BILL REQ. #:  H-5107.1 

READ FIRST TIME 02/09/10.   

     AN ACT Relating to redesigning the delivery of temporary assistance for needy families; amending RCW 74.08A.285 and 74.08A.320; adding new sections to chapter 74.08A RCW; adding a new section to chapter 43.215 RCW; creating a new section; and repealing RCW 74.08A.200.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 74.08A RCW to read as follows:
     (1) The legislature finds that promoting meaningful change in the lives of needy families requires a thoughtful and creative approach to matching available resources with families' needs and developing a comprehensive plan to assist the family in attaining lasting self-sufficiency.
     (2) The legislature further finds that policies to encourage the completion of appropriate educational and training programs result in more parents obtaining employment in living wage jobs, and more families becoming economically self-sufficient so that they may leave public financial assistance programs permanently.
     (3) The legislature also finds that ample research demonstrates that the completion of at least forty-five college credits, resulting in a credential or certificate, is often critical to obtaining sustainable employment on a career track that will lead to family self-sufficiency.
     (4) Research also demonstrates that without adequate levels of education or training, job search activities alone have no measurable impact on a family's ability to become and remain economically self-sufficient.
     (5) The legislature also finds that while many families have been successful in permanently leaving the program of temporary assistance for needy families, statistics indicate that families continue to return to the program in the absence of adequate education and training.
     (6) The legislature also finds that the primary purposes of the temporary assistance for needy families program are: (a) To assist parents to prepare for and obtain sustainable employment that will lift the family out of poverty and lead to economic self-sufficiency; and (b) to provide basic income assistance and support to parents who are disabled or otherwise exempt from work activity requirements under federal law.
     (7) The legislature recognizes that federal law exempts certain parents from training or work requirements due to a disability, including caring for a disabled child. The legislature intends that these parents and children also will be supported with appropriate services.
     (8) In order to provide work opportunities for parents with significant barriers to employment, the legislature intends to build upon the successes of the community jobs program and to provide subsidized employment opportunities to parents who are unable to find employment after earnest efforts at job search or education and training activities.
     (9) The legislature recognizes the vital importance of early childhood development and the significant developmental risks presented for children living in low-income households, particularly during critical developmental stages. Therefore, the legislature intends to reform components of Washington's subsidized childcare program by redesigning the eligibility determination process to promote: (a) Stability for children and (b) predictability for parents who are either working or preparing and searching for work and the childcare providers who are serving low-income families.
     (10) The legislature intends, through the implementation of this act, to: (a) Infuse new energy into efforts to assist families in poverty through offering appropriate education and training opportunities that will prepare parents for sustainable employment leading to economic self-sufficiency for families and (b) help alleviate the effects of poverty on Washington's children, particularly those experiencing significant poverty during critical stages of their development.

NEW SECTION.  Sec. 2   A new section is added to chapter 43.215 RCW to read as follows:
     (1) The department shall establish and implement policies in the working connections child care program to promote stability and quality of care for children from low-income households. Policies for the expenditure of funds constituting the working connections child care program must be consistent with the outcome measures defined in RCW 74.08A.410 and the standards established in this section intended to promote continuity of care for children.
     (2) Beginning in fiscal year 2011, for families with children enrolled in an early childhood education and assistance program, a head start program, or an early head start program, authorizations for the working connections child care subsidy shall be effective for twelve months unless a change in circumstances necessitates reauthorization sooner than twelve months.
     (3) The department, in consultation with the department of social and health services, shall report to the legislature by January 10, 2011, with:
     (a) An analysis of the impact of the twelve-month authorization period on the stability of child care, program costs, and administrative savings; and
     (b) Recommendations for expanding the application of the twelve-month authorization period to additional populations of children in care.

