H 3251 Session 111 (1995-1996)
H 3251 General Bill, By J.T. McElveen
A Bill to enact the "Responsible Parenting Act of 1995" by adding Section
43-5-67, Code of Laws of South Carolina, 1976, so as to require parents
receiving Aid to Families with Dependent Children (AFDC) to be counseled on
the responsibilities of parenthood and on controlling family size; to prohibit
an increase in AFDC benefits because of an increase in the number of children
in a family; to provide that a family that discontinues receiving AFDC may not
include additional children in its family size when reapplying for benefits
unless the family did not receive AFDC for twenty-four or more months; to
provide that a child not included in the family size for the purpose of the
family receiving AFDC may receive Medicaid if otherwise eligible; and to
direct the Department of Social Services to apply for a waiver if necessary to
implement this Act.
01/12/95 House Introduced and read first time HJ-37
01/12/95 House Referred to Committee on Judiciary HJ-38
A BILL
TO ENACT THE "RESPONSIBLE PARENTING ACT OF
1995" BY ADDING SECTION 43-5-67, CODE OF LAWS
OF SOUTH CAROLINA, 1976, SO AS TO REQUIRE PARENTS
RECEIVING AID TO FAMILIES WITH DEPENDENT
CHILDREN (AFDC) TO BE COUNSELED ON THE
RESPONSIBILITIES OF PARENTHOOD AND ON
CONTROLLING FAMILY SIZE; TO PROHIBIT AN INCREASE
IN AFDC BENEFITS BECAUSE OF AN INCREASE IN THE
NUMBER OF CHILDREN IN A FAMILY; TO PROVIDE THAT
A FAMILY THAT DISCONTINUES RECEIVING AFDC MAY
NOT INCLUDE ADDITIONAL CHILDREN IN ITS FAMILY
SIZE WHEN REAPPLYING FOR BENEFITS UNLESS THE
FAMILY DID NOT RECEIVE AFDC FOR TWENTY-FOUR OR
MORE MONTHS; TO PROVIDE THAT A CHILD NOT
INCLUDED IN THE FAMILY SIZE FOR THE PURPOSE OF
THE FAMILY RECEIVING AFDC MAY RECEIVE MEDICAID
IF OTHERWISE ELIGIBLE; AND TO DIRECT THE
DEPARTMENT OF SOCIAL SERVICES TO APPLY FOR A
WAIVER IF NECESSARY TO IMPLEMENT THIS ACT.
Whereas, the welfare system was developed in our country to assist
families unable to provide for their basic needs and to provide a
foundation for families to better themselves; and
Whereas, this system has often failed to be the springboard to
self-sufficiency and independence it was thought to be; and
Whereas, too many families and even generations of families have
grown increasingly dependent on the welfare system and unable to
break the welfare cycle; and
Whereas, welfare policy should promote pride, responsibility, and
independence and should assist families in breaking the welfare
cycle rather than rewarding continuation in the system; and
Whereas, a growth in family size and the commensurate increase in
benefits makes it more difficult for families to escape the grips of
welfare; and
Whereas, nonwelfare families receive no increase in their incomes
for increasing family size; and
Whereas, removing incentives that may exist for increasing family
size while on welfare and thereby aiding families in leaving welfare
is a policy that is both practical and compassionate. Now,
therefore,
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. This act may be cited as the "Responsible
Parenting Act of 1995."
SECTION 2. The 1976 Code is amended by adding:
"Section 43-5-67. (A) Before a family qualified to receive
Aid to Families with Dependent Children (AFDC) may receive
benefits, the mother and the father, if he is living in the home, must
be counseled on the responsibilities of parenthood and on options
for controlling the size of a family, including birth control and
abstinence.
(B) From the date of enactment of this act, payments of AFDC
to an individual or family must be based upon the number of
children or family size at the time of the initial application. The
benefits for families or individuals presently receiving AFDC or
who applied for benefits between January 1, 1995, and the effective
date of this act must be based on family size as of the last
certification before the effective date of this act in the first instance
and on verified family size stated in the application in the latter
instance. In no event shall benefits be increased because of an
increase in the number of children or family size during the time
AFDC is received.
(C) A family that discontinues receiving AFDC benefits for any
reason and which subsequently reapplies for benefits may not
include any more children in the family size for determining the
amount of AFDC than were included in the family size at the time
benefits were discontinued, unless the family did not receive AFDC
for twenty-four months or more.
(D) A child not included in the family size for the purpose of
determining the amount of AFDC benefits a family may receive
pursuant to this section may receive Medicaid if the child is
otherwise entitled.
(E) The Department of Social Services shall carry out the
provisions of this section including developing the necessary forms
to be used and may promulgate regulations if necessary."
SECTION 3. If it is necessary to obtain a waiver from the
federal government to implement Section 43-5-67 of the 1976
Code, as added by Section 2 of this act, without the risk of a
substantial monetary sanction, the Department of Social Services
shall proceed immediately to prepare and apply for the waiver.
However, if the waiver is denied, this act does not become effective
unless the General Assembly in its next appropriations act after the
denial approves the implementation of this act.
SECTION 4. This act takes effect upon approval by the
Governor.
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