PRINTER'S NO. 658
No. 593 Session of 1997
INTRODUCED BY STEIL, STEELMAN, GORDNER, L. I. COHEN, FICHTER,
TIGUE, BUXTON, ROEBUCK, MILLER, HENNESSEY, WALKO, SHANER,
SAINATO, KREBS, BEBKO-JONES, READSHAW, RUBLEY, SCRIMENTI,
DiGIROLAMO, TRICH, CURRY, TRELLO, SATHER, SURRA, WILT,
BELARDI, PLATTS, COLAFELLA, MUNDY, MANDERINO, BARD, KENNEY,
SAYLOR, SEYFERT, BATTISTO, STURLA, CARONE, MELIO, FEESE,
E. Z. TAYLOR, CAWLEY, JOSEPHS, ORIE, ROONEY, D. W. SNYDER,
CORNELL, EACHUS, STABACK, BENNINGHOFF, ROBERTS, BOSCOLA,
ITKIN, COY AND STETLER, FEBRUARY 13, 1997
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES,
FEBRUARY 13, 1997
AN ACT
1 Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An
2 act to consolidate, editorially revise, and codify the public
3 welfare laws of the Commonwealth," further providing for
4 eligibility.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 432 of the act of June 13, 1967 (P.L.31,
8 No.21), known as the Public Welfare Code, amended May 16, 1996
9 (P.L.175, No.35), is amended to read:
10 Section 432. Eligibility.--Except as hereinafter otherwise
11 provided, and subject to the rules, regulations, and standards
12 established by the department, both as to eligibility for
13 assistance and as to its nature and extent, needy persons of the
14 classes defined in clauses (1), (2), and (3) shall be eligible
15 for assistance:
1 (1) Persons for whose assistance Federal financial
2 participation is available to the Commonwealth as aid to
3 families with dependent children or as other assistance, and
4 which assistance is not precluded by other provisions of law.
5 (2) Persons who are eligible for State supplemental
6 assistance.
7 (i) State supplemental assistance shall be granted to
8 persons who receive Federal supplemental security income for the
9 aged, blind and disabled pursuant to Title XVI of the Federal
10 Social Security Act.
11 (ii) State supplemental assistance shall also be granted to
12 persons who are aged, blind and disabled, as defined in Title
13 XVI of the Federal Social Security Act, and whose income,
14 pursuant to the standards and income disregards of Title XVI of
15 the Social Security Act, is less than the combined income of the
16 Federal payments under the supplemental security income program
17 and the State supplemental assistance payments established
18 pursuant to the provisions of this act.
19 (iii) In establishing the amounts of the State supplemental
20 assistance, the department shall consider the funds certified by
21 the Budget Secretary as available for State supplemental
22 assistance, pertinent Federal legislation and regulation, the
23 cost-of-living and the number of persons who may be eligible.
24 (iv) Beneficiaries of State supplemental assistance shall be
25 eligible for cash State financial assistance to cover the cost
26 of special needs as defined by statute and regulations
27 promulgated under this act.
28 (v) After the amounts of assistance payments have been
29 determined by the department with the approval of the Governor
30 and General Assembly, the amounts of assistance payments shall
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1 not be reduced as a consequence of assistance increases,
2 including but not limited to cost-of-living increases, provided
3 through Federal legislation.
4 (vi) After the amounts of assistance payments have been
5 determined by the department with the approval of the Governor
6 and General Assembly, the amounts of assistance payments shall
7 not be increased without the approval of the General Assembly in
8 accordance with the procedure established by the act of April 7,
9 1955 (P.L.23, No.8) known as the "Reorganization Act of 1955,"
10 and a message to the General Assembly from the Governor for the
11 purposes of executing such function shall be transmitted as in
12 other cases under the Reorganization Act.
13 (3) Other persons who are citizens of the United States, or
14 lawfully admitted aliens who are eligible for general
15 assistance.
