H 4837 Session 110 (1993-1994)
H 4837 Joint Resolution, By J.T. McElveen, Boan, Cobb-Hunter, J.L.M. Cromer,
Govan, J.H. Hodges, Inabinett, J.G. Mattos, J.H. Neal, J.S. Shissias,
D.C. Waldrop and C.C. Wells
A Joint Resolution to enact the South Carolina Welfare and Administrative
Reform Act of 1994 so as to establish state welfare policy; to direct the
Department of Social Services to apply to the federal government for Aid to
Families with Dependent Children, food stamp, and Medicaid program waivers to
allow the imposition of sanctions for client noncompliance and to revise
income disregards for purposes of eligibility; to direct the State Housing
Finance Development Authority to apply for a federal pilot project waiver
placing a ceiling on rent in public housing; and to promote and encourage a
statewide network of mass transit systems; to initiate strategies directed at
preventive health services including increasing physician participation in
Medicaid, teenage pregnancy prevention, prenatal care, childhood
immunizations, access to clinic services, school nurses, and substance abuse
intervention and interagency collaboration; to provide education initiatives
including compulsory school attendance through age eighteen for AFDC
recipients and a review of compulsory school attendance generally, designing
adult education and technical programs to target AFDC recipients and at-risk
youth, developing a program to promote state agency hiring of AFDC recipients;
to direct the Department of Social Services to revise, review, and develop
administrative procedures including simplification of public assistance forms,
statewide implementation of the in-hospital Medicaid eligibility worker
program, procurement procedures, enhanced utilization of computer technology,
and child day care voucher procedures and access to day care services.
03/01/94 House Introduced and read first time HJ-15
03/01/94 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-16
04/13/94 House Committee report: Favorable with amendment
Medical, Military, Public and Municipal Affairs HJ-9
04/27/94 House Debate adjourned HJ-63
04/27/94 House Special order, set for after consideration of H
4835 (Under H 5172) HJ-106
04/28/94 House Amended HJ-350
04/28/94 House Read second time HJ-358
04/28/94 House Unanimous consent for third reading on next
legislative day HJ-359
04/29/94 House Read third time and sent to Senate HJ-3
05/03/94 Senate Introduced and read first time SJ-12
05/03/94 Senate Referred to Committee on General SJ-12
AMENDED
April 28, 1994
H. 4837
Introduced by REPS. McElveen, Cobb-Hunter, Cromer, Neal, Govan,
Shissias, Inabinett, Wells, Mattos, Boan, Hodges and Waldrop
S. Printed 4/28/94--H.
Read the first time March 1, 1994.
A JOINT RESOLUTION
TO ENACT THE SOUTH CAROLINA WELFARE AND
ADMINISTRATIVE REFORM ACT OF 1994 SO AS TO ESTABLISH
STATE WELFARE POLICY; TO DIRECT THE DEPARTMENT OF
SOCIAL SERVICES TO APPLY TO THE FEDERAL GOVERNMENT
FOR AID TO FAMILIES WITH DEPENDENT CHILDREN, FOOD
STAMP, AND MEDICAID PROGRAM WAIVERS TO ALLOW THE
IMPOSITION OF SANCTIONS FOR CLIENT NONCOMPLIANCE
AND TO REVISE INCOME DISREGARDS FOR PURPOSES OF
ELIGIBILITY; TO DIRECT THE STATE HOUSING FINANCE
DEVELOPMENT AUTHORITY TO APPLY FOR A FEDERAL
PILOT PROJECT WAIVER PLACING A CEILING ON RENT IN
PUBLIC HOUSING; AND TO PROMOTE AND ENCOURAGE A
STATEWIDE NETWORK OF MASS TRANSIT SYSTEMS; TO
INITIATE STRATEGIES DIRECTED AT PREVENTIVE HEALTH
SERVICES INCLUDING INCREASING PHYSICIAN
PARTICIPATION IN MEDICAID, TEENAGE PREGNANCY
PREVENTION, PRENATAL CARE, CHILDHOOD
IMMUNIZATIONS, ACCESS TO CLINIC SERVICES, SCHOOL
NURSES, AND SUBSTANCE ABUSE INTERVENTION AND
INTERAGENCY COLLABORATION; TO PROVIDE EDUCATION
INITIATIVES INCLUDING COMPULSORY SCHOOL
ATTENDANCE THROUGH AGE EIGHTEEN FOR AFDC
RECIPIENTS AND A REVIEW OF COMPULSORY SCHOOL
ATTENDANCE GENERALLY, DESIGNING ADULT EDUCATION
AND TECHNICAL PROGRAMS TO TARGET AFDC RECIPIENTS
AND AT-RISK YOUTH, DEVELOPING A PROGRAM TO
PROMOTE STATE AGENCY HIRING OF AFDC RECIPIENTS; TO
DIRECT THE DEPARTMENT OF SOCIAL SERVICES TO REVISE,
REVIEW, AND DEVELOP ADMINISTRATIVE PROCEDURES
INCLUDING SIMPLIFICATION OF PUBLIC ASSISTANCE FORMS,
