H 4835 Session 110 (1993-1994)
H 4835 Joint Resolution, By J.T. McElveen, Boan, Cobb-Hunter, J.L.M. Cromer,
Govan, J.H. Hodges, Inabinett, J.G. Mattos, J.H. Neal, J.S. Shissias,
D.C. Waldrop and C.C. Wells
A Joint Resolution to enact the South Carolina Self-sufficiency and Parental
Responsibility Act of 1994 so as to establish the welfare policy of the State;
to expand the Department of Social Services Work Support Program statewide; to
revise the requirements for participation in the Work Support Program; to
direct the Department of Social Services to apply for federal waivers for a
transition to employment program, removal of the automobile resource value
limit, a self-sufficiency pilot project, and elimination of the parental
deprivation rule; to require mandatory participation in the Work Support
Program by noncustodial unemployed parents; to expand the Department of Social
Services Teen Companion Program; to provide parenting and daily living skills
as part of the Work Support Program; to direct the Department of Health and
Environmental Control to continue expansion of family planning services
including a federal waiver extending Medicaid Family Planning eligibility for
two years after childbirth and to recommend a five-year funding phase-in for
these services.
03/01/94 House Introduced and read first time HJ-12
03/01/94 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-13
04/13/94 House Committee report: Favorable Medical, Military,
Public and Municipal Affairs HJ-8
04/27/94 House Debate adjourned HJ-63
04/27/94 House Special order, set for after consideration of H
4036 (Under H HJ-104
04/28/94 House Amended HJ-335
04/28/94 House Read second time HJ-347
04/28/94 House Unanimous consent for third reading on next
legislative day HJ-347
04/29/94 House Read third time and sent to Senate HJ-2
05/03/94 Senate Introduced and read first time SJ-11
05/03/94 Senate Referred to Committee on General SJ-11
AMENDED
April 28, 1994
H. 4835
Introduced by REPS. McElveen, Cobb-Hunter, Cromer, Neal, Govan,
Shissias, Inabinett, Waldrop, Boan, Wells, Mattos and Hodges
S. Printed 4/28/94--H.
Read the first time March 1, 1994.
A JOINT RESOLUTION
TO ENACT THE SOUTH CAROLINA SELF-SUFFICIENCY AND
PARENTAL RESPONSIBILITY ACT OF 1994 SO AS TO
ESTABLISH THE WELFARE POLICY OF THE STATE; TO
EXPAND THE DEPARTMENT OF SOCIAL SERVICES WORK
SUPPORT PROGRAM STATEWIDE; TO REVISE THE
REQUIREMENTS FOR PARTICIPATION IN THE WORK SUPPORT
PROGRAM; TO DIRECT THE DEPARTMENT OF SOCIAL
SERVICES TO APPLY FOR FEDERAL WAIVERS FOR A
TRANSITION TO EMPLOYMENT PROGRAM, REMOVAL OF THE
AUTOMOBILE RESOURCE VALUE LIMIT, A SELF-SUFFICIENCY
PILOT PROJECT, AND ELIMINATION OF THE PARENTAL
DEPRIVATION RULE; TO REQUIRE MANDATORY
PARTICIPATION IN THE WORK SUPPORT PROGRAM BY
NONCUSTODIAL UNEMPLOYED PARENTS; TO EXPAND THE
DEPARTMENT OF SOCIAL SERVICES TEEN COMPANION
PROGRAM; TO PROVIDE PARENTING AND DAILY LIVING
SKILLS AS PART OF THE WORK SUPPORT PROGRAM; TO
DIRECT THE DEPARTMENT OF HEALTH AND
ENVIRONMENTAL CONTROL TO CONTINUE EXPANSION OF
FAMILY PLANNING SERVICES INCLUDING A FEDERAL
WAIVER EXTENDING MEDICAID FAMILY PLANNING
ELIGIBILITY FOR TWO YEARS AFTER CHILDBIRTH AND TO
RECOMMEND A FIVE-YEAR FUNDING PHASE-IN FOR THESE
SERVICES.