16 (i) Persons who may be eligible for general assistance for
17 an indeterminate period as a result of medical, social or
18 related circumstances shall be limited to:
19 (A) A child who is under age eighteen or who is eighteen
20 through twenty years of age and attending a secondary or
21 equivalent vocational or technical school full-time and may
22 reasonably be expected to complete the program before reaching
23 twenty-one years of age.
24 (B) Persons who are parents residing in two-parent
25 households with their child who is under thirteen years of age
26 unless the child is thirteen years of age or older and has a
27 verified disability. Every possible effort shall be made by the
28 department to place these persons in the AFDC program.
29 (C) A person who has been assessed by a physician or
30 psychologist as having a verified physical or mental disability
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1 which temporarily or permanently precludes him or her from any
2 gainful employment. The verification of the physical or mental
3 disability must be established by written documentation in a
4 form prescribed by the department and must be based on
5 acceptable clinical and laboratory diagnostic techniques, rather
6 than a statement of symptoms by the applicant or recipient. The
7 department may also require the applicant or recipient to submit
8 to an independent examination as a condition of receiving
9 assistance. An applicant or recipient with a verified physical
10 or mental disability which is temporary in nature shall pursue
11 appropriate treatment as a condition of receiving assistance.
12 (D) A person who is a nonparental caretaker of a child under
13 thirteen years of age or a caretaker of another person because
14 of illness or disability. Such child or other person must be a
15 member of the household and the caretaker must be a person whose
16 presence is required in the home to care for another person as
17 determined in accordance with department regulations. Assistance
18 shall not be granted to a person under this clause if there is
19 another adult in the household who is capable of providing the
20 care without general assistance being required.
21 (E) A person who is currently undergoing active treatment
22 for substance abuse in a drug and alcohol program licensed or
23 approved by the Department of Health or administered by an
24 agency of the Federal Government. A person shall only qualify
25 for general assistance under this clause if the treatment
26 program precludes the person from any form of employment in
27 accordance with standards established by the department. No
28 individual shall qualify for general assistance under this
29 clause for more than nine months in a lifetime.
30 (F) A pregnant woman whose pregnancy has been medically
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1 verified.
2 (G) A person who is a victim of domestic violence and who is
3 receiving protective services as defined by the department. [No
4 individual shall qualify for general assistance under this
5 provision for more than nine months in that person's lifetime.]
6 (ii) General assistance shall continue as long as the person
7 remains eligible. Redeterminations shall be conducted on at
8 least an annual basis, and persons shall be required to seek
9 employment, accept any offer of employment and maintain
10 employment as conditions of eligibility except as otherwise
11 exempt under section 405.1(a.3).
12 (iv) No transitionally needy assistance shall be initially
13 authorized after June 30, 1995. Any person receiving
14 transitionally needy general assistance as of the effective date
15 of this subclause may continue to receive that assistance until
16 sixty days of assistance are exhausted in accordance with
17 subclause (iii). Transitionally needy assistance received after
18 June 30, 1993, shall be applied to the total period of
19 assistance. Transitionally needy general assistance shall cease
20 on the earlier of:
21 (A) the date of the final issuance of assistance; or
22 (B) August 29, 1995.
23 (4) Assistance shall not be granted (i) to or in behalf of
24 any person who disposed of his real or personal property, of the
25 value of five hundred dollars ($500), or more, without fair
26 consideration, within two years immediately preceding the date
27 of application for assistance unless he is eligible for State
28 supplemental assistance; or (ii) to an inmate of a public
29 institution.
30 (5) (i) Assistance may be granted only to or in behalf of a
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1 resident of Pennsylvania. Needy persons who do not meet the
2 residence requirements stated in this clause and who are
3 transients or without residence in any state, may be granted
4 assistance up to seven days in the form of vendor payments, all
5 in accordance with rules, regulations, and standards established
6 by the department.
7 (ii) Cash assistance for applicants and recipients of aid to
8 families with dependent children who have resided in this
9 Commonwealth for less than twelve months shall not exceed the
10 lesser of the maximum assistance payment that would have been
11 received from the applicant's or recipient's state of prior
12 residence or the maximum assistance payment available to the
13 applicant or recipient in this Commonwealth.
