House Bill 2119

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    Florida House of Representatives - 1999                HB 2119

        By the Committee on Children & Families and Representative
    Murman





  1                      A bill to be entitled

  2         An act relating to the WAGES Program; amending

  3         s. 402.305, F.S.; revising provisions excepting

  4         program participants working at a child care

  5         facility from calculation of the facility's

  6         staff-to-child ratio; creating s. 414.045,

  7         F.S.; providing cash assistance program

  8         reporting and oversight requirements; providing

  9         duties of the state board of directors, local

10         coalitions, and Department of Children and

11         Family Services; amending s. 414.065, F.S.;

12         revising a limitation on the use of vocational

13         education to fulfill work activity

14         requirements; revising provisions relating to

15         job skills training; providing for extended

16         education and training; providing penalties for

17         failure to comply with work activity

18         alternative requirement plans; revising

19         provisions relating to interview, counseling,

20         and services for noncompliant participants;

21         providing for limited work activity assignments

22         for persons with medically verified

23         limitations; providing for medical or

24         vocational assessment; providing an exemption

25         from work activity requirements for certain

26         supplemental security income applicants;

27         amending s. 414.085, F.S.; revising

28         applicability of certain federal income to

29         program income eligibility standards; providing

30         that local coalition incentive payments not be

31         considered income; amending s. 414.095, F.S.;

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  1         revising provisions relating to temporary cash

  2         assistance and a shelter obligation for teen

  3         parents; amending s. 414.105, F.S.; revising

  4         time limitations and exceptions for temporary

  5         cash assistance; providing for transitional

  6         benefits and services for families losing

  7         eligibility for temporary cash assistance;

  8         creating s. 414.127, F.S.; authorizing local

  9         WAGES coalitions to establish a plan for

10         increasing WAGES participants' educational

11         attainment and job skills; creating s.

12         414.1525, F.S.; authorizing an early exit

13         diversion program; providing criteria for

14         one-time lump-sum payment in lieu of ongoing

15         cash assistance; providing limitations;

16         amending s. 414.155, F.S.; revising procedure

17         for determination of relocation assistance and

18         for receipt and repayment of emergency cash

19         assistance thereafter; providing eligibility

20         for transitional benefits and services;

21         creating s. 414.157, F.S.; authorizing a

22         diversion program for victims of domestic

23         violence; providing eligibility; providing

24         limitations; creating s. 414.159, F.S.;

25         authorizing the teen parent and teen pregnancy

26         diversion program; providing eligibility;

27         providing limitations; amending s. 414.22,

28         F.S.; revising eligibility for transitional

29         education and training; amending s. 414.225,

30         F.S.; revising purposes and requirements

31         relating to transitional transportation;

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  1         amending s. 414.70, F.S.; providing drug

  2         testing and screening requirements for parents

  3         and caretaker relatives in a cash assistance

  4         group; providing exceptions; providing

  5         applicability of work requirements and

  6         penalties to persons who fail to comply with

  7         drug testing and screening requirements;

  8         repealing s. 414.29, F.S., relating to access

  9         to lists of temporary cash assistance

10         recipients; repealing s. 414.43, F.S., relating

11         to a special needs allowance for families with

12         a disabled family member; providing an

13         effective date.

14

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

16

17         Section 1.  Paragraph (b) of subsection (4) of section

18  402.305, Florida Statutes, 1998 Supplement, is amended to

19  read:

20         402.305  Licensing standards; child care facilities.--

21         (4)  STAFF-TO-CHILDREN RATIO.--

22         (a)  Minimum standards for the care of children in a

23  licensed child care facility as established by rule of the

24  department must include:

25         1.  For children from birth through 1 year of age,

26  there must be one child care personnel for every four

27  children.

28         2.  For children 1 year of age or older, but under 2

29  years of age, there must be one child care personnel for every

30  six children.

31

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  1         3.  For children 2 years of age or older, but under 3

  2  years of age, there must be one child care personnel for every

  3  11 children.

  4         4.  For children 3 years of age or older, but under 4

  5  years of age, there must be one child care personnel for every

  6  15 children.

  7         5.  For children 4 years of age or older, but under 5

  8  years of age, there must be one child care personnel for every

  9  20 children.

10         6.  For children 5 years of age or older, there must be

11  one child care personnel for every 25 children.

12         7.  When children 2 years of age and older are in care,

13  the staff-to-children ratio shall be based on the age group

14  with the largest number of children within the group.

15         (b)  This subsection does not apply to nonpublic

16  schools and their integral programs as defined in s.

17  402.3025(2)(d)1. In addition, an individual participating in a

18  community service work experience activity under s.

19  414.065(1)(d), or a work experience activity under s.

20  414.065(1)(e), at a child care facility employee of a child

21  care facility who receives subsidized wages under the WAGES

22  Program may not be considered in calculating the

23  staff-to-children ratio.

24         Section 2.  Section 414.045, Florida Statutes, is

25  created to read:

26         414.045  Cash assistance program.--Cash assistance

27  families include any families receiving cash assistance

28  payments from the state program for temporary assistance for

29  needy families as defined in federal law, whether such funds

30  are from federal funds, state funds, or commingled federal and

31  state funds. Cash assistance families may also include

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  1  families receiving cash assistance through a program defined

  2  as a separate state program for the purpose of limiting

  3  potential state liability for penalties under the federal

  4  program.

