34 35, 36 37 38 Councilmember Brianne K. Nadeau _AN N= ilmember Brandon T. Toi Zum Councilmember Anita Bonds ABILL IN THE DISTRICT OF COLUMBIA. To amend the District of Columbia Public Assistance Act of 1982 to expand Temporary Assistance for Needy Families exemptions; continue benefits to children in a household beyond the 60 month time limit; require planning for a family to transition to employment to begin no-later than 12 months prior to the 60 month time limit; require that families be screened to determine whether a family qualifies for an extension no later than 3 months prior to the 60 month time limit; require education of recipients about the time-limit policy and all exemptions and extension throughout the process. BE IT ENACTED BY THE DISTRICT OF COLUMBIA, That this act may be cited as the “District of Columbia Public Assistance Amendment Act of 2015”. Sec. 2. The District of Columbia Public Assistance Act of 1982, effective April 6, 1982 (D.C. Law 4-101; D.C. Official Code § 4-201.01 et seq.), is amended as follows: (a) Section 51 1b (D.C. Official Code § 4-205.11b) is amended as follow: (1) Subsection (a) is amended to read as follows: “(a) A needy parent or caretaker who has received federally funded or locally funded TANF benefits for more than 60 months, whether or not consecutive, and who is eligible for a39 40 41 42 43 44 4s, 46 47 49 50 SL 52 53 54 55. 56 37 58 59 hardship exemption or extension, as defined in subsection (b) or (d-1), shall receive his or her maximum benefit in accordance with sections 205(4) and 552(d).”. (2) A new subsection (a-1) is added: “(a-1)When the adult parent or caretaker is no longer eligible to receive federally or locally funded TANF benefits because they have received benefits for 60 months, whether or not consecutive, and is not eligible for a hardship exemption o extension, as defined in subsection (b) or (4-1), benefits shall continue to all eligible children in the household.” (3) Subsection (b) is amended to read as follows: “(b) In determining the number of months that an individual has received TANF benefits, the District shall not count any month that the individual: “(1) Is a minor who is not the head of household; and “(A) Not the head of an assistance unit; or ““(B) Not married to the head of an assistance unit; “(2) Is the parent of a minor child; and “(A) Is needed in the home, due to medical necessity, to care for a household member who is physically or mentally incapacitated as described in § 4-205.72(c); “@) Is a single custodial parent or caretaker with a child under 6 months old; provided, that the period not counted shall not be for more than 12 month: “(4) Is the parent of a minor child; and “(A) Has been determined by the Department to be a victim of domestic violence who is receiving relevant support counseling or services; and60 61 62 63 65 66 o7 68 69 70 nm n B 74 75 76 7 78 79 80 81 82 “(B) Has received a domestic violence assessment by the Mayor or the Mayor's designee that resulted in a recommendation that the work requirement or child support cooperation be waived; “(5) Is a pregnant or parenting teen who: ““(A) Has been certified by the Department as being exempt from the home living requirements under § 4-205.63(b); “(B) Is enrolled in high school or a General Education Equivalency Degree program; “(© Meets her or his work requirements in compliance with her or his ‘TANF Individual Responsibility Plan; and “(D) Is less than 19 years old; “(© [Repealed] “(7) Is a parent or caretaker who is 60 years of age or older; or (8) Is the head of an assistance unit who is meeting the full requirements of his or her Individual Responsibility Plan and can show that he or she is enrolled at an accredited postsecondary education program or a Department of Employment Services approved job training program in which he or she is working towards the attainment of a degree, certificate, or official credential.”. (4) A new subsection (d-1) is added to read as follows: “(d-1) An individual shall be eligible for a hardship extension if the TANF recipient has received TANF benefits for 60 months, whether or not consecutive, and, by determination of the Mayor, is otherwise eligible for TANF benefits in the District, and if one or more of the following criteria apply:83 8a 85, 86 87 88. 89 30 o1 92 93 94 95, 96 97 98 99 100 101 102 103 104 105 “(1) The individual qualifies for one of the exemptions listed in subsection (b); “(2) The individual is complying with their Individual Responsibility Plan, meaning the TANF recipient is not currently sanctioned pursuant to § 4-205.19e or § 4-205.19f; “(3) The individual has insufficient employment opportunities because the unemployment rate for residents without a high school diploma in the District of Columbia is 7% or higher; : “(4) The individual has a significant barrier to employment including, but not limited to one ot more of the following: “(A) Low literacy, defined as reading below the 8" grade level “(B) Low achievement ability or a learning disability that prevents the individual from obtaining or retaining employment; “(©) A physical or mental impairment or impairments of such severity that the problem prevents the individual from obtaining or retaining employment even if the individual is not found to qualify for Social Security Disability Insurance or Social Security Insurance benefits; or “(D) Any other ignificant barriers to employment identified by the Mayor; “(5) The individual and family is at risk of hardship if the time limit is imposed, in one or more of the following ways: “(A) The individual is homeless or, without continued TANF benefits, is at imminent risk of becoming homeless, as defined in § 4-751.01; “(B) The child is at risk of entering the foster care system; or “(© Any other significant hardships as determined by the Mayor; or106 107 108 109 110 11 112 113 ang 1s 116 a7 118 119 120 aaa 122 123 124 125 126 “(6) The individual is experiencing any other condition deemed eligible by the Mayor.”