Current Status Bill Number:615 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19950308 Primary Sponsor:Moore, All Sponsors:Moore, Land, Washington, Elliott, Short, Lander, Leventis, Rankin and Reese Drafted Document Number:RES9654.TLM Residing Body:Senate Current Committee:General Committee 08 SG Subject:Welfare Reform and Responsibility Act of 1995
Body Date Action Description Com Leg Involved
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Senate 19950308 Introduced, read first time, 08 SG
referred to Committee
View additional legislative information at the LPITS web site.
TO ENACT THE SOUTH CAROLINA WELFARE REFORM AND RESPONSIBILITY ACT OF 1995 SO AS TO ESTABLISH THE STATE WELFARE POLICY; TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO APPLY TO THE FEDERAL GOVERNMENT FOR AFDC RECIPIENTS WAIVERS TO ALLOW IMPOSITION OF SANCTIONS FOR CLIENT NONCOMPLIANCE; TO REQUIRE AFDC CLIENTS TO ENTER INTO AGREEMENTS WITH THE DEPARTMENT OF SOCIAL SERVICES IN ORDER TO RECEIVE BENEFITS; TO DIRECT ALL APPLICABLE STATE AGENCIES TO FORM COMMUNITY WORK GROUPS TO REDUCE WELFARE DEPENDENCY; TO DIRECT THE EMPLOYMENT SECURITY COMMISSION TO DESIGNATE A SEPARATE DIVISION AT ALL LOCAL LEVELS TO DEAL EXCLUSIVELY WITH WELFARE RECIPIENTS IN SECURING LONG-TERM EMPLOYMENT; TO AMEND THE 1976 CODE BY ADDING SECTION 12-7-1280 SO AS TO PROVIDE TAX CREDITS TO BUSINESSES AND INDIVIDUAL TAXPAYERS WHO HIRE OR ASSIST IN SECURING EMPLOYMENT FOR WELFARE RECIPIENTS; TO INITIATE STRATEGIES DIRECTED AT PREVENTIVE HEALTH SERVICES INCLUDING TEENAGE PREGNANCY PREVENTION, PRENATAL CARE, CHILDHOOD IMMUNIZATIONS, SUBSTANCE ABUSE INTERVENTION, AND ACCESS TO CLINIC SERVICES; TO REQUIRE COMPULSORY SCHOOL ATTENDANCE THROUGH AGE EIGHTEEN FOR ALL AFDC RECIPIENTS; TO DEVELOP A PROGRAM TO PROMOTE STATE AGENCY HIRING OF AFDC RECIPIENTS; TO LIMIT AFDC ASSISTANCE TO THIRTY-SIX MONTHS AND TO PROVIDE EXCEPTIONS; TO REQUIRE AFDC RECIPIENTS TO ATTAIN JOB TRAINING GOALS AS ESTABLISHED BY COLLABORATIVE EFFORTS BETWEEN THE DEPARTMENT OF SOCIAL SERVICES AND THE EMPLOYMENT SECURITY COMMISSION; TO DIRECT ALL APPLICABLE STATE AGENCIES TO REVIEW, REVISE, AND DEVELOP EFFICIENT AND EFFECTIVE ADMINISTRATIVE PROCEDURES INCLUDING THE SIMPLIFICATION OF PUBLIC ASSISTANCE FORMS, PROCUREMENT PROCEDURES, ELIGIBILITY DETERMINATIONS, ACCESS TO CHILD DAY CARE SERVICES, AND ENHANCED UTILIZATION OF COMPUTER TECHNOLOGY FOR SHARING AMONG MULTIPLE AGENCIES; TO AMEND THE 1976 CODE BY ADDING SECTION 20-7-937 SO AS TO REQUIRE THE PATERNAL PARENT OF A CHILD TO SUPPORT A GRANDCHILD IF THE PARENT OF THE GRANDCHILD IS UNDER EIGHTEEN YEARS OF AGE, WITH EXCEPTIONS; TO REQUIRE AFDC RECIPIENTS TO PROVIDE ADDITIONAL INFORMATION ON FATHERS AS A CONDITION OF ELIGIBILITY; TO REQUIRE AFDC RECIPIENTS TO ENTER AN ALCOHOL OR SUBSTANCE ABUSE PROGRAM UNDER CERTAIN CONDITIONS; TO REVISE INCOME AND ASSET LIMITS FOR AFDC ELIGIBILITY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the South Carolina Reform and Responsibility Act of 1995.
