SENATE, No. 73

SECTION 1.  The fifth paragraph of  section 16 of chapter 18 of the General Laws, as appearing in the 2004 Official Edition, is hereby  amended by striking out the first sentence and inserting in place thereof the following sentence:- When a timely request for a hearing is made because of a termination or reduction of assistance, or because of a determination that a recipient should no longer be treated as exempt pursuant to section 2F of chapter 118, involving an issue of fact, or of judgment relating to an individual case, between the agency and the appellant, assistance shall be continued on the same terms during the period of the appeal.

SECTION 2. Section 1 of chapter 118 of the General Laws, as  so appearing, is hereby amended by inserting before the definition of “Dependent child” the following three definitions:-

“Assistance”, cash grants, special need assistance, and other benefits which are available from the program.

"Child of record", the youngest child of a recipient on July 1, 1995 or at the time a family first applies for assistance after July 1, 1995; provided, however, that a child born to a woman who was pregnant on July 1, 1995 or at the time of first applying for assistance shall be the child of record; provided, further, that the commissioner shall establish exemptions to allow a later-born child to be the child of record if such child was born as a result of rape, incest, sexual assault, or other extraordinary circumstances as determined by the commissioner which may

include, at the commissioner’s discretion, renewed eligibility for assistance after a 36-month period of ineligibility. Unless the commissioner grants an exemption, the designation of child of record shall not change, even if said child no longer lives in the household, or subsequent children are born to the parent, unless the original child of record has died.

"Commissioner", the commissioner of the department.

SECTION 3. Said section 1 of said chapter 118, as so appearing, is hereby further amended by striking out the definition of “Dependent child” and inserting in place thereof the following two definitions:-

"Dependent child", "dependent children", "child" or "children", the children of recipients eligible to receive assistance from the program who are under the age of eighteen or who are eighteen and a full-time student in a secondary school or in the equivalent level of vocational or technical training and who may reasonably be expected to complete such program before reaching age nineteen.

"Family", the household unit consisting of dependent children and a recipient or recipients determined eligible for assistance from said program.

SECTION 4. Said section 1 of chapter 118, as so appearing, is hereby further amended by inserting after the definition of “Parent” the following two definitions:-

"Program", the program of transitional aid to families with dependent children established by this chapter, including state-funded transitional aid to families with dependent children and any initial assessment program established pursuant to section 3F (c).

"Recipient", parents or other relatives receiving or otherwise eligible to receive assistance from said program who are responsible for the care of dependent children.

SECTION 5. Section 2 of said chapter 118, as so appearing, is hereby amended by striking out, in line 1, the word “The” and inserting in place thereof the following word:- (a) The.

SECTION 6. The first paragraph of said section 2 of said chapter 118, as so appearing, is hereby amended by striking out the third and fourth sentences and inserting in place thereof the following sentence:- A family shall be eligible for assistance provided its maximum allowable countable resources do not exceed $2,500 and upon meeting all other eligibility criteria; provided, however, that the value of a licensed motor vehicle shall be determined based on its fair market value and that the department shall disregard at least the first $10,000 of fair market value of any such vehicle.

SECTION 7. Said section 2 of said chapter 118, as so appearing, is hereby amended by striking out the second, third, and fourth paragraphs and inserting in place thereof the following four subsections:-

            (b)The aid furnished shall be sufficient to enable such parent to bring up such child or children properly in his or her own home and shall be in an amount to be determined in accordance with budgetary standards of the department. Effective July first of every year, and subject to appropriation, the department shall increase the total budget of each eligible recipient, before taking into consideration any available income and resources, by a percentage amount equal to the percentage rise in the United States Consumer Price Index for January first of that year over the level of said index for January first of the previous year plus such additional percentage amount as is recommended annually by the department and appropriated by the general court. The department shall establish levels of assistance subject to the provisions of this section and the general appropriations act and families of comparable size and financial circumstances shall be awarded the same level of assistance.

(c) Assistance shall be granted from the date on which the applicant is determined to be eligible or thirty days from the receipt of a signed and completed application form, whichever is earlier. Such assistance shall be paid by cash or in check and shall be paid semimonthly in advance unless the applicant prefers less frequent payments.

(d) A recipient or an applicant for transitional aid to families with dependent children benefits, whether or not exempt pursuant to section 2F, shall be eligible to have $30 and one-half of the remaining gross earned income, after work-related expenses but before dependent care deductions, disregarded for the entire period that any such recipient is eligible for assistance. In determining the amount of the cash payment to a recipient living with his parents, the department shall disregard income of the household up to 200 per cent of the poverty level for a family of comparable size unless such income is earned by the parent living with his parent. In cases involving a child born after the child of record, the parent need not assign the rights to such payment to the commonwealth. A monthly amount of said child support received on behalf of such after-born child equal to the standard increment of assistance shall not count as income to the family in determining the amount of assistance to the family.

            (e) The department shall not provide any increment in assistance because of the addition to a family of any child born after the "child of record". A caretaker or guardian who is not eligible for assistance but is caring for dependent children shall not be so affected by the limit on additional assistance imposed by this subsection, until said caretaker or guardian gives birth to a child that makes said caretaker or guardian initially eligible for assistance

            (f)  Payment for funeral expenses of any such parent or dependent child in his or her custody may be paid directly to the person furnishing such services. Payment for other services rendered to such parent or dependent child in his or her custody may be paid directly to the person furnishing such services only when such payment is effected to meet an expense which remained unpaid at the time of the death of the parent or his commitment to an institution as a mentally ill person or in a case where such payment is necessary to discharge an obligation incurred by the department in securing such services for such parent or dependent child. Nothing in this chapter shall be construed as authorizing any public official, agent or representative, in carrying out any provision of this chapter, to take charge of any child over the objection of the father or the mother of such child, or of the person standing in loco parentis to such child, except pursuant to a proper court order. The department may pay a sum not exceeding eleven hundred dollars for the funeral and burial of a recipient provided that cost does not exceed fifteen hundred dollars and there are insufficient resources to pay for the cost of such funeral and burial. Any resources of the recipient shall be deducted from the maximum cost of the funeral and burial allowable hereunder and the difference, subject to the limitation set forth in this paragraph, shall be paid by the department.

