ENROLLED HOUSE
BILL NO. 1931 By: McCall of the House
and
Haste of the Senate
An Act relating to poor persons; amending 56 O.S. 2021, Section
230.52, which relates to the Temporary Assistance for Needy Families program;
updating reference; providing area in which employment may be approved;
providing that recipients be screened; providing that certain services be
provided in certain circumstances; and providing an effective date.
SUBJECT: Poor persons
BE IT
ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.
AMENDATORY 56 O.S. 2021,
Section 230.52, is amended to read as follows:
Section 230.52 A. Except for specific exceptions, conditions or
restrictions authorized by the Statewide Temporary Assistance Responsibility
System (STARS) and rules promulgated by the Commission for Human Services
pursuant thereto, the following are the minimum mandatory requirements for the
Temporary Assistance for Needy Families (TANF) program:
1.
A recipient shall be eligible to receive assistance pursuant to the TANF
program only for a lifetime total of five (5) years, subject to the exemptions
allowed by federal law. Child-only cases
are not subject to the five-year limitation;
2.
Single parents receiving temporary assistance pursuant to the TANF
program shall participate in work activities for a minimum of twenty (20) hours
per week during the month. Two-parent
families receiving temporary assistance pursuant to the TANF program shall participate
in work activities for a minimum of thirty-five (35) hours per week during the
month;
3.
A recipient must be engaged in one or more of the work activities set
out in paragraph 4 of this subsection as soon as required by the Department of
Human Services pursuant to the TANF program, but not later than twenty-four
(24) months after certification of the application for assistance, unless the
person is exempt from work requirements under rules promulgated by the Commission
Department pursuant to the STARS;
4.
The Department shall develop and describe categories of approved work
activities for the TANF program recipients in accordance with this
paragraph. Work activities that qualify
in meeting the requirements include, but are not limited to:
a. (1) unsubsidized employment which is full-time
employment or part-time employment that is not directly supplemented by federal
or state funds,
(2) subsidized
private sector employment which is employment in a private for-profit
enterprise or a private not-for-profit enterprise that is directly supplemented
by federal or state funds. Prior to
receiving any subsidy or incentive, the employer shall enter into a written
contract with the Department, and
(3) subsidized
public sector employment which is employment by an agency of a federal, state,
or local governmental entity which is directly supplemented by federal or state
funds. Prior to receiving any subsidy or
incentive, the employer shall enter into a written contract with the
Department.
Subsidized hourly employment or
unsubsidized hourly employment pursuant to this subparagraph shall only be
approved by the Department as work activity if such employment is subject to:
(a) the
federal minimum wage requirements pursuant to the Fair Labor Standards Act of
1938, as amended,
(b) the
federal Social Security tax and Medicare tax, and
(c) regulations
promulgated pursuant to the federal Occupational Safety and Health Act of 1970
and rules promulgated by the State Department of Labor pursuant thereto,
b. a
program of work experience,
c. on-the-job
training,
d. assisted
job search which may include supervised or unsupervised job-seeking activities,
e. job
readiness assistance which may include, but is not limited to:
(1) orientation
in the work environment and basic job-seeking and job retention skills,
(2) instruction
in completing an application for employment and writing a resume, and
(3) instruction
in conducting oneself during a job interview, including appropriate dress, and
(4) substance
abuse treatment and mental health counseling,
f. job
skills training which is directly related to employment in a specific
occupation for which there is a written commitment by an employer to offer
employment to a recipient who successfully completes the training. Job skills training includes, but is not
limited to, customized training designed to meet the needs of a specific
employer or a specific industry,
g. community
service programs which are job-training activities provided in areas where
sufficient public or private sector employment is not available. Such activities are linked to both education
or training and activities that substantially enhance a recipient's
employability,
h. literacy
and adult basic education programs,
i. vocational-educational
programs, not to exceed twelve (12) months for any individual, which are
directed toward vocational-educational training and education directly related
to employment,
j. education
programs which are directly related to specific employment opportunities, if a
recipient has not received a high school diploma or General Equivalency Degree,
and
k. child
care for other STARS recipients. The
recipient must meet training and licensing requirements for child care
providers as required by the Oklahoma Child Care Facilities Licensing Act;
5.