  5         (1)  For reporting purposes, families receiving cash

  6  assistance shall be grouped in the following categories. The

  7  department may develop additional groupings in order to comply

  8  with federal reporting requirements, to comply with the

  9  data-reporting needs of the WAGES Program State Board of

10  Directors, or to better inform the public of program progress.

11  Program reporting data shall include, but not necessarily be

12  limited to, the following groupings:

13         (a)  WAGES Cases.--WAGES cases shall include:

14         1.  Families containing an adult or a teen head of

15  household, as defined by federal law. These cases are

16  generally subject to the work activity requirements provided

17  in s. 414.065 and the time limitations on benefits provided in

18  s. 414.105.

19         2.  Families with a parent where the parent's needs

20  have been removed from the case due to sanction or

21  disqualification shall be considered WAGES cases to the extent

22  that such cases are considered in the calculation of federal

23  participation rates or would be counted in such calculation in

24  future months.

25         3.  Families participating in transition assistance

26  programs.

27         4.  Families otherwise eligible for the WAGES Program

28  that receive a diversion or early exit payment or participate

29  in the relocation program.

30

31

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  1         (b)  Child-only cases.--Child-only cases include cases

  2  that do not have an adult or teen head of household as defined

  3  in federal law. Such cases include:

  4         1.  Child-only families with children in the care of

  5  caretaker relatives where the caretaker relatives choose to

  6  have their needs excluded in the calculation of the amount of

  7  cash assistance.

  8         2.  Families in the Relative Caregiver Program as

  9  provided in s. 39.5085.

10         3.  Families in which the only parent in a

11  single-parent family or both parents in a two-parent family

12  receive supplemental security income (SSI) benefits under

13  Title XVI of the Social Security Act, as amended. To the

14  extent permitted by federal law, individuals receiving SSI

15  shall be excluded as household members in determining the

16  amount of cash assistance, and such cases shall not be

17  considered families containing an adult. Parents or caretaker

18  relatives who are excluded from the cash assistance group due

19  to receipt of SSI may choose to participate in WAGES work

20  activities. An individual who volunteers to participate in

21  WAGES work activity but whose ability to participate in work

22  activities is limited shall be assigned to work activities

23  consistent with such limitations. An individual who volunteers

24  to participate in a WAGES work activity may receive

25  WAGES-related child care or support services consistent with

26  such participation.

27         4.  Families where the only parent in a single-parent

28  family or both parents in a two-parent family are not eligible

29  for cash assistance due to immigration status or other

30  requirements of federal law. To the extent required by federal

31

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  1  law, such cases shall not be considered families containing an

  2  adult.

  3

  4  Families described in subparagraph 1., subparagraph 2., or

  5  subparagraph 3. may receive child care assistance or other

  6  supports or services so that the children may continue to be

  7  cared for in their own homes or the homes of relatives. Such

  8  assistance or services may be funded from the temporary

  9  assistance for needy families block grant to the extent

10  permitted under federal law and to the extent permitted by

11  appropriation of funds.

12         (2)  The oversight of the WAGES Program State Board of

13  Directors and the service delivery and financial planning

14  responsibilities of the local WAGES coalitions shall apply to

15  the families defined as WAGES cases in paragraph (1)(a).  The

16  department shall be responsible for program administration

17  related to families in groups defined in paragraph (1)(b) and

18  the department shall coordinate such administration with the

19  WAGES Program State Board of Directors to the extent needed

20  for operation of the program.

21         Section 3.  Paragraphs (g) and (h) of subsection (1)

22  and subsections (2), (4), and (7) of section 414.065, Florida

23  Statutes, 1998 Supplement, are amended, and paragraph (l) is

24  added to subsection (1), to read:

25         414.065  Work requirements.--

26         (1)  WORK ACTIVITIES.--The following activities may be

27  used individually or in combination to satisfy the work

28  requirements for a participant in the WAGES Program:

29         (g)  Vocational education or training.--Vocational

30  education or training is education or training designed to

31  provide participants with the skills and certification

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  1  necessary for employment in an occupational area. Vocational

  2  education or training may be used as a primary program

  3  activity for participants when it has been determined that the

  4  individual has demonstrated compliance with other phases of

  5  program participation and successful completion of the

  6  vocational education or training is likely to result in

  7  employment entry at a higher wage than the participant would

  8  have been likely to attain without completion of the

  9  vocational education or training. Vocational education or

10  training may be combined with other program activities and

11  also may be used to upgrade skills or prepare for a higher

12  paying occupational area for a participant who is employed.

13         1.  Unless otherwise provided in this section,

14  vocational education shall not be used as the primary program

15  activity for a period which exceeds 12 months. The 12-month

16  restriction applies to instruction in a career education

17  program and does not include remediation of basic skills

18  through adult general education if remediation is necessary to

19  enable a WAGES participant to benefit from a career education

20  program. Any necessary remediation must be completed before a

21  participant is referred to vocational education as the primary

22  work activity. In addition, use of vocational education or

23  training shall be restricted to the not more than 20 percent

24  of adult participants in the WAGES region, or subject to other

25  limitation as established in federal law. Vocational education

26  included in a program leading to a high school diploma shall

27  not be considered vocational education for purposes of this

28  section.