SECTION 2. It is the policy of this state that the welfare system must be based upon a reciprocal agreement between welfare recipients and taxpayers. There also must exist a common goal and vision between the parties, working together at the community level to make life better for all. It must assist families to become economically independent, provide tools to achieve and maintain self-sufficiency, and deter abuse of the system through fair and meaningful sanctions.
SECTION 1. As used in this act:
(1) `Aid to Families with Dependent Children' or 'AFDC' means cash payments or stipends paid to individuals who meet established eligibility criteria.
(2) `Welfare' means cash assistance payments through the Aid to Families with Dependent Children program which must be provided as a stipend to assist families to become employed.
SECTION 1. It is directed that the General Assembly restructure the welfare system in South Carolina to assist families in poverty to become economically independent. Cooperation and coordination among all state agencies and local governments are necessary for this to be successful. In so doing, efforts must be both effective and efficient, avoiding duplication of services at any level. Inasmuch that the Employment Security Commission has offices throughout the state, and is the primary source for most job vacancies, it is directed that this agency set up a separate division in each local office in dealing with AFDC job applicants. Referrals may be made to the Commission by the Department of Social Services to assist the recruiting process. Collaboration teams made up of ESC, DSS, Vocational Rehabilitation, and any other agency(ies) shall set forth a plan and a time-limited goal for each AFDC recipient to ascertain whether the recipient requires additional training, or is available for immediate gainful employment. DSS shall be responsible for retaining copies of all plans/goals for each individual recipient's file. Welfare assistance must be provided as a stipend to a family unit as long as there is satisfactory participation in required employment and training activities.
SECTION 2. (A) To emphasize the reciprocal responsibility that exists between welfare recipients and the taxpayers, an agreement must be signed by each adult AFDC recipient. In the case of a minor mother living in the home of her parents or legal guardian, the minor mother and her parent or guardian must sign the agreement. The agreement shall describe the necessary actions of the recipient in becoming employed and the time frames involved for completion of those actions. The agreement shall also describe the services all applicable state agencies will provide and coordinate to assist the recipient in becoming gainfully employed. Assistance shall also include, but not be limited to, Employment Security Commission's job specialists, DSS's economic activity specialists, independent financial planners, personal, social, or other working adjustment training specialists. Additionally, qualified local citizens within each community may volunteer to assist the agencies in this endeavor.
(B) An applicant who appears to be eligible for welfare assistance and who is required or volunteers to participate in the employment and training program shall be referred by DSS to ESC. An applicant referred for an initial job search shall provide evidence by listing the employer visited, the date of the visit, and a signature of the person with whom the applicant visited. An applicant who does not provide this information shall not be approved for assistance until the information is furnished. A joint assessment by the local collaboration team of state agencies must be conducted on an applicant who is unsuccessful in securing gainful employment to determine if the applicant needs additional training. In the event additional training is required, the local collaboration team shall contact the area technical schools, vocational rehabilitation or any other governmental or business entity to assist and coordinate further necessary actions.
(C) The Department of Social Services shall provide all applicants with the necessary information that will be provided or coordinated by the local collaboration team. The collaboration team shall also market its employment and training program to employers and other related entities in the community.
SECTION 3. The local collaboration teams, as part of their reporting requirements, shall provide input, on at least a quarterly basis, the results of their efforts to the Governor's Office, the Senate Judiciary Committee, and the House Judiciary Committee. Current allocated resources among all state agencies of the collaboration teams shall be utilized, avoiding any duplication of services.