. (5) Subsection (c) is repeated (6) A new subsection (e-1) is added to read as follows: “(¢-1) No earlier than 15 months and no leter than 12 months before the needy parent or caretaker reaches the 60 month time limit, the Mayor shall convene a team meeting to review and update the Individual Responsibility Plan, assist the TANF recipient with accessing support and services for addressing barriers to employment, if any, determine whether the needy parent or caretaker is eligible for an exemption or extension, pursuant to subsections (b) or (d-1), and support the recipient as they transition to employment. (7) Now subsections (g) through (j) are added to read as follows: “(g) No later than three (3) months before the needy parent or caretaker reaches the 60 month time limit, the Mayor shall reconvene the team meeting to review and make any changes to decisions made pursuant to subsection (e-1) and screen the TANF recipient to determine whether he or she qualifies for an exemption or extension, pursuant to subsection (b) or @-1). “(h) Ifa needy parent or caretaker has reached the 60 month time limit on October 1, 2017, but has not yet been assessed pursuant to subsections (e-1) or (g), the needy parent or caretaker shall receive an extension until such time that the Mayor completes these required assessments, “(i) The Mayor shall promulgate rules to carry out this section. “@) For purposes of this section:127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 “(1) An exemption stops the 60 month time limit clock from running on a needy parent or caretaker based on a particular circumstance or circumstances, as defined in subsection (b). “(2) An extension is applied to a nzedy parent or caretaker when he or she has, reached the 60 month time limit but, at that time, he or she is experiencing a particular circumstance or circumstances, as defined in subsection (4-1). “(A) Extensions defined in subsection (d-1) shall be for no less than six (6) months and shall be renewed if the extension criteria continues to apply. “(B) The Mayor may identify extension categories that shall be for at least twelve (12) months, or longer, if appropriate. These identified extensions shall be renewed if the extension criteria continues to apply “(3) “Team Mecting” means a Department-convened meeting consisting of the TANF recipient, TANF caseworker, social worker, any involved primary service provider, employment counselor, if applicable, and any other identified individual.”. (b) Section 5194 (D.C. Official Code § 4-205.19a) is amended by adding a new subsection (b-1) to read as follows: “(b-1) As part of the redetermination of eligibility, the Mayor shall provide each TANF recipient with information about the 60 month time limit and all possible exemption and extension categories listed in § 4-205.11b(b) and § 4-205.11b(d-1), screen each TANF recipient for exemption or extension eligibility pursuant to § 4-205.11b(b) and § 4-205.11b(d-1), and give each TANF recipient an individualized accounting of the number of months the recipient has previously received TANF and POWER benefits, if applicable.”. (c) Section 519b (D.C. Official Code § 4-205.19b) is amended as follows:150 151 152 153 154 155 156 187 158 159 160 161 162 163 164 165 166 167 168 169 170 a 172 (1) A new sentence is added to tke end of subsection (a)(1), which is amended to Tead: “@)(1) Using a standard process and mechanism, the Mayor shall make a detailed assessment of the skills, prior work experience, employability, and barriers to employment, including domestic violence, mental health, and substance abuse (“assessment”) of each TANF recipient. At the time of this assessment, the Mayor shall provide each TANF recipient with information about the 60 month time limit and all possible exemption and extension categories listed in § 4-205.11b(b) and § 4-205.11b(d-1), screen each TANF recipient for exemption or extension eligibility pursuant to, § 4-205.11b(b) and § 4-205.11b(d-1), and give each TANF recipient an individualized accounting of the number of months the recipient has previously received TANF and POWER benefits, if applica%te.”. (@ Section 519d (D.C. Official Code § 4-205.194) is amended by adding a new subsection (d)(1) to read as follows: “(d)(1) When the Mayor reviews or revises a TANF recipient's individual responsibility plan, the Mayor shall provide each TANF recipient with information about the 60 month time limit and all possible exemption and extension categories listed in § 4-205.11b(b) and § 4- 205.11b(d-1), screen each TANF recipient for exemption or extension eligibility pursuant to § 4- 205.L1b(b) and § 4-205.11b(d-1), and give each TANF recipient an individualized accounting of the number of months the TANF recipient has previously received TANF and POWER benefits, if applicable.” Sec. 3. Fiscal impact statement. ‘The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act,173 174 17s 176 7 178 179 180 approved by section 602(c)(3) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(3)). Sec. 4. Effective date. This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the vetc), a 30-day period of congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of Columbia Register.