(g) Notwithstanding any general or special law or any rule or regulation to the contrary, persons collecting public assistance from programs administered by the department of transitional assistance who inherit any sum of money or receive a damage award or whose net winnings or payoff of any lottery or contest exceed $600 in cash or other monetary value, shall report said inheritance, winnings or damage award to the department within 10 days of collecting said excess amount or lump sum income, so-called. Upon any said person’s collection of any such value or amount in excess of $600, the department shall reduce the assistance granted to any such person by said amount in excess of $600. If at any time said excess amount exceeds said person’s monthly public assistance benefit, said assistance shall be suspended and no such public assistance shall be paid to said person until such time as the value of said monthly transitional assistance supplement equals the value of said excess amount. Notwithstanding the preceding 2 sentences, up to $5,000 of such lump sum income shall be disregarded as income and excluded as an asset if within 30 days of its receipt, or within 30 days of being informed by the department of the terms of this section, whichever is later, it is deposited in a separate identifiable account at a financial institution, community development corporation or other nonprofit agency approved by the department to establish and administer such financial accounts. Withdrawals from such an account during any period of assistance shall be counted as an asset unless the withdrawal is for one of the following purposes:

(i) Expenses for education or job training to attend an accredited or approved education or training institution;

(ii) The purchase or repair of a home that is the applicant or recipient’s principal residence or of basic household necessities, such as beds, tables, chairs, appliances and cooking or eating utensils;

(iii) The purchase or repair of a vehicle used for transportation to work, to attend an education or training program, or to transport a disabled family member;

(iv) Capital to start a small business for any family member 18 years of age or older;

(v) Health care costs not covered by public or private insurance; or

(vi) Obtaining or retaining housing by a family that is homeless or at imminent risk of homelessness.

SECTION 8. Said chapter 118 is hereby further amended by inserting after section 2B the following six sections:-

Section 2C. (a) The department shall not provide benefits to a family headed by a parent under the age of 20, unless such parent has graduated from or is enrolled in a program for a high school diploma or a general education development certificate.

            (b) In situations where no abuse, neglect or addiction is present, the department shall not provide benefits to a family headed by a recipient under the age of 20, unless such recipient resides with a parent, grandparent, uncle, aunt, adult sibling, spouse, other family member as determined by regulations or guardian or lives in structured housing; provided, however, that the department may determine that a teen recipient who achieved necessary educational and vocational goals and acquired sufficient independent living skills and parenting skills may live on her own. In situations where a pregnant or parenting teen recipient asserts that she cannot stay at home because abuse, neglect or addiction is present, or because of other extraordinary circumstance which the commissioner determines should exempt the teen from this requirement, the home shall be evaluated by a professional experienced in the field of adolescent development and young parenting within the department of social services; provided, however, that such professional shall not replace or be assigned in addition to a social worker who has already been working with the pregnant or parenting teen and her family for more than one month. The department shall establish standards and procedures to govern determinations of abuse, neglect and addiction as required by this subsection. Wherever it is determined by the department that abuse, neglect or addiction is present or such other extraordinary circumstance requires, the teen shall reside in a structured setting pursuant to the provisions of section 3E. In order to receive benefits from the department. If a structured setting is not available at the time such determination is made, such individual shall be exempt from the provisions requiring the teen recipient to live at home pursuant to this subsection until such time as a placement in a structured setting shall be made available.

Section 2D. (a) No aid shall be paid under the program to, or on behalf of, any child under the age of 16 whose school attendance does not meet the requirements of this section, with respect to that period during which the child does not meet these requirements, unless the recipient, parent or guardian can establish that reasonable efforts were made by the recipient to ensure said school attendance requirements were met.

(b) Each non-disabled recipient, as defined and determined by the department, shall provide documentation to the department, not less than quarterly, that any school age child under the age of 16 receiving assistance has missed not more than 8 school days during the previous quarter; provided, that absences due to the following reasons shall be considered excused absences:-

(i) illness, as certified by a physician or by other proof that the department determines is adequate, including, but not limited to, a note written by a parent or guardian

(ii) hospitalization;

(iii) disability, as defined by the department;

(iv) death of a family member;

(v) crisis situations as defined by the commissioner.

(vi) other circumstances recognized by the school.

(c) A non-disabled recipient who does not, without good cause, provide the documentation required by this section within the reasonable time frame established by the department, or the documentation so provided indicates that the child has had more than 8 unexcused absences from school during the prior quarter, the recipient shall be placed on a probationary status, during which time the recipient shall be required to provide monthly documentation of the child’s attendance. The recipient shall remain on probationary status until such time as the number of unexcused absences during the 6 preceding school months does not exceed 10 school days.

(d) If a child under the age of 16 has more than 3 unexcused absences during any month in the probationary status, no aid shall be paid to, or on behalf of, that child until the recipient provides documentation that the child’s school attendance meets the requirements of this section.

(e) Notwithstanding the provisions of section 27C of chapter 29, and without regard to any acceptance or appropriation by a city, town, or regional school district, and without regard to any appropriation by the general court, any school attended by a child to which this section applies shall provide the documentation required by this section upon the request of the recipient.

Section 2E. No recipient shall be eligible to receive the recipient’s portion of assistance payable under the program without presenting a certificate of immunization for each child to the department of transitional assistance; provided, that said certificate shall state that said child has been immunized for diseases outlined by section 15 of chapter 76. A recipient shall not be denied said assistance until having been provided with 60 days to meet the requirements established by this section. The department, in consultation with the division of medical assistance, shall inform each such recipient about health care providers available in the recipient’s community who are capable of assisting with such immunizations

Section 2F. (a) Recipients meeting the following eligibility criteria shall be exempt from the provisions of sections 2G, 2H and 3 until such time as their eligibility status has been determined by the department to have changed and they no longer conform to the criteria that define the following exempt categories of assistance:

 (1) recipients who are disabled, as defined by regulations of the department, in that they have a physical or mental defect, illness or impairment which substantially reduces or eliminates their ability to support themselves or their children provided that in families with 2 parents, both parents must be disabled and that, to the extent permitted by federal law, the word "disabled" shall not include recipients who are alcohol-or drug-dependent or whose disability is based in whole or in part on previous dependency.

