S 531 Session 112 (1997-1998)
S 0531 General Bill, By Martin, Alexander, Moore, Ryberg, Short, J.V. Smith,
Washington and Wilson
Similar(H 3650)
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
20-7-515 SO AS TO PROVIDE PROCEDURES FOR THE DEPARTMENT OF SOCIAL SERVICES
ISSUING A NOTICE OF FINANCIAL RESPONSIBILITY TO PERSONS OWING CHILD SUPPORT;
TO AMEND SECTION 12-6-3470, AS AMENDED, RELATING TO THE EMPLOYER TAX CREDIT
FOR EMPLOYING PERSONS WHO RECEIVED AID TO FAMILIES WITH DEPENDENT CHILDREN
(AFDC), SO AS TO CHANGE AFDC TO FAMILY INDEPENDENCE, TO REVISE HEALTH
INSURANCE REQUIREMENTS TO OBTAIN THE TAX CREDIT AND TO REVISE PROCEDURES FOR
EMPLOYERS OBTAINING INFORMATION ON THE AVAILABILITY OF POTENTIAL EMPLOYEES; TO
AMEND SECTION 20-7-941, RELATING TO LICENSE REVOCATION FOR NONPAYMENT OF CHILD
SUPPORT, SO AS TO REVISE THE DEFINITION OF "LICENSE" WITH REGARD TO HUNTING,
FISHING, OR TRAPPING; TO AMEND SECTION 20-7-944, AS AMENDED, RELATING TO
LICENSING ENTITIES WHICH MUST PROVIDE INFORMATION TO THE DEPARTMENT OF SOCIAL
SERVICES FOR CHILD SUPPORT ENFORCEMENT, SO AS TO REVISE THE FORM IN WHICH THIS
INFORMATION MUST BE PROVIDED; TO AMEND SECTION 20-7-9520, AS AMENDED, RELATING
TO SERVING A NOTICE OF FINANCIAL RESPONSIBILITY ON PERSONS OWING CHILD SUPPORT
DEBTS, SO AS TO PROVIDE NOTICE FOR A RESCHEDULED OR SUBSEQUENT HEARING; TO
AMEND SECTION 20-7-9530, AS AMENDED, RELATING TO PROCEDURES FOR FAILING TO
APPEAR FOR A NEGOTIATION CONFERENCE CONCERNING A CHILD SUPPORT OBLIGATION, SO
AS TO REQUIRE THE CONFERENCE TO BE RESCHEDULED IF THE PERSON DID NOT RECEIVE
PROPER NOTICE; TO AMEND ARTICLE 1, CHAPTER 5, TITLE 43, RELATING TO PUBLIC AID
AND ASSISTANCE, SO AS TO, AMONG OTHER THINGS, CONFORM PROVISIONS TO THE FAMILY
INDEPENDENCE ACT OF 1995, TO REVISE PROVISIONS TO ASSIST IMPLEMENTING THAT ACT
AND TO DELETE OBSOLETE PROVISIONS; TO AMEND SECTION 43-5-580, AS AMENDED,
RELATING TO ENFORCEMENT OF SUPPORT OBLIGATIONS OF ABSENT PARENTS, SO AS TO
REVISE THE DEFINITION OF AN APPLICANT FOR FAMILY INDEPENDENCE BENEFITS; TO
AMEND SECTION 43-5-1110, RELATING TO DEFINITIONS IN THE SOUTH CAROLINA FAMILY
INDEPENDENCE ACT OF 1995, SO AS TO CHANGE THE TERM "AFDC" TO "FAMILY
INDEPENDENCE"; TO AMEND SECTION 43-5-1120, RELATING TO EMPLOYMENT AND TRAINING
PROGRAMS FOR FAMILY INDEPENDENCE APPLICANTS, SO AS TO PROVIDE THAT REFERRING
CERTAIN APPLICANTS TO A JOB CLUB IS OPTIONAL RATHER THAN MANDATORY; TO AMEND
SECTION 43-5-1135, RELATING TO STATE AGENCY GOALS TO EMPLOY WELFARE
RECIPIENTS, SO AS TO CONFORM TE
03/12/97 Senate Introduced and read first time SJ-5
03/12/97 Senate Referred to Committee on General SJ-5
04/30/97 Senate Committee report: Favorable with amendment
General SJ-10
05/06/97 Senate Amended SJ-16
05/06/97 Senate Read second time SJ-16
05/06/97 Senate Ordered to third reading with notice of
amendments SJ-16
05/08/97 Senate Read third time and sent to House SJ-9
05/13/97 House Introduced and read first time HJ-3
05/13/97 House Referred to Committee on Ways and Means HJ-5
Indicates Matter Stricken
Indicates New Matter
COMMITTEE AMENDMENT ADOPTED
May 6, 1997
S. 531
Introduced by Senators Martin, Wilson, J. Verne Smith, Short,
Moore, Washington, Ryberg and Alexander
S. Printed 5/6/97--S.
Read the first time March 12, 1997.
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING SECTION 20-7-515 SO AS TO PROVIDE
PROCEDURES FOR THE DEPARTMENT OF SOCIAL
SERVICES ISSUING A NOTICE OF FINANCIAL
RESPONSIBILITY TO PERSONS OWING CHILD SUPPORT; TO
AMEND SECTION 12-6-3470, AS AMENDED, RELATING TO
THE EMPLOYER TAX CREDIT FOR EMPLOYING PERSONS
WHO RECEIVED AID TO FAMILIES WITH DEPENDENT
CHILDREN (AFDC), SO AS TO CHANGE AFDC TO FAMILY
INDEPENDENCE, TO REVISE HEALTH INSURANCE
REQUIREMENTS TO OBTAIN THE TAX CREDIT AND TO
REVISE PROCEDURES FOR EMPLOYERS OBTAINING
INFORMATION ON THE AVAILABILITY OF POTENTIAL
EMPLOYEES; TO AMEND SECTION 20-7-941, RELATING TO
LICENSE REVOCATION FOR NONPAYMENT OF CHILD
SUPPORT, SO AS TO REVISE THE DEFINITION OF
"LICENSE" WITH REGARD TO HUNTING,
FISHING, OR TRAPPING; TO AMEND SECTION 20-7-944, AS
AMENDED, RELATING TO LICENSING ENTITIES WHICH
MUST PROVIDE INFORMATION TO THE DEPARTMENT OF
SOCIAL SERVICES FOR CHILD SUPPORT ENFORCEMENT,
SO AS TO REVISE THE FORM IN WHICH THIS
INFORMATION MUST BE PROVIDED; TO AMEND SECTION
20-7-9520, AS AMENDED, RELATING TO SERVING A NOTICE
OF FINANCIAL RESPONSIBILITY ON PERSONS OWING
CHILD SUPPORT DEBTS, SO AS TO PROVIDE NOTICE FOR A
RESCHEDULED OR SUBSEQUENT HEARING; TO AMEND
SECTION 20-7-9530, AS AMENDED, RELATING TO
PROCEDURES FOR FAILING TO APPEAR FOR A
NEGOTIATION CONFERENCE CONCERNING A CHILD
SUPPORT OBLIGATION, SO AS TO REQUIRE THE
CONFERENCE TO BE RESCHEDULED IF THE PERSON DID
NOT RECEIVE PROPER NOTICE; TO AMEND ARTICLE 1,
CHAPTER 5, TITLE 43, RELATING TO PUBLIC AID AND
ASSISTANCE, SO AS TO, AMONG OTHER THINGS,
CONFORM PROVISIONS TO THE FAMILY INDEPENDENCE
ACT OF 1995, TO REVISE PROVISIONS TO ASSIST
IMPLEMENTING THAT ACT AND TO DELETE OBSOLETE
PROVISIONS; TO AMEND SECTION 43-5-580, AS AMENDED,
RELATING TO ENFORCEMENT OF SUPPORT OBLIGATIONS
OF ABSENT PARENTS, SO AS TO REVISE THE DEFINITION
OF AN APPLICANT FOR FAMILY INDEPENDENCE
BENEFITS; TO AMEND SECTION 43-5-1110, RELATING TO
DEFINITIONS IN THE SOUTH CAROLINA FAMILY
INDEPENDENCE ACT OF 1995, SO AS TO CHANGE THE
TERM "AFDC" TO "FAMILY
INDEPENDENCE"; TO AMEND SECTION 43-5-1120,
RELATING TO EMPLOYMENT AND TRAINING PROGRAMS
FOR FAMILY INDEPENDENCE APPLICANTS, SO AS TO
PROVIDE THAT REFERRING CERTAIN APPLICANTS TO A
JOB CLUB IS OPTIONAL RATHER THAN MANDATORY; TO
AMEND SECTION 43-5-1135, RELATING TO STATE AGENCY
GOALS TO EMPLOY WELFARE RECIPIENTS, SO AS TO
CONFORM TERMS AND TO ESTABLISH ADDITIONAL
GOALS; TO AMEND SECTION 43-5-1150, RELATING TO THE
JOB TRAINING AND PARTNERSHIP ACT (JTPA) INCENTIVE
FUNDS, SO AS TO ESTABLISH A GOAL OF FORTY PERCENT
OF FAMILY INDEPENDENCE RECIPIENTS PARTICIPATING
IN JTPA PROGRAMS; TO AMEND SECTION 43-5-1185,
RELATING TO FAMILY SKILLS TRAINING PROGRAMS, SO
AS TO MAKE PARTICIPATION IN THIS PROGRAM BASED
ON NEED RATHER THAN REQUIRED AS A CONDITION OF
ELIGIBILITY; TO AMEND SECTION 43-5-1190, RELATING TO
AFDC ELIGIBILITY REQUIREMENTS, SO AS TO CONFORM
TERM TO "FAMILY INDEPENDENCE"
ELIGIBILITY; TO AMEND SECTION 43-5-1200, RELATING TO
VEHICLE AND OTHER ASSET LIMITS FOR AFDC
ELIGIBILITY, SO AS TO CONFORM TERMS AND EXEMPT
ONE VEHICLE FROM THE ASSET LIMIT; TO REPEAL
SECTION 43-1-130, RELATING TO THE FEDERAL WORK
INCENTIVE PROGRAM; AND TO REPEAL SECTIONS 43-5-510,
43-5-520, 43-5-530, 43-5-540, 43-5-550, 43-5-560, 43-5-570, AND
43-5-640, ALL RELATING TO THE SOUTH CAROLINA
EMPLOYABLES PROGRAM ACT.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 20-7-9515. The director shall issue a notice of financial
responsibility to an obligor who owes a child support debt or who is
responsible for the support of a child on whose behalf the custodian
of that child is receiving support enforcement services from the
division pursuant to Title IV-D of the Social Security Act. The
notice shall state that:
(1) the obligor is required to appear at the time and location
indicated in the notice for a negotiation conference to determine the
obligor's duty of support;
(2) the division may issue an order of default setting forth the
amount of the obligor's duty of support, if the obligor:
(a) fails to appear for the negotiation conference as scheduled
in the notice; and
(b) fails to reschedule a negotiation conference before the date
and time stated in the notice or within thirty days of service of the
notice of financial responsibility, whichever is later; or
(c) fails to send the division a written request for a court hearing
before the time scheduled for the negotiation conference or within