Amend Title To Conform
Whereas, the General Assembly finds that the welfare system of South
Carolina must be based upon a reciprocal agreement between welfare
recipients and those who pay the bill for welfare, the taxpayers. The
system must assist families in poverty to become economically
independent by providing the tools to achieve self-sufficiency while
deterring abuse of the system through the imposition of fair and
meaningful sanctions; and
Whereas, public assistance is not a desired choice for most recipients
since most recipients want to work and improve the lives of their
families as evidenced by the fact that the average Aid to Families with
Dependent Children (AFDC) recipient is on public assistance for less
than two years; and
Whereas, government resources for welfare, when used in an effective
manner, can reduce crime and prison populations, encourage
productivity, improve the quality of life of many South Carolina
families, and generally be as beneficial to this State as resources spent
on traditional economic development strategies; and
Whereas, preventing the need for public assistance is the most cost
effective approach for welfare reform with public policy that uses
resources to encourage and enable responsible family planning,
emphasize family unit preservation, and promote responsible prenatal
and parenting practices is a good investment in the future of South
Carolina; and
Whereas, public and private efforts to increase opportunities for
meaningful job creation and economic development can enable public
assistance recipients and other at-risk individuals to achieve
self-sufficiency; and
Whereas, if the public policy of South Carolina places a priority on
saving people who are mired in the welfare system, then the State will
benefit by saving money and the quality of life of all South Carolinians
can be enhanced by a lower crime rate, less incarceration, less illiteracy,
and stronger families. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
Part I
State Policy
SECTION 1. This joint resolution may be cited as the "South
Carolina Self-Sufficiency and Parental Responsibility Act of
1994."
SECTION 2. It is the policy of the State that the welfare system in
South Carolina must be structured to assist families in poverty to
maximize their potential to become economically independent. At the
same time, there must be a reciprocal agreement between welfare
recipients and those who pay for welfare, the taxpayers. The system
must encourage individual responsibility by providing the tools to
achieve self-sufficiency and deter abuse of the system through the
imposition of fair and meaningful sanctions.
Part II
Self-Sufficiency
SECTION 1. The Department of Social Services Work Support
Services Delivery System (Work Support Program), Article 5, Chapter
5, Title 43, an employability development and job placement program
for recipients of Aid to Families with Dependent Children currently
administered by the department in twenty-seven counties must be
expanded to provide the full array of program services in the remaining
counties.
SECTION 2. To foster the goals of self-sufficiency and independence
in the early stages of a family's involvement in the welfare system, the
Department of Social Services shall apply to the federal government for
a waiver authorizing the State to require an Aid to Families with
Dependent Children parent to participate in the Work Support Program
when the parent's youngest child is six months old rather than three
years old, the current threshold for participation.
SECTION 3. To promote stability and longevity in employment, the
Department of Social Services shall apply to the federal government for
a waiver authorizing a transition program for employed AFDC clients
who because of their income would otherwise be ineligible but who do
not have sufficient income or earning power to avoid returning to
welfare following the abrupt loss of AFDC benefits. The transition
program waiver would assure continued AFDC day care and Medicaid
benefits but would reduce economic benefits incrementally each quarter
after the family's income exceeds the net income allowed for AFDC
eligibility, according to the following schedule:
(1) For the first quarter, the family would receive a grant of twenty
percent of the maximum AFDC award for the family size.
(2) For the second quarter, the family would receive a grant of
fifteen percent of the maximum award for the family size.
(3) For the third quarter, the family would receive a grant of ten
percent of the maximum award for the family size.
(4) For the last quarter, the family would receive a grant of five
percent of the maximum award for the family size.
SECTION 4. In order to assist AFDC families in fulfilling their
obligations to participate in the work support program or to assure their
ability to get to their place of employment by having reliable
transportation, the Department of Social Services shall apply to the
federal government for a waiver authorizing the department to remove
the one thousand five hundred dollars equity value resource limit on a
car so as to allow a family one vehicle without regard to value.
Part III
Self-Sufficiency Pilot Project
SECTION 1. The Department of Social Services shall apply to the
federal government for a waiver to revise its Work Support Program and
AFDC program to implement a self-sufficiency pilot project in
Charleston, Berkeley, Dorchester, and Barnwell Counties providing
individualized intensive case management which would:
(1) provide a continuum of services, including transitional
services, to clients and their children, based on a holistic model where
case managers are assigned to coordinate services based on
individualized client needs;
(2) consolidate all work support functions for AFDC clients under
the Department of Social Services and charge the department with the
responsibility for placing AFDC clients into meaningful employment;
(3) establish a reciprocal agreement of service provision and
program participation and compliance between the client and the State;
(4) establish and locate job development and placement
specialists and housing specialists at the Department of Social Services
to serve these needs for AFDC clients;
(5) identify the time frame necessary for each client to complete
an individualized plan for self-sufficiency;
(6) provide community service employment to clients when they
successfully complete their individualized plans but no jobs are
available for employment;
(7) sanction those clients who refuse to comply with their
individualized plans in the following manner:
(a) Upon the client's initial refusal to comply with the plan, a
thirty-day conciliation period will be granted to the client to reconsider.