(2)  recipients who must care for a disabled child, spouse or other immediate relative; provided, that the need for such care is supported by medical documentation;

(3) recipients in their third trimester of pregnancy

(4) recipients with a child of record under the age of 2 year or any child other than the child of record who is under the age of 3 months;

 (5) parents or other relatives who receive assistance for a child in their care but not for themselves; provided, that said exemption shall apply only to relatives who have no legal obligation to support the child in their care, minor parents who are not a head-of-household or a spouse of a head-of-household, aliens who are ineligible to receive assistance due to their immigration status, recipients of  supplemental security income and other parents or relatives who are not work-eligible as defined by federal law ; provided further, that, in the case of a recipient of supplemental security income who engages in work activities that meet the requirements of federal law, the department shall include such families in the numerator and denominator of the work participation rate, to the extent doing so assists the state in meeting said rate.

(b) Recipients meeting the following eligibility criteria shall be exempt from the provisions of section 2G, but subject to the provisions of sections 2H and 3 until such time as their eligibility status has been determined by the department to have changed and they no longer conform to the criteria that define the following exempt categories of assistance:

 (1) recipients under the age of 20 attending high school full time under section 2C.

Section 2G. (a) A family in which the recipient does not qualify for the exempt categories of assistance established by section 2F shall receive assistance for not more than a maximum and cumulative 24 months during a continuous 60 month period, unless an extension is granted by the commissioner, according to regulations which shall be promulgated by the department. Said continuous period of 60 months shall commence from the date a recipient first becomes eligible for assistance as a parent or on July 1, 1995, whichever is later.

(b) In the event a recipient's eligibility status changes to an exempt category of assistance while receiving benefits, the calculation of the maximum assistance period of 24 months within said 60 month period, shall be suspended and not resume until such time as the recipient is no longer eligible for said exempt status, at which time the calculation shall resume.

(c) The calculation of said 24 month period of eligibility for assistance, shall be suspended when a recipient or a family unenrolls from said program. The calculation of said 24 month period, shall resume when said recipient or family is determined upon reapplication to be eligible for assistance. Reapplication for assistance within said continuous 60 month period shall not be considered a new case for purposes of calculating the periods of eligibility and ineligibility for assistance under this section. Determinations of a recipient's exempt category status pursuant to this section shall be subject to fair hearings; provided, however, that the time during which any appeal is pending shall be calculated toward the period of maximum assistance eligibility.

            (d) The commissioner shall establish a procedure by which a recipient may request an extension of benefits. The commissioner shall establish criteria to be considered in making a determination that a recipient’s benefits should be extended. Such criteria shall include, but not be limited to: (i) whether the recipient has received and or rejected offers of employment, has quit a job without good cause or has been fired for cause; (ii) the degree to which the recipient has cooperated, and is cooperating, with the agency in work-related activities. In making said determination, the commissioner shall, further, consider whether appropriate job opportunities actually exist locally at a given point in time for recipients. The commissioner may review and revise such determinations as he deems appropriate.

(e) A recipient who, in order to remain eligible for benefits, changes eligibility status, and said change in status is proven in a court of competent jurisdiction to be the result of fraud or deceit, shall not be eligible for any program of assistance provided by the commonwealth including, but not limited to, programs of assistance administered by said department, including programs administered jointly with the federal government or solely on the part of the commonwealth, or administered by the division of medical assistance, the department of public health, the department of early education and care or the department of social services, and shall be required to pay full restitution and any fine levied and shall not be eligible to receive assistance until such amounts have been so paid. Any recipient who participates in or assists in procuring payments from the department by falsely depicting himself as exempt as defined herein, shall be punished by a fine of not less than $200 nor more than $5,000 or by imprisonment for not less than 1 year nor more than five years and in all cases repayment shall be ordered of the amount of any such payments procured in addition to and not in lieu of any penalties imposed pursuant to this section.

Section 2H. (a) The department shall administer a program, to be known as the work program, for families who are not exempt under section 2F and have received assistance from the program for a total of 60 days during which they were not exempt pursuant to said section 2F.

(b) Absent good cause pursuant to subsection (e), recipients subject to said work program requirement shall be required to engage in work activities, pursuant to subsection (c), for up to the number of hours per week required by federal law.  Prior to referring an applicant or recipient to any work activity under this subsection, the department shall comply with the requirements of section 3 related to development of an employment development plan.

(c) The work activity requirement may be met by engaging, for up to the number of hours per week required to be countable under  federal law,  in any of the following activities, as defined by federal law or this chapter; provided, that such activities shall count toward said work activity requirement only to the extent such activities are countable under federal law or the department determines that participation in such activities will enable a recipient to overcome barriers to employment or will otherwise assist the state in satisfying work participation rates or is appropriate to accommodate the special needs of persons with disabilities:  unsubsidized employment; subsidized public sector employment or subsidized private sector employment, which may be fulfilled  by working full time in the full employment program established by section 3D; work experience if sufficient private sector employment is not available; on-the-job training; job search and job readiness activities; community service programs established under section 3C; vocational educational training,; job skills training directly related to employment,; education directly related to employment, in the case of a recipient who has not received a high school diploma or a certificate of high school equivalency; satisfactory attendance at secondary school or in a course of study leading to a certificate of  general equivalence, in the case of a recipient who has not completed secondary school or received such a certificate; providing child care services to an individual who is participating in a community service program; participation in any other activities that meet the requirements of the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, or any successor act; participation in other activities that the department determines would enable a recipient to overcome barriers to employment or will otherwise assist the state in satisfying work participation rates or are appropriate to accommodate the special needs of persons with disabilities; or by participating in a combination of any of these activities. Recipients under the age of 20 attending high school full time under section 2C shall be deemed to have satisfied the requirements of this section through satisfactory attendance at secondary school. Participation in work activities shall be verified in the manner and at the frequency required by federal law.

 (d) The commissioner may provide that recipients subject to the work requirement who, without good cause and after having been required to perform community service pursuant to subsection (f), do not satisfy said work requirement shall not receive assistance until they meet the requirement for 2 weeks. The sanction for not satisfying the work requirement shall not include termination of assistance to the children or other family members of the recipient.