SECTION 4. Relocation assistance may be provided to families, where appropriate and approved by the local collaboration teams, in job depressed areas of the state.
SECTION 5. Chapter 7, Title 12 of the 1976 Code is amended by adding:
"Section 12-7-1290. (A) A taxpayer, who employs a person who within twelve months of becoming gainfully employed received AFDC benefits and who continuously has remained gainfully employed for twelve months, is allowed a tax credit against taxes due under this chapter for wages paid to the employee in an amount equal to:
(1) twenty-five percent of wages up to five thousand dollars paid for the first year of employment;
(2) twenty percent of wages paid up to five thousand dollars paid for the second year of employment;
(3) fifteen percent of wages paid up to five thousand dollars paid for the third year of employment.
(B)An individual taxpayer, who volunteers and assists in the employment training of a person who within twelve months of becoming gainfully employed received AFDC benefits, is allowed a tax credit against taxes due on his individual tax return under this chapter in an amount equal to two hundred and fifty dollars, provided that taxpayer rendered at least one hundred hours of volunteer assistance service.
(C) The Department of Social Services and the Employment Security Commission must make information available to employers interested in hiring AFDC recipients and must provide documentation to employers verifying a person's status as an AFDC recipient. Additionally, these agencies must maintain records and time logs for all individual taxpayer volunteers who have assisted in the job training sessions of an AFDC recipient. This information will be reported to the individuals, as well as the proper taxing authorities.
(D) This section applies to tax years beginning after 1994."
SECTION 6. Each state agency shall develop a program to promote the hiring of qualified AFDC recipients. Although no set quotas or goals will be mandated, each agency is encouraged to consider those that are qualified for vacancies that occur requiring a high school diploma or less. An annual report shall be submitted to the Governor's Office, detailing the number of AFDC recipients hired. This report shall be due no later than sixty days after the close of each state fiscal year.
SECTION 1. (A) To emphasize the necessity of each family achieving economic independence and self-sufficiency, the Department of Social Services shall institute more meaningful sanctions for failure or refusal to comply with the employment and training agreement entered into between the agency and the welfare recipient. DSS shall apply to the federal government for a waiver to allow sanctions to be imposed in the following manner:
(1) grant a thirty-day conciliation period for the recipient to reconsider the decision not to comply with the terms of the agreement. During this thirty-day period, the recipient has the right to appeal DSS's decision to impose sanctions. After the thirty-day conciliation period, if the fair hearing is not in the recipient's favor, all AFDC benefits must be terminated. Benefits may be reinstated when the recipient agrees to comply with the terms of the agreement and demonstrates a willingness to comply in the employment and training program for a period of thirty days.
(2) terminate all AFDC benefits if the recipient completes the training program and then refuses to accept an offer of gainful employment.
(3) terminate all AFDC benefits for a period of three months if the recipient voluntarily or involuntarily, with due cause, terminates gainful employment. The recipient may participate in additional training sessions, but benefits will be ineligible during this penalty phase.
(B) A recipient has good cause for failing to comply with the employment and training provisions of the agreement if the recipient is:
(1) a parent or caretaker relative of a child under nine months of age;
(2) at least five months pregnant, with verification of the pregnancy by a licensed health care provider;
(3) incapacitated and the incapacity is verified by a licensed physician, and is determined by the physician that the incapacity prevents the recipient from engaging in gainful employment or participating in the training program;
(4) caring for an incapacitated person as verified by a licensed physician;
(5) unable to participate because child care and reasonable transportation were not available or provided when needed in participation in the employment and training programs.