STATEWIDE IMPLEMENTATION OF THE IN-HOSPITAL
MEDICAID ELIGIBILITY WORKER PROGRAM, PROCUREMENT
PROCEDURES, ENHANCED UTILIZATION OF COMPUTER
TECHNOLOGY, AND CHILD DAY CARE VOUCHER
PROCEDURES AND ACCESS TO DAY CARE SERVICES.
Amend Title To Conform
Whereas, the General Assembly finds that the welfare system of South
Carolina must be based upon a reciprocal agreement between welfare
recipients and those who pay the bills for welfare, the taxpayers. The
system must assist families in poverty to become economically
independent by providing the tools to achieve self-sufficiency while
deterring abuse of the system through the imposition of fair and
meaningful sanctions; and
Whereas, public assistance is not a desired choice for most recipients
since most recipients want to work and improve the lives of their
families as evidenced by the fact that the average Aid to Families with
Dependent Children (AFDC) recipient is on public assistance for less
than two years; and
Whereas, government resources for welfare, when used in an effective
manner, can reduce crime and prison populations, encourage
productivity, improve the quality of life of many South Carolina
families, and generally be as beneficial to this State as resources spent
on traditional economic development strategies; and
Whereas, preventing the need for public assistance is the most cost
effective approach for welfare reform with public policy that uses
resources to encourage and enable responsible family planning,
emphasize family unit preservation, and promote responsible prenatal
and parenting practices is a good investment in the future of South
Carolina; and
Whereas, public and private efforts to increase opportunities for
meaningful job creation and economic development can enable public
assistance recipients and other at-risk individuals to achieve
self-sufficiency; and
Whereas, administrative reforms can reduce the number of conflicting
and complex regulations for Aid to Families with Dependent Children
(AFDC), food stamps, and Medicaid that impact negatively on both
welfare clients and social service caseworkers; and
Whereas, if the public policy of South Carolina places a priority on
saving people who are mired in the welfare system, then the State will
benefit by saving money and the quality of life of all South Carolinians
can be enhanced by a lower crime rate, less incarceration, less illiteracy,
and stronger families. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
Part I
State Policy
SECTION 1. This act may be cited as the "South Carolina
Welfare Reform Act of 1994."
SECTION 2. It is the policy of the State that the welfare system in
South Carolina must be structured to assist families in poverty to
maximize their potential to become economically independent. At the
same time, there must be a reciprocal agreement between welfare
recipients and those who pay for welfare, the taxpayers. The system
must encourage individual responsibility by providing the tools to
achieve self-sufficiency and deter abuse of the system through the
imposition of fair and meaningful sanctions.
Part II
Self-Sufficiency Initiatives
SECTION 1. (A) To emphasize the importance of the reciprocal role
that an Aid to Families with Dependent Children client has in attaining
self-sufficiency and economic independence, the Department of Social
Services shall institute more meaningful sanctions for failure or refusal
to participate in the Work Support Program by applying to the federal
government for a waiver to allow sanctions to be imposed in the
following manner:
(1) Upon a client's initial refusal to participate in the Work
Support Program, a thirty-day conciliation period will be granted to the
client to reconsider. During this thirty-day period, the recipient has the
right to appeal the department's decision to impose sanctions. After the
thirty-day conciliation period, all benefits (AFDC, food stamps, and
Medicaid) must be terminated and may not be reinstated until the client
agrees to participate. If benefits are terminated, the Child Protective
Services Division of the department must be notified so as to take
appropriate action.