(e) The department shall determine that good cause exists when a recipient is not in compliance with the work program or the terms of an employment development plan and the noncompliance is due to lack of appropriate and available child care, lack of affordable and reliable transportation, housing search, lack of an available and appropriate community service site identified by the department, illness or disability or other reasons established by the department. For purposes of this subsection, a determination as to whether an available child care slot is appropriate shall take into consideration factors that the department of early education and care recommends be considered or that a reasonable and responsible parent would consider in deciding whether a child care slot is appropriate, including the time required to travel to and from the provider and the recipient's home, work or other activities. Before determining that a recipient has not complied with the work program or the terms of an employment development plan without good cause, the department shall review all good cause criteria with the recipient to determine if good cause exists.

(f) If a recipient in the work program has not obtained employment or is otherwise not participating in countable work activities for the required number of hours per week, the recipient shall be required to participate for the required hours per week in the community service program established by section 3C during the school hours of her or his child in return for the applicable payment standard otherwise payable to the family; provided that the department shall refer the recipient to an available and appropriate community service site and that the recipient may at any time thereafter choose to comply with said work requirement through other countable activities and the department shall inform each recipient of this option at the time the recipient is mandated to do community service. In the case of a recipient who has obtained employment or is engaged in countable work activities for less than the required hours per week, the community service requirement shall be the difference between the required hours per week and the amount of time such recipient is employed each week.

(g) In no case shall a

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recipient be required to seek or accept employment as a condition of eligibility when a mental or physical disability of a dependent child requires presence at home. No individual shall be considered ineligible for aid or assistance because of failure to comply with the provisions of this chapter if such failure is due to illness or disability. A recipient shall not be compelled by the department to be trained or to be employed in domestic service, nor required to accept such employment if such employment would require work between the hours from six o’clock postmeridian of one day, and six o’clock antemeridian of the following day.

SECTION 9. Section 3 of said chapter 118, as appearing in the 2004 Official Edition is hereby amended by striking out, in line 1, the word “Except” and inserting in place thereof the following word:- (a) Except.

SECTION 10. Said section 3 of chapter 118, as so appearing, is hereby further amended by striking out, in line 23, the word “The” and inserting in place thereof the following word:- (b) The.

SECTION 11. Said section 3 of said chapter 118, as so appearing, is hereby further amended by striking out the third, fourth and fifth paragraphs and inserting in place thereof the following 8 subsections:-

(c) Prior to a recipient becoming subject to the work requirement pursuant to section 2H and prior to development of an employment development plan or a family well-being plan pursuant to this section, the department shall explain the earnings disregards and other work supports, such as child care, transportation subsidies, and the state and federal earned income credits, to the recipient and shall provide sample calculations showing the effect of various levels of earned income, including earned income credits, on cash assistance and other benefits.

(d) Subject to appropriation, the department shall develop for each recipient who is subject to the work requirement pursuant to section 2H, an employment development plan designed to enable said recipient to attain economic self-sufficiency. Said plans shall be prepared by the case manager with involvement of the recipient. The plan shall be developed after an in-depth assessment of the recipient's current employability, including barriers to employment and education, training and supportive services needs, and after development of a strategy to enable such parent to attain economic self-sufficiency. In developing the plan, the department shall consider all available programs qualifying under subsection (f) and section 2H, whether or not department funded, and the supportive services needed by the parent to participate, including child care and transportation. With respect to department-funded programs, the department shall determine the number of available slots, after considering the appropriations for said programs. Volunteers shall be given first priority for participation in all such department-funded programs. No parent shall be allowed to enroll in a department-funded program if the number of participants already in such program meets or exceeds the number of available slots. Available department-funded program slots shall be filled on a first-come, first-serve basis.

(e) Said plans shall include the activities in which the recipient will participate in order to satisfy the work requirement pursuant to section 2H, any other activities in which the recipient volunteers to participate, and the support services that the recipient needs in order successfully to participate in such activities. With respect to recipients not qualifying as exempt pursuant to the provisions of section 2F, the employment development plan shall be used to satisfy any universal or full engagement or family self-sufficiency plan requirement, so-called, imposed by federal law, including any federal requirement to assess the skills, work experience, employability, and barriers to employment of each adult or teen-parent recipient.

(f) All recipients may participate in the following activities subject to the availability of program slots and funding; provided, however, that those subject to the provisions of section 2H shall fulfill the requirements of said section:

(i) the full employment program established pursuant to section 3D;

(ii) a recognized job training program;

(iii) a recognized educational program; or

(iv) any other employment services activity approved by the department.

(g) (1) With respect to recipients who are exempt pursuant to the provisions of section 2F the department or an agency as specified in clause (2) is authorized to develop, with the involvement of the recipient and after an in-depth assessment of the recipient’s skills, work experience, employability, and barriers to employment, a family well-being plan to assist the members of the family in accessing services to improve the well-being of the family and to assist the recipient in taking steps to address barriers to employment, including lack of education or job skills, and in preparing for employment.  In developing the plan the department shall consider the supportive services needed by the recipient to participate, including child care and transportation.   To the extent the family desires, such plans shall set forth how the case manager will assist the family in performing any other activities required or recommended for members of the family by the department of transitional assistance or other entities, including but not limited to medical providers, schools, public housing authorities, emergency shelter or housing search providers, the courts, employers and the department of social services. In no event shall the plan or the process of its development interfere with the family's performance of, or make it more difficult for a family to perform, such other activities. With respect to exempt recipients who receive benefits from the federally funded program, such plan shall be used to satisfy any universal or full engagement or family self-sufficiency plan requirement, so-called, imposed by federal law.

(2) With respect to recipients determined exempt by reason of a recipient’s disability, the department shall link the recipient to another state agency with experience in serving the needs of persons with such disabilities whose employees, subject to appropriation and with the involvement of the recipient, may develop any family well-being plan, provide case management, and conduct any reassessment. In the case of recipients determined to be exempt by reason of mental health diagnoses, outreach to the recipients and creation of any such plans for them will be done by human services coordinators of the department of mental health; in the case of recipients determined exempt by reason of mental retardation or low cognitive function, outreach to and creation of any such plans for them will be done by human services coordinators of the department of mental retardation; and in the case of recipients determined exempt by reason of other disabilities, outreach to and creation of such plans for them shall be done by qualified employees of the department of public health or the Massachusetts rehabilitation commission. In order to cover the costs of the assessments, plan development, case management, and costs of services related to these plans, the department of transitional assistance shall transfer to these other agencies funds appropriated for the employment services program.