thirty days of service of the notice of financial responsibility,
whichever is later."
SECTION 2. Section 12-6-3470 of the 1976 Code, as last amended
by Act 462 of 1996, is further amended to read:
"Section 12-6-3470. (A) A taxpayer An employer
who employs a person who received Aid to Families with
Dependent Children Family Independence payments
within this State for three months before becoming
immediately preceding the month the person becomes
employed is eligible for an income tax credit of:
(1) twenty percent of the wages paid to the employee for each
full month of employment for the first twelve months of employment;
(2) fifteen percent of the wages paid to the employee for each
full month of employment during the second twelve months of
employment;
(3) ten percent of the wages paid to the employee for each full
month during the third twelve months of employment.
The maximum aggregate credit that may be claimed in a tax year
for a single employee under this subsection and Section 12-6-3360 is
five thousand five hundred dollars.
(B) In addition to the credits provided for in subsection (A) and
Section 12-6-3360, a taxpayer an employer who
employs a person who received AFDC Family
Independence payments within this State for three months
before becoming immediately preceding the month the
person becomes employed and employs that person to work full
time in a least developed county, as defined in Section 12-6-3360, is
allowed a credit in an amount equal to one hundred seventy-five
dollars for each full month during the first thirty-six months of
employment.
(C) The income tax credit provided by subsection (A) is not
allowed unless the taxpayer employer also makes
available full individual or participating family health care
coverage paid for in part or in whole by the employer for the
benefit of each qualified employee for which the credit is earned
on the same basis that it is provided for other comparable
employees. This credit is allowed from the date of hire for each full
month of employment notwithstanding an employer imposed waiting
period which must not exceed twelve months.
(D) The Department of Social Services and the South Carolina
Employment Security Commission must make information available
to employers interested in hiring AFDC Family
Independence recipients and must provide documentation to
employers verifying a person's status as an AFDC recipient. An
employer shall request documentation as to AFDC eligibility from
the South Carolina Employment Security Commission in writing
within five days of employment. The commission has sixty days in
which to either issue or deny this documentation. An
employer shall submit an employee release and shall request in
writing certification of Family Independence eligibility from the
Department of Social Services by the fifteenth day of the first month
after the end of the taxable year in which the employer hires the
Family Independence recipient. The department has thirty days from
the date the employer submits the employee release and request in
which to approve or deny in writing certification of Family
Independence eligibility.
(E) No income tax credit provided for in subsection (A) may be
taken under this section if the position filled by the former AFDC
recipient was made available due to the termination or forced
resignation of an employee for the purpose of obtaining the tax credit.
Nothing in this section creates a private cause of action which does
not otherwise exist at law.
(F) A credit claimed under this section but not used in a taxable
year may be carried forward fifteen years from the taxable year in
which the credit is earned.
(G) For purposes of this section, 'Family Independence
payments' means financial assistance provided under Title IV, Part
A of the Social Security Act."
SECTION 3. Section 20-7-941(4) of the 1976 Code, as added by
Act 102 of 1995, is amended to read:
"(4) 'License' means:
(a) a certificate, license, credential, permit, registration, or any
other authorization issued by a licensing entity that allows an
individual or is required of an individual to engage in a business,
occupation, or profession and includes, but is not limited to, a
medical license, teaching certificate, commission and certificate of
training from the South Carolina Criminal Justice Academy for a
sworn law enforcement officer, and a hunting, fishing, or trapping
license for commercial use and the privilege to hunt, fish, or trap
or hold a hunting, fishing, or trapping license for commercial
use;
(b) a driver's license and includes, but is not limited to, a
beginner's or instruction permit, a restricted driver's license, a
motorcycle driver's license, or a commercial driver's license;
(c) a hunting, fishing, or trapping license for recreational
purposes and the privilege to hunt, fish, or trap or hold a hunting,
fishing, or trapping license for recreational purposes;
(d) a watercraft registration."
SECTION 4. Section 20-7-944 of the 1976 Code, as last amended
by Act 459 of 1996, is further amended to read:
"Section 20-7-944. In the manner and form prescribed by the
division, All all licensing entities monthly shall provide
the division information on licensees for use in the establishment,
enforcement, and collection of child support obligations including,
but not limited to:
(1) name;
(2) address of record;
(3) social security number;
(4) employer's name and address;
(5) type of license;
(6) effective date of license or renewal;
(7) expiration date of license;
(8) active or inactive license status.
If the information is in the licensing entity's records, the
information must be submitted in the form maintained by the
licensing entity, unless otherwise agreed upon by the licensing
entity."
SECTION 5. Section 20-7-9520 of the 1976 Code, as last amended
by Act 452 of 1996, is further amended to read:
"Section 20-7-9520. (A) The division shall serve a
notice of financial responsibility on the obligor not less than thirty
days before the date stated in the notice for the negotiation
conference:
(1) in the manner prescribed for service of process in a civil
action; or
(2) by an employee appointed by the division to serve process;
or
(3) by certified mail, return receipt requested, signed by the
obligor only. The receipt is prima facie evidence of service.
(B) Notice of a rescheduled negotiation conference must be
served on the obligor not less than ten days before the date stated in
the notice of continuance of negotiation conference."
SECTION 6. Section 20-7-9530 of the 1976 Code, as last amended
by Act 452 of 1996, is further amended to read:
"Section 20-7-9530. (A) If an obligor fails to appear for a
negotiation conference scheduled in the notice of financial
responsibility or fails to reschedule the negotiation conference before
the date and time stated in the notice of financial responsibility or if
the obligor fails to serve the division with a written request for a
court hearing before the time scheduled for the negotiation
conference or within thirty days of the date of service of the
notice of financial responsibility, whichever is later, the division
shall issue an order of default in accordance with the notice of
financial responsibility. The order of default must be approved by the
court and shall include:
(1) the amount of the monthly support obligation and
instructions on the manner in which it must be paid;
(2) the amount of the arrearage due and owing and instructions
on the manner in which it must be paid;
(3) the name of the custodian of the child and the name and
birth date of the child for whom support is being sought;
(4) other information as set forth in regulations promulgated
pursuant to the Administrative Procedures Act.