(2) If the client refuses to participate in the Work Support
Program a second time, all benefits will be terminated for at least three
months. If the client agrees to comply during this three-month penalty
phase, training, educational, or other services must be provided to the
client but the client is ineligible for benefits.
(3) If the client refuses to participate in the Work Support
Program a third time, all benefits will be terminated for at least six
months. If during this six-month penalty phase, the client agrees to
comply, training, educational, or other services must be provided to the
client but the client is ineligible for benefits.
(4) If the client refuses to participate a fourth time, all benefits
will be terminated with no possibility for client reinstatement of public
assistance.
(5) If the client participates in and completes the education and
training offered in the Work Support Program and then refuses an offer
of employment, all benefits will be terminated.
(6) If the client participates in and completes the education and
training offered in the Work Support Program and no acceptable job is
available, the client will be required to accept a full-time public service
job to continue receiving benefits, and the client will be required to
continue to search for permanent employment. If the client refuses an
offer of employment, all benefits will be terminated.
(B) In those counties in which the Department of Social Services
administers the Work Support Program the sanctions provided for in
subsection (A) apply to:
(1) clients receiving AFDC as of July 1, 1994, upon their first
annual recertification after July 1, 1994;
(2) all clients applying for AFDC after June 30, 1994.
(C) In those counties in which the Department of Social Services
does not administer a work support program as of this act's effective
date, the sanctions provided for in subsection (A) apply to:
(1) clients receiving AFDC as of July 1, 1994, as if the program
were available and in order to continue receiving benefits the client must
agree to participate when the program is implemented in the county;
(2) clients applying for AFDC after June 30, 1994, as if the
program were available and in order to begin receiving benefits the
client must agree to participate when the program is implemented in the
county;
(3) clients who subsequent to agreeing to participate fail or refuse
to participate when the program is implemented in the county are treated
as if it were an initial failure or refusal to participate.
SECTION 2. In order to assist families receiving Aid to Families with
Dependent Children 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 allowing the State to exclude
interest income and dividends in determining eligibility and payment
amounts for Aid to Families with Dependent Children.
SECTION 3. The State Housing Finance and Development Authority
and the Department of Social Services shall cooperate in making an
application to the Department of Housing and Urban Development for
a waiver for Charleston, Berkeley, Dorchester, and Barnwell Counties
to develop a pilot project placing a ceiling on rent and other federal
rental subsidy programs.
SECTION 4. 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 attitudes toward work, the Department of Social Services shall
apply to the federal government for a waiver for a pilot project in
Charleston, Berkeley, Dorchester, and Barnwell counties that allows the
State to exclude income earned by a minor child attending school when
determining eligibility or payment amount for Aid to Families with
Dependent Children.
SECTION 5. To promote independence and assist AFDC families in
participating in the Department of Social Services Work Support
Program and in getting to their place of employment reliable
transportation services are needed, and the Department of Social
Services in conjunction with the Department of Public Safety and county
and local governments shall endorse local efforts to develop a statewide
network of mass transit systems.
Part III
Preventive Services
SECTION 1. The Department of Health and Environmental Control
shall establish a 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 (human, emotional, and financial) to the care
of children and family members with health and medical problems, the
State must, as funding is available:
(1) provide greater access to and place emphasis on early and
continuous prenatal care;
(2) eliminate as many barriers to good prenatal care as possible;
(3) promote counseling and education about early childhood health
and especially the need for immunizations;
(4) foster better access to preventive health services through better
transportation, co-location of services, expanded hours for public health
clinics; and
(5) provide school nurses to increase access to primary care and
more effective identification and referral of health problems among
children;
(6) expand effective Medicaid reimbursable substance abuse
primary prevention, education, and intervention strategies;
(7) facilitate coordination among the Department of Social Services,
Department of Alcohol and Other Drug Abuse Services, Department of
Juvenile Justice, and the Department of Education in providing school
and community-leased education for alcohol and drug prevention
programs.
