Current Status Bill Number:3251 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950112 Primary Sponsor:McElveen All Sponsors:McElveen Drafted Document Number:council\legis\bills\cyy\16373ac.95 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Responsible Parenting Act of 1995
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19950112 Introduced, read first time, 25 HJ
referred to Committee
View additional legislative information at the LPITS web site.
TO ENACT THE "RESPONSIBLE PARENTING ACT OF 1995" BY ADDING SECTION 43-5-67, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO REQUIRE PARENTS RECEIVING AID TO FAMILIES WITH DEPENDENT CHILDREN (AFDC) TO BE COUNSELED ON THE RESPONSIBILITIES OF PARENTHOOD AND ON CONTROLLING FAMILY SIZE; TO PROHIBIT AN INCREASE IN AFDC BENEFITS BECAUSE OF AN INCREASE IN THE NUMBER OF CHILDREN IN A FAMILY; TO PROVIDE THAT A FAMILY THAT DISCONTINUES RECEIVING AFDC MAY NOT INCLUDE ADDITIONAL CHILDREN IN ITS FAMILY SIZE WHEN REAPPLYING FOR BENEFITS UNLESS THE FAMILY DID NOT RECEIVE AFDC FOR TWENTY-FOUR OR MORE MONTHS; TO PROVIDE THAT A CHILD NOT INCLUDED IN THE FAMILY SIZE FOR THE PURPOSE OF THE FAMILY RECEIVING AFDC MAY RECEIVE MEDICAID IF OTHERWISE ELIGIBLE; AND TO DIRECT THE DEPARTMENT OF SOCIAL SERVICES TO APPLY FOR A WAIVER IF NECESSARY TO IMPLEMENT THIS ACT.
Whereas, the welfare system was developed in our country to assist families unable to provide for their basic needs and to provide a foundation for families to better themselves; and
Whereas, this system has often failed to be the springboard to self-sufficiency and independence it was thought to be; and
Whereas, too many families and even generations of families have grown increasingly dependent on the welfare system and unable to break the welfare cycle; and
Whereas, welfare policy should promote pride, responsibility, and independence and should assist families in breaking the welfare cycle rather than rewarding continuation in the system; and
Whereas, a growth in family size and the commensurate increase in benefits makes it more difficult for families to escape the grips of welfare; and
Whereas, nonwelfare families receive no increase in their incomes for increasing family size; and
Whereas, removing incentives that may exist for increasing family size while on welfare and thereby aiding families in leaving welfare is a policy that is both practical and compassionate. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the "Responsible Parenting Act of 1995."
SECTION 2. The 1976 Code is amended by adding:
"Section 43-5-67. (A) Before a family qualified to receive Aid to Families with Dependent Children (AFDC) may receive benefits, the mother and the father, if he is living in the home, must be counseled on the responsibilities of parenthood and on options for controlling the size of a family, including birth control and abstinence.
(B) From the date of enactment of this act, payments of AFDC to an individual or family must be based upon the number of children or family size at the time of the initial application. The benefits for families or individuals presently receiving AFDC or who applied for benefits between January 1, 1995, and the effective date of this act must be based on family size as of the last certification before the effective date of this act in the first instance and on verified family size stated in the application in the latter instance. In no event shall benefits be increased because of an increase in the number of children or family size during the time AFDC is received.
(C) A family that discontinues receiving AFDC benefits for any reason and which subsequently reapplies for benefits may not include any more children in the family size for determining the amount of AFDC than were included in the family size at the time benefits were discontinued, unless the family did not receive AFDC for twenty-four months or more.
(D) A child not included in the family size for the purpose of determining the amount of AFDC benefits a family may receive pursuant to this section may receive Medicaid if the child is otherwise entitled.
(E) The Department of Social Services shall carry out the provisions of this section including developing the necessary forms to be used and may promulgate regulations if necessary."
SECTION 3. If it is necessary to obtain a waiver from the federal government to implement Section 43-5-67 of the 1976 Code, as added by Section 2 of this act, without the risk of a substantial monetary sanction, the Department of Social Services shall proceed immediately to prepare and apply for the waiver. However, if the waiver is denied, this act does not become effective unless the General Assembly in its next appropriations act after the denial approves the implementation of this act.
SECTION 4. This act takes effect upon approval by the Governor.