(B) A copy of an order of default issued pursuant to Subsection
(A), proof of service, and an affidavit of default must be filed with
the family court in the same manner and has the same force and effect
as provided for in Section 20-7-9525(B).
(C) The determination of the monthly support obligation must be
based on the child support guidelines as set forth in Sections
20-7-852 and 43-5-580.
(D) If an affidavit of service shows that the obligor has been
afforded less than the required thirty days notice of the negotiation
conference, the negotiation conference must be rescheduled. The
obligor must be given at least ten days notice of the rescheduled
conference, pursuant to Section 20-7-9520. If the obligor fails to
appear for the rescheduled negotiation conference and fails to request
a court hearing before the date of the rescheduled negotiation
conference, the division shall issue an order of default in accordance
with subsection (A)."
SECTION 7. Article 1, Chapter 5, Title 43 of the 1976 Code is
amended to read:
"CHAPTER 5
Public Aid, Assistance and Relief Generally
Section 43-5-10. The Department of Social Services shall be
responsible for maintaining uniformity in the administration of public
welfare throughout the State. The director shall be the only person
authorized to determine and implement the policies of the
department. The department shall issue regulations pursuant to
Sections 1-23-10, et seq., whenever changes in federal laws
and regulations supersede existing state statutes. In adopting
regulations the department shall strive for clarity of language which
may be readily understood by those administering aid and by those
who apply for or receive aid.
Section 43-5-15. Applications for assistance under the provisions
of this chapter shall be made as provided in this chapter and when no
such provision has been made in accordance with the manner and
form prescribed by the department.
Section 43-5-20. (a) It is the intent of the General Assembly that
all payments of aid to families with dependent children shall be
utilized and managed in such manner as to support the needy child
and his eligible caretaker. Such payments shall include current
payments as well as any portion of past payments returned to a
current or former recipient.
(b) Whenever the department has reason to believe that any
payment of aid to dependent children is not being or may not be used
in the best interests of the child, the department shall provide
counseling to the recipient and shall provide that continued failure to
so use such payments for three months after counseling has
begun will may result in substitution therefor
of the appointment of a protective payments as
provided for payee in accordance with Section
43-5-65, the appointment of a guardian or legal representative as
provided in the Federal Social Security Act or referral to law
enforcement officials for appropriate action.
Section 43-5-24. When an individual applies for assistance
through the Aid to Families with Dependent Children Program, the
Department of Social Services must provide the applicant with
information on methods of contraception and family planning,
excluding abortion counseling. The Department of Health and
Environmental Control shall provide a brochure or some similar
information packet on contraceptive methods and family planning to
the Department of Social Services which the Department of Social
Services can easily reproduce and distribute. Abortion must not be
included in the brochure or information packet provided by the
Department of Health and Environmental Control. If the applicant
expresses an interest in scheduling an appointment with a local health
department to obtain further information and counseling on
contraceptive methods and family planning, the Department of Social
Services shall assist the applicant in scheduling the appointment.
Section 43-5-25. Any person, other than a needy child, who
wilfully and knowingly receives or uses any part of a payment of aid
to dependent children for a purpose other than in the best interest of
the needy children and any eligible caretaker is deemed guilty of a
misdemeanor and, upon conviction, shall be fined
not more than five hundred dollars or be imprisoned for not more
than one year or both.
If such misuse occurs, a protective payee will be appointed in
accordance with Section 43-5-65 to manage assistance funds intended
for the otherwise eligible child.
Section 43-5-30. (a) If an overpayment or underpayment is
made under Title IV, Part A, of the Social Security Act (Aid to
Families with Dependent Children Program [AFDC]), the
Family Independence Program, the department shall make every
effort to correct such action in accordance with this chapter
payment. If the agency decides to terminate benefits to a
client and payments are made pending an appeal of the agency's
decision, these payments must be considered overpayment if the
agency's decision is upheld.
(b) Overpayment means a financial assistance payment received
which exceeds the amount for which the client was eligible.
Underpayment means a financial assistance payment received which
is less than the amount for which the client unit was eligible.
(c) The agency can recover an overpayment by:
(1) receiving a payment from the client, or former
client; or
(2) by reducing the amount of any future aid payable to the
client. The adjustment in future aid shall not reduce the family's
monthly income to less than ninety percent of the amount payable to
a family of the same composition with no other income. If no
payment is made for a month solely by reason of the recovery of an
overpayment, that individual is still considered a recipient of
assistance for that month for purposes of enrollment date.
(d) If an individual has received an overpayment and does not
repay the agency and is no longer receiving aid so that future
payments cannot be reduced, the agency shall make recovery by
taking appropriate action under the laws of the State against the
income or resources of the individual or family.
(e) Correction of underpayments of assistance must be made to
current recipients and those who would be current recipients if the
error causing the underpayment had not occurred. For the purposes
of determining continued eligibility and amount of assistance, the
retroactive corrective payments are not considered income or a
resource in the month paid nor in the next following month.
Section 43-5-35. Of the net amount collected by the
State or any of its political subdivisions from a recipient of assistance
as provided in Section 43-5-140, such portion of such net amount
collected as was contributed from Federal funds shall be promptly
paid to the United States Government.
Section 43-5-40. It is unlawful for a person to solicit, disclose,
receive, make use of, authorize, knowingly permit, participate in, or
acquiesce in the use of a list, name of, or any information concerning
persons applying for or receiving public aid or assistance, directly or
indirectly derived from the records, papers, files, or communications
of the State or county departments of social services or acquired in
the course of the performance of official duties, except for purposes
directly connected with the administration of Chapters 1, 3, 5, 7, 9,
19, and 23 or of old age assistance, aid to the blind, aid to dependent
children, or general relief and in accordance with the regulations of
the department.
A person who violates the provisions of this section is guilty of a
misdemeanor and, upon conviction, must be fined in the discretion of
the court or imprisoned not more than three years, or both.
Section 43-5-45. The department shall provide timely and
adequate notice in all cases of intended action to discontinue,
terminate, suspend, or reduce an assistance grant except in
those cases where adequate notice alone would be consistent with the
requirements of Federal state law or regulation.
'Timely notice' means notice which is mailed at least ten days
before the intended change would be effective.
'Adequate notice' means notice which is mailed not later than the
date of action.
Both timely and adequate notice shall include a statement of what
action the agency intends to take, the reasons for the intended action,
the specific regulations or statutes supporting such action, an
explanation of the individual's right to request an administrative
hearing on the propriety of the intended action and the circumstances
under which assistance is continued if a hearing is requested.
Section 43-5-50. In the event that a recipient of aid to families
with dependent children does not receive an assistance check, or if
such check is lost, stolen, or destroyed after receipt but
before it is cashed, the county office may authorize a one-time grant
in the amount of the original check provided the recipient files an
affidavit, under penalty of perjury, stating the facts of the loss, theft,
destruction, or nonreceipt of the check and setting forth all
material facts relative to its loss, theft, destruction, or
nonreceipt. The affidavit shall further witness the recipient's
understanding of his obligation, should the lost, stolen,
destroyed, or nonreceived check come into his possession,
to return such check immediately to the county office and that
cashing or attempting to cash such check constitutes fraud.
Section 43-5-55. Two copies of all reports required by
the National Center for Social Statistics of the Department of Health,
Education and Welfare shall be furnished to each house of the
General Assembly when they are submitted to the Federal
Government.
Section 43-5-60. All assistance granted under Chapters 1, 3, 5, 7,
9, 19, and 23 shall be deemed to be granted and to be held
subject to the provisions of any amending or repealing act that may
be passed and no recipient shall have any claim for compensation, or
otherwise, by reason of his assistance being affected in any way by
an amending or repealing act, nor shall he have any claim against the
State for any failure upon the part of the General Assembly in any
year to appropriate sufficient funds to pay grants previously made.
