2798-S2

AN ACT Relating to public assistance reform; amending RCW 74.25.010 and 74.25.020; adding new sections to chapter 74.12 RCW; adding new sections to chapter 74.25 RCW; adding a new section to chapter 74.20A RCW; creating new sections; repealing RCW 74.12.360; and providing effective dates.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds that lengthy stays on welfare, the inadequate emphasis on employment by the social welfare system, and teen pregnancy are obstacles to achieving economic independence. Therefore, the legislature intends that:

(1) Income and employment assistance programs emphasize the temporary nature of welfare and set goals of responsibility, work, and independence;

(2) Employment assistance resources focus on recipients who are most at risk of a long-term stay on welfare;

(3) State institutions take an active role in preventing pregnancy in young teens; and

(4) Family planning assistance be readily available to welfare recipients.

PART I. EMPHASIZING WORK AND FAMILY PLANNING IN PUBLIC ASSISTANCE

NEW SECTION. Sec. 2. A new section is added to chapter 74.12 RCW to read as follows:

The department shall train financial services and social work staff who provide direct service to recipients of aid to families with dependent children to:

(1) Effectively communicate the transitional nature of aid to families with dependent children and the expectation that recipients will enter employment;

(2) Actively refer clients to the job opportunities and basic skills program;

(3) Provide social services needed to overcome obstacles to employability; and

(4) Provide family planning information and assistance, including alternatives to abortion, which shall be conducted in consultation with the department of health.

NEW SECTION. Sec. 3. A new section is added to chapter 74.12 RCW to read as follows:

At time of application or reassessment under this chapter the department shall offer or contract for family planning information and assistance, including alternatives to abortion, to prospective and current recipients of aid to families with dependent children.

PART II. TEEN PREGNANCY PREVENTION

NEW SECTION. Sec. 4. For the 1994-95 school year, the office of the superintendent of public instruction shall administer a program that provides grants to school districts for media campaigns promoting sexual abstinence and addressing the importance of delaying sexual activity, pregnancy, and childbearing until individuals are ready to nurture and support their children. The messages shall be distributed in the school and community where produced. Grants to the school districts shall be for projects that are substantially designed and produced by students. The grants shall require a local private sector match equal to the state grant, which may include in-kind contribution of technical or other assistance from consultants or firms involved in public relations, advertising, broadcasting, and graphics or video production or other related fields. For purposes of evaluating the impact of the campaigns, applicants shall estimate student pregnancy and birth rates over the prior three to five years.

PART III. REFOCUSING JOBS

Sec. 5. RCW 74.25.010 and 1991 c 126 s 5 are each amended to read as follows:

The legislature establishes as state policy the goal of economic self-sufficiency for employable recipients of public assistance, through employment, training, and education. In furtherance of this policy, the legislature intends to comply with the requirements of the federal social security act, as amended, by creating a job opportunities and basic skills training program for applicants and recipients of aid to families with dependent children. The purpose of this program is to provide recipients of aid to families with dependent children the opportunity to obtain a full range of necessary education, training, skills, and supportive services, including child care, consistent with their needs, that will help them enter or reenter gainful employment, thereby avoiding long-term welfare dependence and achieving economic self-sufficiency. The program shall be operated by the department of social and health services in conformance with federal law and consistent with the following legislative findings:

(1) The legislature finds that the well-being of children depends not only on meeting their material needs, but also on the ability of parents to become economically self-sufficient. The job opportunities and basic skills training program is specifically directed at increasing the labor force participation and household earnings of aid to families with dependent children recipients, through the removal of barriers preventing them from achieving self-sufficiency. These barriers include, but are not limited to, the lack of recent work experience, supportive services such as affordable and reliable child care, adequate transportation, appropriate counseling, and necessary job-related tools, equipment, books, clothing, and supplies, the absence of basic literacy skills, the lack of educational attainment sufficient to meet labor market demands for career employees, and the nonavailability of useful labor market assessments.

(2) The legislature also recognizes that aid to families with dependent children recipients must be acknowledged as active participants in self-sufficiency planning under the program. The legislature finds that the department of social and health services should communicate concepts of the importance of work and how performance and effort directly affect future career and educational opportunities and economic well-being, as well as personal empowerment, self-motivation, and self-esteem to program participants. The legislature further recognizes that informed choice is consistent with individual responsibility, and that parents should be given a range of options for available child care while participating in the program.

(3) The legislature finds that current work experience is one of the most important factors influencing an individual's ability to work toward financial stability and an adequate standard of living in the long term, and that work experience should be the most important component of the program.

(4) The legislature finds that education, including, but not limited to, literacy, high school equivalency, vocational, secondary, and postsecondary, is one of the most important tools an individual needs to achieve full independence, and that this should be an important component of the program.

((~~(4)~~)) (5) The legislature further finds that the objectives of this program are to assure that aid to families with dependent children recipients gain experience in the labor force and thereby enhance their long-term ability to achieve financial stability and an adequate standard of living at wages that will meet family needs.

