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 19970H0593B0658 - 2 -
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 19970H0593B0658 - 3 -
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 19970H0593B0658 - 4 -
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 19970H0593B0658 - 5 -
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 19970H0593B0658 - 6 -
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 19970H0593B0658 - 7 -
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 19970H0593B0658 - 8 -
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. A17L67JS/19970H0593B0658 - 9 -