Section 43-5-65. (a) As a condition of eligibility, a needy family
applying for Aid to Families with Dependent Children
Family Independence benefits shall complete a
certificate an application of eligibility containing a
written declaration of such information as may be required to
establish eligibility and amount of aid. The certificate
application shall include blanks, wherein must be stated the
names, birth dates, and Social Security numbers of all
children receiving aid, adults, or minor parents applying
for or receiving aid, their birthdates and Social Security
numbers; their present place of residence,;
the names and Social Security number of the adult or emancipated
minor applicant, any their income received
through from employment, from the absent
parent, governmental social insurance or aid programs, gifts, sale of
real or personal property, interest, dividends, or from any other
source; and any interest in property, real or personal. As
a condition of eligibility for Aid to Families with Dependent
Children, the applicant must provide, at a minimum, the following on
an absent parent or putative father, or both:
(1) the first and last name and any known licenses as
defined in Section 20-7-941(4) which may be subject to revocation;
and
(2) at least two of the following items on each named:
(i) date of birth;
(ii) social security number;
(iii) last known home address;
(iv) last known employer's name and address;
(v) either of the absent parent's parent's name and
address.
Failure to provide this information shall result in a finding of
ineligibility of benefits for Aid to Families with Dependent
Children unless the applicant or recipient asserts, and the department
verifies, there is good cause for not providing this information. Good
cause includes documentation of incest, rape, or the existence or the
threat of physical abuse to the child or custodial parent
Family Independence benefits. The department
shall provide assistance as needed to complete the certificate
application and shall insure ensure that all
applicants or recipients have or promptly apply for and obtain a
Social Security number. No assistance may be granted to Aid to
Families for Dependent Children Family Independence
applicants or recipients until a valid Social Security number has been
provided to the department for each member of the family for whom
aid is sought or when numbers are not available until there is proof
that application for the Social Security number has been made. The
department shall assist the applicant or recipient in obtaining a Social
Security number through procedures adopted in cooperation with the
Social Security Administration or the applicant or recipient may
apply for a Social Security number at the Social Security
Administration office. For purposes of Aid to Families for
Dependent Children state-funded or Title IV-E Foster
Care, the application for the Social Security number must be made by
the state or local department. The certificate of
application for eligibility also shall provide that, as a
condition of eligibility for aid, each applicant or recipient shall:
(1) Assign to the State any rights to support from any other
person the applicant may have in his own behalf or in behalf of any
other family member for whom the applicant is applying for or
receiving aid and which have accrued at the time the assignment is
executed or which may accrue in the future; however, by accepting
public assistance for or on behalf of a child or children, or by making
application for services under Title IV-D or through placement of a
child or children in state-funded foster care or under Title IV-E,
except where good cause as determined by the agency
department exists, the recipient or applicant is considered to
have made an assignment to the State Department of Social Services
of any rights, title, and interest to any support obligation which is
owed for the child or children or for the absent parent's spouse or
former spouse who is the recipient or the applicant with whom the
child is living, if and to the extent that a spousal support obligation
has been established and the child support obligation is being
enforced pursuant to Title IV-D of the federal Social Security Act.
The assignment to the department is considered to have been made
up to the amount of public assistance money or foster care board
payments paid for or on behalf of the child or children for that period
of time as the public assistance monies or foster care board payments
are paid. The assignment consists of all rights and interest in any
support obligation that the recipient may be owed past, present, or
future by any person up to the amount of public assistance money
paid to the recipient for or on behalf of the minor child or children or
a child in foster care. The department is subrogated to the rights of
the child or children or the person having custody of the child or
children to collect and receive all support payments. The department
has the right to initiate a support action in its own name or in the
name of the recipient to recover payments ordered by the courts of
this or any other state or to obtain a court order to initiate these
payments including an action to determine the paternity of a child.
(2) Cooperate with the State in establishing the paternity of a
child born out of wedlock with respect to whom aid is claimed and
in obtaining support payments for the applicant and for a child with
respect to whom the aid is claimed or in obtaining any other
payments or property due the applicant of the child and that, if the
relative with whom a child is living is found to be ineligible because
of failure to comply with the requirements of items (1) and (2), aid
for which the child is eligible must be provided in the form of
protective payments. The department shall establish criteria in
accordance with federal regulations to determine whether action to
establish paternity and secure support is not in the best interest of a
child.
(b) The term 'protective payments' shall mean payments with
respect to any dependent child which are made to another individual
who, as determined in accordance with standards prescribed by the
department, is interested in or concerned with the welfare of such
child or relative, or are made on behalf of such child or relative
directly to a person furnishing food, living accommodations, or other
goods, services, or items to or for such child.
(c) Prior to determinations of eligibility, the department shall
conduct a personal interview with the adult members of the family or
with the caretaker relatives of the needy children.
(d) Except as otherwise provided by federal law, The
department shall redetermine all elements of eligibility periodically
but not less frequently than every six twelve months.
The department shall may require the family to
complete a new certificate of eligibility form
application at the time of each redetermination.
(e) If the certificate application is mailed to the
family, it must be accompanied by an addressed envelope for its
return. In no event may the acts of mailing to the recipient or the
recipient's return of a completed certificate
application to the department be substituted in lieu of a
personal interview. In the event the certificate is not completed
and returned within ten days after it is mailed or personally delivered
to the family, contact must be made with the family and the
certificate shall then be completed with the assistance of the
department if necessary. If there is a refusal to cooperate in
completing the certificate, aid is denied or terminated consistent with
appropriate notice requirements. In all cases where assistance is
withheld or terminated for the above reason, the department shall
investigate the welfare of any dependent child affected and, if
necessary, the department shall take action on behalf of the child.
(f) Each adult member of the family shall provide, under penalty
of perjury the information necessary to complete the
certificate application. The certificates
applications used by the department shall contain at the
end in large type a statement in a form approved by the
Attorney General that the applicant or recipient understands that
he has an obligation to report immediately to the department any
changes in income or resources, composition of household,
address, of address, household composition, employment,
loss of employment, or any other factor which may affect
eligibility and that the declarations in the certificate
application are correct and complete to the best of the
applicant's or recipient's knowledge or belief and are made under
penalty of perjury. The statement shall clearly specify that failure to
report changes in circumstances that may affect eligibility and grant
amount within ten calendar days of the day on which the change
becomes known to the recipient constitutes withholding of
information and permits the department to recover any overpayment
occasioned or caused by the withholding in accordance with Section
43-5-30. This application must be signed by the applicant or recipient
of assistance or any person completing the application for an
applicant or recipient unable to do so himself.
The person completing the application for an applicant or recipient
unable to do so himself must sign a statement attesting to the fact that
this section has been explained to the applicant and to the belief that
the applicant understands.
Section 43-5-70. The department shall require that all persons
applying for assistance shall provide acceptable identification and
proof of residence and the department shall by regulation specify
what constitutes adequate identification and proof of residence. The
department shall require that all reports of employment or income be
verified by letter or direct contact with the employer of the applicant
or recipient and if the verification is made by letter, a stamped
self-addressed envelope shall be enclosed and request for prompt
return shall be made. The department shall verify all other
information related to the eligibility in any case in which there is
reason to believe that the applicant has falsified,
misrepresented, or omitted any material facts such as age
and number of children, real and personal property, including bank
accounts and insurance policies or any other resources. No person
shall be eligible for aid to families with dependent children unless he
is a resident of the State.
If a recipient is or will be absent from the State for a period of thirty
days or longer, the Agency shall ascertain the intent of the
recipient regarding residence department shall consider the
recipient ineligible for assistance.
It is not the intent of the General Assembly in enacting this section
to create any durational residence requirement.
Section 43-5-75. The director or his authorized agent may, after
signed authorization from the applicant or recipient, request and
receive from any bank or other financial institution doing business in
South Carolina information with respect to the transaction with any
such institution of any applicant for or recipient of any form of aid or
relief under this article and it shall be the duty of the officers and
employees of such institution to furnish the information within ten
working days to the department pursuant to the written request of the
director.
Section 43-5-85. The department shall, within thirty
days from the end of each quarter transmit to the Employment
Security Commission the Social Security numbers of all persons
sixteen years of age or older who are not in school who received aid
to families with dependent children during the second prior quarter.
The Employment Security Commission shall determine the amount
of wages reported by employers or the amount of unemployment
compensation insurance benefits which have been paid during the
second and third prior quarters to persons with those Social Security
numbers and the commission shall return such information, including
zero wages reports, to the department. The department shall transmit
such wage reports to its county offices for comparison with earnings
reported by recipients. County offices shall take prompt action to
resolve discrepancies and shall refer promptly cases of suspect fraud
for investigation.
Section 43-5-90. Aid shall be granted under the
provisions of this Section and, subject to the regulations of the
department, to needy families with dependent children under the age
of eighteen, except as provided in Section 43-5-95, in need thereof
because they have been deprived of parental support or care due
to:
(1) The death, physical or mental incapacity or
incarceration of a parent; or
(2) the divorce, separation or desertion of a parent
and resultant continued absence of a parent from the home for these
and other reasons.