Part IV
Education Initiatives
SECTION 1. To enhance client access to services and to reduce client
confusion and agency error rates, 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 at the third grade level. SECTION 2. The Department
of Social Services shall develop a plan within its existing resources and
personnel to implement statewide the Charleston Department of Social
Services Medicaid Eligibility Hospital Worker program in which the
workers assist patients in applying for AFDC and Medicaid while still
in the hospital and in which the funding of the worker is shared by the
hospital and the Medicaid program.
SECTION 3. 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 payments to providers
of services to AFDC clients and child care and transportation providers
so that these providers are not deterred from providing services to these
clients.
SECTION 4. (A) All 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 three years each state agency shall report to the
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 section.
SECTION 5. (A) The Budget and Control Board, Office of Research
and Statistics Information Resource Planning and Management in
conjunction with the Department of Social Services and representatives
from all state health and social services agencies shall develop a long
range plan for the acquisition and implementation of a statewide
computer system compatible with all state agencies for the exchange and
sharing of information.
(B) For the next five years the Office of Research and Statistics
Information Resource Planning and Management shall report to the
General Assembly before January first on the development, fiscal
impact, and implementation of this system.
SECTION 6. (A) The Department of Social Services shall:
(1) in conjunction with the Department of Revenue study the
feasibility of integrating AFDC client information with the driver's
license digitization program;
(2) study the development of the digitization of data for use in an
electronic benefits program and other programs as may be applicable.
(B) Before January 1, 1996, the Department of Social Services and
the Department of Revenue jointly shall report to the General Assembly
the results of this study and make recommendations as may be
appropriate.
SECTION 7. (A) The Department of Social Services shall study and
develop a plan to aid in using computer technology in the uniform
application and enforcement of child care and foster care policies
statewide.
(B) Before January 1, 1996, the Department of Social Services shall
report to the General Assembly on its review, plan, and implementation
of the plan provided for in subsection (A).
SECTION 8. (A) The Department of Social Services and the
Department of Health and Human Services Finance Commission shall
develop a voucher management system for child day care that will
increase the number of child care slots available for AFDC clients by
maximizing state and federal funds and that will provide a continuum of
providers and services, develop on site child care centers at state
technical education schools, and ease liability concerns for companies
willing to start day care centers. The system must be managed by the
commission and must eliminate duplication in administrative functions.
(B) Before January 1, 1996, the Department of Social Services and
the Department of Health and Human Services Finance Commission
jointly shall report to the General Assembly on the progress of this
system.
SECTION 9. The Department of Social Services shall encourage day
care providers to offer day care services during second and third shift
time periods, and the department more closely shall monitor day care
providers to ensure compliance with nondiscriminatory policies and
upgrade standards.
Part V
Administrative Reforms
SECTION 1. (A) The Department of Social Services shall require all
children sixteen through eighteen years of age who are recipients of
AFDC benefits who have not completed high school to attend school as
a condition of continuing eligibility.
(B) Before January 1, 1996, the Department of Social Services and
the Department of Education shall study the compulsory age for school
attendance and evaluate and make recommendations to the General
Assembly concerning increasing the age from sixteen to seventeen or
eighteen.
SECTION 2. 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 3. (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 five years the Department of Social Services and the
State Board for Technical Education jointly shall report before January
first to the General Assembly on the projects completed under this
section and shall evaluate their effectiveness in assisting AFDC families
in becoming self-sufficient.
SECTION 4. The Department of Social Services in conjunction with
the Budget and Control Board, Division of Human Resource
Management shall develop a program to target, train, and hire AFDC
recipients to work in child support enforcement and other appropriate
positions in the department or other state agencies.
SECTION 5. Section 20-7-420 of the 1976 Code, as last amended by
Act 441 of 1992, is further amended by adding an appropriately
numbered item to read:
"( ) To require a parent or custodian of a child who receives
child support on behalf of a child to submit to the parent paying the
support or to the court, or both, at such times as the court requires an
accounting of expenditures made from the child support received and
such evidence of these expenditures as the court requires."
Part VI
Time Effective
SECTION 1. This joint resolution takes effect upon approval by the
Governor.
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