Sec. 6. RCW 74.25.020 and 1993 c 312 s 7 are each amended to read as follows:

(1) The department of social and health services is authorized to contract with public and private employment and training agencies and other public service entities to provide services prescribed or allowed under the federal social security act, as amended, to carry out the purposes of the jobs training program. In contracting for job placement services, the department is encouraged to structure payments to the contractor on a performance basis. The department of social and health services has sole authority and responsibility to carry out the job opportunities and basic skills training program. No contracting entity shall have the authority to review, change, or disapprove any administrative decision, or otherwise substitute its judgment for that of the department of social and health services as to the application of policies and rules adopted by the department of social and health services.

(2) To the extent feasible under federal law, the department of social and health services and all entities contracting with it shall ((~~give first priority of service to individuals volunteering for program participation~~)) require nonexempt recipients who are parents under age twenty and nonexempt recipients who have received aid to families with dependent children for thirty-six of the preceding sixty months to actively participate in the job opportunities and basic skills training program. Social services shall be offered to participants in accordance with federal law. The department shall adopt appropriate sanctions to ensure compliance with the requirements and policies of this chapter.

(3) The department of social and health services shall adopt rules under chapter 34.05 RCW establishing criteria constituting circumstances of good cause for an individual failing or refusing to participate in an assigned program component, or failing or refusing to accept or retain employment. These criteria shall include, but not be limited to, the following circumstances: (a) If the individual is a parent or other relative personally providing care for a child under age ((~~six~~)) one year((s)), and the employment or program component would require the individual to work or participate more than twenty hours per week; (b) if child care, or day care for an incapacitated individual living in the same home as a dependent child, is necessary for an individual to participate or continue participation in the program or accept employment, and such care is not available, and the department of social and health services fails to provide such care; (c) the employment would result in the family of the participant experiencing a net loss of cash income; or (d) circumstances that are beyond the control of the individual's household, either on a short-term or on an ongoing basis.

(4) The department of social and health services shall adopt rules under chapter 34.05 RCW as necessary to effectuate the intent and purpose of this chapter.

NEW SECTION. Sec. 7. A new section is added to chapter 74.25 RCW to read as follows:

The assessments and employability plan shall identify and primarily respond to a participant's job readiness. The job opportunities and basic skills training program components specified by the employability plan shall place a high priority on participants gaining work experience and participants will normally be expected to take any job offered unless there is good cause to refuse to accept a job. Good cause shall be found if any of the conditions described in RCW 74.25.020(3) are met, or if accepting a job would result in a participant having to discontinue an education or job training program that is part of the participant's employability plan prior to completion of such education or job training program.

The department of social and health services shall track the experience of those recipients who accept any job offered as part of their job opportunities and basic skills program participation. In tracking such recipients, the department shall determine the wages and hours of the job taken, whether earnings resulted in ineligibility for aid to families with dependent children, whether the recipient returns to the aid to families with dependent children program, and, for recipients who do return to the aid to families with dependent children, the wages and hours of subsequent jobs taken.

Hours of unsubsidized employment shall count towards participation requirements independent of date of hire or concurrent participation in other components of the job opportunities and basic skills program. The services specified in the employability plan will be targeted as follows:

(1) Participants under age twenty may be required to complete high school or other basic skills training;

(2) Participants who do not have recent work experience shall be required to participate in paid or unpaid work experience or activities leading directly to such experience, including job search, job readiness, and job skills training;

(3) Participants who have recent work experience and more than a high school diploma shall be required to participate in job search; and

(4) Vocational education programs shall be emphasized over postsecondary education programs.

NEW SECTION. Sec. 8. A new section is added to chapter 74.25 RCW to read as follows:

Recipients of aid to families with dependent children who are not participating in an education or work training program may volunteer to work in a licensed child care facility. Licensed child care facilities participating in this effort shall provide care for the recipient's children and provide for the development of positive child care skills.

NEW SECTION. Sec. 9. A new section is added to chapter 74.25 RCW to read as follows:

The department of social and health services shall actively incorporate job development services into the job opportunities and basic skills program as follows:

(1) Job development services shall be based in the department's community services offices.

(2) Job developers shall be responsible for identifying existing and potential job openings, by developing relationships with existing and potential area employers.

PART IV. ELIGIBILITY AND BENEFIT PAYMENT REVISIONS

NEW SECTION. Sec. 10. A new section is added to chapter 74.12 RCW to read as follows:

(1) An applicant shall be presumed ineligible for aid to families with dependent children if the applicant is under eighteen years of age, unmarried, and is either pregnant or has a dependent child in the applicant's care and the applicant and the applicant's dependent child or children do not live in a place maintained by the applicant's parent, legal guardian, or other adult relative as their own home, or other appropriate supportive living arrangement supervised by an adult.