Section 43-5-95. Aid may be granted under the provisions of this
section to or in behalf of an eligible child over the age of eighteen
but not yet nineteen, if he is a full-time student in a
secondary school, or in the equivalent level of vocational or technical
training, and reasonably expected to complete the program before
reaching age nineteen.
Section 43-5-100. For the purpose of determining
eligibility for aid to dependent children on the basis of incapacity of
a parent, pursuant to Section 43-5-90, physical or mental incapacity
shall be deemed to exist when:
(1) The incapacity is of such a debilitating
nature as to reduce substantially the parent's ability to support or care
for the otherwise eligible child;
(2) he incapacity is verified by a medical doctor
or psychiatrist, except that eligibility for supplemental security
income benefits under Title XVI of the Federal Social Security Act
on the basis of disability or eligibility to receive Federal OASDI
benefits shall be considered sufficient evidence of incapacity for
purposes of this Section
(3) The incapacity is expected to continue for a
period of at least thirty days.
The determination of incapacity in accordance with
provisions set forth herein is a responsibility of the county office
under the supervision of the department. Certification shall only be
for that period during which the incapacity is expected to
continue.
Section 43-5-105. In any case in which application for
aid to families with dependent children is based upon deprivation of
parental support or care due to the continued absence of a parent from
the home, such deprivation shall be deemed to exist when the nature
of the absence for any reason interrupts or terminates the parent's
functioning as a provider of maintenance, physical care or guidance
for the child and the known or indefinite duration of the absence
precludes continuing the parent's performance of his function in
planning for the support or care of the child. Absence, in and of itself,
shall not be deemed to constitute deprivation.
It shall be the duty of the department to verify the
continued absence of the parent from the home. Such absence shall
be verified from information regarding the absent parent supplied by
the applicant on his certificate of eligibility or by requiring the
applicant to provide, where known, the name, Social Security
number, description, employer and present or last known address of
the absent parent.
Section 43-5-110. (a) In any case in which
eligibility for aid to dependent children is based upon deprivation due
to the absence of a parent from the home, the applicant or recipient
shall at the time of application and at the time of redetermination of
eligibility certify to the best of his knowledge and belief whether the
applicant's or recipient's spouse, or any other person legally
responsible for the children is claiming to furnish support to the
eligible dependent children for purposes of federal or state income
tax.
(b) If the applicant or recipient fails or refuses to
provide the information required under Subsection (a), such action
shall be deemed a failure or refusal to cooperate in obtaining support
and such person shall be denied eligibility without regard to other
eligibility factors. If the relative with whom a child is living is found
to be ineligible for assistance because of failure to comply with the
requirements of Subsection (a), any aid for which such child is
eligible will be provided in the form of protective payments as
defined in Section 43-5-65 (b).
The department shall initiate an investigation in any case
where there is reason to suspect the occurrence of fraud.
(c) The department shall cooperate and exchange
information with state and federal income tax authorities in all
appropriate cases.
Section 43-5-115. In the case of an employed applicant
or recipient who resides with his children who receive aid to families
with dependent children, such recipient or applicant shall be informed
of his right to claim the maximum number of exemptions for federal
income tax purposes to which he is entitled under federal law. Thirty
days after such notification is given, such recipient or applicant shall
be considered to be claiming the maximum number of exemptions
and any earned income shall be computed accordingly. The
department shall maintain tables that indicate the amount of
withholding for various numbers of dependents and various income
levels. The department shall determine the maximum number of
exemptions to which the applicant or recipient is entitled and shall
base withholding on this maximum number of exemptions. This
determination shall be made at the time of application and at the time
of the periodic redetermination of eligibility and when changes in a
recipient's circumstances require that the amount of withholding be
redetermined.
Section 43-5-120. (a) The Department of Revenue and
Taxation shall provide the director or his designees an abstract of
the income tax return requested, or provide information concerning
any item of income or expense, including support claimed to have
been provided to dependent children or step-children, contained in
the income tax return or disclosed by any investigation of the income
or return of the applicant or recipient.
(b) The information obtained pursuant to this section shall be used
or disclosed only for the purpose of enabling the department to verify
or determine the eligibility of an applicant or recipient or to enable
the Department of Revenue and Taxation to determine
whether tax fraud has been committed.
(c) The applicant or recipient whose income tax records have been
requested from the Department of Revenue and Taxation shall
be notified by mail that such request has been made at the time of the
request.
(d) Any violation or suspected violation of state or federal law
determined under this section shall be referred to the appropriate state
or federal law enforcement authorities.
(e) The director or his designees shall be subject to the provisions
of Section 12-7-1680 of the 1976 Code regarding the confidentiality
of state income tax records.
Section 43-5-125. The term 'living with' means that the caretaker
relative and the child maintain a common place of residence. The
requirement shall be considered met if a home and family setting is
maintained or is being established and the caretaker relative exercises
responsibility for the care and control of the child even though the
child or caretaker is temporarily absent from time to time. A child is
considered to be 'living with' the caretaker relative even though he
is under the jurisdiction of the court or is in the legal custody of an
agency that does not have physical possession of the child.
Temporary absences by either the caretaker relative or the
child from the home for purposes such as vacationing, visiting,
hospitalization, convalescing, and school attendance shall
not constitute a break in the 'living with' requirement. The
temporary absence may not exceed thirty days; however, the
department may extend the absence, in extenuating circumstances,
for up to an additional sixty days if it is determined that a longer
absence would serve the best interests of the family.
Section 43-5-130. (a) Except as otherwise required by federal
law, The department shall, in determining need, take into
consideration any income or resources of any child or relative
claiming aid to families with dependent children, whose needs the
department determines would be considered in determining the need
of a child or relative claiming such aid, as well as any expense
reasonably attributed to the earning of any such income.
(b) Income, as used in subsection (a), includes any benefit in cash
which is in fact currently available to the individual or is received by
him as a result of current or past labor or service, or business
activities.
(c) To be considered in determining eligibility for, and amount of
grant, income must, in fact, be currently available to the applicant or
recipient. However, the applicant or recipient shall, as a necessary
condition of determining eligibility:
(1) provide all information necessary to income
determination.;
(2) take all actions necessary to obtain unconditionally available
income. Income shall be considered unconditionally available if the
applicant or recipient has only to claim or accept such income,
including any type of governmental benefits, social
insurance, and private pension or benefits plan.
(d) The department shall require evidence which establishes the
gross and net amount of income received and the time and frequency
of receipt. Documents and records in the possession of the applicant
or recipient together with a written statement made under penalty of
perjury that such information is correct and complete to the best of
the applicant or recipient's knowledge or belief constitute adequate
sources of evidence in absence of conflicts. Such documents or
records shall be returned promptly to the applicant or recipient after
necessary copies have been made and placed in the case records.
Section 43-5-140. (a) It shall be the duty of the department to
insure ensure that ever applicant for or recipient of
aid to families with dependent children be informed not less
frequently than semiannually annually as to the
provisions of eligibility and his responsibility for reporting all facts
material to a correct determination of eligibility and amount of grant.
After such information has been provided, the department shall
require the recipient and caseworker to execute a formal
acknowledgment, on a form prescribed for such purpose, describing
what steps were taken to explain the eligibility and reporting
requirements to the recipient and that such explanation was
understood by the recipient.
(b) Each applicant for or recipient or payee of such aid to families
with dependent children shall be responsible to report accurately and
completely, with his competence, those facts required of him,
pursuant to the explanation provided by the department.
(c) The failure of an applicant or recipient to report facts which
may affect eligibility and grant determination within ten days of the
date upon which the applicant or recipient became aware of such
facts shall constitute a willful wilful withholding of
such information and permit the department to recover any
overpayment occasioned or caused by the willful
wilful withholding. Such facts may include, but are
not limited to, composition of household, address or any
other factor which may affect eligibility, or failure or refusal to obtain
unconditionally available income. If appropriate, recoupment
proceedings may be initiated,.
(d) When the department receives information that would result
in a change in grant amount or eligibility, the department shall take
action to adjust the grant or redetermine eligibility, consistent with
notice requirements, within ten days of receipt of such information.
Section 43-5-145. Investigation of each application shall be made
by the county departments as provided in Chapters 1, 3, 5, 7, 9,
19, and 23 or as required by the state department.
Section 43-5-148. Provided the eligible applicant is alive on the
date the application is approved, assistance begins on the earlier of
the two following dates:
(a) the date the award is authorized if that date is
in the same
month as the month of application; or
(b) the first day of the month in which the thirtieth
day from the date of receipt of a completed and signed application
falls. Family Independence benefits shall begin on the date
of application if the benefit group met all the eligibility conditions on
that date. Payments for partial months must be prorated by the ratio
of the days in the month to the date of application.
