S 615 Session 111 (1995-1996)
S 0615 General Bill, By Moore, Elliott, Land, Lander, Leventis, Rankin, Reese,
Short and Washington
Similar(H 3613)
A Bill to enact the South Carolina Welfare Reform and Responsibility Act of
1995 so as to establish the state welfare policy.
03/08/95 Senate Introduced and read first time SJ-8
03/08/95 Senate Referred to Committee on General SJ-8
A BILL
TO ENACT THE SOUTH CAROLINA WELFARE REFORM
AND RESPONSIBILITY ACT OF 1995 SO AS TO ESTABLISH
THE STATE WELFARE POLICY; TO REQUIRE THE
DEPARTMENT OF SOCIAL SERVICES TO APPLY TO THE
FEDERAL GOVERNMENT FOR AFDC RECIPIENTS WAIVERS
TO ALLOW IMPOSITION OF SANCTIONS FOR CLIENT
NONCOMPLIANCE; TO REQUIRE AFDC CLIENTS TO ENTER
INTO AGREEMENTS WITH THE DEPARTMENT OF SOCIAL
SERVICES IN ORDER TO RECEIVE BENEFITS; TO DIRECT
ALL APPLICABLE STATE AGENCIES TO FORM
COMMUNITY WORK GROUPS TO REDUCE WELFARE
DEPENDENCY; TO DIRECT THE EMPLOYMENT SECURITY
COMMISSION TO DESIGNATE A SEPARATE DIVISION AT
ALL LOCAL LEVELS TO DEAL EXCLUSIVELY WITH
WELFARE RECIPIENTS IN SECURING LONG-TERM
EMPLOYMENT; TO AMEND THE 1976 CODE BY ADDING
SECTION 12-7-1280 SO AS TO PROVIDE TAX CREDITS TO
BUSINESSES AND INDIVIDUAL TAXPAYERS WHO HIRE OR
ASSIST IN SECURING EMPLOYMENT FOR WELFARE
RECIPIENTS; TO INITIATE STRATEGIES DIRECTED AT
PREVENTIVE HEALTH SERVICES INCLUDING TEENAGE
PREGNANCY PREVENTION, PRENATAL CARE, CHILDHOOD
IMMUNIZATIONS, SUBSTANCE ABUSE INTERVENTION,
AND ACCESS TO CLINIC SERVICES; TO REQUIRE
COMPULSORY SCHOOL ATTENDANCE THROUGH AGE
EIGHTEEN FOR ALL AFDC RECIPIENTS; TO DEVELOP A
PROGRAM TO PROMOTE STATE AGENCY HIRING OF
AFDC RECIPIENTS; TO LIMIT AFDC ASSISTANCE TO
THIRTY-SIX MONTHS AND TO PROVIDE EXCEPTIONS; TO
REQUIRE AFDC RECIPIENTS TO ATTAIN JOB TRAINING
GOALS AS ESTABLISHED BY COLLABORATIVE EFFORTS
BETWEEN THE DEPARTMENT OF SOCIAL SERVICES AND
THE EMPLOYMENT SECURITY COMMISSION; TO DIRECT
ALL APPLICABLE STATE AGENCIES TO REVIEW, REVISE,
AND DEVELOP EFFICIENT AND EFFECTIVE
ADMINISTRATIVE PROCEDURES INCLUDING THE
SIMPLIFICATION OF PUBLIC ASSISTANCE FORMS,
PROCUREMENT PROCEDURES, ELIGIBILITY
DETERMINATIONS, ACCESS TO CHILD DAY CARE
SERVICES, AND ENHANCED UTILIZATION OF COMPUTER
TECHNOLOGY FOR SHARING AMONG MULTIPLE
AGENCIES; TO AMEND THE 1976 CODE BY ADDING
SECTION 20-7-937 SO AS TO REQUIRE THE PATERNAL
PARENT OF A CHILD TO SUPPORT A GRANDCHILD IF THE
PARENT OF THE GRANDCHILD IS UNDER EIGHTEEN
YEARS OF AGE, WITH EXCEPTIONS; TO REQUIRE AFDC
RECIPIENTS TO PROVIDE ADDITIONAL INFORMATION ON
FATHERS AS A CONDITION OF ELIGIBILITY; TO REQUIRE
AFDC RECIPIENTS TO ENTER AN ALCOHOL OR
SUBSTANCE ABUSE PROGRAM UNDER CERTAIN
CONDITIONS; TO REVISE INCOME AND ASSET LIMITS FOR
AFDC ELIGIBILITY.
