Senate Bill 1984c1

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    Florida Senate - 1998                           CS for SB 1984

    By the Committee on Children, Families and Seniors and Senator
    Kurth




    300-1924A-98

  1                      A bill to be entitled

  2         An act relating to protection of victims who

  3         apply for or receive public assistance;

  4         amending s. 414.0252, F.S.; defining "family or

  5         household member" and "domestic violence" with

  6         respect to specified provisions relating to

  7         temporary family assistance; amending s.

  8         414.028, F.S.; requiring that the program and

  9         financial plan developed by a local WAGES

10         coalition include provisions for providing

11         services for victims of domestic violence and

12         describing development of the plan; amending s.

13         414.065, F.S., relating to work requirements;

14         providing an exception from the work

15         requirements for certain individuals at risk of

16         domestic violence; providing an exception for a

17         specified period for certain individuals

18         impaired by past incidents of domestic

19         violence, under certain circumstances;

20         reenacting s. 414.20, F.S., relating to support

21         services, to incorporate the amendment in a

22         reference; amending s. 414.095, F.S., relating

23         to determination of eligibility for the WAGES

24         program; providing that a person who has been

25         battered or subject to extreme cruelty in the

26         United States by a spouse or parent is a

27         "qualified noncitizen" under specified

28         circumstances; providing for program applicants

29         or participants to receive certain information

30         regarding services available from domestic

31         violence centers or organizations and to

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  1         request referrals thereto; providing that risk

  2         of domestic violence constitutes good cause for

  3         failure by a parent or caretaker relative to

  4         cooperate with paternity establishment or

  5         establishment, modification, or enforcement of

  6         certain child support orders, under specified

  7         circumstances; amending s. 414.105, F.S.,

  8         relating to time limitations on temporary cash

  9         assistance; permitting domestic violence

10         victims to be granted hardship exemptions not

11         subject to certain percentage limitations,

12         under specified circumstances; amending s.

13         414.115, F.S., relating to limited temporary

14         cash assistance for children born to families

15         receiving temporary cash assistance; providing

16         for nonapplicability to domestic violence

17         victims of specified provisions limiting such

18         assistance under certain circumstances;

19         providing an effective date.

20

21  Be It Enacted by the Legislature of the State of Florida:

22

23         Section 1.  Present subsections (4), (5), (6), (7),

24  (8), (9), and (10) of section 414.0252, Florida Statutes, are

25  renumbered as subsections (5), (7), (8), (9), (10), (11), and

26  (12) of that section, respectively, and new subsections (4)

27  and (6) are added to that section, to read:

28         414.0252  Definitions.--As used in ss. 414.015-414.45,

29  the term:

30         (4)  "Domestic violence" means any assault, aggravated

31  assault, battery, aggravated battery, sexual assault, sexual

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  1  battery, stalking, aggravated stalking, kidnapping, false

  2  imprisonment, or any criminal offense that results in the

  3  physical injury or death of one family or household member by

  4  another.

  5         (6)  "Family or household member" means spouses, former

  6  spouses, noncohabitating partners, persons related by blood or

  7  marriage, persons who are presently residing together as if a

  8  family or who have resided together in the past as if a

  9  family, and persons who have a child in common regardless of

10  whether they have been married or have resided together at any

11  time.

12         Section 2.  Paragraph (a) of subsection (4) of section

13  414.028, Florida Statutes, is amended, and paragraph (g) is

14  added to that subsection, to read:

15         414.028  Local WAGES coalitions.--The WAGES Program

16  State Board of Directors shall create and charter local WAGES

17  coalitions to plan and coordinate the delivery of services

18  under the WAGES Program at the local level. The boundaries of

19  the service area for a local WAGES coalition shall conform to

20  the boundaries of the service area for the regional workforce

21  development board established under the Enterprise Florida

22  workforce development board. The local delivery of services

23  under the WAGES Program shall be coordinated, to the maximum

24  extent possible, with the local services and activities of the

25  local service providers designated by the regional workforce

26  development boards.