Section 43-5-150. In the event an application is denied or the
amount or terms of a grant or of any withdrawal or modification
thereof be deemed inadequate or unjust by the applicant or recipient,
the applicant or recipient or anyone acting in his behalf may demand
a review of his case before the department by filing his written
request for such review with the county department not more than
sixty days after notice of its action shall have been received. The
county department shall, within ten days, certify its records and data
on the case and such additional information as it deems relevant to
the department. The department shall promptly grant to the applicant
or recipient an opportunity for a fair hearing upon the questions
raised by the applicant or recipient. At this hearing any party in
interest may appear and present any relevant facts. The department
shall produce such further evidence as it may deem necessary and
shall certify its findings and decision on the case back to the county
department concerned. Appeals from the decision of the department
may be made to an administrative hearing examiner pursuant to the
Administrative Procedures Act.
Section 43-5-155. If an application is not acted upon by the county
department within the time limitations specified in Section 43-5-148
the applicant may appeal to the state department in the manner and
form prescribed in Section 43-5-150.
Section 43-5-160. The state department may also, upon its own
motion or at the request of the applicant, review any decision of a
county department and may consider any application upon which a
decision has not been made by the county department within a
reasonable time.
Section 43-5-165. Upon any appeal under Section 43-5-150 or any
review under Section 43-5-160, the state department may make such
additional investigation as it may deem necessary and shall make
such decision as to the granting of assistance and the amount of
assistance to be granted the applicant as in its opinion is justified and
in conformity with the provisions of Chapters 1, 3, 5, 7, 9,
19, and 23. As to any action taken by the state department
under this section, the state department shall grant the applicant or
recipient an opportunity for a fair hearing as provided under Section
43-5-150.
Section 43-5-170. The department may issue subpoenas for
witnesses and compel their attendance and the production of papers
and writings and the director and employees designated by him may
administer oaths and examine witnesses under oath.
Section 43-5-175. All decisions of the state department shall be
binding upon the county department involved and shall be complied
with by such county department.
Section 43-5-180. No person shall make any charge or receive any
fee for representing the applicant or recipient of assistance in
connection with the granting of any assistance provided for in
Chapters 1, 3, 5, 7, 9, 19, and 23, except as to criminal
proceedings and except upon appeal to the department, and then only
in a reasonable amount and subject to the regulations of the
department.
Section 43-5-185. Any public officer not charged with the
administration of Chapters 1, 3, 5, 7, 9, 19, and 23 who
attempts to influence a decision of the county department or state
department respecting the application of any person for assistance or
respecting the assistance to be paid or being paid shall be guilty of a
misdemeanor and, upon conviction, shall be punished by a fine not
exceeding five hundred dollars or imprisonment not exceeding six
months, or both, in the discretion of the court. The giving of
information within the personal knowledge of such officer, in
writing, shall not constitute an offense under this section.
Section 43-5-190. All amounts paid or payable as assistance shall
be exempt from any tax levied by the State or any subdivision
thereof, shall be exempt from levy and sale, attachment or any other
process whatsoever, and shall be inalienable and
unassignable in advance in any form and, in case of bankruptcy, shall
not pass to the trustee or other person acting on behalf of the creditors
of the recipient of assistance.
Section 43-5-195. If an applicant or recipient shall be
found by the county department to be incapable of taking care of
himself or his money or if, in the judgment of the county department,
his interest will be best served, the State department or one
designated by it may apply to the probate court of the county in
which such applicant or recipient lives for the appointment of a
guardian to whom the payments of assistance granted shall be made
for the benefit of the applicant or recipient, and such guardian shall
file a copy of his return with the county department, as well as the
probate judge, as required by law, and such other reports as the
county department shall require. The respective probate judges shall
perform all necessary duties in connection with such guardianship
without charging any fees, costs or commissions.
Section 43-5-200. When a recipient dies after issuance but before
delivery or negotiation of his assistance check for the month in which
his death occurs, endorsement of such check without recourse by the
county director of social services to the 'spouse or nearest living
relative' of the recipient shall be sufficient authority to the drawee
bank to pay such check.
Section 43-5-210. (a) Every individual, as a
condition of initial and continuing eligibility for aid to families with
dependent children (WIN) shall register with the Employment
Security Commission for employment, training and manpower
services, unless such individual is:
(1) A child who is attending school or college on a
full-time basis or who is under the age of sixteen.
(2) Ill, incapacitated or of advanced age.
(3) So remote from an Employment Security
Commission office that effective participation in employment and
training counseling is precluded.
(4) Required to be present in the home because
of illness or incapacity of another member of the household.
(5) The mother or other relative of a child under
the age of six who is caring for the child.
(6) he mother or other caretaker of a child if the
father or another adult male relative is in the home and not excluded
from the requirement to register, unless such adult male relative has
failed to register as herein required or has refused without good cause
to accept employment or to participate in work experience or training.
(7) Actively participating in the Federal Work
Incentive Program or was certified to such program within the
previous six months.
(b) Registration shall include a personal interview
conducted by the Employment Security Commission. A work
application shall be completed, a self-support plan shall be developed
and the individual's job search and reporting responsibilities shall be
fully explained. If employment is available, the commission shall
immediately refer the individual to such employment.
(c) Any person excluded from the requirements of
registration by reason of Subsection (a) of this Section may
voluntarily register to participate in the South Carolina Employable
Program. The department shall encourage participation in this
program.
(d) As a part of complying with the requirements
set forth in this Section, each registrant shall be assisted in
conducting an adequate job search in accordance with the instructions
of the Employment Security Commission. Every person registered
pursuant to this Section, other than persons who have been certified
to the Federal Work Incentive Program and are actively participating
in a work incentive component, shall report in writing on a form
prescribed by the Employment Security Commission on the nature,
extent and results of his job search efforts. The bureau shall notify
each employable person of the reporting requirement and shall
provide necessary copies of the report form.
(e) To the extent permitted by federal law, any
person who fails without good cause to fulfill his job search
requirements shall be ineligible for aid to families with dependent
children. If such person is the sole eligible dependent child in the
family, the family shall be ineligible for aid to families with
dependent children.
(f) No person registered pursuant to Subsection (a)
of this Section shall refuse to accept a bona fide offer of employment
or training. The bona fide offer of employment, training or work
experience must be consistent with the person's physical, mental and
emotional capabilities, and to the extent feasible to previously
acquired occupational skills. In order to be a bona fide offer of
employment, there must be reasonable assurances that:
(1) Appropriate standards for the health, safety and
other conditions applicable to the performance of work and training
in the employment are established and will be maintained.
(2) The offer of employment will not result in
a displacement of employed workers.
(3) he wages will be no less than three-fourths
of the federal minimum wage.
(g) Any person required to register pursuant to
Subsection (a) of this Section who fails to register or fulfill his
reporting responsibilities required by Subsection (d) or refuses a
bona fide offer of employment or training in violation of Subsection
(f) shall be ineligible for aid to families with dependent children. Any
aid for which such child is eligible will be provided in the form of
protective payment as defined in Section 43-5-65(b).
Section 43-5-215. To the extent permitted by federal
law, the Employment Security Commission shall develop and
implement a demonstration program of work experience. The
Employment Security Commission and the department shall take all
appropriate and necessary measures to obtain federal approval and
assistance for this demonstration program.
The Employment Security Commission shall develop a
plan for the phased implementation of work experience programs,
designating specific geographic areas, consisting of counties or
portions of counties within which work experience programs shall be
established. The commission shall develop work experience
programs through contracts with public entities or with nonprofit
agencies or organizations, subject to the conditions and standards
hereinafter set forth.
For the purpose of this Section, 'work experience' is a
program to provide work experience and training for individuals who
are not otherwise able to obtain employment or are not actively
participating in training or education programs in order that such
individuals may move into regular employment. Work experience
programs shall be designed to develop employability through actual
work experience. The facilities of the Employment Security
Commission shall be utilized to find permanent employment
opportunities for participants upon completion of this program. Work
experience programs under this Section shall be confined to projects
which serve a useful public purpose such as in the fields of health,
social service, environmental protection, education, urban and rural
development and redevelopment, welfare, recreation, public facilities,
public safety and energy conservation. To the extent feasible, the
prior training, experience and skills of a participant shall be utilized
in making appropriate work experience assignments.
The Employment Security Commission shall designate the
procedures for inclusion of recipients of aid to families with
dependent children. No person exempted from registration by the
provisions of Section 43-5-210 shall be required to participate in a
work experience program.
