THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY KITCHEN, FONTANA, WILLIAMS, WASHINGTON, BROWNE, M. WHITE, KASUNIC, FERLO AND O'PAKE, JANUARY 20, 2009

REFERRED TO PUBLIC HEALTH AND WELFARE, JANUARY 20, 2009  

AN ACT

Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An

act to consolidate, editorially revise, and codify the public

welfare laws of the Commonwealth," in public assistance,

providing for a training and education program for certain

individuals eligible for public assistance.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Article IV of the act of June 13, 1967 (P.L.31,

No.21), known as the Public Welfare Code, is amended by adding a

subarticle to read:

(n)  Parents Achieving Self-Sufficiency Program

Section 495.  Definitions.

The following words and phrases when used in this subarticle

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Education program."  A two-year or four-year postsecondary

undergraduate education program for which a degree is awarded.

"Educational activity."  Includes, but is not limited to:

(1)  Attendance at a class or activity conducted within

an education program.

(2)  An internship.

(3)  A practicum.

(4)  Student teaching.

(5)  A work-study program.

(6)  A clinical placement.

(7)  Laboratory or field work directly related to the

participant's employment goal.

(8)  Any other work activity that enhances a

participant's employability in the participant's chosen

field.

"Eligible applicant."  An individual who is a needy student, 

has dependent children, is enrolled in an education or job

training program and applies for participation in the Parents

Achieving Self-Sufficiency Program. The term excludes an

individual with a marketable bachelor degree.

"Good cause."  Compelling personal or familial circumstances

as set forth in departmental regulations, which make required

participation impracticable or which would cause a participant

to seriously compromise academic performance. The term includes

circumstances where, considering the participant's abilities and

the demands of the academic program, strict compliance with the

work requirements would compromise academic performance and the

fulfillment of the plan for self-sufficiency.

"Job training."  A training program providing the skills

necessary for a specific vocation or a field of employment.

"Participant."  An eligible applicant who is enrolled in the

Parents Achieving Self-Sufficiency Program.

"Program."  The Parents Achieving Self-Sufficiency Program

established under section 495.1.

"TANF."  The Temporary Assistance for Needy Families program

under the Social Security Act (49 Stat. 620, 42 U.S.C. § 301 et

seq.), which provides temporary assistance to needy, dependent

children and their parents or caretaker relatives.

Section 495.1.  Parents Achieving Self-Sufficiency Program.

(a)  Establishment.--The Parents Achieving Self-Sufficiency

Program is established. The department shall administer the

program based upon the need to assist participants who wish to

pursue training or education in order to enhance their

employability.

(b)  Assistance to participants.--The assistance provided to

participants under the program shall include the type and level

of:

(1)  Cash assistance under TANF pursuant to subarticle

(e).

(2)  Medical assistance under TANF pursuant to subarticle

(e).

(3)  Services, including support services, provided under

the RESET program, pursuant to section 405.1.

Section 495.2.  Eligibility criteria.

(a)  Eligibility.--An individual who is eligible for

assistance under TANF may apply to participate in the program.

Eligibility for participation and the amount of assistance shall

be determined pursuant to rules and regulations promulgated by

the department to implement and administer TANF.

(b)  Assessment.--

(1)  The department shall assess each individual who is

eligible for the program to determine:

(i)  The individual's education, training and

employment needs based on available program resources.

(ii)  The individual's skills and aptitudes.

(iii)  The individual's need for support services.

(iv)  Local employment opportunities.

(v)  Any good cause circumstance.

(vi)  To the maximum extent possible, the preferences

of the individual.

(2)  The findings shall be documented in the individual's

case record indicating any barriers to participation,

including, but not limited to, any physical or mental health

problems or other good cause.

(c)  Program enrollment.--The department shall enroll an

individual for participation in the program to the extent that

program resources and space permit, if the assessment results

indicate all of the following:

(1)  The individual does not possess the necessary skills

to obtain employment that will enable the individual to

support a family at 85% of the median family income in this

Commonwealth for a family of the same size.

(2)  The postsecondary education or job training sought

by the individual will significantly improve the ability of

the family to be self-supporting, considering potential

employment opportunities and local labor market conditions.

(3)  The individual has the aptitude to successfully

complete the proposed postsecondary education or job

training.

(d)  Limitation.--The department may not disapprove an

education or job training plan based solely upon the length of

the education or job training program.

Section 495.3.  Program requirements.

(a)  Satisfactory progress required.--A participant must

demonstrate satisfactory progress in the participant's education

or job training program in order to maintain participation in

the program.

(b)  Crediting.--A participant who:

(1)  Receives assistance under the program that begins

during the first 24 months of TANF implementation shall have

credited the amount of time involved in educational activity

or job training activity toward the work-related activity

requirement.

(2)  Receives assistance under the program that begins or

continues after the first 24 months of TANF implementation

shall have educational activity or job training activity

credited toward the 20 hours per week RESET work requirement.

(c)  Department duties.--The department shall:

(1)  Make reasonable adjustments in the work

participation requirements of the program for good cause.

(2)  Promulgate rules and regulations for the

implementation and administration of the program, which shall

include rules and regulations defining the terms "needy

student" and "satisfactory performance."

(d)  Child support.--

(1)  A family that participates in the program must

assign the right to child support to the department in the

same manner as a family that receives TANF assistance.

(2)  The department shall distribute to a participating

family child support collected on behalf of the family in the

same manner as if the family were receiving TANF assistance.

(e)  Job search requirement.--A participant who is not exempt

from the job search requirement under the RESET program shall

not be required to conduct the eight-week job search until the

participant has completed the participant's education or job

training program.

Section 495.4.  Transitional support services.

(a)  Extended medical coverage.--A family that no longer

remains eligible for assistance under the program due to

increased child support or increased hours of, or increased

income from, employment shall be eligible to receive

transitional extended medical coverage, on the same basis as a

TANF family.

(b)  Child care.--A participant who receives earnings from

employment and whose family discontinues participation in TANF,

whether or not the participant's earnings resulted in

ineligibility for TANF and who requires child care, shall be

automatically transferred to the Child Care Information Services

Child Care program for continued child care assistance.

(c)  Work requirement.--A parent who is engaged in an

educational or job training activity and who meets the hours

requirement of section 495.3(b)(2) shall be deemed to satisfy

any work requirement of the Child Care Information Services

Child Care Program.

Section 495.5.  Funding.

Any cash assistance paid to participants and their families

shall be paid with State funds, which shall not be subject to

Federal time limits for TANF and shall not be considered to

apply toward any such time limit.

Section 495.6.  Protection of income.

(a)  Income exclusion.--To the extent permitted by Federal

law, assistance received under the program shall be disregarded

as income and excluded as a resource or asset to the same extent

as assistance under TANF for the purposes of any Federal or

State or municipal assistance program.

(b)  Taxation of program assistance.--Assistance received

under the program shall be treated in the same manner as

assistance received under TANF for all tax purposes.

Section 2.  This act shall take effect in 60 days.