29         2.  When possible, a provider of vocational education

30  or training shall use funds provided by funding sources other

31  than the department or the Department of Labor and Employment

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  1  Security. Either department may provide additional funds to a

  2  vocational education or training provider only if payment is

  3  made pursuant to a performance-based contract. Under a

  4  performance-based contract, the provider may be partially paid

  5  when a participant completes education or training, but the

  6  majority of payment shall be made following the participant's

  7  employment at a specific wage or job retention for a specific

  8  duration. Performance-based payments made under this

  9  subparagraph are limited to education or training for targeted

10  occupations identified by the Occupational Forecasting

11  Conference under s. 216.136, or other programs identified by

12  the Enterprise Florida workforce development board as

13  beneficial to meet the needs of designated groups, such as

14  WAGES participants, who are hard to place. If the contract

15  pays the full cost of training, the community college or

16  school district may not report the participants for other

17  state funding, except that the college or school district may

18  report WAGES clients for performance incentives or bonuses

19  authorized for student enrollment, completion, and placement.

20         (h)  Job skills training directly related to

21  employment.--Job skills training directly related to

22  employment provides job skills training in a specific

23  occupation for which there is a written commitment by the

24  employer to offer employment to a participant who successfully

25  completes the training. Job skills training includes

26  customized training designed to meet the needs of a specific

27  employer or a specific industry. Job skills training shall

28  include literacy instruction, and may include English

29  proficiency instruction or Spanish language or other language

30  instruction if necessary to enable a participant to perform in

31  a specific job or job training program or if the training

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  1  enhances employment opportunities in the local community. A

  2  participant may be required to complete an entrance assessment

  3  or test before entering into job skills training if

  4  assessments or tests are required for employment upon

  5  completion of the training. Job skills training includes

  6  literacy instruction in the workplace if necessary to enable a

  7  participant to perform in a specific job or job training

  8  program.

  9         (l)  Extended education and training.--Notwithstanding

10  any other provisions of this section to the contrary, the

11  WAGES Program State Board of Directors may approve a plan by a

12  local WAGES coalition for assigning, as work requirements,

13  educational activities that exceed or are not included in

14  those provided elsewhere in this section and that do not

15  comply with federal work participation requirement

16  limitations.  In order to be eligible to implement this

17  provision, a coalition must continue to exceed the overall

18  federal work participation rate requirements.  For purposes of

19  this paragraph, the WAGES Program State Board of Directors may

20  adjust the regional participation requirement based on

21  regional caseload decline.  However, this adjustment is

22  limited to no more than the adjustment produced by the

23  calculation used to generate federal adjustments to the

24  participation requirement due to caseload decline.

25         (2)  WORK ACTIVITY REQUIREMENTS.--Each individual adult

26  participant who is not otherwise exempt must participate in a

27  work activity, except for community service work experience,

28  for the maximum number of hours allowable under federal law,

29  provided that no participant be required to work more than 40

30  hours per week or less than the minimum number of hours

31  required by federal law. The maximum number of hours each

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  1  month that a participant may be required to participate in

  2  community service activities is the greater of:  the number of

  3  hours that would result from dividing the family's monthly

  4  amount for temporary cash assistance and food stamps by the

  5  federal minimum wage and then dividing that result by the

  6  number of participants in the family who participate in

  7  community service activities; or the minimum required to meet

  8  federal participation requirements. However, in no case shall

  9  the maximum hours required per week for community work

10  experience exceed 40 hours. An applicant shall be referred for

11  employment at the time of application if the applicant is

12  eligible to participate in the WAGES Program.

13         (a)  A participant in a work activity may also be

14  required to enroll in and attend a course of instruction

15  designed to increase literacy skills to a level necessary for

16  obtaining or retaining employment, provided that the

17  instruction plus the work activity does not require more than

18  40 hours per week.

19         (b)  WAGES Program funds may be used, as available, to

20  support the efforts of a participant who meets the work

21  activity requirements and who wishes to enroll in or continue

22  enrollment in an adult general education program or a career

23  education program.

24         (4)  PENALTIES FOR NONPARTICIPATION IN WORK

25  REQUIREMENTS AND FAILURE TO COMPLY WITH ALTERNATIVE

26  REQUIREMENT PLANS.--The department and the Department of Labor

27  and Employment Security shall establish procedures for

28  administering penalties for nonparticipation in work

29  requirements and failure to comply with the alternative

30  requirement plan. If an individual in a family receiving

31  temporary cash assistance fails to engage in work activities

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  1  required in accordance with this section, the following

  2  penalties shall apply. A diligent effort shall be made to

  3  interview the participant to determine why full compliance has

  4  not been achieved. The participant shall be counseled

  5  regarding compliance and, if appropriate, shall be referred

  6  for services that could assist the participant to fully comply

  7  with program requirements.:

  8         (a)1.  First noncompliance:  temporary cash assistance

  9  shall be terminated for the family until the individual who

10  failed to comply does so, and food stamp benefits shall not be

11  increased as a result of the loss of temporary cash

12  assistance.

13         2.(b)  Second noncompliance:  temporary cash assistance

14  and food stamps shall be terminated for the family until the

15  individual demonstrates compliance in the required work

16  activity for a period of 30 days. Upon compliance, temporary

17  cash assistance and food stamps shall be reinstated to the

18  date of compliance.  Prior to the imposition of sanctions for

19  a second noncompliance, the participant shall be interviewed

20  to determine why full compliance has not been achieved.  The

21  participant shall be counseled regarding compliance and, if

22  appropriate, shall be referred for services that could assist

23  the participant to fully comply with program requirements.

24         3.(c)  Third noncompliance:  temporary cash assistance

25  and food stamps shall be terminated for the family for 3

26  months. The individual shall be required to demonstrate

27  compliance in the work activity upon completion of the 3-month

28  penalty period, before reinstatement of temporary cash

29  assistance and food stamps.