SECTION 2. To emphasize that welfare is temporary assistance in time of trouble, the Department of Social Services shall apply to the federal government for a waiver authorizing assistance in the AFDC program to be limited to no more than thirty-six months out of one hundred and twenty months and no more than seventy-two months in a lifetime except when:
(1) the head of the household is disabled, whether mentally or physically, as verified by a licensed physician;
(2) the head of the household is providing full-time care for a disabled individual in the home;
(3) the parent of a child for whom assistance is received is a minor under the age of eighteen who has not completed high school. Assistance must be provided for a period up to twenty-four months after the minor parent attains the age of eighteen, or completes high school, whichever occurs first;
(4) the adult head of household is not the parent of the child and is not included in the assistance check;
(5) the adult head of household is providing a home for and caring for a child who has been determined to be abandoned by the parents and for whom the alternative placement is foster care;
(6) child care or transportation is not readily available.
SECTION 3. To remove the disincentive to employment that occurs when a family's AFDC payment is reduced because of a minor child's earnings and to encourage children in AFDC families to develop positive work attitudes, the Department of Social Services shall apply to the federal government for a waiver to exclude income earned by a minor child attending school when determining eligibility or payment amount for aid to families with dependent children.
SECTION 4. In order to assist families receiving AFDC benefits in gaining financial independence and in building for the future, the Department of Social Services shall apply to the federal government for a waiver to exclude interest income and dividends in determining eligibility or payment amount for aid to families with dependent children.
SECTION 5. In order to assist AFDC families in fulfilling their obligations to participate in the employment and training programs or to assure their ability to get to their place of employment by having reliable transportation, DSS shall apply to the federal government for a waiver to remove the one thousand five hundred dollars equity value resource limit on a vehicle so as to allow a family one vehicle without regard to value.
SECTION 1. To encourage parents to plan for security and assume responsibility for their children, there must be no incremental increase in AFDC benefits to a family as a result of a child born to that parent eleven or more months after the family begins to receive AFDC benefits. This section does not apply if it is determined that the child was conceived as a result of rape or incest. The State may provide benefits to a child after eleven months in the form of vouchers for particular goods and services as specified by the State.
SECTION 2. An AFDC recipient who, while receiving AFDC benefits, has been identified as requiring alcohol and other substance abuse treatment services as verified by a licensed health care provider or who has been convicted of an alcohol related offense or a controlled substance violation or gives birth to a child in whose system drugs are found to be present as shown by blood analysis performed at birth, shall be reported to Child Protective Services Division of the Department of Social Services. To the extent that the law allows, AFDC benefits will be suspended until such time the parent enrolls in an alcohol or other substance abuse treatment program available through the Department of Alcohol and Other Drug Abuse Services.
SECTION 3. Welfare recipients under the age of eighteen who have not finished high school must be enrolled and maintain satisfactory attendance, as defined by the Department of Education, in school as a condition of eligibility for benefits.
SECTION 4. To eliminate restrictions that break up families and to encourage the formation of new families, DSS shall remove the requirement that a child be deprived of support from one or both parents to be eligible for assistance and shall remove the one hundred hour rule and the recent connection to the labor force rule.
SECTION 5. The State shall apply for a federal waiver to require AFDC and Medicaid applicants and recipients as an additional condition for receiving benefits to provide:
(1) the first and last name of the absent parent and putative father and any known business, occupational, professional or driver's license; and
(2) at least two of the following subitems on each absent parent and each putative father named:
(a) date of birth;
(b) social security number;
(c) last known home address;
(d) last known employer's name and address;
(e) either of the absent parent's name and address.
An applicant or recipient who fails to provide this information or who provides the names of two putative fathers, both of whom are excluded from paternity by genetic testing, is ineligible for assistance for himself or herself and the child for whom parental information was not provided unless the applicant or recipient asserts, and it is verified, there is good cause for not providing the information. Good cause includes documentation of incest,rape, or the existence or the threat of physical or sexual abuse to the child or custodial parent.