Section 43-5-220. (a) Every approved applicant for
aid to families with dependent children whose eligibility is based
on deprivation due to absence of a parent from the home shall
family independence benefits who has a child by a parent who is
alive but not living in the home at the time of approval for
aid to families with dependent children family
independence must be immediately referred to the designated
child support official of the department. The department
shall be responsible for taking all steps necessary to identify, locate,
and obtain support payments from absent parents.
(b) The department shall establish a scale of suggested minimum
contributions to assist courts in determining the amount that an absent
parent should be expected to pay toward the support of a dependent
child. The scale shall include consideration of gross income, shall
authorize expense deductions including deductions for taxes for
determining net income, shall designate other available resources to
be considered and shall specify the circumstances which should be
considered in reducing liability on the basis of hardship. Copies of
this scale shall be made available to courts, county attorneys, circuit
solicitors, and to the public. It is intended that the scale
formulated pursuant to this section be optional, and that no court or
support official be required to use it.
(c) In all cases in which the whereabouts of the absent parent is
known, the department shall, immediately upon approval of the
application for assistance, notify the absent parent of the filing of the
application and of his responsibility to complete and return a written
statement of his current monthly income, his total income over the
past twelve months, a description of real and personal property
owned by him, together with an estimate of its value, the number of
dependents for whom he is providing support, the amount he is
contributing regularly toward the support of all children for whom
application for aid to families with dependent children has been
made, his Social Security number, his itemized monthly living
expenses and such other information as the department determines to
be pertinent in determining his ability to support his children.
The absent parent shall complete and return such statement to the
department within ten days after notification by the department. The
department may request the absent parent to report for a personal
interview.
If the absent parent statement is not completed within ten days after
notification, the department shall cause prompt personal service to be
made. If the written statement is not completed and returned within
ten days after personal service, the department shall immediately
refer the matter for prosecution for nonsupport.
(d) When the department has obtained sufficient information
concerning the absent parent, it shall immediately determine his
ability to support his children and shall obtain a court order
specifying an appropriate amount of support in accordance with the
scale of suggested minimum contributions as provided in subsection
(b). If the absent parent is residing out of the county, but within the
State, and his whereabouts is are known, the
department shall obtain the court order in the court of competent
jurisdiction as set forth in Section 14-21-830. Court orders of support
shall in all cases specify that the payment of support shall be made
directly to the department as reimbursement for assistance and not to
the spouse of the absent parent. The support rights assigned to the
State shall constitute an obligation owed to the State by the individual
responsible for providing such support. Such obligation shall be
deemed for collection purposes to be collectible under all applicable
state and local processes. The amount of such obligations shall be:
(1) The amount specified in a court order which covers the
assigned support rights;
(2) If there is no court order, an amount determined by the State
in accordance with a formula approved by subsection (b);
(3) Any amounts collected from an absent parent under the plan
shall reduce, dollar for dollar, the amount of his obligation. A debt
which is a child support obligation assigned to the department under
this section is not released by a discharge in bankruptcy under the
Bankruptcy Act.
(e) Failure of the absent parent to comply with his support
obligation shall be referred to the court having jurisdiction of the
matter for appropriate proceedings.
(f) Nothing in this section shall be construed to relieve the
department from complying with the provisions of Section 402 (a)
(11) of the Social Security Act.
(g) Material falsification of information on the statement provided
pursuant to Subsection (d) shall constitute a misdemeanor.
(h) In the case of an individual not otherwise eligible for collection
services, a fee may be imposed in accordance with federal law,
regulations, and guidelines.
(i) The department may submit to the Department of Revenue
and Taxation for collection and set off any debt for past-due
support, including health care expenses, owed to the department or
owed to an individual not otherwise eligible for collection services
who has made application to the department. The debt for past-due
support must be at least sixty days in arrears and is in excess of
twenty-five dollars as provided in Section 12-7-2240. At the time of
the submission, the department shall notify the debtor that his state
tax refund will be subject to a debt for past-due support. The notice
shall set forth the name of the debtor, the amount of the claimed debt,
the intention to set off the refund against the debt, the taxpayer's
opportunity to give written notice to contest the set off within thirty
days of the date of mailing of the notice, the appropriate office of the
department to which the application for a hearing must be sent, and
the fact that failure to apply for a hearing in writing within the
thirty-day period will be considered a waiver of the opportunity to
contest the set off. If the debtor makes written application to contest
the set off within thirty days of notification, the department shall
provide an opportunity for a hearing and is responsible for refunding
any monies wrongfully collected. If no application is made, the
debtor's refund must be used to set off the amount owed. From the
amount transferred from the Department of Revenue, the department
shall reimburse the Department of Revenue for expenses incurred in
administering this program. In the case of an individual not
otherwise eligible for collection services, a fee must be imposed by
the department to cover all costs. The department shall request that
the Department of Revenue send to the department notice of the
home address, corrected social security number, or additional Social
Security numbers, if more than one is used, of any taxpayer whose
name is submitted to the Department of Revenue under this
subsection.
(j) The department may submit to the Internal Revenue Service
and the State Department of Revenue, for federal and state tax refund
offsets, the name of any obligor who is delinquent in paying
court-ordered child support and who qualifies for submittal under
federal or state law even if the obligor is in compliance with a court
order requiring periodic payments toward satisfaction of the
delinquency or even if the delinquent amount has been placed in
abeyance by court order.
Section 43-5-222. From the amounts collected by the South
Carolina State Department of Social Services for children and the
parents of such children who are currently recipients of Aid to
Families with Dependent Children (AFDC), pursuant to Section
43-5-220 of the 1976 Code, the department may distribute these
amounts as follows:
(1) of amounts collected which represent monthly monetary
support obligations, the first seventy-five dollars of the monthly
payment must be paid to the AFDC family and thereafter must be
increased up to the amount of the monthly support obligation;
(2) if the amount collected is in excess of the amounts required to
be distributed under item (1), the excess must be retained by the
department as reimbursement for AFDC payments made to the family
for which the State has not been reimbursed. Of the amount retained
by the department, the department shall determine the federal
government's share so that the department may reimburse the federal
government, if required, to the extent of its participation in the
financing of the AFDC payment.
(3) if the amount collected is in excess of the amounts required to
be distributed under (1) and (2) the family must be paid the excess.
(4) payments made to the family in item (1) may not be used in
determining the amount paid, if any, in AFDC or other welfare
benefits.
Section 43-5-225. (a) A central registry of records shall be
maintained in the department showing as far as it is known with
respect to any parent who has deserted or abandoned any child
receiving aid to families with dependent children:
(1) The full and true name of such parent together with any
known aliases.
(2) Date and place of birth.
(3) Physical description.
(4) Social Security number.
(5) Occupation and any special skills he may have.
(6) Military status and Veterans Administration or military
service serial number.
(7) Last known address and the date thereof.
(8) Number of the driver's license.
(9) Any further information that may be of assistance in locating
the person.
(b) To effectuate the purposes of this section, the department shall
request from all departments, commissions, boards or other agencies
of the State or any of its political subdivisions such assistance and
data as will enable the department and other public agencies to carry
out their duties to locate deserting parents and to enforce their
liability for the support of their children. The department shall utilize
the 'Parent Locator Service' pursuant to establishment in the
Department of Health, Education and Welfare by filing in accordance
with Section 453(b) of the Social Security Act.
(c) Any records established pursuant to the provisions of this
Section shall be available only to public welfare offices, county
attorneys, circuit solicitors, probation departments, the Attorney
General, central registries in other states and courts having
jurisdiction in support or abandonment proceedings or action and
only for the purposes for which the records have been established.
Section 43-5-230. There is hereby created in the office of the State
Treasurer a revolving fund to be designated as the Public Welfare
Cooperative Support Program Fund which shall be used by the
department in carrying out such purposes as it deems necessary. All
moneys monies in the funds are hereby appropriated
to the department for such purposes and shall be paid without further
appropriation under requisition or voucher drawn on the State
Treasurer in the usual manner.