30         (b)  If a participant receiving temporary cash

31  assistance who is otherwise exempted from noncompliance

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  1  penalties fails to comply with the alternative requirement

  2  plan required in accordance with this section, the penalties

  3  provided in paragraph (a) shall apply.

  4

  5  If a participant fully complies with work activity

  6  requirements for at least 6 months, the participant shall be

  7  reinstated as being in full compliance with program

  8  requirements for purpose of sanctions imposed under this

  9  section.

10         (7)  EXCEPTIONS TO NONCOMPLIANCE PENALTIES.--Unless

11  otherwise provided, the situations listed in this subsection

12  shall constitute exceptions to the penalties for noncompliance

13  with participation requirements, except that these situations

14  do not constitute exceptions to the applicable time limit for

15  receipt of temporary cash assistance:

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

17  cash assistance may not be terminated for refusal to

18  participate in work activities if the individual is a single

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

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

21  Department of Labor and Employment Security an inability to

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

23  reasons:

24         1.  Unavailability of appropriate child care within a

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

26         2.  Unavailability or unsuitability of informal child

27  care by a relative or under other arrangements.

28         3.  Unavailability of appropriate and affordable formal

29  child care arrangements.

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

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

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  1  work requirements because such compliance would make it

  2  probable that the individual would be unable to escape

  3  domestic violence shall be exempt from work requirements

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

  5  comply with a plan that specifies alternative requirements

  6  that prepare the individual for self-sufficiency while

  7  providing for the safety of the individual and the

  8  individual's dependents.  A participant who is determined to

  9  be out of compliance with the alternative requirement plan

10  shall be subject to the penalties under subsection (4).  An

11  exception granted under this paragraph does not constitute an

12  exception to the time limitations on benefits specified under

13  s. 414.105.

14         (c)  Noncompliance related to treatment or remediation

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

16  determined to be unable to comply with the work requirements

17  under this section due to mental or physical impairment

18  related to past incidents of domestic violence may be exempt

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

20  414.028(4)(g), except that such individual shall comply with a

21  plan that specifies alternative requirements that prepare the

22  individual for self-sufficiency while providing for the safety

23  of the individual and the individual's dependents.  A

24  participant who is determined to be out of compliance with the

25  alternative requirement plan shall be subject to the penalties

26  under subsection (4). The plan must include counseling or a

27  course of treatment necessary for the individual to resume

28  participation. The need for treatment and the expected

29  duration of such treatment must be verified by a physician

30  licensed under chapter 458 or chapter 459; a psychologist

31  licensed under s. 490.005(1), s. 490.006, or the provision

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  1  identified as s. 490.013(2) in s. 1, chapter 81-235, Laws of

  2  Florida; a therapist as defined in s. 491.003(2) or (6); or a

  3  treatment professional who is registered under s.

  4  415.605(1)(g), is authorized to maintain confidentiality under

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

  6  certified domestic violence center. An exception granted under

  7  this paragraph does not constitute an exception from the time

  8  limitations on benefits specified under s. 414.105.

  9         (d)  Noncompliance related to medical incapacity.--If

10  an individual cannot participate in assigned work activities

11  due to a medical incapacity, the individual may be excepted

12  from the activity for a specific period, except that the

13  individual shall be required to comply with the course of

14  treatment necessary for the individual to resume

15  participation. A participant may not be excused from work

16  activity requirements unless the participant's medical

17  incapacity is verified by a physician licensed under chapter

18  458 or chapter 459, in accordance with procedures established

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

20  If it has been medically verified that an individual's ability

21  to participate in work activities is limited, the individual

22  shall be assigned to work activities consistent with such

23  limitations. Evaluation of an individual's ability to

24  participate in work activities or development of a plan for

25  work activity assignment shall include vocational assessment

26  or work evaluation by the Division of Vocational

27  Rehabilitation of the Department of Labor and Employment

28  Security or by a community-based organization such as Goodwill

29  Industries, as determined appropriate. The Department of Labor

30  and Employment Security or the local WAGES coalition may

31  require an individual to cooperate in medical assessment or

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  1  vocational assessment, as determined necessary to evaluate the

  2  individual's ability to participate in a work activity.

  3         (e)  Noncompliance due to medical incapacity by

  4  applicants for supplemental security income (SSI).--If an

  5  individual subject to work activity requirements provides

  6  information verifying that the individual has applied for SSI

  7  or has appealed a SSI determination and the available medical

  8  information indicates that the individual's application for

  9  SSI will ultimately be approved, according to criteria

10  established in rule by the Department of Labor and Employment

11  Security as approved by the WAGES Program State Board of

12  Directors in consultation with the Office of Disability

13  Determination and the Secretary of Health, such individual may

14  be exempted from work activity requirements. Such criteria may

15  include medical assessment and disability or incapacity

16  determination by the Office of Disability Determination.

17         (f)(e)  Other good cause exceptions for

18  noncompliance.--Individuals who are temporarily unable to

19  participate due to circumstances beyond their control may be

20  excepted from the noncompliance penalties. The Department of

21  Labor and Employment Security may define by rule situations

22  that would constitute good cause. These situations must

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

24  the care has been verified and alternate care is not

25  available.

