BP BHEAD INT H

AN ACT Relating to services for public assistance recipients; amending RCW 74.25.020 and 74.12.420; adding new sections to chapter 74.25 RCW; creating a new section; providing an effective date; and declaring an emergency.

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

NEW SECTION. Sec. 1. A new section is added to chapter 74.25 RCW to read as follows:

TRANSITIONAL SERVICES TO LONG-TERM RECIPIENTS. To prepare long-term recipients to increase their earnings, the department of social and health services shall offer a recipient the services of the job opportunities and basic skills program at least one year prior to applying the benefit reduction under RCW 74.12.420. The department of social and health services shall develop a realistic schedule for the phase-in of client participation in the job opportunities and basic skills program based on the availability of state and federal funding.

Sec. 2. RCW 74.25.020 and 1993 c 312 s 7 are each amended to read as follows:

JOBS--DEPARTMENT AUTHORIZATION. (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, job search, and other job opportunities and basic skills 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.

~~(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~~)) three years((~~, and the employment would require the individual to work 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)~~)) (3) 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. 3. A new section is added to chapter 74.25 RCW to read as follows:

TARGETING OF JOBS SERVICES. Prior to a comprehensive and individualized assessment, the first phase of job opportunities and basic skills program services shall be provided to participants based on level of educational attainment. Participants who have not completed a high school degree or its equivalent shall be given the choice between participating in a secondary education component or job search. If the participant chooses job search and fails to find a job, the individual shall enter a secondary education program. Participants who have completed a high school degree or its equivalent shall participate in job search. If the initial activities do not result in employment, an individualized assessment may be used to develop an employability plan describing a second phase of job opportunities and basic skills program services, which may include additional job search, skills training, or work experience.

NEW SECTION. Sec. 4. A new section is added to chapter 74.25 RCW to read as follows:

JOBS PARTICIPANTS TO TAKE ANY JOB OFFERED. Participants in the job opportunities and basic skills program shall take any job offered unless there is good cause to refuse to accept a job. Good cause shall be found pursuant to RCW 74.25.020(2).

Sec. 5. RCW 74.12.420 and 1994 c 299 s 9 are each amended to read as follows:

LENGTH OF STAY BENEFIT REDUCTION. The legislature recognizes that long-term recipients of aid to families with dependent children may require a period of several years to attain economic self-sufficiency. To provide incentives for long-term recipients to leave public assistance and accept paid employment, the legislature finds that less punitive and onerous sanctions than those required by ((~~the federal government~~)) other states are appropriate. The legislature finds that a ten percent reduction in grants for long-term recipients that may be replaced through earned income is a more positive approach than sanctions ((~~required by the federal government for long-term~~)) for recipients who fail to comply with requirements of the job opportunities and basic skills program. A long-term recipient shall not be subject to two simultaneous sanctions for failure to comply with the participation requirements of the job opportunities and basic skills program and for exceeding the length of stay provisions of this section.

(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 household who is incapacitated;

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

(d) The person is ((~~cooperating in the development and implementation of an employability plan~~)) actively participating in the job opportunities and basic skills program while receiving aid to families with dependent children and no present full-time, part-time, or unpaid work experience job is offered; ((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; or

(f) The person was not offered services by the job opportunities and basic skills program at least twelve months prior to the benefit reduction.

(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.

(3) A recipient's length of stay shall be determined based on actual months of receipt of public assistance, including months of receipt of public assistance prior to the effective date of this section. Benefits shall not be reduced under this section before July 1, 1996.

NEW SECTION. Sec. 6. CAPTIONS. Captions used in this act do not constitute part of the law.

NEW SECTION. Sec. 7. SEVERABILITY CLAUSE. 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. 8. EFFECTIVE DATE. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1995.