Single, custodial parents with a child up to one (1) year of age may be
exempt from work activities for a lifetime total exemption of twelve (12)
months;
6.
In order to receive assistance, unmarried teen parents of a minor child
at least twelve (12) weeks of age must participate in educational activities or
work activities approved by the state;
7.
For single-parent families, except for teen parents, educational
activities, other than vocational-technical training, do not count toward
meeting the required twenty (20) hours of work activity. For two-parent families, educational
activities, except vocational-technical training, do not count toward meeting
the required thirty-five (35) hours of work activity;
8.
A teen parent must live at home or in an approved, adult-supervised
setting as specified in Section 230.55 of this title to receive TANF
assistance;
9.
A recipient must comply with immunization requirements established
pursuant to the TANF program;
10.
A recipient shall be subject to the increment in benefits for
additional children established by Section 230.58 of this title;
11.
The following recipient resources are exempt from resource determination
criteria:
a. an
automobile with an equity allowance of not more than Five Thousand Dollars
($5,000.00) pursuant to Section 230.53 of this title,
b. individual
development accounts established pursuant to the Family Savings Initiative Act,
or individual development accounts established prior to November 1, 1998,
pursuant to the provisions of Section 230.54 of this title in an amount not to
exceed Two Thousand Dollars ($2,000.00),
c. the
equity value of funeral arrangements owned by a recipient that does not exceed
the limitation specified by Section 165 of this title, and
d. earned
income disregards not to exceed One Hundred Twenty Dollars ($120.00) and
one-half (1/2) of the remainder of the earned income;
12. 11. An applicant who applies and is otherwise
eligible to receive TANF benefits but who has resided in this state less than
twelve (12) months shall be subject to Section 230.57 of this title;
13. 12. The recipient shall enter into a personal
responsibility agreement with the Department for receipt of assistance pursuant
to Section 230.65 of this title;
14. 13. The Department shall, beginning November
1, 2012 November 1, 2023, screen all adult applicants for
TANF recipients as part of the required TANF employability plan to
determine if they are engaged in the illegal use of a controlled substance or
substances. If the Department has made a
determination that the applicant recipient is engaged in the
illegal use of a controlled substance or substances, the applicant's request
for TANF cash benefits shall be denied recipient's TANF employability
plan will include substance abuse treatment and/or mental health counseling as
a part of the assigned work activities as set out in paragraph 4 of this
subsection. The Commission for
Department of Human Services shall adopt rules to implement the
requirements of this paragraph consistent with the following:
a. the
Department shall create a controlled substance screening process to be
administered at the time of application during the assessment process
that determines the TANF employability plan. The process shall, at a minimum, include a
Substance Abuse Subtle Screening Inventory (SASSI) or other similar screening
methods. If necessary to establish a
reasonable expectation of certainty, the Department is authorized to use
further screening methods, which may include, but are not limited to, a
clinical interview, and consideration of the Department's history
with the applicant, and an Addictions Severity Index (ASI). If the Department has reasonable cause to
believe that the applicant recipient is engaged in the illegal
use of a controlled substance or substances, the Department is authorized, though
not required, to request administration of a chemical drug test, such as
urinalysis. The cost of all such
initial screenings shall not be borne by the applicant recipient,
b. if
at any time during the controlled substance screening process, the applicant
recipient refuses to participate without good cause, that refusal
shall lead to a denial closure of TANF benefits,
c. if the Department, as
the result of a controlled substance screening process, has determined that the
applicant is engaged in the illegal use of a controlled substance or
substances, the applicant's request for TANF cash benefits shall be denied,
subject to the following:
(1) if
there has not already been a chemical drug test administered as part of the
controlled substance screening process, the applicant may submit proof of a
negative chemical drug test from a state certified laboratory to challenge the
Department's finding that the applicant is engaged in the illegal use of a
controlled substance or substances.
