maxwell
LR Number:S0393.15P Fiscal Note:0393-15
Committee:Public Health and Welfare
Last Action:05/16/97 - H Calendar S Bills for Third Reading (In Budget) Journal page:
Title:SS#2/SCS/SBs 202, 23 & 183
Effective Date:August 28, 1997
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Current Bill Summary

HCS/SS#2/SCS/SBs 202, 23 & 183 - This act adapts Missouri's public health and welfare statutes to comply with the mandates of the federal welfare reform act known as "The Personal Responsibility and Work Opportunity Reconciliation Act of 1996".

The act creates the Missouri Workforce Policy Board. The purpose of the twenty-four member board shall be to advise the Governor and the General Assembly on statewide workforce development goals and objectives, and propose change to the workforce development system needed to educate and train Missourians to enter the workforce and to create a comprehensive strategic plan and system that encourages community-based service delivery.

The act states that Missouri will: (1) continue to operate a child support enforcement program; (2) continue to operate a foster care and adoption assistance program; (3) establish and enforce standards and procedures to ensure against program fraud; and (4) continue to operate the Missouri Families Mutual Responsibility Plan and the 21st Century Communities Waiver Programs granted under Section 1115 of the Social Security Act.

To the extent that The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 is inconsistent with the state's welfare reform waivers, the state shall continue to apply the waivers.

The Department of Social Services shall administer a fund to be known as the "Missouri Families Work Program Fund". Moneys deposited in the fund shall equal 100% of the federal funds granted to the state by the United States Department of Health and Human Services.

The Department of Social Services shall collect and record data describing the demographics of persons applying for and receiving or not receiving public assistance. The data, without personal identification, shall be available to higher educational institutions and state agencies doing research on public assistance programs. The Office of Administration shall contract with an independent agency to do an annual analysis of the data and report on the performance of the public assistance system.

There will be a comprehensive evaluation of the Family Self- Sufficiency Program conducted by a competitively chosen independent and impartial contractor selected by the Commissioner of the Office of Administration. The evaluation shall include recommendations on whether the program should be continued and suggested improvement. Evaluations shall be completed every three years.

The Department of Social Services will contract for independent evaluation of all pilot programs and community-based models established in this act and shall report the results of these evaluations to the General Assembly biannually.

The Department shall provide a post-termination hearing within 30 days of the termination of benefits.

The Department shall identify applicants and recipients who are victims of family violence and refer these individuals for supportive domestic violence services to increase self- sufficiency and to determine if hardship exemptions from work requirements should be granted.

The act creates the Joint Legislative Welfare Reform and TANF Block Grant Oversight Committee. The committee is to be comprised of 7 members of the Senate and 7 members of the House. The Committee shall: (1) monitor the design and implementation of the provisions of the Personal Responsibility And Work Opportunity Reconciliation Act of 1996, as amended; and (2) prepare an annual review of the implementation of the state waivers and make recommendations upon such review to the General Assembly.

The Missouri General Revenue Maintenance of Effort Fund is created. The fund shall equal 100% of state funds expended in fiscal year 1994 on the aids to families with dependent children program, aid to families with dependent children related child care programs, the job opportunities and basic skills training program and emergency assistance programs.

The fund shall provide assistance to adults who are unable to meet the federal work requirements because of the incapacity of the adult caretaker to work or the incapacity of the caretaker's dependent.

The act creates the Family Investment Trust which consists of a public-private partnership to promote the healthy development and support of the needs of children and families living in Missouri communities by building and strengthening comprehensive community-based family and child support systems and interagency cooperation. The trust will consist of the Directors of the Departments of Elementary and Secondary Education, Health, Labor and Industrial Relations, Economic Development, Mental Health and Social Services; 6 members from the private sector with knowledge of community support systems and the needs of children and families to be appointed by the Governor; 3 members from the Senate; and 3 members from the House of Representatives.

This act requires that adults in families receiving assistance under the new Temporary Assistance to Needy Families (TANF) block grant program participate in work activities. TANF block grant moneys will not be used to provide assistance to a family that includes an adult who has received assistance for five years, whether or not the benefits were received consecutively.

The act authorizes the Department of Social Services to establish eligibility requirements for the programs funded by the federal TANF dollars including income and asset limits. All recipients must meet the eligibility requirements created by the federal program. The act also authorizes the Department to deny benefits through the TANF program to specific individuals.

The Work First Program shall replace the Aid to Families with Dependent Children Program, the Job Opportunities and Basic Skills (JOBS) Program, and the Title IV-A Emergency Assistance Program. The Work First Program shall stress self-sufficiency through employment and shall require that adults be responsible for fulfilling their individual self-sufficiency plans.

The Child Assurance Program shall provide benefits to assure a reasonable standard of living to children who meet eligibility requirements. The Department of Social Services shall determine the amount necessary for a child age 1 through 5 and ages 6 through 18 to meet 100% of the federal poverty level. The Department shall then subtract the child support payments and the custodial parent's earned income from the monetary value determined to meet 100% of the federal poverty level. The state will then make up any difference between these values.

The act also provides for the following:

1. Deletes statutory reference to municipal and county welfare boards, except 2nd class boards that provide medical services;

2. Replaces the term "aids to families with dependent children" in Missouri statutes with the term "Work First Programs" to reflect the change from the AFDC Program to the TANF Funded Program;

3. Allows the Department of Social Services to sanction those recipients of public assistance who are denied employment for failure to pass drug-tests for a minimum of 30 days and not more than 60 days for a first denial of employment.

4. The Department may sanction a person who has been convicted of the possession, use or distribution of a controlled substance. However, sanctions may not be imposed for benefits provided through the Medicaid for pregnant women program or the Medicaid of children program, HIV positive individuals or individuals in recovery from or treatment for drug or alcohol addiction.

5. The Department of Social Services may implement various pilot projects including: (a) Development of wage supplement programs. However, no funding shall be assigned to any employer who terminates or lays off a person from the same or substantially equivalent job to create a vacancy to obtain wage supplements. The Department of Labor shall provide grievance procedures; (b) Development of direct job placement programs; (c) Development of Individual Development Accounts programs as described in federal law; (d) Development of projects in conjunction with Community Colleges and Vocational schools to develop a program to provide public assistance recipients education which will lead to full time employment with benefits; (e) Develop a "Community Partnership Program".

6. Department of Social Services to implement and enforce federal work requirements and mandated participation rates;

7. The Department may sanction parents who receive benefits if minor dependent children do not attend school. Prior to imposing a sanction the Department shall make a reasonable effort to resolve disputes;

8. The Department of Social Services shall provide at least four times annually, and upon the request of the Immigration and Naturalization Service, the name, address and other identifying information of any individual the Department knows to be unlawfully in the United States;

9. The Department of Social Services shall provide Medicaid benefits to those people who meet the AFDC eligibility requirements of July 16, 1996 or other requirements set by the department.

10. Adds Electronic Benefit Transfer language.

11. New rules language added.
CHERYL GRAZIER