26         Section 4.  Subsection (2) of section 414.085, Florida

27  Statutes, is amended and subsection (4) is added to said

28  section, to read:

29         414.085  Income eligibility standards.--For purposes of

30  program simplification and effective program management,

31  certain income definitions, as outlined in the food stamp

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  1  regulations at 7 C.F.R. s. 273.9, shall be applied to the

  2  WAGES Program as determined by the department to be consistent

  3  with federal law regarding temporary cash assistance and

  4  Medicaid for needy families, except as to the following:

  5         (2)  Income security payments, including payments

  6  funded under part B of Title IV of the Social Security Act, as

  7  amended; supplemental security income under Title XVI of the

  8  Social Security Act, as amended; or other income security

  9  payments as defined by federal law shall be excluded included

10  as income unless to the extent required to be included or

11  permitted by federal law.

12         (4)  An incentive payment to a participant authorized

13  by a local WAGES coalition shall not be considered income.

14         Section 5.  Paragraphs (b) and (c) of subsection (15)

15  of section 414.095, Florida Statutes, 1998 Supplement, are

16  amended to read:

17         414.095  Determining eligibility for the WAGES

18  Program.--

19         (15)  PROHIBITIONS AND RESTRICTIONS.--

20         (b)  Temporary cash assistance, without shelter

21  expense, may be available for a teen parent who is a minor

22  child less than 19 years of age and for the child. Temporary

23  cash assistance may not be paid directly to the teen parent

24  but must be paid, on behalf of the teen parent and child, to

25  an alternative payee who is designated by the department.  The

26  alternative payee may not use the temporary cash assistance

27  for any purpose other than paying for food, clothing, shelter,

28  and medical care for the teen parent and child and for other

29  necessities required to enable the teen parent to attend

30  school or a training program.  In order for the child of the

31

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  1  teen parent and the teen parent to be eligible for temporary

  2  cash assistance, the teen parent must:

  3         1.  Attend school or an approved alternative training

  4  program, unless the child is less than 12 weeks of age or the

  5  teen parent has completed high school; and

  6         2.  Reside with a parent, legal guardian, or other

  7  adult caretaker relative. The income and resources of the

  8  parent shall be included in calculating the temporary cash

  9  assistance available to the teen parent since the parent is

10  responsible for providing support and care for the child

11  living in the home.

12         3.  Attend parenting and family classes that provide a

13  curriculum specified by the department, the Department of

14  Labor and Employment Security, or the Department of Health, as

15  available.

16         (c)  The teen parent is not required to live with a

17  parent, legal guardian, or other adult caretaker relative if

18  the department determines that:

19         1.  The teen parent has suffered or might suffer harm

20  in the home of the parent, legal guardian, or adult caretaker

21  relative.

22         2.  The requirement is not in the best interest of the

23  teen parent or the child. If the department determines that it

24  is not in the best interest of the teen parent or child to

25  reside with a parent, legal guardian, or other adult caretaker

26  relative, the department shall provide or assist the teen

27  parent in finding a suitable home, a second-chance home, a

28  maternity home, or other appropriate adult-supervised

29  supportive living arrangement.  Such living arrangement may

30  include a shelter obligation in accordance with subsection

31  (11).

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  1

  2  The department may not delay providing temporary cash

  3  assistance to the teen parent through the alternative payee

  4  designated by the department pending a determination as to

  5  where the teen parent should live and sufficient time for the

  6  move itself.  A teen parent determined to need placement that

  7  is unavailable shall continue to be eligible for temporary

  8  cash assistance so long as the teen parent cooperates with the

  9  department, the Department of Labor and Employment Security,

10  and the Department of Health.  The teen parent shall be

11  provided with counseling to make the transition from

12  independence to supervised living and with a choice of living

13  arrangements.

14         Section 6.  Subsections (2), (10), and (12) of section

15  414.105, Florida Statutes, 1998 Supplement, are amended to

16  read:

17         414.105  Time limitations of temporary cash

18  assistance.--Unless otherwise expressly provided in this

19  chapter, an applicant or current participant shall receive

20  temporary cash assistance for episodes of not more than 24

21  cumulative months in any consecutive 60-month period that

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

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

24         (2)  A participant who is not exempt from work activity

25  requirements may earn 1 month of eligibility for extended

26  temporary cash assistance, up to maximum of 12 additional

27  months, for each month in which the participant is fully

28  complying with the work activities of the WAGES Program

29  through subsidized or unsubsidized public or private sector

30  employment. The period for which extended temporary cash

31  assistance is granted shall be based upon compliance with

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  1  WAGES Program requirements beginning October 1, 1996. A

  2  participant may not receive temporary cash assistance under

  3  this subsection, in combination with other periods of

  4  temporary cash assistance for longer than a lifetime limit of

  5  48 months. Hardship exemptions to the time limitations of this

  6  chapter shall be limited to 10 percent of participants in the

  7  first year of implementation of this chapter, 15 percent of

  8  participants in the second year of implementation of this

  9  chapter, and 20 percent of participants in all subsequent

10  years, as determined by the department and approved by the

11  WAGES Program State Board of Directors. Criteria for hardship

12  exemptions include:

13         (a)  Diligent participation in activities, combined

14  with inability to obtain employment.

15         (b)  Diligent participation in activities, combined

16  with extraordinary barriers to employment, including the

17  conditions which may result in an exemption to work

18  requirements.

19         (c)  Significant barriers to employment, combined with

20  a need for additional time.

21         (d)  Diligent participation in activities and a need by

22  teen parents for an exemption in order to have 24 months of

23  eligibility beyond receipt of the high school diploma or

24  equivalent.