27         (4)  Each local WAGES coalition shall perform the

28  planning, coordination, and oversight functions specified in

29  the statewide implementation plan, including, but not limited

30  to:

31

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  1         (a)  Developing a program and financial plan to achieve

  2  the performance outcomes specified by the WAGES Program State

  3  Board of Directors for current and potential program

  4  participants in the service area. The plan must reflect the

  5  needs of service areas for seed money to create programs that

  6  assist children of WAGES participants. The plan must also

  7  include provisions for providing services for victims of

  8  domestic violence.

  9         (g)  Developing a plan for services for victims of

10  domestic violence.

11         1.  The WAGES Program State Board of Directors shall

12  specify requirements for the local plan, including:

13         a.  Criteria for determining eligibility for exceptions

14  to state work requirements;

15         b.  The programs and services to be offered to victims

16  of domestic violence;

17         c.  Time limits for exceptions to program requirements,

18  which may not result in an adult participant exceeding the

19  federal time limit for exceptions or the state lifetime

20  benefit limit that the participant would otherwise be entitled

21  to receive; and

22         d.  An annual report on domestic violence, including

23  the progress made in reducing domestic violence as a barrier

24  to self-sufficiency among WAGES participants, local policies

25  and procedures for granting exceptions and exemptions from

26  program requirements due to domestic violence, and the number

27  and percentage of cases in which such exceptions and

28  exemptions are granted.

29         2.  Each local WAGES coalition plan must specify

30  provisions for coordinating and, where appropriate, delivering

31  services, including:

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  1         a.  Provisions for the local coalition to coordinate

  2  with law enforcement agencies and social service agencies and

  3  organizations that provide services and protection to victims

  4  of domestic violence;

  5         b.  Provisions for allowing participants access to

  6  domestic violence support services and ensuring that WAGES

  7  participants are aware of domestic violence shelters,

  8  hotlines, and other domestic violence services and policies;

  9         c.  Designation of the agency that is responsible for

10  determining eligibility for exceptions from program

11  requirements due to domestic violence;

12         d.  Provisions that require each individual who is

13  granted an exemption from program requirements due to domestic

14  violence to participate in a program that prepares the

15  individual for self-sufficiency and safety; and

16         e.  Where possible and necessary, provisions for job

17  assignments and transportation arrangements that take maximum

18  advantage of opportunities to preserve the safety of the

19  victim of domestic violence and the victim's dependents.

20         Section 3.  Subsection (7) of section 414.065, Florida

21  Statutes, is amended to read:

22         414.065  Work requirements.--

23         (7)  EXCEPTIONS TO NONCOMPLIANCE PENALTIES.--The

24  situations listed in this subsection shall constitute

25  exceptions to the penalties for noncompliance with

26  participation requirements, except that these situations do

27  not constitute exceptions to the applicable time limit for

28  receipt of temporary cash assistance:

29         (a)  Noncompliance related to child care.--Temporary

30  cash assistance may not be terminated for refusal to

31  participate in work activities if the individual is a single

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  1  custodial parent caring for a child who has not attained 6

  2  years of age, and the adult proves to the department or to the

  3  Department of Labor and Employment Security an inability to

  4  obtain needed child care for one or more of the following

  5  reasons:

  6         1.  Unavailability of appropriate child care within a

  7  reasonable distance from the individual's home or worksite.

  8         2.  Unavailability or unsuitability of informal child

  9  care by a relative or under other arrangements.

10         3.  Unavailability of appropriate and affordable formal

11  child care arrangements.

12         (b)  Noncompliance related to domestic violence.--An

13  individual who is determined to be unable to comply with the

14  work requirements because such compliance would make it

15  probable that the individual would be unable to escape

16  domestic violence shall be exempt from work requirements

17  pursuant to s. 414.028(4)(g). However, the individual shall

18  comply with a plan that specifies alternative requirements

19  that prepare the individual for self-sufficiency while

20  providing for the safety of the individual and the

21  individual's dependents. An exception granted under this

22  paragraph does not constitute an exception to the time

23  limitations on benefits specified under s. 414.105.

24         (c)  Noncompliance related to treatment or remediation

25  of past effects of domestic violence.--An individual who is

26  determined to be unable to comply with the work requirements

27  under this section due to mental or physical impairment

28  related to past incidents of domestic violence may be exempt

29  from work requirements for a specified period pursuant to s.