SECTION 1. Chapter 7, Title 20 of the 1976 Code is amended by adding:
"Section 20-7-937. When a child is born to parents, either or both whom are unmarried and under eighteen years of age and live with his or her parents, the Child Support Enforcement Division of the State Department of Social Services may pursue support and maintenance of that child, including health insurance, from the child's paternal grandparents as long as the parent of the child is under eighteen years of age and resides with the child's grandparents, except:
(a) when the maternal grandparents do not allow the child's father to visit with the child;
(b) when the maternal grandparents do not allow the child's father or the paternal grandparents to pay child support.
In cases of the preceding exceptions, the Child Support Enforcement Division of the State Department of Social Services may pursue support and maintenance of the child, including health insurance from the maternal grandparents."
SECTION 1. The Department of Health and Environmental Control and the Department of Health and Human Services Finance Commission shall develop a joint task force of reproductive health care providers and professionals to develop incentives to increase physician participation in the Medicaid program in order to provide better access to comprehensive family planning and prenatal care for Medicaid clients.
SECTION 2. The Department of Health and Human Services Finance Commission shall establish a task force to explore ways to provide support and funding for a statewide teen pregnancy prevention council coordinator to provide information and technical assistance to local teen pregnancy prevention councils.
SECTION 3. To assist AFDC families in directing their efforts to becoming economically stable and financially independent rather than diverting their resources to the care of children and family members with health and medical problems, the State, through coordination and cooperation among various agencies utilizing current resources, must:
(1) provide greater access to place more emphasis on early and continuous prenatal care;
(2) eliminate as many barriers to good prenatal care as possible;
(3) establish teen parent initiatives dealing with school drop out programs, parent effectiveness training programs, and family planning programs;
(4) promote counseling and education about early childhood health, especially the need for immunizations;
(5) foster better access to preventive health services through expanded hours of health care clinics;
(6) provide, as funding allows, school nurses to increase access to primary care and more effective identification and referral of health care among children.
SECTION 1. The Department of Social Services, with existing resources and personnel, shall develop simplified AFDC, Medicaid and food stamp application forms and instructions which are understandable. If necessary, for compliance with federal regulations, DSS shall apply to the federal government for waivers.
SECTION 2. The Department of Social Services and the Department of Health and Human Services Finance Commission shall review and, to the extent possible, ensure that federal and state procurement and purchasing regulations do not unnecessarily delay services to AFDC clients and child care and transportation providers to AFDC clients.
SECTION 3. (A) All applicable state agencies shall adopt Electronic Data Interchange Standards as set forth by the Budget and Control Board, Office of research and Statistics Information Resource Planning and Management so that exchanges and sharing of information concerning AFDC clients and revenue sources are freely available. However, in the exchange and sharing of information all requirements for confidentiality of information must be maintained.
(B) For the next two years each applicable state agency shall report to the Budget and Control Board, Division of Information Resource Technology before January first on the agency's progress and compliance with this section and its utilization of the system created as a result of this action.
SECTION 4. The Department of Social Services in conjunction with the Department of Education shall:
(1) ensure that existing continuing education and adult education programs are designed to advance AFDC clients in attaining self-sufficiency and that the location, scheduling, and other mechanics of these programs are structured so as to maximize access by AFDC clients;
(2) endorse and promote school-to-work transition programs to link at-risk secondary school students to the workplace and to appropriate work related post-secondary education.
SECTION 5. (A) The Department of Social Services in conjunction with the State Board for Technical and Comprehensive Education shall:
(1) work closely with businesses and industries in South Carolina to design curriculums to produce students with skills needed by these businesses and industries;
(2) develop specially designed curriculums that target and train AFDC clients for occupations identified by the Employment Security Commission as the top growth occupations of the future.
(B) For the next three years the Department of Social Services and the State Board for Technical Education shall report before January first to the Governor and the General Assembly on the projects completed under this section, the number of AFDC families served, and shall evaluate their effectiveness in assisting AFDC families in becoming self-sufficient.
SECTION 6. This act takes effect upon approval by the Governor except for those provisions that require approval of federal waivers, whereby they take effect ninety days after receipt of federal approval or ninety days after federal law permits implementation.