South Carolina General Assembly
110th Session, 1993-1994

Bill 4835


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               House
Bill Number:                    4835
Primary Sponsor:                McElveen
Committee Number:               08
Type of Legislation:            JR
Subject:                        Self-Sufficiency and Parental
                                Responsibility Act of 1994
Residing Body:                  Senate
Current Committee:              General Committee
Computer Document Number:       CYY/15738AC.94
Introduced Date:                19940301
Date of Last Amendment:         19940428
Last History Body:              Senate
Last History Date:              19940503
Last History Type:              Introduced, read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   McElveen
                                Cobb-Hunter
                                Cromer
                                Neal
                                Govan
                                Shissias
                                Inabinett
                                Waldrop
                                Boan
                                Wells
                                Mattos
                                Hodges
Type of Legislation:            Joint
                                Resolution



History


Bill  Body    Date          Action Description              CMN  Leg Involved
____  ______  ____________  ______________________________  ___  ____________

4835  Senate  19940503      Introduced, read first time,    08
                            referred to Committee
4835  House   19940429      Read third time, sent to
                            Senate
4835  House   19940428      Amended, read second time,
                            unanimous consent for third
                            reading on next Legislative
                            day
4835  House   19940427      Made Special Order under
                            H.5171
4835  House   19940427      Debate adjourned
4835  House   19940413      Committee Report: Favorable     27
4835  House   19940301      Introduced, read first time,    27
                            referred to Committee

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

AMENDED

April 28, 1994

H. 4835

Introduced by REPS. McElveen, Cobb-Hunter, Cromer, Neal, Govan, Shissias, Inabinett, Waldrop, Boan, Wells, Mattos and Hodges

S. Printed 4/28/94--H.

Read the first time March 1, 1994.

A JOINT RESOLUTION

TO ENACT THE SOUTH CAROLINA SELF-SUFFICIENCY AND PARENTAL RESPONSIBILITY ACT OF 1994 SO AS TO ESTABLISH THE WELFARE POLICY OF THE STATE; TO EXPAND THE DEPARTMENT OF SOCIAL SERVICES WORK SUPPORT PROGRAM STATEWIDE; TO REVISE THE REQUIREMENTS FOR PARTICIPATION IN THE WORK SUPPORT PROGRAM; TO DIRECT THE DEPARTMENT OF SOCIAL SERVICES TO APPLY FOR FEDERAL WAIVERS FOR A TRANSITION TO EMPLOYMENT PROGRAM, REMOVAL OF THE AUTOMOBILE RESOURCE VALUE LIMIT, A SELF-SUFFICIENCY PILOT PROJECT, AND ELIMINATION OF THE PARENTAL DEPRIVATION RULE; TO REQUIRE MANDATORY PARTICIPATION IN THE WORK SUPPORT PROGRAM BY NONCUSTODIAL UNEMPLOYED PARENTS; TO EXPAND THE DEPARTMENT OF SOCIAL SERVICES TEEN COMPANION PROGRAM; TO PROVIDE PARENTING AND DAILY LIVING SKILLS AS PART OF THE WORK SUPPORT PROGRAM; TO DIRECT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CONTINUE EXPANSION OF FAMILY PLANNING SERVICES INCLUDING A FEDERAL WAIVER EXTENDING MEDICAID FAMILY PLANNING ELIGIBILITY FOR TWO YEARS AFTER CHILDBIRTH AND TO RECOMMEND A FIVE-YEAR FUNDING PHASE-IN FOR THESE 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 bill 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, 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 joint resolution may be cited as the "South Carolina Self-Sufficiency and Parental Responsibility 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

SECTION 1. The Department of Social Services Work Support Services Delivery System (Work Support Program), Article 5, Chapter 5, Title 43, an employability development and job placement program for recipients of Aid to Families with Dependent Children currently administered by the department in twenty-seven counties must be expanded to provide the full array of program services in the remaining counties.

SECTION 2. To foster the goals of self-sufficiency and independence in the early stages of a family's involvement in the welfare system, the Department of Social Services shall apply to the federal government for a waiver authorizing the State to require an Aid to Families with Dependent Children parent to participate in the Work Support Program when the parent's youngest child is six months old rather than three years old, the current threshold for participation.

SECTION 3. To promote stability and longevity in employment, the Department of Social Services shall apply to the federal government for a waiver authorizing a transition program for employed AFDC clients who because of their income would otherwise be ineligible but who do not have sufficient income or earning power to avoid returning to welfare following the abrupt loss of AFDC benefits. The transition program waiver would assure continued AFDC day care and Medicaid benefits but would reduce economic benefits incrementally each quarter after the family's income exceeds the net income allowed for AFDC eligibility, according to the following schedule:

(1) For the first quarter, the family would receive a grant of twenty percent of the maximum AFDC award for the family size.

(2) For the second quarter, the family would receive a grant of fifteen percent of the maximum award for the family size.

(3) For the third quarter, the family would receive a grant of ten percent of the maximum award for the family size.

(4) For the last quarter, the family would receive a grant of five percent of the maximum award for the family size.