30  414.028(4)(g), except that such individual shall comply with a

31  plan that specifies alternative requirements that prepare the

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    Florida Senate - 1998                           CS for SB 1984
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  1  individual for self-sufficiency while providing for the safety

  2  of the individual and the individual's dependents. The plan

  3  must include counseling or a course of treatment necessary for

  4  the individual to resume participation. The need for treatment

  5  and the expected duration of such treatment must be verified

  6  by a physician licensed under chapter 458 or chapter 459; a

  7  psychologist licensed under s. 490.005(1), s. 490.006, or the

  8  provision identified as s. 490.013(2) in s. 1, chapter 81-235,

  9  Laws of Florida; a therapist as defined in s. 491.003(2) or

10  (6); or a treatment professional who is registered under s.

11  415.605(1)(g), is authorized to maintain confidentiality under

12  s. 90.5036(1)(d), and has a minimum of 2 years experience at a

13  certified domestic violence center. An exception granted under

14  this paragraph does not constitute an exception from the time

15  limitations on benefits specified under s. 414.105.

16         (d)(b)  Noncompliance related to medical

17  incapacity.--If an individual cannot participate in assigned

18  work activities due to a medical incapacity, the individual

19  may be excepted from the activity for a specific period,

20  except that the individual shall be required to comply with

21  the course of treatment necessary for the individual to resume

22  participation. A participant may not be excused from work

23  activity requirements unless the participant's medical

24  incapacity is verified by a physician licensed under chapter

25  458 or chapter 459, in accordance with procedures established

26  by rule of the Department of Labor and Employment Security.

27         (e)(c)  Other good cause exceptions for

28  noncompliance.--Individuals who are temporarily unable to

29  participate due to circumstances beyond their control may be

30  excepted from the noncompliance penalties. The Department of

31  Labor and Employment Security may define by rule situations

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  1  that would constitute good cause. These situations must

  2  include caring for a disabled family member when the need for

  3  the care has been verified and alternate care is not

  4  available.

  5         Section 4.  For the purpose of incorporating the

  6  amendment to section 414.065, Florida Statutes, in a reference

  7  thereto, section 414.20, Florida Statutes, is reenacted to

  8  read:

  9         414.20  Other support services.--Support services shall

10  be provided, if resources permit, to assist participants in

11  complying with work activity requirements outlined in s.

12  414.065. If resources do not permit the provision of needed

13  support services, the department and the Department of Labor

14  and Employment Security may prioritize or otherwise limit

15  provision of support services. This section does not

16  constitute an entitlement to support services. Lack of

17  provision of support services may be considered as a factor in

18  determining whether good cause exists for failing to comply

19  with work activity requirements but does not automatically

20  constitute good cause for failing to comply with work activity

21  requirements, and does not affect any applicable time limit on

22  the receipt of temporary cash assistance or the provision of

23  services under this chapter. Support services shall include,

24  but need not be limited to:

25         (1)  TRANSPORTATION.--Transportation expenses may be

26  provided to any participant when the assistance is needed to

27  comply with work activity requirements or employment

28  requirements, including transportation to and from a child

29  care provider. Payment may be made in cash or tokens in

30  advance or through reimbursement paid against receipts or

31  invoices. Support services funds may also be used to develop

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    Florida Senate - 1998                           CS for SB 1984
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  1  transportation resources to expand transportation options

  2  available to participants. These services may include

  3  cooperative arrangements with local transit authorities or

  4  school districts and small enterprise development.

  5         (2)  ANCILLARY EXPENSES.--Ancillary expenses such as

  6  books, tools, clothing, fees, and costs necessary to comply

  7  with work activity requirements or employment requirements may

  8  be provided.

  9         (3)  MEDICAL SERVICES.--A family that meets the

10  eligibility requirements for Medicaid shall receive medical

11  services under the Medicaid program.

12         (4)  PERSONAL AND FAMILY COUNSELING AND

13  THERAPY.--Counseling may be provided to participants who have

14  a personal or family problem or problems caused by substance

15  abuse that is a barrier to compliance with work activity

16  requirements or employment requirements. In providing these

17  services, the department and the Department of Labor and

18  Employment Security shall use services that are available in

19  the community at no additional cost. If these services are not

20  available, the department and the Department of Labor and

21  Employment Security may use support services funds. Personal

22  or family counseling not available through Medicaid may not be

23  considered a medical service for purposes of the required

24  statewide implementation plan or use of federal funds.