(h) Recipients who do not comply with the terms of their employment development or family well-being plan, without good cause, may be required to participate in a reassessment, through which the plan may be modified, and recipients who are subject to but not satisfying the work requirement without good cause may lose assistance pursuant to section 2H.

(i) In developing such an employment development or family well-being plan with an individual applicant or recipient, the department or the other responsible agency pursuant to subsection (g) shall identify and explain all opportunities, whether or not department-funded, for education, training, job search and other employment services and for child care, transportation and other support services and allow the individual to determine which activities or services are appropriate for her or him and her or his children and, therefore, should be included in the plan; provided that employment development plans for nonexempt applicants and recipients must include activities that satisfy the work requirement pursuant to section 2H. The department or the other responsible agency shall also take into account the availability or lack thereof of affordable and reliable transportation, appropriate child care and appropriate health care or other services to which the department or other responsible agency proposes to refer the applicant or recipient. The department shall ensure that any activity or service to which it or another responsible agency refers an applicant or recipient who is a person with a disability or whose family includes a person with a disability provides equal access and reasonable modifications and accommodations as necessary to comply with all applicable state and federal laws against discrimination against persons with disabilities. The department shall also ensure that any activity or service to which it refers an applicant or recipient who is a person of limited English proficiency provides equal access and necessary bilingual services in compliance with all applicable state and federal civil rights laws.

(j) Subject to appropriation, recipients who are exempt pursuant to section 2F shall be afforded an opportunity to participate in all activities listed in subsection (f), and shall be informed by the department of said opportunities. Subject to appropriation, the department shall develop and fund programs specifically designed to meet the special needs of parents with disabilities so as to provide equal opportunities to such parents to benefit from the employment services program, so-called, whether or not they are exempt pursuant to section 2F. Providers of such services will be reimbursed in accordance with criteria that primarily reward educational and skills advancement, as opposed to immediate job placement, retention or advancement.

SECTION 12. Said chapter 118 is hereby further amended by inserting after section 3A the following 9 sections:-

Section 3B. The department shall make payments or shall assure that payments are made for child care services to families in which a parent or parents or other relative receiving assistance for a dependent child needs child care services in order to work or to participate in any of the education, training, community service or other employment services or family well-being plan activities approved pursuant to section 2H or 3. Any former recipient, whether or not he has received assistance for the 24 month period allowed by section 2G, who is employed and who meets the financial eligibility requirements established by the department in regulations, shall be eligible to receive transitional child care services for a period of 1 year following termination of benefits pursuant to said section 2G.

Section 3C. (a) The department shall administer a community service program in which recipients subject to the work requirement under Section 2H shall be offered the opportunity to participate for some or all of the required work hours per week and in which recipients subject to said work requirement who are not participating in countable activities for the required hours per week are required to participate pursuant to the provisions of section 2H. Community service programs shall not be used to displace regular employees nor to fill unfilled positions previously established.

(b) For the purpose of this section, "community service", shall mean a program designed for recipients of public assistance under which a public entity or private nonprofit organization undertakes to provide work or training experience to applicants or recipients of public assistance who have chosen or have been required to participate without compensation in such program, and to provide supervision over such work or training experience.

Section 3D. (a) The full employment program is hereby established as a program in which recipients, subject to criteria and eligibility rules established by the department, in lieu of receiving benefits under the food stamp program and cash payments under the program of transitional aid to families with dependent children, shall be provided with employment in a manner which promotes self-sufficiency and which shall provide work experience to improve the recipient's competitive position in the work force.

(b)(1) An eligible individual who participates in the program shall work full-time in a program job, as available, and shall be paid not less than the applicable minimum wage. In the event that the net monthly full-time wage paid to a participant, which for purposes of this subsection shall be the gross wage minus mandatory payroll deductions, would be less than the level of income from transitional aid to families with dependent children and the food stamp benefit amount equivalent that the participant would otherwise receive, the department shall determine and pay a supplemental payment as necessary to provide the participant with such level of net income. The department shall, by regulation, adopt an equivalence scale to be adjusted for household size and other factors. The purpose of the equivalence scale shall be to insure that participants are not economically disadvantaged, in terms of net income, by accepting a job under the program. The department shall determine and pay, in advance, supplemental payments to participants on a monthly basis as necessary to insure equivalent net program wages. The employer shall compensate participants for hours worked.

(2) In addition to the participant wage, as defined in paragraph (1), the employer shall pay one dollar for each participant hour worked into a qualified Individual Asset Account, hereinafter called the "IAA", as defined in regulations promulgated by the executive office of health and human services. The IAA shall be owned by the participant and access shall be restricted until such time as the participant leaves the program for a job of at least 30 hours per week for which compensation is paid or after 12 months in said program, whichever is sooner. The IAA is established in order to improve the position of program participants by increasing their asset base. The amount in the IAA shall not be counted as an asset for the purpose of determining financial eligibility for benefits authorized by this chapter.

(3) Upon the acceptance of a program job in compliance with the participant's employment development plan as set forth herein, transitional aid to families with dependent children and food stamp benefits shall no longer be paid as a grant to the program participant. Transitional aid to families with dependent children and food stamp benefits shall be suspended at the end of the calendar month in which an employer makes the first wage payment to a participant who is a custodial parent in a family that receives transitional aid to families with dependent children and food stamp benefits.

(4) Program participants who are eligible for federally and state funded medical assistance at the time they enter the program shall remain eligible for as long as they shall continue to participate in said program. 

(c)(1) The department shall adopt rules and regulations to determine which employers within the commonwealth shall have the opportunity to accept program participants. No employer shall be required to participate in the program. In the event that there are unassigned participants whom no employer has accepted, such unassigned participants shall be reassessed, with focus on the employment development plan, and may be assigned to other available programs.

(2) The maximum number of program participants that an employer shall be authorized to accept at any one time shall not exceed 10 per cent of the total number of the employer's employees, provided, however, that an employer may receive 1 participant. The commissioner of the department may waive the limit in special circumstances; provided, however, that said commissioner may grant or not grant said waiver at his sole discretion and his decision shall not be subject to review.