25         (e)  A recommendation of extension for a minor child of

26  a participating family that has reached the end of the

27  eligibility period for temporary cash assistance. The

28  recommendation must be the result of a review which determines

29  that the termination of the child's temporary cash assistance

30  would be likely to result in the child being placed into

31  emergency shelter or foster care. Temporary cash assistance

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  1  shall be provided through a protective payee. Staff of the

  2  Children and Families Program Office of the department shall

  3  conduct all assessments in each case in which it appears a

  4  child may require continuation of temporary cash assistance

  5  through a protective payee.

  6

  7  At the recommendation of the local WAGES coalition, temporary

  8  cash assistance under a hardship exemption for a participant

  9  who is eligible for work activities and who is not working

10  shall be reduced by 10 percent. Upon the employment of the

11  participant, full benefits shall be restored.

12         (10)  An individual who receives benefits under the

13  Supplemental Security Income program or the Social Security

14  Disability Insurance program is not subject to time

15  limitations. An individual who has applied for supplemental

16  security income (SSI), but has not yet received a

17  determination must be granted an extension of time limits

18  until the individual receives a final determination on the SSI

19  application. Determination shall be considered final once all

20  appeals have been exhausted, benefits have been received, or

21  denial has been accepted without any appeal. Such individual

22  must continue to meet all program requirements assigned to the

23  participant based on medical ability to comply. Extensions of

24  time limits shall be within the recipient's 48-month lifetime

25  limit. Hardship exemptions granted under this subsection shall

26  not be subject to the percentage limitations in subsection

27  (2).

28         (12)  A member of the WAGES Program staff shall

29  interview and assess the employment prospects and barriers of

30  each participant who is within 6 months of reaching the

31  24-month time limit.  The staff member shall assist the

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  1  participant in identifying actions necessary to become

  2  employed prior to reaching the benefit time limit for

  3  temporary cash assistance and, if appropriate, shall refer the

  4  participant for services that could facilitate employment. The

  5  department shall develop procedures to ensure that families

  6  losing eligibility for temporary cash assistance receive

  7  transitional benefits and services that will assist the family

  8  in moving toward self-sufficiency. At a minimum, such

  9  procedures must include, but are not limited to, the

10  following:

11         (a)  Each WAGES participant who is determined

12  ineligible for cash assistance for a reason other than a work

13  activity sanction shall be contacted by the case manager and

14  provided information about the availability of transitional

15  benefits and services. Such contact shall be attempted prior

16  to closure of the case management file.

17         (b)  Each WAGES participant who is determined

18  ineligible for cash assistance due to noncompliance with the

19  work activity requirements shall be contacted and provided

20  information in accordance with s. 414.065(4).

21         (c)  The department and the WAGES Program State Board

22  of Directors shall develop informational material, including

23  posters and brochures, to better inform families about the

24  availability of transitional benefits and services.

25         (d)  The department shall review federal requirements

26  related to transitional Medicaid and shall, to the extent

27  permitted by federal law, develop procedures to maximize the

28  utilization of transitional Medicaid by families who leave

29  temporary cash assistance.

30         Section 7.  Section 414.127, Florida Statutes, is

31  created to read:

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  1         414.127  WAGES education for economic independence

  2  program.--The Legislature recognizes that educational and

  3  skill deficits play a major role in limiting the ability of

  4  WAGES participants to gain and maintain economic

  5  self-sufficiency and that parents in families dependent on

  6  cash assistance face formidable barriers to removing these

  7  deficits. Provided the region continues to meet federal work

  8  participation requirements, each local WAGES coalition may

  9  establish a plan for the achievement of long-term

10  self-sufficiency by increasing the educational attainment and

11  job skills of WAGES participants.

12         (1)  The program may include the following components:

13         (a)  Payment of educational costs.

14         (b)  Performance incentives for educational

15  institutions providing high school, adult, general equivalency

16  diploma (GED), and postsecondary education programs based on

17  the enrollment, completion, and placement of students who are

18  WAGES clients.

19         (c)  Assistance with transportation and child care

20  costs associated with school attendance.

21         (d)  Provisions for career counseling.

22         (e)  Provisions to facilitate access to programs by

23  providing educational opportunities during nontraditional

24  hours or in the workplace.

25         (f)  Provisions for vocational programs designed to

26  meet the needs of employers.

27         (g)  Provisions to assist disabled participants to

28  develop their capacity for economic self-sufficiency.

29         (h)  Teen parent and pregnancy prevention programs.

30         (2)  A priority for participation in the program shall

31  be given to WAGES participants who have diligently complied

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  1  with program requirements and who have been identified as

  2  having potential to improve their economic self-sufficiency

  3  through education.

  4         Section 8.  Section 414.1525, Florida Statutes, is

  5  created to read:

  6         414.1525  WAGES early exit diversion program.--An

  7  individual who meets the criteria listed in this section may

  8  choose to receive a lump-sum payment in lieu of ongoing cash

  9  assistance payments, provided the individual:

10         (1)  Is employed and is receiving earnings, and would

11  be eligible to receive cash assistance in an amount less than

12  $100 per month given the WAGES earnings disregard.

13         (2)  Has received cash assistance for at least 3

14  consecutive months.

15         (3)  Expects to remain employed for at least 6 months.

16         (4)  Chooses to receive a one-time lump-sum payment in

17  lieu of ongoing monthly payments.

18         (5)  Provides employment and earnings information to

19  the department, so that the department can ensure that the

20  family's eligibility for transitional benefits can be

21  evaluated.

22         (6)  Signs an agreement not to apply for or accept cash

23  assistance for 6 months after receipt of the one-time payment.