25         Section 5.  Paragraph (g) is added to subsection (10)

26  of section 414.095, Florida Statutes, and subsection (3) and

27  paragraph (d) of subsection (15) of said section are amended

28  to read:

29         414.095  Determining eligibility for the WAGES

30  Program.--

31

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  1         (3)  ELIGIBILITY FOR NONCITIZENS.--A "qualified

  2  noncitizen" is an individual who is lawfully present in the

  3  United States as a refugee or who is granted asylum under ss.

  4  207 and 208 of the Immigration and Nationality Act, an alien

  5  whose deportation is withheld under s. 243(h) of the

  6  Immigration and Nationality Act, or an alien who has been

  7  admitted as a permanent resident and meets specific criteria

  8  under federal law.  In addition, a "qualified noncitizen"

  9  includes an individual who has been battered or subject to

10  extreme cruelty in the United States by a spouse or a parent,

11  and has applied for or received protection under the federal

12  Violence Against Women Act of 1994, Pub. L. No. 103-322, if

13  the need for benefits is related to the abuse. A "nonqualified

14  noncitizen" is a nonimmigrant alien, including a tourist,

15  business visitor, foreign student, exchange visitor, temporary

16  worker, or diplomat. In addition, a "nonqualified noncitizen"

17  includes an individual paroled into the United States for less

18  than 1 year. A qualified noncitizen who is otherwise eligible

19  may receive temporary cash assistance to the extent permitted

20  by federal law. The income or resources of a sponsor and the

21  sponsor's spouse shall be included in determining eligibility

22  to the maximum extent permitted by federal law.

23         (a)  A child born in the United States to an illegal or

24  ineligible alien is eligible for temporary cash assistance

25  under this chapter if the family meets all eligibility

26  requirements.

27         (b)  If the parent may legally work in this country,

28  the parent must participate in the work activity requirements

29  provided in s. 414.065, to the extent permitted under federal

30  law.

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  1         (c)  The department shall participate in the Systematic

  2  Alien Verification for Entitlements Program (SAVE) established

  3  by the United States Immigration and Naturalization Service in

  4  order to verify the validity of documents provided by aliens

  5  and to verify an alien's eligibility.

  6         (d)  The income of an illegal alien or ineligible

  7  alien, less a pro rata share for the illegal alien or

  8  ineligible alien, counts in determining a family's eligibility

  9  to participate in the program.

10         (e)  The entire assets of an ineligible alien or a

11  disqualified individual who is a mandatory member of a family

12  shall be included in determining the family's eligibility.

13         (10)  PARTICIPANT OPPORTUNITIES AND OBLIGATIONS.--An

14  applicant or participant in the WAGES Program has the

15  following opportunities and obligations:

16         (g)  To receive information regarding services

17  available from certified domestic violence centers or

18  organizations that provide counseling and supportive services

19  to individuals who are past or present victims of domestic

20  violence or who are at risk of domestic violence and, upon

21  request, to be referred to such organizations in a manner

22  which protects the individual's confidentiality.

23         (15)  PROHIBITIONS AND RESTRICTIONS.--

24         (d)  Notwithstanding any law to the contrary, if a

25  parent or caretaker relative without good cause does not

26  cooperate with the state agency responsible for administering

27  the child support enforcement program in establishing,

28  modifying, or enforcing a support order with respect to a

29  child of a teen parent or other family member, or a child of a

30  family member who is in the care of an adult relative,

31  temporary cash assistance to the entire family shall be denied

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  1  until the state agency indicates that cooperation by the

  2  parent or caretaker relative has been satisfactory.  To the

  3  extent permissible under federal law, a parent or caretaker

  4  relative shall not be penalized for failure to cooperate with

  5  paternity establishment or with the establishment,

  6  modification, or enforcement of a support order when such

  7  cooperation could subject an individual to a risk of domestic

  8  violence.  Such risk shall constitute good cause to the extent

  9  permitted by Title IV-D of the Social Security Act, as

10  amended, or other federal law.