Be it enacted by the General Assembly of the State of South
Carolina:
Part I
State Welfare Policy
SECTION 1. This act may be cited as the South Carolina
Reform and Responsibility Act of 1995.
SECTION 2. It is the policy of this state that the welfare system
must be based upon a reciprocal agreement between welfare
recipients and taxpayers. There also must exist a common goal and
vision between the parties, working together at the community level
to make life better for all. It must assist families to become
economically independent, provide tools to achieve and maintain
self-sufficiency, and deter abuse of the system through fair and
meaningful sanctions.
Part II
Definitions
SECTION 1. As used in this act:
(1) `Aid to Families with Dependent Children' or 'AFDC'
means cash payments or stipends paid to individuals who meet
established eligibility criteria.
(2) `Welfare' means cash assistance payments through the Aid
to Families with Dependent Children program which must be
provided as a stipend to assist families to become employed.
Part III
Employment and Training
SECTION 1. It is directed that the General Assembly restructure
the welfare system in South Carolina to assist families in poverty to
become economically independent. Cooperation and coordination
among all state agencies and local governments are necessary for
this to be successful. In so doing, efforts must be both effective
and efficient, avoiding duplication of services at any level.
Inasmuch that the Employment Security Commission has offices
throughout the state, and is the primary source for most job
vacancies, it is directed that this agency set up a separate division in
each local office in dealing with AFDC job applicants. Referrals
may be made to the Commission by the Department of Social
Services to assist the recruiting process. Collaboration teams made
up of ESC, DSS, Vocational Rehabilitation, and any other
agency(ies) shall set forth a plan and a time-limited goal for each
AFDC recipient to ascertain whether the recipient requires
additional training, or is available for immediate gainful
employment. DSS shall be responsible for retaining copies of all
plans/goals for each individual recipient's file. Welfare assistance
must be provided as a stipend to a family unit as long as there is
satisfactory participation in required employment and training
activities.
SECTION 2. (A) To emphasize the reciprocal responsibility
that exists between welfare recipients and the taxpayers, an
agreement must be signed by each adult AFDC recipient. In the
case of a minor mother living in the home of her parents or legal
guardian, the minor mother and her parent or guardian must sign
the agreement. The agreement shall describe the necessary actions
of the recipient in becoming employed and the time frames
involved for completion of those actions. The agreement shall also
describe the services all applicable state agencies will provide and
coordinate to assist the recipient in becoming gainfully employed.
Assistance shall also include, but not be limited to, Employment
Security Commission's job specialists, DSS's economic activity
specialists, independent financial planners, personal, social, or other
working adjustment training specialists. Additionally, qualified
local citizens within each community may volunteer to assist the
agencies in this endeavor.
(B) An applicant who appears to be eligible for welfare
assistance and who is required or volunteers to participate in the
employment and training program shall be referred by DSS to ESC.
An applicant referred for an initial job search shall provide evidence
by listing the employer visited, the date of the visit, and a signature
of the person with whom the applicant visited. An applicant who
does not provide this information shall not be approved for
assistance until the information is furnished. A joint assessment by
the local collaboration team of state agencies must be conducted on
an applicant who is unsuccessful in securing gainful employment to
determine if the applicant needs additional training. In the event
additional training is required, the local collaboration team shall
contact the area technical schools, vocational rehabilitation or any
other governmental or business entity to assist and coordinate
further necessary actions.
(C) The Department of Social Services shall provide all
applicants with the necessary information that will be provided or
coordinated by the local collaboration team. The collaboration team
shall also market its employment and training program to employers
and other related entities in the community.
SECTION 3. The local collaboration teams, as part of their
reporting requirements, shall provide input, on at least a quarterly
basis, the results of their efforts to the Governor's Office, the
Senate Judiciary Committee, and the House Judiciary Committee.