During this thirty-day period, the recipient will have the right to appeal
the department's decision to impose sanctions. After the thirty-day
conciliation period all AFDC, food stamps, and Medicaid benefits will
be terminated and will not be reinstated until the client agrees to comply
with the individualized plan.
(b) If the client refuses to comply with the plan a second time,
all benefits will be terminated for at least three months. If during this
three-month penalty phase, the client agrees to comply, training,
educational, or other services as outlined in the plan may be provided to
the client but the client is ineligible for benefits.
(c) If the client refuses to comply with the plan the third time,
all benefits will be terminated for at least six months. If during this
six-month penalty phase, the client agrees to comply, training,
educational, or other services as outlined in the plan may be provided to
the client but the client is ineligible for benefits.
(d) If the client refuses to comply with the plan a fourth time,
all benefits will be terminated with no possibility for client reinstatement
of public assistance.
SECTION 2. The Department of Social Services shall seek federal
funds for a demonstration project in Charleston, Berkeley, Dorchester,
and Barnwell Counties using the concept of entrepreneurial development
to create jobs and provide incentives for AFDC clients in their efforts to
attain self-sufficiency and independence. The project should create jobs
in identified markets for AFDC clients, provide clients with job skills
and opportunities to develop expertise in operating businesses, and allow
clients to accrue savings, buy stock in a business or, over a period of
time, purchase a business. In carrying out this pilot the department
should work in conjunction with public, community, and private sector
entities including businesses, banks, and other institutions to develop
strategies that provide training, technical assistance, planning and
research to AFDC clients in their efforts to own their own businesses.
SECTION 3. The Department of Social Services and the Department
of Commerce shall develop a demonstration project in Charleston,
Berkeley, Dorchester, and Barnwell Counties that offers incentive
packages to industries in an effort to obtain employment for AFDC
clients. The industries identified for the pilot should include
manufacturing industries that employ large numbers of people with
minimum skills, industries that are willing to hire and train workers with
little or no skills, and industries that agree to employ AFDC-trained
workers. The demonstration should offer, at a minimum, some
combination of the following incentives:
(1) limitations on corporate liability for day care services as an
incentive to encourage more on site programs, provision of vouchers for
use by welfare clients at licensed or registered day care centers, and
expansion of public operated day care centers to accommodate AFDC
recipients;
(2) welfare payments as salary supplements for AFDC employees
for a limited but sufficient time for the employee to acquire insurance
coverage under the new employer and to complete any probationary
period established by the employer;
(3) transportation to the work site for new employees and AFDC
recipients or other assistance such as vouchers or tax credits for
co-workers who provide transportation to these employees.
SECTION 4. To assist AFDC families in these pilot project counties
to more gradually ease from the welfare system and thereby attain a
more stable level of self-sufficiency and reduce the recidivism rate of
families returning to welfare, the Department of Social Services shall
apply to the federal government for a waiver allowing the department to
revise its income requirements for families on AFDC. Under this waiver
the department would disregard fifty percent of a family's total gross
income until the remaining fifty percent exceeded the amount of income
allowed to be eligible for AFDC, rather than the current disregard of
thirty-three-and-one-third percent for only four months.
SECTION 5. To assist AFDC families in the pilot project counties to
gain financial independence and to develop economic stability through
acquiring assets, the Department of Social Services shall apply to the
federal government for a waiver to increase the amount of assets a
family may have from one thousand to three thousand dollars and to
remove the one thousand five hundred dollars equity value on a car so
as to allow a family to have one vehicle without regard to value.
Part IV
Parental Responsibility
SECTION 1. In order to strengthen and support AFDC families,
promote self-sufficiency, and provide children with the benefits of a
two-parent household, the Department of Social Services shall apply to
the federal government for a waiver to eliminate the "parental
deprivation rule" which deems a family ineligible for AFDC
benefits, regardless of the family's income, if both parents live in the
home and neither is disabled. Those parents in an AFDC family who are
unemployed or underemployed shall participate in the Department of
Social Services Work Support Program.
SECTION 2. Notwithstanding any other provision of law, if a court
order for child support is in effect an unemployed or underemployed
noncustodial parent shall participate in the Department of Social
Services Work Support Program.
SECTION 3. As a vital strategy in the effort to break the culture of
dependency and deter young women from perpetuating the role of
welfare in their lives, the Department of Social Services shall expand its
Teen Companion program, a Medicaid funded project in which
professional staff and AFDC mothers counsel at risk youth about the
problems associated with teen pregnancy and the difficulties of teenage
parenthood. The department shall also develop measurable goals to use
in monitoring and evaluating this program.