SECTION 4. In order to assist AFDC families in fulfilling their obligations to participate in the work support program or to assure their ability to get to their place of employment by having reliable transportation, the Department of Social Services shall apply to the federal government for a waiver authorizing the department to remove the one thousand five hundred dollars equity value resource limit on a car so as to allow a family one vehicle without regard to value.

Part III

Self-Sufficiency Pilot Project

SECTION 1. The Department of Social Services shall apply to the federal government for a waiver to revise its Work Support Program and AFDC program to implement a self-sufficiency pilot project in Charleston, Berkeley, Dorchester, and Barnwell Counties providing individualized intensive case management which would:

(1) provide a continuum of services, including transitional services, to clients and their children, based on a holistic model where case managers are assigned to coordinate services based on individualized client needs;

(2) consolidate all work support functions for AFDC clients under the Department of Social Services and charge the department with the responsibility for placing AFDC clients into meaningful employment;

(3) establish a reciprocal agreement of service provision and program participation and compliance between the client and the State;

(4) establish and locate job development and placement specialists and housing specialists at the Department of Social Services to serve these needs for AFDC clients;

(5) identify the time frame necessary for each client to complete an individualized plan for self-sufficiency;

(6) provide community service employment to clients when they successfully complete their individualized plans but no jobs are available for employment;

(7) sanction those clients who refuse to comply with their individualized plans in the following manner:

(a) Upon the client's initial refusal to comply with the plan, a thirty-day conciliation period will be granted to the client to reconsider. During this thirty-day period, the recipient will have the right to appeal the department's decision to impose sanctions. After the thirty-day conciliation period all AFDC, food stamps, and Medicaid benefits will be terminated and will not be reinstated until the client agrees to comply with the individualized plan.

(b) If the client refuses to comply with the plan a second time, all benefits will be terminated for at least three months. If during this three-month penalty phase, the client agrees to comply, training, educational, or other services as outlined in the plan may be provided to the client but the client is ineligible for benefits.

(c) If the client refuses to comply with the plan the 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 as outlined in the plan may be provided to the client but the client is ineligible for benefits.

(d) If the client refuses to comply with the plan a fourth time, all benefits will be terminated with no possibility for client reinstatement of public assistance.

SECTION 2. The Department of Social Services shall seek federal funds for a demonstration project in Charleston, Berkeley, Dorchester, and Barnwell Counties using the concept of entrepreneurial development to create jobs and provide incentives for AFDC clients in their efforts to attain self-sufficiency and independence. The project should create jobs in identified markets for AFDC clients, provide clients with job skills and opportunities to develop expertise in operating businesses, and allow clients to accrue savings, buy stock in a business or, over a period of time, purchase a business. In carrying out this pilot the department should work in conjunction with public, community, and private sector entities including businesses, banks, and other institutions to develop strategies that provide training, technical assistance, planning and research to AFDC clients in their efforts to own their own businesses.

SECTION 3. The Department of Social Services and the Department of Commerce shall develop a demonstration project in Charleston, Berkeley, Dorchester, and Barnwell Counties that offers incentive packages to industries in an effort to obtain employment for AFDC clients. The industries identified for the pilot should include manufacturing industries that employ large numbers of people with minimum skills, industries that are willing to hire and train workers with little or no skills, and industries that agree to employ AFDC-trained workers. The demonstration should offer, at a minimum, some combination of the following incentives:

(1) limitations on corporate liability for day care services as an

incentive to encourage more on site programs, provision of vouchers for use by welfare clients at licensed or registered day care centers, and expansion of public operated day care centers to accommodate AFDC recipients;

(2) welfare payments as salary supplements for AFDC employees for a limited but sufficient time for the employee to acquire insurance coverage under the new employer and to complete any probationary period established by the employer;

(3) transportation to the work site for new employees and AFDC recipients or other assistance such as vouchers or tax credits for co-workers who provide transportation to these employees.

SECTION 4. To assist AFDC families in these pilot project counties to more gradually ease from the welfare system and thereby attain a more stable level of self-sufficiency and reduce the recidivism rate of families returning to welfare, the Department of Social Services shall apply to the federal government for a waiver allowing the department to revise its income requirements for families on AFDC. Under this waiver the department would disregard fifty percent of a family's total gross income until the remaining fifty percent exceeded the amount of income allowed to be eligible for AFDC, rather than the current disregard of thirty-three-and-one-third percent for only four months.

SECTION 5. To assist AFDC families in the pilot project counties to gain financial independence and to develop economic stability through acquiring assets, the Department of Social Services shall apply to the federal government for a waiver to increase the amount of assets a family may have from one thousand to three thousand dollars and to remove the one thousand five hundred dollars equity value on a car so as to allow a family to have one vehicle without regard to value.

Part IV

Parental Responsibility

SECTION 1. In order to strengthen and support AFDC families, promote self-sufficiency, and provide children with the benefits of a two-parent household, the Department of Social Services shall apply to the federal government for a waiver to eliminate the "parental deprivation rule" which deems a family ineligible for AFDC benefits, regardless of the family's income, if both parents live in the home and neither is disabled. Those parents in an AFDC family who are unemployed or underemployed shall participate in the Department of Social Services Work Support Program.