Current allocated resources among all state agencies of the
collaboration teams shall be utilized, avoiding any duplication of
services.
SECTION 4. Relocation assistance may be provided to families,
where appropriate and approved by the local collaboration teams, in
job depressed areas of the state.
SECTION 5. Chapter 7, Title 12 of the 1976 Code is amended
by adding:
"Section 12-7-1290. (A) A taxpayer, who employs a
person who within twelve months of becoming gainfully employed
received AFDC benefits and who continuously has remained
gainfully employed for twelve months, is allowed a tax credit
against taxes due under this chapter for wages paid to the employee
in an amount equal to:
(1) twenty-five percent of wages up to five thousand dollars
paid for the first year of employment;
(2) twenty percent of wages paid up to five thousand dollars
paid for the second year of employment;
(3) fifteen percent of wages paid up to five thousand dollars
paid for the third year of employment.
(B)An individual taxpayer, who volunteers and assists in the
employment training of a person who within twelve months of
becoming gainfully employed received AFDC benefits, is allowed a
tax credit against taxes due on his individual tax return under this
chapter in an amount equal to two hundred and fifty dollars,
provided that taxpayer rendered at least one hundred hours of
volunteer assistance service.
(C) The Department of Social Services and the Employment
Security Commission must make information available to employers
interested in hiring AFDC recipients and must provide
documentation to employers verifying a person's status as an AFDC
recipient. Additionally, these agencies must maintain records and
time logs for all individual taxpayer volunteers who have assisted in
the job training sessions of an AFDC recipient. This information
will be reported to the individuals, as well as the proper taxing
authorities.
(D) This section applies to tax years beginning after
1994."
SECTION 6. Each state agency shall develop a program to
promote the hiring of qualified AFDC recipients. Although no set
quotas or goals will be mandated, each agency is encouraged to
consider those that are qualified for vacancies that occur requiring a
high school diploma or less. An annual report shall be submitted to
the Governor's Office, detailing the number of AFDC recipients
hired. This report shall be due no later than sixty days after the
close of each state fiscal year.
Part IV
Self-Sufficiency Initiatives
SECTION 1. (A) To emphasize the necessity of each family
achieving economic independence and self-sufficiency, the
Department of Social Services shall institute more meaningful
sanctions for failure or refusal to comply with the employment and
training agreement entered into between the agency and the welfare
recipient. DSS shall apply to the federal government for a waiver
to allow sanctions to be imposed in the following manner:
(1) grant a thirty-day conciliation period for the recipient to
reconsider the decision not to comply with the terms of the
agreement. During this thirty-day period, the recipient has the right
to appeal DSS's decision to impose sanctions. After the thirty-day
conciliation period, if the fair hearing is not in the recipient's favor,
all AFDC benefits must be terminated. Benefits may be reinstated
when the recipient agrees to comply with the terms of the
agreement and demonstrates a willingness to comply in the
employment and training program for a period of thirty days.
(2) terminate all AFDC benefits if the recipient completes the
training program and then refuses to accept an offer of gainful
employment.
(3) terminate all AFDC benefits for a period of three months
if the recipient voluntarily or involuntarily, with due cause,
terminates gainful employment. The recipient may participate in
additional training sessions, but benefits will be ineligible during
this penalty phase.
(B) A recipient has good cause for failing to comply with the
employment and training provisions of the agreement if the
recipient is:
(1) a parent or caretaker relative of a child under nine months
of age;
(2) at least five months pregnant, with verification of the
pregnancy by a licensed health care provider;
(3) incapacitated and the incapacity is verified by a licensed
physician, and is determined by the physician that the incapacity
prevents the recipient from engaging in gainful employment or
participating in the training program;
(4) caring for an incapacitated person as verified by a
licensed physician;
(5) unable to participate because child care and reasonable
transportation were not available or provided when needed in
participation in the employment and training programs.