(3) The department shall insure that jobs made available to program participants by said employers shall not: (i) require work in excess of 40 hours per week; or(ii) be used to displace regular employees nor to fill unfilled positions previously established.

(4) In consultation with the participant, the department shall attempt to match the profile of a participant with the needs of an employer when assigning a participant to work with such employer.

(5) The commonwealth shall pay to employers up to the following amounts as partial reimbursement for wages paid to program participants: (i) for the first 9 months that the program participant is employed by such employer, 3/4 of the participant’s wage per hour; (ii) for the next 3 months that the program participant is employed by such employer, 50 per cent of the participant’s wage per hour.

(d) Program employers shall:

(1) pay all participants a wage rate of not less than the applicable minimum wage;

(2) provide sick leave, holiday and vacation absences in a manner which shall conform to the individual employer's rules for new employees;

(3) provide workers' compensation coverage for each program participant;

(4) consider all persons participating in the program to be employees of the individual employer providing the employment who shall therefore be entitled to all benefits required by state and federal law;

(5) endeavor to make program placements positive learning and training experiences;

(6) maintain health, safety and working conditions at or above levels generally acceptable in the industry and no less than that of comparable jobs of the employer;

(7) provide on-the-job training to the degree necessary for the participant to perform such duties;

(8) provide on-the-job mentors from among regular employees to assist the participants in becoming oriented to work and to the work place; and

(9) sign an agreement for each placement outlining the specific job offered to the participant and agreeing to abide by all requirements of the program, including the requirement that the program not supplant existing jobs and to repay reimbursement in the event the employer violates program rules. The department shall have the authority to enforce these conditions and shall establish regulations to govern such enforcement.

(e) (1)The department shall establish rules and regulations to: (i) develop criteria and fair procedures for excluding certain employers from participation for failure to abide by program requirements or other demonstrated unwillingness to comply with the stated intent of said program; and (ii) provide that employers that have shown a pattern of terminating participants prior to the completion of training or of not offering unsubsidized employment to participants who have successfully completed training with that employer shall be ineligible to receive additional participants.

(2) If the department finds that an employer has violated any of the rules or regulations of the program, the department: (i) shall withhold any wage reimbursement amounts due to the employer; and (ii) may seek repayment of any wage reimbursement amounts paid to such employer.

(f) (1) If, after 9 months in a placement, a participant has not been hired for an unsubsidized position, the employment development plan of the participant shall be reassessed. If, after 12 months in a placement, a participant has not been hired for an unsubsidized position, the subsidy to the employer shall be discontinued, the employment development plan of the participant shall be reassessed and the participant may be assigned to another program.

(2) Program participants who have failed to carry out successfully a program job after a minimum of 3 attempts shall be reassessed and may be assigned to mandatory placement in the community service program. Rules governing sanctions, hearings or conciliations for participants in the program shall be the same as those for the transitional aid to families with dependent children and food stamp programs.

(g) Either the employer or the participant may terminate the assignment by contacting the appropriate department office. In such event, the case worker shall reassess the needs of the participant and may assign the participant to another placement or another program component and, at the employer's request, the case worker may provide the employer with another participant. The department shall endeavor to keep such terminations to a minimum.

(h) For the purposes of determining eligibility for the 1 year transitional child care and MassHealth provided to certain former recipients of assistance who have left the program for employment, the transitional year, so-called, shall commence on the day said participant is hired into and commences non-subsidized employment.

(i) The department shall submit to the house and senate chairs of the joint committee on children and families, the chairs of the house and senate ways and means committees, and the secretary of administration and finance an annual report outlining the number of slots available in the full employment program and how many of those slots have been filled.

Section 3E. (a) For teen recipients who require a structured setting pursuant to the provisions of subsection (b) of section 2C, the department shall, subject to appropriation, establish such settings, and shall, at minimum:

(i) enter into an inter-agency agreement with the department of social services to develop resources for structured residential living arrangements that will meet the long-term needs of teenage recipients and their children;

(ii) identify and train teen specialist case managers to coordinate available services and assist in the process of determining appropriate living arrangements

(iii) require teen recipients to enroll and make acceptable progress in a program for a high school diploma or a general education development certificate;

(iv) require teenage recipients to participate in basic parenting classes, basic life skills classes and pregnancy prevention classes;

(v) provide necessary rules and regulations to promote stability;

(vi) collaborate closely with the department of early education and care to provide appropriate and continuous education and care to the child and parenting assistance and education to the teen recipient; and

(vii) provide regular counseling sessions to enhance the individuals self-esteem.

(b) Pregnant and parenting teens residing in structured residential settings may be required to pay a portion of their grant as determined by their residential program for rent.

(c) Transitional housing programs serving teenage parents 16 years of age or older shall not be considered to fall within the definition of "group care facility" as set forth in section 9 of chapter 28A, or any successor statute.

(d) The department of early education and care shall promulgate rules and regulations concerning the licensing of transitional housing programs serving teenage parents 16 years of age or older and residential programs serving teenage parents under 16 years of age.

Section 3F. (a) Notwithstanding any general or special law to contrary, in order to avoid federal penalties or reduction of the federal Transitional Assistance for Needy Families block grant associated with failure to meet the required federal work participation rate,  the department may fund benefits paid to certain recipients of transitional aid to families with dependent children through a separate solely state funded program that is funded only with state dollars and which shall be known as state-funded transitional aid to families with dependent children. Expenditures on state-funded transitional aid to families with dependent children shall not be counted towards the state’s TANF maintenance of effort obligation to the extent that doing so would cause the state not to be able to satisfy federal work participation rates. Families who shall receive state-funded benefits in the separate state program shall include, to the extent necessary to meet federal work participation rates, those who are eligible for assistance under state law and would count towards the denominator but would not count towards the numerator in the state’s federal work participation rate or would otherwise place the state at risk of not meeting federal requirements if they received benefits in a program funded in whole or in part with federal funds from the TANF block grant or state funds counted towards TANF maintenance of effort.

(b) The comptroller, the executive office of health and human services, the department of transitional assistance and any other responsible state agencies are hereby authorized and directed to allocate state and federal dollars in a manner to accomplish this policy.