11         Section 6.  Present subsections (3) through (10) of

12  section 414.105, Florida Statutes, are renumbered as

13  subsections (4) through (11), respectively, and a new

14  subsection (3) is added to that section, to read:

15         414.105  Time limitations of temporary cash

16  assistance.--Unless otherwise expressly provided in this

17  chapter, an applicant or current participant shall receive

18  temporary cash assistance for episodes of not more than 24

19  cumulative months in any consecutive 60-month period that

20  begins with the first month of participation and for not more

21  than a lifetime cumulative total of 48 months as an adult.

22         (3)  In addition to the exemptions listed in subsection

23  (2), a victim of domestic violence may be granted a hardship

24  exemption if the effects of such domestic violence delay or

25  otherwise interrupt or adversely affect the individual's

26  participation in the program.  Hardship exemptions granted

27  under this subsection shall not be subject to the percentage

28  limitations in subsection (2).

29         Section 7.  Subsection (2) of section 414.115, Florida

30  Statutes, is amended to read:

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  1         414.115  Limited temporary cash assistance for children

  2  born to families receiving temporary cash assistance.--

  3         (2)  Subsection (1) does not apply:

  4         (a)  To a program participant who is a victim of rape

  5  or incest if the victim files a police report on the rape or

  6  incest within 30 days after the incident;

  7         (b)  To a program participant who is confirmed by the

  8  Title IV-D child support agency as having been granted an

  9  exemption from participating in requirements for the

10  enforcement of child support due to circumstances consistent

11  with the conception of the child as a result of rape, incest,

12  or sexual exploitation. A child for whom an exemption is

13  claimed under this paragraph and for whom an application has

14  been made for a good-cause exemption from the requirements of

15  s. 414.095 shall receive temporary benefits until a

16  determination is made on the application for a good-cause

17  exemption from the requirements of s. 414.095;

18         (c)(b)  To children who are the firstborn, including

19  all children in the case of multiple birth, of minors included

20  in a temporary cash assistance group who as minors become

21  first-time parents;

22         (d)(c)  To a child when parental custody has been

23  legally transferred; or

24         (e)(d)  To a child who is no longer able to live with

25  his or her parents as a result of:

26         1.  The death of the child's parent or parents;

27         2.  The incapacity of the child's parent or parents as

28  documented by a physician, such that the parent or parents are

29  unable to care for the child;

30         3.  Legal transfer of the custody of the child to

31  another individual;

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  1         4.  Incarceration of the child's parent or parents,

  2  except that the child shall not receive temporary cash

  3  assistance if a parent is subsequently released and reunited

  4  with the child; or

  5         5.  A situation in which the child's parent's or

  6  parents' institutionalization is expected to be for an

  7  extended period, as defined by the department.

  8         Section 8.  This act shall take effect October 1, 1998.

  9

10          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
11                         Senate Bill 1984

12

13
    -    Amends the definition of domestic violence, adds a
14       definition of "family or household member," and deletes
         the definition of "battered or subject to extreme
15       cruelty."

16  -    Gives guidance and specifies requirements for the WAGES
         local plans to determine criteria for determining
17       eligibility for exceptions to state work requirements,
         determining programs and services to victims of domestic
18       violence, specifying time limitations exceptions,
         provides an annual report on domestic violence; provides
19       additional direction on the coordination and delivery of
         services.
20
    -    Specifies that noncompliance related to domestic violence
21       does not constitute an exception to the time limitations
         under the WAGES law and requires that domestic violence
22       victims must comply with a self-sufficiency and safety
         plan.
23
    -    Specifies who will verify the need for and the expected
24       duration of treatment for persons in noncompliance
         related to treatment or remediation of past effects of
25       domestic violence and requires that these persons must
         comply with a self-sufficiency and safely plan.
26
    -    Clarifies that the family cap exemption does not apply to
27       a program participant who is a victim of domestic
         violence who is confirmed by the Title IV-D child support
28       agency as having been granted an exemption from
         participating in requirements for child support due to
29       circumstances consistent with the conception of a child
         as a result of rape, incest, or sexual exploitation.
30

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