SECTION 2. To emphasize that welfare is temporary assistance
in time of trouble, the Department of Social Services shall apply to
the federal government for a waiver authorizing assistance in the
AFDC program to be limited to no more than thirty-six months out
of one hundred and twenty months and no more than seventy-two
months in a lifetime except when:
(1) the head of the household is disabled, whether mentally or
physically, as verified by a licensed physician;
(2) the head of the household is providing full-time care for a
disabled individual in the home;
(3) the parent of a child for whom assistance is received is a
minor under the age of eighteen who has not completed high
school. Assistance must be provided for a period up to twenty-four
months after the minor parent attains the age of eighteen, or
completes high school, whichever occurs first;
(4) the adult head of household is not the parent of the child
and is not included in the assistance check;
(5) the adult head of household is providing a home for and
caring for a child who has been determined to be abandoned by the
parents and for whom the alternative placement is foster care;
(6) child care or transportation is not readily available.
SECTION 3. To remove the disincentive to employment that
occurs when a family's AFDC payment is reduced because of a
minor child's earnings and to encourage children in AFDC families
to develop positive work attitudes, the Department of Social
Services shall apply to the federal government for a waiver to
exclude income earned by a minor child attending school when
determining eligibility or payment amount for aid to families with
dependent children.
SECTION 4. In order to assist families receiving AFDC benefits
in gaining financial independence and in building for the future, the
Department of Social Services shall apply to the federal government
for a waiver to exclude interest income and dividends in
determining eligibility or payment amount for aid to families with
dependent children.
SECTION 5. In order to assist AFDC families in fulfilling their
obligations to participate in the employment and training programs
or to assure their ability to get to their place of employment by
having reliable transportation, DSS shall apply to the federal
government for a waiver to remove the one thousand five hundred
dollars equity value resource limit on a vehicle so as to allow a
family one vehicle without regard to value.
Part V
Parental Responsibility
SECTION 1. To encourage parents to plan for security and
assume responsibility for their children, there must be no
incremental increase in AFDC benefits to a family as a result of a
child born to that parent eleven or more months after the family
begins to receive AFDC benefits. This section does not apply if it
is determined that the child was conceived as a result of rape or
incest. The State may provide benefits to a child after eleven
months in the form of vouchers for particular goods and services as
specified by the State.
SECTION 2. An AFDC recipient who, while receiving AFDC
benefits, has been identified as requiring alcohol and other
substance abuse treatment services as verified by a licensed health
care provider or who has been convicted of an alcohol related
offense or a controlled substance violation or gives birth to a child
in whose system drugs are found to be present as shown by blood
analysis performed at birth, shall be reported to Child Protective
Services Division of the Department of Social Services. To the
extent that the law allows, AFDC benefits will be suspended until
such time the parent enrolls in an alcohol or other substance abuse
treatment program available through the Department of Alcohol and
Other Drug Abuse Services.
SECTION 3. Welfare recipients under the age of eighteen who
have not finished high school must be enrolled and maintain
satisfactory attendance, as defined by the Department of Education,
in school as a condition of eligibility for benefits.
SECTION 4. To eliminate restrictions that break up families and
to encourage the formation of new families, DSS shall remove the
requirement that a child be deprived of support from one or both
parents to be eligible for assistance and shall remove the one
hundred hour rule and the recent connection to the labor force rule.
SECTION 5. The State shall apply for a federal waiver to
require AFDC and Medicaid applicants and recipients as an
additional condition for receiving benefits to provide:
(1) the first and last name of the absent parent and putative
father and any known business, occupational, professional or
driver's license; and
(2) at least two of the following subitems on each absent
parent and each putative father named:
(a) date of birth;
(b) social security number;
(c) last known home address;
(d) last known employer's name and address;
(e) either of the absent parent's name and address.
An applicant or recipient who fails to provide this information or
who provides the names of two putative fathers, both of whom are
excluded from paternity by genetic testing, is ineligible for
assistance for himself or herself and the child for whom parental
information was not provided unless the applicant or recipient
asserts, and it is verified, there is good cause for not providing the
information. Good cause includes documentation of incest,rape, or
the existence or the threat of physical or sexual abuse to the child
or custodial parent.