Section 43-5-235. To the extent permitted by federal law, the
department may enter into annual agreements with county
governments, clerks of court, sheriffs, and other law enforcement
entities having jurisdiction in that county to reimburse and to pay
federal financial participation and incentives pursuant to the terms of
the agreement to the appropriate contracting entity for a portion of
the cost of developing and implementing a child support collection
and paternity determination program for:
(1) securing support for persons receiving state public assistance
and reimbursement of medical assistance from the legally responsible
spouse or parent of assistance recipients;
(2) establishing paternity of children born out of wedlock who are
receiving aid to families with dependent children and to secure
support for them;
(3) all children who have sought assistance in securing support
whether or not they are eligible for aid to families with dependent
children and regardless of the economic circumstances. To the extent
permitted by federal law, a fiscal incentive and federal financial
participation must be paid to the department and provided to the
entity providing the service for the collection and enforcement of
child support obligations. These monies must be paid to the
appropriate county treasurer or county finance office on a monthly
basis and deposited into a separate account for the entity providing
the service for the exclusive use by this entity for all activities related
to the establishment, collection, and enforcement of child support
obligations for the fiscal year in which the payments are earned and
may be drawn on and used only by the entity providing the service
for which the account was established. Monies paid to the contracting
entity pursuant to this section may not be used to replace operating
funds of the budget of the entity providing the service. Funds in the
special account not encumbered for child support activities revert to
the general fund of the county at the end of the fiscal year in which
they were earned. Each local entity shall enter into a support
enforcement agreement with the department as a condition of
receiving the fiscal incentive and federal financial participation. To
the extent that fiscal incentives are paid to the department and are not
owed under the agreement to the contracting entity, these fiscal
incentives must be reinvested in the department's Child Support
Enforcement Program to increase collections of support at the state
and county levels in a manner consistent with the federal laws and
regulations governing incentive payments.
Section 43-5-240. Any county desiring to obtain the benefits of
appropriations from the Public Welfare Support Reimbursement Fund
shall secure the formal joinder of the circuit solicitor and of the court
having jurisdiction of support cases in that county in a joint plan and
a cooperative support program agreement with the department and
the execution of a cooperative support program agreement with the
department. The execution of such agreement is hereby authorized.
Section 43-5-245. (a) The department shall prescribe the time at
and the form on which the counties and judicial districts shall submit
to the department annual plans for the total staff and equipment needs
and annual estimates of the expenditures of the county for the staffing
and operations of the child support program for the coming
agreement year.
(b) Upon approval of an annual plan and the estimated
expenditures for an improved program the department shall enter into
a contract pursuant to Section 43-5-235.
SECTION 43-5-255. (a) Funds derived from
savings, and to the extent necessary additional general funds, shall be
utilized to increase the direct monthly payments to Aid to Families
with Dependent Children recipients so that beginning on July 1,
1978, each eligible individual shall receive an additional benefit of
one dollar and sixty-five cents per month.
(b) Nothing in this Section shall prohibit increases
in excess of that described in Subsection (a).
SECTION 8. Section 43-5-580(a) of the 1976 Code is amended to
read:
"Section 43-5-580. (a) Every applicant for assistance whose
eligibility is based on deprivation due to absence of a parent from a
home Family Independence benefits who has a child or
children whose parent is alive but not residing in the home must
be referred to the Office of Child Support Enforcement within two
working days of the furnishing of aid or the determination that an
individual is a recipient of public assistance Family
Independence benefits. The department is responsible for taking
all steps necessary to identify, locate, and obtain support payments
from absent parents."
SECTION 9. Section 43-5-1110 of the 1976 Code, as added by
Act 102 of 1995, is amended to read:
"Section 43-5-1110. As used in this act article:
(1) 'Family Independence' or 'Aid to Families
with Dependent Children' or 'FI' or 'AFDC' means cash
payments or stipends paid to individuals who meet established
eligibility criteria.
(2) 'Department' means the South Carolina State Department of
Social Services.
(3) 'Welfare' means cash assistance payments through the
Family Independence program formerly known as the Aid to
Families with Dependent Children program which must be provided
as a stipend to assist families to become employed."
SECTION 10. Section 43-5-1120(B) of the 1976 Code, as added by
Act 102 of 1995, is amended to read:
"(B) An applicant who appears to be eligible for welfare
assistance and who would be required to participate or who
volunteers to participate in the department's employment and training
program must be referred to an employment and training unit. An
applicant referred must conduct an initial job search and shall provide
evidence of this search by listing the employer contacted, the date of
the visit with the employer, and the name and telephone number of
the person with whom the applicant spoke. An applicant who does
not provide this information must not be approved for assistance until
the information is provided. An employment assessment must be
conducted on an applicant who is unsuccessful in securing
employment to determine if the applicant is job ready. An applicant
who has been employed twelve out of the previous twenty-four
months or who has graduated from high school or has obtained a
GED must be considered job ready and must be enrolled in
a job club or referred for evaluation or assessment or other
services conducive to employment. Following participation in
a job club, the applicant must conduct a job search for an additional
period of no more than sixty days or until the applicant obtains
employment, whichever occurs first. An applicant who is not job
ready or a job-ready participant who is unsuccessful in the job search
must be evaluated for barriers to employment. An individual
agreement containing training and employment requirements must be
developed for the participant. For purposes of this subsection 'job
club' means a group or individual job readiness training session
where participants learn job finding and job retention skills."
SECTION 11. Section 43-5-1135 of the 1976 Code, as added by
Act 102 of 1995, is amended to read:
"Section 43-5-1135. Each state agency which is a
member of the South Carolina Retirement System shall establish
recruitment and hiring goals which shall target ten percent of all jobs
requiring a high school diploma or less to be filled with
welfare family independence or food stamp
recipients. A question concerning receipt of AFDC
Family Independence benefits or food stamps may be added
to the state employment application for purposes of targeting these
applicants. Each agency annually shall report to the
department State Office of Human Resources the
number of welfare Family Independence and food stamp
recipients employed in comparison to the established goal."
SECTION 12. Sections 43-5-1185 and 43-5-1190 of the 1976 Code,
as added by Act 102 of 1995, are amended to read:
"Section 43-5-1185. As a condition of eligibility for AFDC
Family Independence benefits, each adult recipient
determined to be in need of family skills by his Family
Independence case manager, and minor mother recipient must
participate in a family skills training program which must include, but
is not limited to, parenting skills, financial planning, and health
information. Whenever possible and practical, the department shall
coordinate with comparable staff of other state and local agencies in
providing these services.
This program must include an alcohol and other drug assessment
when it is determined by the department that an assessment is
appropriate. The department shall coordinate with the Department of
Alcohol and Other Drug Abuse Services to provide the proper
assessment of the recipient and training of the department personnel
who are to conduct the assessment. If the recipient is determined to
be in need of alcohol and other drug abuse treatment, the department
shall coordinate the services with the Department of Alcohol and
Other Drug Abuse Services and shall include the individually
determined terms and conditions of the treatment in the recipient's
agreement with the department.
This program must include a family planning assessment if it is
determined by the department that an assessment is appropriate. The
department shall coordinate with the Department of Health and
Environmental Control to provide the AFDC family with education,
evaluation, and counseling, consistent with Medicaid regulations.
State funds appropriated for family planning must not be used to pay
for an abortion.
Section 43-5-1190. An AFDC A Family
Independence recipient who, while receiving AFDC
FI benefits, has been identified as requiring alcohol and
other drug abuse treatment service or who has been convicted of an
alcohol related offense or a controlled substance violation or gives
birth to a child with evidence of the effects of maternal substance
abuse and the child subsequently is shown to have a confirmed
positive test performed on a suitable specimen within twenty-four
hours of birth, is ineligible for AFDC FI assistance
unless the recipient submits to random drug tests and/or participates
in an alcohol or drug treatment program approved by the Department
of Alcohol and Other Drug Abuse Services. Upon completion of the
program, if a subsequent random test or subsequent conviction for a
controlled substance violation occurs, the recipient is ineligible for
AFDC FI benefits. Benefits may be reinstated at a
later time upon reapplication, if the recipient first undergoes a
conciliation assessment, including review and/or modification of the
prescribed individual treatment program and agreement, and then
agrees to comply with its terms and demonstrates compliance for a
period of not less than sixty days. Testing of a child's specimen
pursuant to this section must be conducted by a medical laboratory
certified by the College of American Pathologists or the National
Institute of Drug Abuse for Forensic Urine Drug Testing."
SECTION 13. Section 43-5-1200 of the 1976 Code, as added by
Act 102 of 1995, is amended to read:
"Section 43-5-1200. One licensed vehicle per licensed driver
is exempt from the asset limit for Family Independence participants
in work or training. The asset limit for families on AFDC is
ten thousand dollars book value for a vehicle and a total of
all other assets is two thousand five hundred dollars for all
other assets."
SECTION 14. Sections 43-1-130, 43-5-510, 43-5-520, 43-5-530,
43-5-540, 43-5-550, 43-5-560, 43-5-570, and 43-5-640 of the 1976
Code are repealed.
SECTION 15. This act takes effect upon approval by the Governor.
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