PRINTER'S NO. 491
No. 460 Session of 2003
INTRODUCED BY KITCHEN, KUKOVICH, LOGAN, MUSTO, TARTAGLIONE, COSTA, STOUT, ORIE, O'PAKE, LAVALLE, WOZNIAK, ERICKSON, SCHWARTZ, RHOADES, HELFRICK, STACK AND KASUNIC, MARCH 12, 2003
REFERRED TO PUBLIC HEALTH AND WELFARE, MARCH 12, 2003
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," providing for a training 4 and education program for certain individuals eligible for 5 public assistance. 6 The General Assembly of the Commonwealth of Pennsylvania 7 hereby enacts as follows: 8 Section 1. Article IV of the act of June 13, 1967 (P.L.31, 9 No.21), known as the Public Welfare Code, is amended by adding a 10 subarticle to read: 11 (n) Parents Achieving Self-Sufficiency Program 12 Section 495. Definitions. 13 The following words and phrases when used in this subarticle 14 shall have the meanings given to them in this section unless the 15 context clearly indicates otherwise: 16 "Education program." A two-year or four-year postsecondary 17 undergraduate education program for which a degree is awarded. 18 "Educational activity." Includes, but is not limited to:
1 (1) Attendance at a class or activity conducted within 2 an education program. 3 (2) An internship. 4 (3) A practicum. 5 (4) Student teaching. 6 (5) A work-study program. 7 (6) A clinical placement. 8 (7) Laboratory or field work directly related to the 9 participant's employment goal. 10 (8) Any other work activity that enhances a 11 participant's employability in the participant's chosen 12 field. 13 "Eligible applicant." A needy student who has dependent 14 children and who is enrolled in an education or job training 15 program. The term excludes an individual with a marketable 16 bachelor degree. 17 "Good cause." Compelling personal or familial circumstances 18 as set forth in departmental regulations, which make required 19 participation impracticable or which would cause a participant 20 to seriously compromise academic performance. Good cause also 21 exists where, considering the participant's abilities and the 22 demands of the academic program, strict compliance with the work 23 requirements would compromise academic performance and the 24 fulfillment of the plan for self-sufficiency. 25 "Job training." A training program providing the skills 26 necessary for a specific vocation or a field of employment. 27 "Participant." An eligible applicant who is admitted into 28 the Parents Achieving Self-Sufficiency Program. 29 "Program." The Parents Achieving Self-Sufficiency Program 30 established under section 495.1. 20030S0460B0491 - 2 -
1 "TANF." The Temporary Assistance for Needy Families program 2 under the Social Security Act (49 Stat. 620, 42 U.S.C. § 301 et 3 seq.), which provides temporary assistance to needy, dependent 4 children and their parents or caretaker relatives. 5 Section 495.1. Parents Achieving Self-Sufficiency Program. 6 (a) Administration.--The department shall administer the 7 Parents Achieving Self-Sufficiency Program, which is hereby 8 established, based upon the need to assist participants who wish 9 to pursue training or education in order to enhance their 10 employability. 11 (b) Assistance to participants.--The assistance provided to 12 participants under the program shall include the type and level 13 of: 14 (1) Cash assistance under TANF pursuant to subarticle 15 (e). 16 (2) Medical assistance under TANF pursuant to subarticle 17 (e). 18 (3) Services, including support services, provided under 19 the RESET program, pursuant to section 405.1. 20 Section 495.2. Eligibility criteria. 21 (a) Eligibility.--An individual who is eligible for 22 assistance under TANF may apply to participate in the program. 23 Eligibility for participation and the amount of assistance shall 24 be determined pursuant to rules and regulations promulgated by 25 the department to implement and administer TANF. 26 (b) Assessment.-- 27 (1) The department shall assess each individual who is 28 eligible for the program to determine: 29 (i) The individual's education, training and 30 employment needs based on available program resources. 20030S0460B0491 - 3 -