Part VI
Child Support Enforcement
SECTION 1. Chapter 7, Title 20 of the 1976 Code is amended
by adding:
"Section 20-7-937. When a child is born to parents, either
or both whom are unmarried and under eighteen years of age and
live with his or her parents, the Child Support Enforcement
Division of the State Department of Social Services may pursue
support and maintenance of that child, including health insurance,
from the child's paternal grandparents as long as the parent of the
child is under eighteen years of age and resides with the child's
grandparents, except:
(a) when the maternal grandparents do not allow the child's
father to visit with the child;
(b) when the maternal grandparents do not allow the child's
father or the paternal grandparents to pay child support.
In cases of the preceding exceptions, the Child Support
Enforcement Division of the State Department of Social Services
may pursue support and maintenance of the child, including health
insurance from the maternal grandparents."
Part VII
Preventive Services
SECTION 1. The Department of Health and Environmental
Control and the Department of Health and Human Services Finance
Commission shall develop a joint task force of reproductive health
care providers and professionals to develop incentives to increase
physician participation in the Medicaid program in order to provide
better access to comprehensive family planning and prenatal care
for Medicaid clients.
SECTION 2. The Department of Health and Human Services
Finance Commission shall establish a task force to explore ways to
provide support and funding for a statewide teen pregnancy
prevention council coordinator to provide information and technical
assistance to local teen pregnancy prevention councils.
SECTION 3. To assist AFDC families in directing their efforts
to becoming economically stable and financially independent rather
than diverting their resources to the care of children and family
members with health and medical problems, the State, through
coordination and cooperation among various agencies utilizing
current resources, must:
(1) provide greater access to place more emphasis on early and
continuous prenatal care;
(2) eliminate as many barriers to good prenatal care as possible;
(3) establish teen parent initiatives dealing with school drop out
programs, parent effectiveness training programs, and family
planning programs;
(4) promote counseling and education about early childhood
health, especially the need for immunizations;
(5) foster better access to preventive health services through
expanded hours of health care clinics;
(6) provide, as funding allows, school nurses to increase access
to primary care and more effective identification and referral of
health care among children.
Part VIII
Administrative Reforms
SECTION 1. The Department of Social Services, with existing
resources and personnel, shall develop simplified AFDC, Medicaid
and food stamp application forms and instructions which are
understandable. If necessary, for compliance with federal
regulations, DSS shall apply to the federal government for waivers.
SECTION 2. The Department of Social Services and the
Department of Health and Human Services Finance Commission
shall review and, to the extent possible, ensure that federal and state
procurement and purchasing regulations do not unnecessarily delay
services to AFDC clients and child care and transportation providers
to AFDC clients.
SECTION 3. (A) All applicable state agencies shall adopt
Electronic Data Interchange Standards as set forth by the Budget
and Control Board, Office of research and Statistics Information
Resource Planning and Management so that exchanges and sharing
of information concerning AFDC clients and revenue sources are
freely available. However, in the exchange and sharing of
information all requirements for confidentiality of information must
be maintained.
(B) For the next two years each applicable state agency shall
report to the Budget and Control Board, Division of Information
Resource Technology before January first on the agency's progress
and compliance with this section and its utilization of the system
created as a result of this action.
SECTION 4. The Department of Social Services in conjunction
with the Department of Education shall:
(1) ensure that existing continuing education and adult education
programs are designed to advance AFDC clients in attaining self-sufficiency and that the location, scheduling, and other mechanics
of these programs are structured so as to maximize access by AFDC
clients;
(2) endorse and promote school-to-work transition programs to
link at-risk secondary school students to the workplace and to
appropriate work related post-secondary education.
SECTION 5. (A) The Department of Social Services in
conjunction with the State Board for Technical and Comprehensive
Education shall:
(1) work closely with businesses and industries in South
Carolina to design curriculums to produce students with skills
needed by these businesses and industries;
(2) develop specially designed curriculums that target and
train AFDC clients for occupations identified by the Employment
Security Commission as the top growth occupations of the future.
(B) For the next three years the Department of Social Services
and the State Board for Technical Education shall report before
January first to the Governor and the General Assembly on the
projects completed under this section, the number of AFDC families
served, and shall evaluate their effectiveness in assisting AFDC
families in becoming self-sufficient.
SECTION 6. This act takes effect upon approval by the
Governor except for those provisions that require approval of
federal waivers, whereby they take effect ninety days after receipt
of federal approval or ninety days after federal law permits
implementation.
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