(c) Notwithstanding the foregoing, to the extent that doing so aids the commonwealth in meeting federal work participation rates and increases flexibility in allocating state and federal funds, the first two months of receipt of cash assistance from what otherwise would be transitional aid to families with dependent children or state-funded transitional aid to families with dependent children shall be designated an initial assessment program, in which benefits equal to transitional aid to families with dependent children benefits shall be paid with federal TANF block grant funds.

Section 3G. (a) The department may obtain certain data available to and provided by the department of revenue including, but not limited to, 14 day labor reporting information, and to garnish wages of persons deemed to have fraudulently obtained assistance.

            (b) The department shall establish administrative penalties for the first conviction of  welfare fraud or in cases in which persons are receiving benefits under more than 1 application, which shall include permanent disqualification for future benefits and repayment in an amount equal to the grant received from the date of the incidence of fraud for which said person has been convicted.

            (c) The department shall establish a toll free telephone number for the reporting of welfare fraud or violations of any regulations of the department. Information received through such program shall be referred to the bureau of special investigations.

            Any person found guilty of committing a fraud upon the department shall be ineligible to receive benefits under any assistance program provided by said department until such time as any fine has been paid and any sentence has been served that was imposed as a result if a conviction of a violation of section 5B, 5F or 15 of chapter 18 of the General Laws.

            (d) The department shall promulgate regulations to provide that employees of the department who participate in or assist in fraudulently procuring payments from the department shall be terminated from such employment. Any such employee shall be punished by a fine of not less than $2,000 nor more than $5,000, or by imprisonment for not more than 5 years in prison, or not less than 1 year and not more than 2 ½ years in a house of correction.  In addition to any other punishment  repayment shall be ordered of the amount of said payments procured which shall be in addition to and not in lieu of any penalties imposed pursuant to this section; provided, however, that the retirement contributions of such employees shall be made available for the purpose of satisfying said ordered repayment and such fines levied hereunder.

            (e) Any agency or entity that receives state funds shall not publish or cause to be published any information intended to instruct, encourage or aid a person to commit fraud upon the commonwealth or to circumvent regulations by spending financial windfalls from lottery winnings, inheritances or court settlements in order to ensure continued eligibility for the transitional aid to families with dependent children program or other state funded programs. Violation of the provisions of this section shall result in sanctions to an employee of any such agency and the imposition of a fine to such agency of up to $10,000; provided, however that nothing in this section shall be construed to require an attorney to behave in a manner inconsistent with the code of professional responsibility.

Section 3H. Except to the extent prohibited by any federal or state law, the department of youth services and the department of correction shall on a monthly basis transmit to the department of transitional assistance a current roster of all persons incarcerated in or committed to each the houses of correction, boot camps, prisons, and other correctional facilities run by said departments housing inmates who have been incarcerated since the last monthly report. The information shall be provided in a format that is compatible with the department’s file layout of its automated data processing system to ensure the immediate identification of inmates who may be receiving welfare benefits. The information provided shall include name, social security number, date of birth, date of incarceration, and expected release date. The department shall examine and verify said information and shall identify any case in which a person so incarcerated or so committed, said person’s family member or said dependent, is receiving benefits from said public assistance programs for which he, said family members or said dependent is not eligible and shall take appropriate action which shall include, but not be limited to, a review and re-verification by the department that the information is accurate and applicable as required by department regulations. The department shall provide this information to the Social Security Administration and the department of revenue. No information obtained pursuant to this section shall be released or utilized for any purpose other than those set forth in this section.

Section 3I. (a) The department shall identify and track its expenditures and those of other state agencies, city and town governments and private entities that may be claimed as TANF maintenance of effort expenditures to satisfy the commonwealth’s obligations under 42 U.S.C. § 609 so that benefits to those recipients who would reduce the commonwealth’s work participation rate may be paid solely with state funds that are not used to meet the commonwealth’s TANF maintenance of effort obligations.  All state agencies shall cooperate in the identification, tracking and reporting of such expenditures.

(b) The department shall provide to the chairs of the house and senate committees on ways and means and the chairs of the joint committee on children and families, a draft of the quarterly reports to the federal government on TANF and maintenance of effort spending 30 days prior to filing such report.

(c) On January 15th of each year the department shall file a report with the chairs of the house and senate committees on ways and means and the chairs of the joint committee on children and families setting forth the work participation rate among families who are subject to the work requirement, efforts that have been made to increase that work participation rate and any barriers to improving the work participation rate among those who are work-required and efforts to assist persons with disabilities in engaging in work activities.  Said report shall also recommend additional employment services which will increase the commonwealth’s work participation rates among parents who are subject to the work requirement under the program of Transitional Aid to Families with Dependent Children, including but not limited to enhanced assessments of barriers to employment and strategies to address those barriers, additional transportation services including transportation assistance for all parents who are subject to the work requirement, additional education and training activities; and other activities that will assist the commonwealth in meeting work participation rates.

SECTION 13 Said chapter 118 is hereby further amended by adding the following section:-

Section 12. (a) A taxpayer required to file a return under the provisions of chapter 62 shall be allowed a credit against the excise due under said chapter for employing persons that had been employed by such taxpayer through the full employment program defined in this chapter. Such credit shall be calculated by multiplying the number of full months after cessation of state subsidies a qualifying program participant was employed by the taxpayer by $100. The maximum credit allowed for all years for the employment of each qualifying program participant shall be $1,200. A taxpayer entitled to a credit under this subsection for a taxable year may carry over and apply to its excise for any 1 or more of the next succeeding 5 taxable years, the portion, reduced from year to year, of its credit which exceeds its excise for the taxable year.

(b) The department shall report to the department of revenue and to the employer the program participant's name and social security number, the employer's name and identification number and the number of complete months of eligible employment for each participant of the program for whom an employer would be eligible to claim the credit provided by subsection (a) within 31 days of the end of each calendar year. The department of revenue shall consult with the house and senate committees on ways and means and the house and senate chairs of the joint committee on children and families to determine non-confidential data which shall annually be published to determine the effectiveness of the credit provided by this subsection. Said department of revenue shall promulgate rules and regulations necessary to implement the provisions of this subsection.