Proof of the chemical drug test must be submitted to the Department no
later than the tenth calendar day following denial. If denial is communicated by mail, the ten
(10) day window begins on the day after the date of mailing of the denial
notice to the applicant's last-known address.
The denial notice is considered to be mailed on the date that appears on
the notice, unless otherwise indicated by the facts,
(2) if
denied due to the provisions of this subparagraph, an applicant shall not be
approved until one (1) year has passed since the date of denial,
(a) if
the applicant is denied due to the provisions of this paragraph, the Department
shall provide a list of substance abuse treatment programs to the denied
applicant,
(b) if
an applicant has successfully complied with a recommended substance abuse
treatment program after the date of denial, the applicant may be approved for
cash benefits after six (6) months have passed since the date of denial, rather
than the required one (1) year, and
(3) if
an applicant has been denied TANF cash benefits two times due to the provisions
of this subparagraph, the applicant shall be ineligible for TANF benefits for a
period of three (3) years from the date of the second denial,
d. child-only cases and
minor parents under eighteen (18) years of age are not subject to the
provisions of this paragraph, and
e. in cases where the
application for TANF benefits is not for child-only benefits, but there is not
a parent who has been deemed eligible for cash benefits under the provisions of
this paragraph, any cash benefits for which the dependent children of the
family are still eligible shall not be affected and may be received and administered
by an appropriate third party approved by the Department for the benefit of the
members of the household;
15. 14.
a. As
a condition of participating in the STARS, all recipients are deemed to have
given authorization for the release of any and all information necessary to
allow all state and federal agencies to meet the program needs of the
recipient.
b. The
recipient shall be provided a release form to sign in order to obtain the
required information. Failure to sign
the release form may result in case closure; and
16. 15. The recipient shall comply with all other
conditions and requirements of the STARS, and rules of the Commission
promulgated pursuant thereto.
B.
1. Agencies of this state
involved in providing services to recipients pursuant to the STARS shall
exchange information as necessary for each agency to accomplish objectives and
fulfill obligations created or imposed by the STARS and rules promulgated
pursuant thereto.
2.
Information received pursuant to the STARS shall be maintained by the
applicable agency and, except as otherwise provided by this subsection, shall
be disclosed only in accordance with any confidentiality provisions applicable
to the agency originating the information.
3.
The various agencies of the state shall execute operating agreements to
facilitate information exchanges pursuant to the STARS.
C.
In implementing the TANF program, the Department shall:
1.
Provide assistance to aliens pursuant to Section 230.73 of this title;
2.
Provide for the closure of the TANF case when the adult recipient
refuses to cooperate with agreed upon work activities or other case
requirements pursuant to the TANF program;
3.
Provide for the sanctioning of parents who do not require their minor
children to attend school; and
4.
Deny temporary assistance to fugitive felons.
D.
In order to ensure that the needy citizens of this state are receiving
necessary benefits, the Department shall maintain a listing of all recipients
receiving public assistance. The listing
shall reflect each recipient's income, social security number, and the programs
in which the recipient is participating including, but not limited to, TANF,
food stamps, child care, and medical assistance.
E.
The Department is hereby authorized to establish a grant diversion
program and emergency assistance services.
SECTION 2.
This act shall become effective November 1, 2023.
Passed the
House of Representatives the 21st day of March, 2023.
Presiding
Officer of the House
of
Representatives
Passed the Senate the 26th day of
April, 2023.
Presiding
Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office
of the Governor this ____________________ day of ___________________,
20_______, at _______ o'clock _______ M.
By:
_________________________________
Approved by the
Governor of the State of Oklahoma this _________ day of ___________________,
20_______, at _______ o'clock _______ M.
_________________________________
Governor of
the State of Oklahoma
OFFICE
OF THE SECRETARY OF STATE
Received by the Office
of the Secretary of State this __________ day of ___________________,
20_______, at _______ o'clock _______ M.
By:
_________________________________