24  In the event of an emergency, such agreement shall provide for

25  an exception to this restriction, provided that the one-time

26  payment shall be deducted from any cash assistance for which

27  the family subsequently is approved. This deduction may be

28  prorated over an 8 month period.  The department shall adopt

29  rules defining the conditions under which a family may receive

30  cash assistance due to such emergency.

31

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  1  Such individual may choose to accept a one-time lump-sum

  2  payment of $600 in lieu of receiving ongoing cash assistance.

  3  Such payment shall only count toward the time limitation for

  4  the month in which the payment is made in lieu of cash

  5  assistance. A participant choosing to accept such payment

  6  shall be terminated from cash assistance.  However,

  7  eligibility for Medicaid, food stamps, or child care shall

  8  continue, subject to the eligibility requirements of those

  9  programs.

10         Section 9.  Paragraph (c) of subsection (2) and

11  subsection (3) of section 414.155, Florida Statutes, 1998

12  Supplement, are amended to read:

13         414.155  Relocation assistance program.--

14         (2)  The relocation assistance program shall involve

15  five steps by the Department of Children and Family Services

16  or the Department of Labor and Employment Security:

17         (c)  Establishment of a relocation plan which includes,

18  including a budget and such requirements as are necessary to

19  prevent abuse of the benefit and to provide an assurance that

20  the applicant will relocate. The plan may require that

21  expenditures be made on behalf of the recipient.  However, the

22  plan must include provisions to protect the safety of victims

23  of domestic violence and avoid provisions that place them in

24  anticipated danger.  The payment to defray relocation expenses

25  shall be determined based on a rule approved by the WAGES

26  Program State Board of Directors and adopted by the

27  department. Participants in the relocation program shall be

28  eligible for transitional benefits limited to an amount not to

29  exceed 4 months' temporary cash assistance, based on family

30  size.

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  1         (3)  A family receiving relocation assistance for

  2  reasons other than domestic violence must sign an agreement

  3  restricting the family from applying for temporary cash

  4  assistance for a period specified in a rule approved by the

  5  WAGES Program State Board of Directors and adopted by the

  6  department 6 months, unless an emergency is demonstrated to

  7  the department.  If a demonstrated emergency forces the family

  8  to reapply for temporary cash assistance within such period, 6

  9  months after receiving a relocation assistance payment,

10  repayment must be made on a prorated basis over an 8-month

11  period and subtracted from any regular payment of temporary

12  cash assistance for which the applicant may be eligible, as

13  specified in a rule approved by the WAGES Program State Board

14  of Directors and adopted by the department.

15         Section 10.  Section 414.157, Florida Statutes, is

16  created to read:

17         414.157  Diversion program for victims of domestic

18  violence.--

19         (1)  The diversion program for victims of domestic

20  violence is intended to provide services and one-time payments

21  to assist victims of domestic violence and their children in

22  making the transition to independence.

23         (2)  Before finding an applicant family eligible for

24  the diversion program created under this section, a

25  determination must be made that:

26         (a)  The applicant family includes a pregnant woman or

27  a parent with one or more minor children or a caretaker

28  relative with one or more minor children.

29         (b)  The services or one-time payment provided are not

30  considered assistance under federal law or guidelines.

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  1         (3)  Notwithstanding any provision to the contrary in

  2  ss. 414.075, 414.085, and 414.095, a family meeting the

  3  criteria of subsection (2) who is determined by the domestic

  4  violence program to be in need of services or one-time payment

  5  due to domestic violence shall be considered a needy family

  6  and shall be deemed eligible under this section for services

  7  through a certified domestic violence shelter.

  8         (4)  One-time payments provided under this section

  9  shall not exceed an amount recommended by the WAGES Program

10  State Board of Directors and adopted by the department in

11  rule.

12         (5)  Receipt of services or a one-time payment under

13  this section shall not preclude eligibility for, or receipt

14  of, other assistance or services under this chapter.

15         Section 11.  Section 414.159, Florida Statutes, is

16  created to read:

17         414.159  Teen parent and pregnancy prevention diversion

18  program; eligibility for services.--The Legislature recognizes

19  that teen pregnancy is a major cause of dependency on

20  government assistance that often extends through more than one

21  generation. The purpose of the teen parent and pregnancy

22  prevention diversion program is to provide services to reduce

23  and avoid welfare dependency by reducing teen pregnancy,

24  reducing the incidence of multiple pregnancies to teens, and

25  by assisting teens in completing educational programs.

26         (1)  Notwithstanding any provision to the contrary in

27  ss. 414.075, 414.085, and 414.095, a teen who is determined to

28  be at-risk of teen pregnancy or who already has a child shall

29  be deemed eligible to receive services under this program.

30

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  1         (2)  Services provided under this program shall be

  2  limited to services that are not considered assistance under

  3  federal law or guidelines.

  4         (3)  Receipt of services under this section shall not

  5  preclude eligibility for, or receipt of, other assistance or

  6  services under this chapter.

  7         Section 12.  Section 414.22, Florida Statutes, is

  8  amended to read:

  9         414.22  Transitional education and training.--In order

10  to assist current and former participants who are working or

11  actively seeking employment in continuing their training and

12  upgrading their skills, education, or training, support

13  services may be provided to a participant for up to 2 years

14  after the participant is no longer eligible to participate in

15  the program. This section does not constitute an entitlement

16  to transitional education and training. If funds are not

17  sufficient to provide services under this section, the

18  Department of Labor and Employment Security may limit or

19  otherwise prioritize transitional education and training.

