PRINTER'S NO. 2140
No. 1483 Session of 2002
INTRODUCED BY KITCHEN, LAVALLE, KUKOVICH, HELFRICK, ERICKSON,
MUSTO, LOGAN, TARTAGLIONE, A. WILLIAMS, RHOADES, BOSCOLA,
COSTA, SCHWARTZ AND O'PAKE, JUNE 25, 2002
REFERRED TO PUBLIC HEALTH AND WELFARE, JUNE 25, 2002
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:
19 (1) Attendance at a class or activity conducted within
1 an education program.
2 (2) An internship.
3 (3) A practicum.
4 (4) Student teaching.
5 (5) A work-study program.
6 (6) A clinical placement.
7 (7) Laboratory or field work directly related to the
8 participant's employment goal.
9 (8) Any other work activities that will enhance the
10 participant's employability in the participant's chosen
11 field.
12 "Eligible applicant." A needy student who has dependent
13 children and who is enrolled in an education or job training
14 program. The term excludes an individual with a marketable
15 bachelor degree.
16 "Good cause." Compelling personal or familial circumstances
17 as set forth in departmental regulations, which make the
18 required participation impracticable or which would cause the
19 participant to seriously compromise academic performance. Good
20 cause also exists where, considering the participant's abilities
21 and the demands of the academic program, strict compliance with
22 the work requirements would compromise academic performance and
23 the fulfillment of the plan for self-sufficiency.
24 "Job training." A training program providing the skills
25 necessary for a specific vocation or a field of employment.
26 "Participant." An eligible applicant who is admitted into
27 the Parents Achieving Self-Sufficiency Program.
28 "Program." The Parents Achieving Self-Sufficiency Program.
29 "TANF." The Temporary Assistance for Needy Families program
30 under the Social Security Act (49 Stat. 620, 42 U.S.C. § 301 et
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1 seq.), which provides temporary assistance to needy, dependent
2 children and their parents or caretaker relatives.
3 Section 495.1. Program established.
4 (a) Establishment and administration of program.--The
5 department shall establish and administer a program, to be known
6 as the Parents Achieving Self-Sufficiency Program, based upon
7 the need to assist participants who wish to pursue training or
8 education in order to enhance their employability.
9 (b) Assistance to participants.--The assistance provided to
10 participants under the program shall include the type and level
11 of:
12 (1) Cash assistance under TANF pursuant to subarticle
13 (e).
14 (2) Medical assistance under TANF pursuant to subarticle
15 (e).
16 (3) Services, including support services, provided under
17 the RESET program, pursuant to section 405.1.
18 Section 495.2. Eligibility criteria.
19 (a) Eligibility.--Individuals who are eligible for
20 assistance under TANF may apply to participate in the program.
21 Eligibility for participation and the amount of assistance shall
22 be determined pursuant to rules and regulations promulgated by
23 the department to implement and administer TANF.
24 (b) Assessment.--
25 (1) Each individual who is eligible for the program
26 shall be assessed to determine:
27 (i) The individual's education, training and
28 employment needs based on available program resources.
29 (ii) The individual's skills and aptitudes.
30 (iii) The individual's need for support services.
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1 (iv) Local employment opportunities.
2 (v) Any good cause circumstance.
3 (vi) To the maximum extent possible, the preferences
4 of the participant.
5 (2) The findings shall be documented in the individual's
6 case record indicating any barriers to participation,
7 including, but not limited to, any physical or mental health
8 problems or other good cause.
9 (c) Program enrollment.--The department shall grant
10 enrollment in the program to the extent that program resources
11 and space permit, if the assessment results indicate all of the
12 following:
13 (1) The individual does not possess the necessary skills
14 to obtain employment that will enable that individual to
15 support a family at 85% of the median family income in this
16 Commonwealth for a family of the same size.
17 (2) The postsecondary education or job training sought
18 by the individual will significantly improve the ability of
19 the family to be self-supporting, considering potential
20 employment opportunities and local labor market conditions.
21 (3) The individual has the aptitude to successfully
22 complete the proposed postsecondary education or job
23 training.
24 (d) Limitation.--An education or job training plan may not
25 be disapproved by the department based solely upon the length of
26 the education or job training program.
27 Section 495.3. Program requirements.
28 (a) Satisfactory progress required.--A participant must make
29 satisfactory progress in the participant's education or job
30 training program in order to maintain program eligibility.
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1 (b) Crediting.--A participant who:
2 (1) Receives assistance under the program that begins
3 during the first 24 months of TANF implementation shall have
4 credited the amount of time involved in educational activity
5 or job training activity toward the work-related activity
6 requirement.
7 (2) Receives assistance under the program that begins or
8 continues after the first 24 months of TANF implementation
9 shall have educational activity or job training activity
10 credited toward the 20 hours per week RESET work requirement.
11 (c) Department duties.--The department shall:
12 (1) Make reasonable adjustments in the work
13 participation requirements for the program for good cause.
14 (2) Promulgate rules and regulations for the
15 implementation and administration of the program, which shall
16 include rules and regulations defining the term "satisfactory
17 performance."
18 (d) Child support.--
19 (1) A family that participates in the program shall
20 assign the right to child support to the department in the
21 same manner as a family that receives TANF assistance.
22 (2) The department shall distribute to a participating
23 family child support collected on behalf of the family in the
24 same manner as if the family were receiving TANF assistance.
25 (e) Job search requirement.--A participant who is not exempt
26 from the job search requirement under the RESET program shall
27 not be required to conduct the eight-week job search until the
28 participant has completed the participant's education or job
29 training program.
30 Section 495.4. Transitional support services.
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1 (a) Extended medical coverage.--A family that no longer
2 remains eligible for assistance under the program due to
3 increased child support or increased hours of, or increased
4 income from, employment is eligible to receive transitional
5 extended medical coverage, on the same basis as a TANF family.
6 (b) Child care.--A participant who receives earnings from
7 employment and whose family discontinues participation in TANF,
8 whether or not the participant's earnings resulted in
9 ineligibility for TANF and who requires child care, shall be
10 automatically transferred to the Child Care Information Services
11 (CCIS) Child Care program for continued child care assistance,
12 pursuant to 55 Pa. Code Ch. 3040 (relating to subsidized child
13 day care).
14 (c) Work requirement.--Any parent who is engaged in an
15 educational or job training activity and who meets the hours
16 requirement of section 495.3(b)(2) shall be deemed to satisfy
17 any work requirement of the CCIS Child Care program.
18 Section 495.5. Funding.
19 Any cash assistance paid to participants and their families
20 shall be paid with State funds, which shall not be subject to
21 Federal time limits for TANF and shall not be considered to
22 apply toward any such time limit.
23 Section 495.6. Protection of income.
24 (a) Income exclusion.--To the extent permitted by Federal
25 law, assistance received under the program shall be disregarded
26 as income and excluded as a resource or asset to the same extent
27 as assistance under TANF for the purposes of any Federal or
28 State or municipal assistance program.
29 (b) Taxation of program assistance.--Assistance received
30 under the program shall be treated in the same manner as
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1 assistance received under TANF for all tax purposes.
2 Section 2. This act shall take effect in 60 days.
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