(2) The department may determine, after consideration of all relevant factors, that application of the presumption established in subsection (1) of this section to an individual applicant is not appropriate.

(3) An applicant under eighteen years of age who is either pregnant or has a dependent child and is not living in a situation described in subsection (1) of this section shall be presumed to be unable to manage adequately the funds paid on behalf of the dependent child and, unless the teenage custodial parent demonstrates otherwise, shall be subject to the protective payee requirements provided for under RCW 74.12.250.

NEW SECTION. Sec. 11. A new section is added to chapter 74.12 RCW to read as follows:

The department shall pay to recipients of aid to families with dependent children who are participating in the job opportunities and basic skills training program a cash grant equal to the combined monthly aid to families with dependent children benefit and monthly food stamp benefit.

NEW SECTION. Sec. 12. A new section is added to chapter 74.12 RCW to read as follows:

(1) After forty-eight monthly benefit payments in a sixty-month period, and after each additional twelve monthly benefit payments, the aid to families with dependent children monthly benefit payment shall be reduced by ten percent of the payment standard, except that after forty-eight monthly payments in a sixty-month period, full monthly benefit payments may be made if:

(a) The person is incapacitated or is needed in the home to care for a member of the assistance unit who is incapacitated;

(b) The person is needed in the home to care for a child who is under two years of age;

(d) The person has cooperated in the development and implementation of an employability plan while receiving aid to families with dependent children and no full-time, part-time, or unpaid work experience job is offered during the period in which an employability plan is in effect; or

(e) During a month in which a grant reduction would be imposed under this section, the person is participating in an unpaid work experience program.

(2) For purposes of determining the amount of the food stamp benefit for recipients subject to benefit reductions provided for in subsection (1) of this section, countable income from the aid to families with dependent children program shall be set at the payment standard.

(3) For purposes of determining monthly benefit payments for two parent aid to families with dependent children households, the length of stay criterion will be applied to the parent with the longer history of public assistance receipt.

NEW SECTION. Sec. 13. A new section is added to chapter 74.12 RCW to read as follows:

For purposes of determining the amount of monthly benefit payment to recipients of aid to families with dependent children who are subject to benefit reductions due to length of stay, all countable nonexempt earned income shall be subtracted from an amount equal to the payment standard.

NEW SECTION. Sec. 14. A new section is added to chapter 74.12 RCW to read as follows:

The department shall amend the state plan to eliminate the one hundred hour work rule for recipients of aid to families with dependent children-employable.

NEW SECTION. Sec. 15. A new section is added to chapter 74.12 RCW to read as follows:

The revisions to the aid to families with dependent children program and job opportunities and basic skills training program shall be implemented by the department of social and health services on a state-wide basis.

PART V. CHILD SUPPORT

NEW SECTION. Sec. 16. The department of social and health services shall make a substantial effort to determine the identity of the noncustodial parent through consistent implementation of RCW 70.58.080. By December 1, 1994, the department of social and health services shall report to the fiscal committees of the legislature on the method for validating claims of good cause for refusing to establish paternity, the methods used in other states, and the national average rate of claims of good cause for refusing to establish paternity compared to the Washington state rate of claims of good cause for refusing to establish paternity, the reasons for differences in the rates, and steps that may be taken to reduce these differences.

NEW SECTION. Sec. 17. A new section is added to chapter 74.20A RCW to read as follows:

(1) In each case within the jurisdiction of the office of support enforcement in which a child support obligation has been established, the secretary shall issue a letter, by mail, to the parent responsible for payment of the support obligation. The letter shall notify the parent that the fact and amount of the child support obligation will be reported to consumer reporting agencies, as defined in RCW 19.182.010, operating in the state of Washington.

(2) Within thirty days following the date that a notice described in subsection (1) of this section is mailed, the secretary shall report the fact and amount of the child support obligation to consumer reporting agencies, as defined in RCW 19.182.010, operating in the state of Washington. Any modification in the amount of a child support obligation for which a report has been made under this section, shall be reported to consumer reporting agencies, as defined in RCW 19.182.010, operating in the state of Washington.

PART VI. MISCELLANEOUS

NEW SECTION. Sec. 18. A new section is added to chapter 74.12 RCW to read as follows:

By October 1, 1994, the department shall request the governor to seek congressional action on any federal legislation that may be necessary to implement any sections of chapter . . ., Laws of 1994 (this act). By October 1, 1994, the department shall request the governor to seek federal agency action on any federal regulation that may require a federal waiver.

NEW SECTION. Sec. 19. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 20. If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state.

NEW SECTION. Sec. 21. RCW 74.12.360 and 1993 c 312 s 10 are each repealed.

NEW SECTION. Sec. 22. Sections 6, 7, and 11 of this act shall take effect July 1, 1995.

NEW SECTION. Sec. 23. Sections 12 and 13 of this act shall take effect July 1, 1996.

NEW SECTION. Sec. 24. Part headings as used in this act constitute no part of the law.