20         (1)  Education or training resources available in the

21  community at no additional cost to the Department of Labor and

22  Employment Security shall be used whenever possible.

23         (2)  The Department of Labor and Employment Security

24  may authorize child care or other support services in addition

25  to services provided in conjunction with employment. For

26  example, a participant who is employed full time may receive

27  subsidized child care related to that employment and may also

28  receive additional subsidized child care in conjunction with

29  training to upgrade the participant's skills.

30         (3)  Transitional education or training must be

31  job-related, but may include training to improve job skills in

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  1  a participant's existing area of employment or may include

  2  training to prepare a participant for employment in another

  3  occupation.

  4         (4)  The Department of Labor and Employment Security

  5  may enter into an agreement with an employer to share the

  6  costs relating to upgrading the skills of participants hired

  7  by the employer. For example, the department may agree to

  8  provide support services such as transportation or a wage

  9  subsidy in conjunction with training opportunities provided by

10  the employer.

11         Section 13.  Section 414.225, Florida Statutes, 1998

12  Supplement, is amended to read:

13         414.225  Transitional transportation.--In order to

14  assist former WAGES participants in maintaining and sustaining

15  employment or educational opportunities, transportation may be

16  provided, if funds are available, for up to 1 year after the

17  participant is no longer eligible to participate in the

18  program due to earnings. This does not constitute an

19  entitlement to transitional transportation. If funds are not

20  sufficient to provide services under this section, the

21  department may limit or otherwise prioritize transportation

22  services.

23         (1)  Transitional transportation must be job or

24  education related.

25         (2)  Transitional transportation may include expenses

26  identified in s. 414.20.

27         Section 14.  Subsection (1), paragraph (b) of

28  subsection (2), and paragraph (a) of subsection (3) of section

29  414.70, Florida Statutes, 1998 Supplement, are amended to

30  read:

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  1         414.70  Drug-testing and drug-screening program;

  2  procedures.--

  3         (1)  DEMONSTRATION PROJECT.--The Department of Children

  4  and Family Services, in consultation with local WAGES

  5  coalitions 3 and 8, shall develop and, as soon as possible

  6  after January 1, 1999, implement a demonstration project in

  7  WAGES regions 3 and 8 to screen each applicant and test

  8  applicants for temporary cash assistance provided under this

  9  chapter, who the department has reasonable cause to believe,

10  based on the screening, engage in illegal use of controlled

11  substances. Unless reauthorized by the Legislature, this

12  demonstration project expires June 30, 2001. As used in this

13  act, the term "applicant" means an individual who first

14  applies for assistance or services under the WAGES Program.

15  Screening and testing for the illegal use of controlled

16  substances is not required if the individual reapplies during

17  any continuous period in which the individual receives

18  assistance or services. However, an individual may volunteer

19  for drug testing and treatment if funding is available.

20         (a)  Applicants subject to the requirements of this

21  section include any parent or caretaker relative who is

22  included in the cash assistance group, including individuals

23  who may be exempt from work activity requirements due to the

24  age of the youngest child or who may be excepted from work

25  activity requirements under s. 414.065(7).

26         (b)  Applicants not subject to the requirements of this

27  section include applicants for food stamps or Medicaid who are

28  not applying for cash assistance, applicants who, if eligible,

29  would be exempt from the time limitation and work activity

30  requirements due to receipt of social security disability

31  income, and applicants who, if eligible, would be excluded

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  1  from the assistance group due to receipt of supplemental

  2  security income.

  3         (2)  PROCEDURES.--Under the demonstration project, the

  4  Department of Children and Family Services shall:

  5         (b)  Develop a procedure for drug screening and

  6  conducting drug testing of applicants for temporary assistance

  7  or services under the WAGES Program.  For two-parent families,

  8  both parents must comply with the drug screening and testing

  9  requirements of this section.

10         (3)  CHILDREN.--

11         (a)  If a parent is deemed ineligible for cash

12  assistance due to refusal to comply with the provisions of

13  this section the failure of a drug test under this act, his or

14  her dependent child's eligibility for cash assistance is not

15  affected.  A parent who is ineligible for cash assistance due

16  to refusal or failure to comply with the provisions of this

17  section shall be subject to the work activity requirements of

18  s. 414.065, and shall be subject to the penalties under s.

19  414.065(4) upon failure to comply with such requirements.

20         Section 15.  Sections 414.29 and 414.43, Florida

21  Statutes, are repealed.

22         Section 16.  This act shall take effect upon becoming a

23  law.

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  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Revises provisions relating to the Work and Gain Economic
  4    Self-sufficiency (WAGES) Program. Specifies reporting and
      oversight duties of the state board of directors, local
  5    coalitions, and Department of Children and Family
      Services. Revises provisions relating to work activity
  6    requirements, income eligibility standards, assistance to
      teen parents, temporary cash assistance limitations and
  7    exceptions, and relocation assistance. Provides for
      transitional benefits for families losing eligibility for
  8    temporary cash assistance. Authorizes local WAGES
      coalitions to establish a plan for increasing WAGES
  9    participants' educational attainment and job skills to
      promote economic independence. Provides an early exit
10    diversion program, a teen parent and teen pregnancy
      diversion program, and a diversion program for victims of
11    domestic violence. Revises requirements relating to
      transitional education and training and transitional
12    transportation. Extends drug testing and screening
      requirements to certain parents and caretaker relatives,
13    and provides applicability of work requirements and
      penalties to persons who fail to comply with drug testing
14    and screening requirements. See bill for details.

15

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