14 (6) Aid to families with dependent children shall not be
15 paid to any family for any month in which any caretaker relative
16 with whom the child is living is, on the last day of such month,
17 participating in a strike, and no individual's needs shall be
18 included in determining the amount of aid payable for any month
19 to a family if, on the last day of such month, such individual
20 is participating in a strike.
21 (8) A person who does not meet a definitive condition for
22 aid to families with dependent children solely because of the
23 person's refusal to cooperate in establishing eligibility for
24 aid to families with dependent children shall also be ineligible
25 for general assistance.
26 (9) Assistance may not be granted to any person who has been
27 sentenced for a felony or misdemeanor offense and who has not
28 otherwise satisfied the penalty imposed on that person by law.
29 Notwithstanding any provisions in 18 Pa.C.S. Ch. 91 (relating to
30 criminal history record information), the cooperative agreements
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1 provided for in this clause shall provide the department with
2 access to the central repository within the Pennsylvania State
3 Police in order to carry out the objectives of this section. The
4 Pennsylvania State Police and the Pennsylvania Board of
5 Probation and Parole shall have access to the records of the
6 Assistance Recipient Identification Program under section 414
7 within the department in order to carry out the objectives of
8 section 414. For cash assistance applicants and recipients, the
9 department shall enter into cooperative agreements with the
10 Pennsylvania State Police and the Pennsylvania Board of
11 Probation and Parole to ensure that no cash assistance is
12 granted to a person who has been sentenced for a felony or
13 misdemeanor offense. For this purpose, the department may access
14 and provide information available pursuant to section 414. As
15 used in this clause, "satisfied the penalty" means completed the
16 period of incarceration or extension thereof and paid all fines,
17 costs and restitution. Nothing in this clause shall be deemed to
18 exclude from cash assistance any person who has been paroled
19 from a term of imprisonment, or any person who is in compliance
20 with all terms of probation, and who has made either full
21 payment of all fines, costs and restitution or is in compliance
22 with an approved payment plan.
23 (10) Assistance shall not be granted to any applicant or
24 recipient who is under eighteen years of age and who has never
25 been married and is pregnant and/or caring for a dependent child
26 unless the minor parent is residing with a parent, legal
27 guardian or other adult relative or in an adult-supervised
28 supportive living arrangement approved by the department. In the
29 event that the minor parent is residing with a parent, legal
30 guardian or other adult relative or in an adult-supervised
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1 supportive living arrangement approved by the department,
2 assistance shall be paid to the parent, legal guardian or other
3 adult with whom the minor parent is residing. Exceptions to this
4 subsection will be granted by the department if it is determined
5 that an exception would best serve the health and safety of the
6 minor parent and the child or if the minor parent can present
7 evidence that the parent, legal guardian or other adult:
8 (i) refuses or is unable to allow the minor parent or child
9 to live in his or her home;
10 (ii) poses an emotional or physical threat to the minor
11 parent or child;
12 (iii) has physically or sexually abused the minor parent or
13 the minor parent's child or any other child in the household or
14 poses a risk of doing so;
15 (iv) has exhibited neglect of the minor parent or the minor
16 parent's child; or
17 (v) has spent the minor parent's assistance in an improper
18 manner.
19 If the minor parent does not meet any of the exceptions set
20 forth in this clause and the parents or legal guardian live
21 within this Commonwealth or another state, the minor parent and
22 child may be given a one-time allowance solely for the limited
23 purpose of reuniting that minor parent and child with a parent,
24 legal guardian or other adult relative at their place of
25 residence. The amount of the allowance shall be limited to the
26 least expensive mode of transportation available.
27 (11) A person who is ineligible for general assistance or
28 medical assistance under this act shall be ineligible for
29 assistance under the act of June 24, 1937 (P.L.2017, No.396),
30 known as the "County Institution District Law," and the act of
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1 August 9, 1955 (P.L.323, No.130), known as "The County Code."
2 Section 2. This act shall take effect in 60 days.
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