(c) A taxpayer required to file a return under the provisions of chapter 63 shall be allowed a credit against the excise due under said chapter for employing persons that had been employed by the taxpayer through the full employment program defined in this section. Such credit shall be calculated by multiplying the number of full months after cessation of state subsidies a qualifying program participant was employed by the taxpayer by $100. The maximum credit allowed for all years for the employment of each qualifying program participant shall be $1,200. A taxpayer entitled to a credit under this section for a taxable year may carry over and apply to its excise for any 1 or more of the next succeeding 5 taxable years, the portion, reduced from year to year, of its credit which exceeds its excise for the taxable year.

(d) The department shall report to the department of revenue and to the employer

the program participant's name and social security number, the employer's name and identification number and the number of complete months of eligible employment for each participant of the program for whom an employer would be eligible to claim the credit provided by subsection (c) of this section within 31 days of the end of each calendar year. The department of revenue shall consult with the house and senate committees on ways and means and the house and senate chairs of the joint committee on children and families to determine non-confidential data which shall annually be published to determine the effectiveness of the credit provided by this subsection. The department of revenue shall also promulgate rules and regulations to implement the provisions of this subsection.

SECTION 14.  Sections 110 to 114, inclusive of  chapter 5 of the acts of 1995 are hereby repealed.

SECTION 15.  Sections 117 to 119, inclusive, of said chapter 5 are hereby repealed.

SECTION 16.  Sections 121 to 123, inclusive, of said chapter 5 are hereby repealed.

SECTION 17.  Section 132 of said chapter 5 is hereby repealed.

SECTION 18. Sections 140 to 142, inclusive, of said chapter 5 are hereby repealed..

SECTION 19. As of the effective date of this act, the department of transitional assistance and its sister agencies referenced in clause (11) of subsection (g) of section 3 of chapter 118 of the General Laws shall begin to develop a pilot project implementing a system of family well-being plans in no fewer than two transitional assistance offices to include or be selected from among the offices in Boston New Market Square, Revere, Hyannis, New Bedford, Plymouth and Springfield Liberty street. In developing and administering these pilots, these agencies shall consult an advisory board comprised of representatives of at least 2 organizations representing persons with disabilities, representatives of the employees’ unions of the involved agencies, representatives of Massachusetts legal services programs serving the offices covered by the pilot and the Massachusetts Law Reform Institute. Such pilot programs shall be in place no later than April 1, 2007. The department, the other referenced agencies and the advisory board shall file an initial written report on or before October 31, 2007 and a final written report on or before January 15, 2008 with the joint committee on children and families and the house and senate committees on ways and means describing the services offered and delivered through the pilot, the costs associated with the pilot, the success rate in engaging families in meaningful activities, the success of those services in positively impacting recipients’ lives, any obstacles to the success of the pilots and any legislative recommendations for improving the system of family well-being plans. The reports shall include the results of responses to consumer satisfaction surveys from recipients participating in the pilot program.

SECTION 20. Notwithstanding any general or special law to the contrary, in preparing and submitting any report to the federal government with regard to maintenance of effort expenditures pursuant to 42 U.S.C. §609(a)(7) for federal fiscal year 2007 or any succeeding fiscal year, the executive office of health and human services or any other responsible state agency or employee shall claim a sufficient amount of state and other qualified spending to satisfy the commonwealth’s maintenance of effort requirement while also fulfilling the purposes of section 3F of said chapter 118 of the General Laws, as inserted by this act,  by paying benefits with state dollars that are not counted toward said maintenance of effort requirement for those who would otherwise undermine the commonwealth’s ability to satisfy federal work participation rates. If, after such report is filed, the federal government disallows any of the expenditures so claimed, the responsible state agencies and employees will, to the maximum extent feasible, file a revised report claiming other state expenditures toward said maintenance of effort obligation. If, due to disallowances by the federal government, the responsible state agencies and employees conclude that there is not sufficient state and other qualified spending available to satisfy the commonwealth’s maintenance of effort requirement and to allow the commonwealth to pay benefits with state dollars that are not countable toward said maintenance of effort obligation to all those who would otherwise be so funded pursuant to said section 3F, the department of transitional assistance shall submit to the chairs of the house and senate committees on ways and means and the chairs of the joint committee on children and families a report including all relevant communications between the commonwealth and the federal government with respect to maintenance of effort spending and a detailed analysis of whether and how extending the work requirement pursuant to section 2H of said chapter 118 to (i) recipients who must care for a disabled family member as referred to in subsection (a)(2) of said Section 2F but whose caretaking responsibilities do not substantially reduce or eliminate their ability to meet the requirements of the work program established in section 2H or to engage in work activities that meet the requirements of federal law for the number of hours required by federal law; (ii) to recipients who are in their last trimester of pregnancy as referred to in subsection (a)(3) of said section 2F and whose participation in work activities would not threaten the health or safety of the parent or the unborn child; would enable the commonwealth to satisfy its maintenance of effort obligation and applicable work participation rates. If, within 60 days after receipt of such report, the general court has not directed the administration to take an alternative approach to addressing the risk of not meeting federal requirements and has not repealed this section, the department may, notwithstanding the provisions of section 2F of said chapter 118, extend the work requirement to some or all of such categories of recipients if doing so would enable the commonwealth to meet federal maintenance of effort and work participation requirements; provided that, said work requirement may be extended only to the categories of recipients in subsections (a)(2) and (3) of said section 2F.

SECTION 21. The department of transitional assistance shall report annually, with the first report filed on November 1, 2007, to the house and senate committees on ways and means and the joint committee on children and families the number of recipients, in each department of transitional assistance region, who are not able to fulfill requirements of their work requirement, employment development plan or family well-being plan because of lack of transportation.  Said report shall cover not only recipients who have been granted good cause by department of transitional assistance due to lack of transportation, but also responses to surveys concerning transportation needs that department of transitional assistance shall regularly make available at each local department of transitional assistance office and shall administer with recipients at each eligibility review or transition review. The department of transportation, in consultation with the department of transitional assistance, shall develop a plan to address the transportation needs of recipients who are identified by these means or others as having transportation barriers and shall include an analysis of the cost of providing transportation to allow recipients to fulfill the requirements of the employment development and family well-being plans.  The department of transportation shall provide a report on the plan to the joint committee on children and families and the house and senate committees on ways and means by June 1, 2008.

SECTION 22. Section 3F of chapter 118 of the General Laws, inserted by section 12 shall take effect on October 1, 2006.