SECTION 2. Notwithstanding any other provision of law, if a court order for child support is in effect an unemployed or underemployed noncustodial parent shall participate in the Department of Social Services Work Support Program.

SECTION 3. As a vital strategy in the effort to break the culture of dependency and deter young women from perpetuating the role of welfare in their lives, the Department of Social Services shall expand its Teen Companion program, a Medicaid funded project in which professional staff and AFDC mothers counsel at risk youth about the problems associated with teen pregnancy and the difficulties of teenage parenthood. The department shall also develop measurable goals to use in monitoring and evaluating this program.

SECTION 4. In an effort to provide comprehensive assistance to AFDC clients that leads to self-sufficiency, the Department of Social Services Work Support Program should include classes on parenting skills and daily living skills including, but not limited to, money management and budgeting, managing a household, marriage and family relationships, stress management and coping skills.

SECTION 5. In order to encourage responsible family planning and enable AFDC clients to limit family size, one of the most crucial elements to escaping poverty, greater access to family planning counseling and to a broad range of family planning methods must be available. To meet this need the Department of Health and Environmental Control should continue its efforts to obtain additional outreach workers, social workers, and health educators and should vigorously pursue its federal waiver extending Medicaid family planning service eligibility up to twenty-four months after childbirth. Funding for these programs should be phased in over a five-year period.

SECTION 6. To further strengthen the family unit and promote responsible parenting, the concept of family planning must be expanded beyond methods of contraception to include more education about reproductive health, abstinence, pregnancy spacing, sexually transmitted diseases with an emphasis on AIDS education, and the responsibility of males for pregnancy avoidance and postponement. The Department of Health and Environmental Control shall define a set of clinical, educational, and method oriented family planning services for males and females. The department shall assist and encourage state agencies and private sector health care professionals to provide this expanded information to their clients and shall promote a coordinated public-private effort to address this issue.

SECTION 7. (A) Notwithstanding any other provision of law, no family may receive Aid to Families with Dependent Children for more than thirty-six months unless the head of the household is:

(1) permanently or totally disabled, whether physical or mental;

(2) unable to obtain employment in the private sector because no job for which the person is qualified is available but the person is working forty hours per week in a volunteer public sector community placement;

(3) providing full time care to a disabled dependent in the home; or

(4) unemployed because Work Support program services including, but not limited to, transportation or child care are not available to assist the person in becoming self-sufficient.

Evidence of the exceptions to the thirty-six month benefit limit as enumerated in this subsection must be provided to the department in the manner and form as the department may require.

(B) The Department of Social Services shall apply for a waiver to implement the provisions of subsection (A).

(C) Using funds currently appropriated in the 1994-95 General Appropriations Act for the Department of Social Services JOBS Program, the Department shall contract with the State Budget and Control Board to conduct a study to determine the savings in state funds that will be realized by limiting Aid to Families with Dependent Children benefits to thirty-six months, as provided for in subsection A, and shall report to the House Ways and Means Committee and the Senate Finance Committee on or before June 30, 1995, and any savings realized from this limitation must be appropriated to the department to expand and enhance its JOBS Program.

(D) This section takes effect July 1, 1994, and applies to families who apply for Aid to Families with Dependent Children benefits after June 30, 1994, and upon recertification to families receiving or who have been determined eligible to receive Aid to Families with Dependent Children as of July 1, 1994.

SECTION 8. (A) Notwithstanding any other provision of law, no family may receive Aid to Families with Dependent Children for more than thirty-six months unless the head of the household is:

(1) permanently or totally disabled, whether physical or mental;

(2) unable to obtain employment in the private sector because no job for which the person is qualified is available but the person is working forty hours per week in a volunteer public sector community placement;

(3) providing full time care to a disabled dependent in the home; or

(4) unemployed because work support program services.

Evidence of the exceptions to the thirty-six month benefit limit as enumerated in this subsection must be provided to the department in the manner and form as the department may require.

(B) The Department of Social Services shall apply for a waiver to implement the provisions of subsection (A).

(C) Using funds currently appropriated in the 1994-95 General Appropriations Act for the Department of Social Services JOBS Program, the Department shall contract with the State Budget and Control Board to conduct a study to determine the savings in state funds that will be realized by limiting Aid to Families with Dependent Children benefits to thirty-six months, as provided for in subsection A, and shall report to the House Ways and Means Committee and the Senate Finance Committee on or before June 30, 1995, and any savings realized from this limitation must be appropriated to the department to expand and enhance its JOBS Program.

(D) This section takes effect July 1, 1994, and applies to all individual families who are receiving or who apply for Aid to Families with Dependent Children benefits after June 30, 1994, and upon recertification to families receiving or who have been determined eligible to receive Aid to Families with Dependent Children as of July 1, 1994.

PART V

Time Effective

SECTION 3. This joint resolution takes effect upon approval by the Governor.

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