SECTION 4. In an effort to provide comprehensive assistance to
AFDC clients that leads to self-sufficiency, the Department of Social
Services Work Support Program should include classes on parenting
skills and daily living skills including, but not limited to, money
management and budgeting, managing a household, marriage and family
relationships, stress management and coping skills.
SECTION 5. In order to encourage responsible family planning and
enable AFDC clients to limit family size, one of the most crucial
elements to escaping poverty, greater access to family planning
counseling and to a broad range of family planning methods must be
available. To meet this need the Department of Health and
Environmental Control should continue its efforts to obtain additional
outreach workers, social workers, and health educators and should
vigorously pursue its federal waiver extending Medicaid family planning
service eligibility up to twenty-four months after childbirth. Funding for
these programs should be phased in over a five-year period.
SECTION 6. To further strengthen the family unit and promote
responsible parenting, the concept of family planning must be expanded
beyond methods of contraception to include more education about
reproductive health, abstinence, pregnancy spacing, sexually transmitted
diseases with an emphasis on AIDS education, and the responsibility of
males for pregnancy avoidance and postponement. The Department of
Health and Environmental Control shall define a set of clinical,
educational, and method oriented family planning services for males and
females. The department shall assist and encourage state agencies and
private sector health care professionals to provide this expanded
information to their clients and shall promote a coordinated
public-private effort to address this issue.
SECTION 7. (A) Notwithstanding any other provision of law, no
family may receive Aid to Families with Dependent Children for more
than thirty-six months unless the head of the household is:
(1) permanently or totally disabled, whether physical or mental;
(2) unable to obtain employment in the private sector because no
job for which the person is qualified is available but the person is
working forty hours per week in a volunteer public sector community
placement;
(3) providing full time care to a disabled dependent in the home;
or
(4) unemployed because Work Support program services
including, but not limited to, transportation or child care are not
available to assist the person in becoming self-sufficient.
Evidence of the exceptions to the thirty-six month benefit limit as
enumerated in this subsection must be provided to the department in the
manner and form as the department may require.
(B) The Department of Social Services shall apply for a waiver to
implement the provisions of subsection (A).
(C) Using funds currently appropriated in the 1994-95 General
Appropriations Act for the Department of Social Services JOBS
Program, the Department shall contract with the State Budget and
Control Board to conduct a study to determine the savings in state funds
that will be realized by limiting Aid to Families with Dependent
Children benefits to thirty-six months, as provided for in subsection A,
and shall report to the House Ways and Means Committee and the
Senate Finance Committee on or before June 30, 1995, and any savings
realized from this limitation must be appropriated to the department to
expand and enhance its JOBS Program.
(D) This section takes effect July 1, 1994, and applies to families
who apply for Aid to Families with Dependent Children benefits after
June 30, 1994, and upon recertification to families receiving or who
have been determined eligible to receive Aid to Families with
Dependent Children as of July 1, 1994.
SECTION 8. (A) Notwithstanding any other provision of law, no
family may receive Aid to Families with Dependent Children for more
than thirty-six months unless the head of the household is:
(1) permanently or totally disabled, whether physical or mental;
(2) unable to obtain employment in the private sector because no
job for which the person is qualified is available but the person is
working forty hours per week in a volunteer public sector community
placement;
(3) providing full time care to a disabled dependent in the home;
or
(4) unemployed because work support program services.
Evidence of the exceptions to the thirty-six month benefit limit as
enumerated in this subsection must be provided to the department in the
manner and form as the department may require.
(B) The Department of Social Services shall apply for a waiver to
implement the provisions of subsection (A).
(C) Using funds currently appropriated in the 1994-95 General
Appropriations Act for the Department of Social Services JOBS
Program, the Department shall contract with the State Budget and
Control Board to conduct a study to determine the savings in state funds
that will be realized by limiting Aid to Families with Dependent
Children benefits to thirty-six months, as provided for in subsection A,
and shall report to the House Ways and Means Committee and the
Senate Finance Committee on or before June 30, 1995, and any savings
realized from this limitation must be appropriated to the department to
expand and enhance its JOBS Program.
(D) This section takes effect July 1, 1994, and applies to all
individual families who are receiving or who apply for Aid to Families
with Dependent Children benefits after June 30, 1994, and upon
recertification to families receiving or who have been determined
eligible to receive Aid to Families with Dependent Children as of July
1, 1994.
PART V
Time Effective
SECTION 3. This joint resolution takes effect upon approval by the
Governor.
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