1 (ii) The individual's skills and aptitudes. 2 (iii) The individual's need for support services. 3 (iv) Local employment opportunities. 4 (v) Any good cause circumstance. 5 (vi) To the maximum extent possible, the preferences 6 of the individual. 7 (2) The findings shall be documented in the individual's 8 case record indicating any barriers to participation, 9 including, but not limited to, any physical or mental health 10 problems or other good cause. 11 (c) Program enrollment.--The department shall grant 12 enrollment to an individual in the program to the extent that 13 program resources and space permit, if the assessment results 14 indicate all of the following: 15 (1) The individual does not possess the necessary skills 16 to obtain employment that will enable the individual to 17 support a family at 85% of the median family income in this 18 Commonwealth for a family of the same size. 19 (2) The postsecondary education or job training sought 20 by the individual will significantly improve the ability of 21 the family to be self-supporting, considering potential 22 employment opportunities and local labor market conditions. 23 (3) The individual has the aptitude to successfully 24 complete the proposed postsecondary education or job 25 training. 26 (d) Limitation.--The department may not disapprove an 27 education or job training plan based solely upon the length of 28 the education or job training program. 29 Section 495.3. Program requirements. 30 (a) Satisfactory progress required.--A participant must 20030S0460B0491 - 4 -
1 demonstrate satisfactory progress in the participant's education 2 or job training program in order to maintain program 3 eligibility. 4 (b) Crediting.--A participant who: 5 (1) Receives assistance under the program that begins 6 during the first 24 months of TANF implementation shall have 7 credited the amount of time involved in educational activity 8 or job training activity toward the work-related activity 9 requirement. 10 (2) Receives assistance under the program that begins or 11 continues after the first 24 months of TANF implementation 12 shall have educational activity or job training activity 13 credited toward the 20 hours per week RESET work requirement. 14 (c) Department duties.--The department shall: 15 (1) Make reasonable adjustments in the work 16 participation requirements for the program for good cause. 17 (2) Promulgate rules and regulations for the 18 implementation and administration of the program, which shall 19 include rules and regulations defining the term "satisfactory 20 performance." 21 (d) Child support.-- 22 (1) A family that participates in the program must 23 assign the right to child support to the department in the 24 same manner as a family that receives TANF assistance. 25 (2) The department shall distribute to a participating 26 family child support collected on behalf of the family in the 27 same manner as if the family were receiving TANF assistance. 28 (e) Job search requirement.--A participant who is not exempt 29 from the job search requirement under the RESET program shall 30 not be required to conduct the eight-week job search until the 20030S0460B0491 - 5 -
1 participant has completed the participant's education or job 2 training program. 3 Section 495.4. Transitional support services. 4 (a) Extended medical coverage.--A family that no longer 5 remains eligible for assistance under the program due to 6 increased child support or increased hours of, or increased 7 income from, employment shall be eligible to receive 8 transitional extended medical coverage, on the same basis as a 9 TANF family. 10 (b) Child care.--A participant who receives earnings from 11 employment and whose family discontinues participation in TANF, 12 whether or not the participant's earnings resulted in 13 ineligibility for TANF and who requires child care, shall be 14 automatically transferred to the Child Care Information Services 15 Child Care program for continued child care assistance, pursuant 16 to 55 Pa. Code Ch. 3040 (relating to subsidized child day care). 17 (c) Work requirement.--A parent who is engaged in an 18 educational or job training activity and who meets the hours 19 requirement of section 495.3(b)(2) shall be deemed to satisfy 20 any work requirement of the Child Care Information Services 21 Child Care program. 22 Section 495.5. Funding. 23 Any cash assistance paid to participants and their families 24 shall be paid with State funds, which shall not be subject to 25 Federal time limits for TANF and shall not be considered to 26 apply toward any such time limit. 27 Section 495.6. Protection of income. 28 (a) Income exclusion.--To the extent permitted by Federal 29 law, assistance received under the program shall be disregarded 30 as income and excluded as a resource or asset to the same extent 20030S0460B0491 - 6 -
1 as assistance under TANF for the purposes of any Federal or 2 State or municipal assistance program. 3 (b) Taxation of program assistance.--Assistance received 4 under the program shall be treated in the same manner as 5 assistance received under TANF for all tax purposes. 6 Section 2. This act shall take effect in 60 days. A30L67DMS/20030S0460B0491 - 7 -