NEW SECTION.  Sec. 3   A new section is added to chapter 74.08A RCW to read as follows:
     The Washington WorkFirst subcabinet, in consultation with the governor, shall:
     (1) Reevaluate the structure and policies of the WorkFirst program in the context of legislative intent expressed in section 1 of this act, and in consideration of the relevant research relating to family economic self-sufficiency and the completion of training and education programs shown to be correlated with increased earnings and career growth;
     (2) Develop a proposal for redesigning the state's use of temporary assistance for needy families funds in a manner that makes optimum use of all funds available in the state to promote more families moving out of poverty to sustainable self-sufficiency; and
     (3) Report the proposal to the appropriate committees of the legislature by December 1, 2010. The proposal must include the following elements:
     (a) A process for conducting a reassessment for persons who have been unable to achieve sustainable self-sufficiency through employment after receiving WorkFirst assistance for fifty-four months. The reassessment must be designed to determine if referral to community jobs or other services, including education and training opportunities, is appropriate or necessary to assist the person in attaining self-sufficiency for the family;
     (b) A plan for referring persons who have been unsuccessful in finding sustainable employment to the community jobs program or other wage-subsidized employment program established under RCW 74.08A.320. Referrals should complement other activities that might be identified in a reassessment under (a) of this subsection; and
     (c) A schedule for the development and implementation of three pathways to family self-sufficiency that will guide case management and engage parents early in developing a comprehensive plan to achieve self-sufficiency while addressing families' current basic needs. The pathways must address appropriate referrals for:
     (i) Persons who have: (A) Marketable job skills, adequate education, or experience and attachment to the job force, (B) transportation, (C) safe child care arrangements in place, and (D) no unaddressed barriers to employment;
     (ii) Persons who have: (A) Few or no marketable job skills, (B) little experience or attachment to the job force, (C) no high school diploma or equivalent, or (D) a need to complete adult basic education or other activities to remove barriers to employment; and
     (iii) Persons who are: (A) Incapacitated and unemployable, (B) caring for a child with a disability, or (C) the primary caregiver for a family member with a disability.

Sec. 4   RCW 74.08A.285 and 2003 c 383 s 3 are each amended to read as follows:
     The WorkFirst program operated by the department to meet the federal work requirements specified in P.L. 104-193 shall contain a job search component. The component shall consist of instruction on how to secure a job and assisted job search activities to locate and retain employment. Nonexempt recipients of temporary assistance for needy families shall participate in an initial job search for no more than twelve consecutive weeks, when appropriate, given the recipient's marketable job skills, attachment to the labor force, and level of education or training. Each recipient shall receive a work skills assessment upon referral to the job search program. The work skills assessment shall include but not be limited to education, employment history, employment strengths, and job skills. The recipient's ability to obtain employment will be reviewed periodically thereafter and, if it is clear at any time that further participation in a job search will not be productive, the department shall assess the recipient pursuant to RCW 74.08A.260. The department shall refer recipients unable to find employment through the initial job search period to ((work)) activities that will develop their skills or knowledge to make them more employable, including additional job search and job readiness assistance.

Sec. 5   RCW 74.08A.320 and 1997 c 58 s 325 are each amended to read as follows:
     The department shall establish a wage subsidy program to be known as the community jobs program for recipients of temporary assistance for needy families who have barriers to employment, lack experience and attachment to the job force, or have been unsuccessful in securing employment leading to family self-sufficiency. The department shall give preference in job placements to private sector employers that have agreed to participate in the wage subsidy program. The department shall identify characteristics of employers who can meet the employment goals stated in RCW 74.08A.410. The department shall use these characteristics in identifying which employers may participate in the program. The department shall adopt rules for the participation of recipients of temporary assistance for needy families in the wage subsidy program. Participants in the program established under this section may not be employed if: (1) The employer has terminated the employment of any current employee or otherwise caused an involuntary reduction of its workforce in order to fill the vacancy so created with the participant; or (2) the participant displaces or partially displaces current employees. Employers providing positions created under this section shall meet the requirements of chapter 49.46 RCW. This section shall not diminish or result in the infringement of obligations or rights under chapters 41.06, 41.56, and 49.36 RCW and the national labor relations act, 29 U.S.C. Ch. 7. The department shall establish such local and statewide advisory boards, including business and labor representatives, as it deems appropriate to assist in the implementation of the wage subsidy program. Once the recipient is hired, the wage subsidy shall be authorized for up to nine months.

NEW SECTION.  Sec. 6   RCW 74.08A.200 (Intent -- Washington WorkFirst) and 1997 c 58 s 301 are each repealed.

NEW SECTION.  Sec. 7   It is the intent of the legislature that this act be implemented within existing resources. No additional appropriations will be provided for its implementation.