208.325. Self-sufficiency program, targeted households--assessments--self-sufficiency pacts, contents, incentives for participation, review by director, term of pact--training for case managers--sanct
Self-sufficiency program, targetedhouseholds--assessments--self-sufficiency pacts, contents,incentives for participation, review by director, term ofpact--training for case managers--sanctions for failure to complywith pact provisions, review--evaluation ofprogram--rules--waiver from federal law.
208.325. 1. Beginning October 1, 1994, the department of socialservices shall enroll AFDC recipients in the self-sufficiency programestablished by this section. The department may target AFDC households whichmeet at least one of the following criteria:
(1) Received AFDC benefits in at least eighteen out of the lastthirty-six months; or
(2) Are parents under twenty-four years of age without a high schooldiploma or a high school equivalency certificate and have a limited workhistory; or
(3) Whose youngest child is sixteen years of age, or older; or
(4) Are currently eligible to receive benefits pursuant to section208.041, an assistance program for unemployed married parents.
2. The department shall, subject to appropriation, enroll inself-sufficiency pacts by July 1, 1996, the following AFDC households:
(1) Not fewer than fifteen percent of AFDC households who are requiredto participate in the FUTURES program under sections 208.405 and 208.410, andwho are currently participating in the FUTURES program;
(2) Not fewer than five percent of AFDC households who are required toparticipate in the FUTURES program under sections 208.405 and 208.410, but whoare currently not participating in the FUTURES program; and
(3) By October 1, 1997, not fewer than twenty-five percent of aid tofamilies with dependent children recipients, excluding recipients who meet thefollowing criteria and are exempt from mandatory participation in the familyself-sufficiency program:
(a) Disabled individuals who meet the criteria for coverage under thefederal Americans with Disabilities Act, P.L. 101-336, and are assessed aslacking the capacity to engage in full-time or part-time subsidizedemployment;
(b) Parents who are exclusively responsible for the full-time care ofdisabled children; and
(c) Other families excluded from mandatory participation in FUTURES byfederal guidelines.
3. Upon enrollment in the family self-sufficiency program, a householdshall receive an initial assessment of the family's educational, child care,employment, medical and other supportive needs. There shall also beassessment of the recipient's skills, education and work experience and areview of other relevant circumstances. Each assessment shall be completed inconsultation with the recipient and, if appropriate, each child whose needsare being assessed.
4. Family assessments shall be used to complete a familyself-sufficiency pact in negotiation with the family. The familyself-sufficiency pact shall identify a specific point in time, no longer thantwenty-four months after the family enrolls in the self-sufficiency pact, whenthe family's primary self-sufficiency pact shall conclude. Theself-sufficiency pact is subject to reassessment and may be extended for up toan additional twenty-four months, but the maximum term of any self-sufficiencypact shall not exceed a total of forty-eight months. Family self-sufficiencypacts should be completed and entered into within three months of the initialassessment.
5. The division of family services shall complete familyself-sufficiency pact assessments and/or may contract with other agencies forthis purpose, subject to appropriation.
6. Family self-sufficiency assessments shall be used to develop a familyself-sufficiency pact after a meeting. The meeting participants shallinclude:
(1) A representative of the division of family services, who may be acase manager or other specially designated, trained and qualified personauthorized to negotiate the family self-sufficiency pact and follow-up withthe family and responsible state agencies to ensure that the self-sufficiencypact is reviewed at least annually and, if necessary, revised as furtherassessments, experience, circumstances and resources require;
(2) The recipient and, if appropriate, another family member, assessmentpersonnel or an individual interested in the family's welfare.
7. The family self-sufficiency pact shall:
(1) Be in writing and establish mutual state and family memberobligations as part of a plan containing goals, objectives and timelinestailored to the needs of the family and leading to self-sufficiency;
(2) Identify available support services such as subsidized child care,medical services and transportation benefits during a transition period, tohelp ensure that the family will be less likely to return to publicassistance.
8. The family self-sufficiency pact shall include a parent and childdevelopment plan to develop the skills and knowledge of adults in their roleas parents to their children and partners of their spouses. Such plan shallinclude school participation records. The department of social servicesshall, in cooperation with the department of health and senior services, thedepartment of mental health, and the "Parents as Teachers" program in thedepartment of elementary and secondary education, develop or make availableexisting programs to be presented to persons enrolled in a familyself-sufficiency pact.
9. A family enrolled in a family self-sufficiency pact may own orpossess property as described in subdivision (6) of subsection 2 of section208.010 with a value of five thousand dollars instead of the one thousanddollars as set forth in subdivision (6) of subsection 2 of section 208.010.
10. A family receiving AFDC may own one automobile, which shall not besubject to property value limitations provided in section 208.010.
11. Subject to appropriations and necessary waivers, the department ofsocial services may disregard from one-half to two-thirds of a recipient'sgross earned income for job-related and other expenses necessary for a familyto make the transition to self-sufficiency.
12. A recipient may request a review by the director of the division offamily services, or his designee, of the family self-sufficiency pact or anyof its provisions that the recipient objects to because it is inappropriate.After receiving an informal review, a recipient who is still aggrieved mayappeal the results of that review under the procedures in section 208.080.
13. The term of the family self-sufficiency pact may only be extendeddue to circumstances creating barriers to self-sufficiency and the familyself-sufficiency pact may be updated and adjusted to identify and address theremoval of these barriers to self-sufficiency.
14. Where the capacity of services does not meet the demand for theservices, limited services may be substituted and the pact completion dateextended until the necessary services become available for the participant.The pact shall be modified appropriately if the services are not delivered asa result of waiting lists or other delays.
15. The division of family services shall establish a training programfor self-sufficiency pact case managers which shall include but not be limitedto:
(1) Knowledge of public and private programs available to assistrecipients to achieve self-sufficiency;
(2) Skills in facilitating recipient access to public and privateprograms; and
(3) Skills in motivating and in observing, listening and communicating.
16. The division of family services shall ensure that families enrolledin the family self-sufficiency program make full use of the federal earnedincome tax credit.
17. Failure to comply with any of the provisions of a self-sufficiencypact developed pursuant to this section shall result in a recalculation of theAFDC cash grant for the household without considering the needs of thecaretaker recipient.
18. If a suspension of caretaker benefits is imposed, the recipientshall have the right to a review by the director of the division of familyservices or his designee.
19. After completing the family self-sufficiency program, should arecipient who has previously received thirty-six months of aid to familieswith dependent children benefits again become eligible for aid to familieswith dependent children benefits, the cash grant amount shall be calculatedwithout considering the needs of caretaker recipients. The limitations ofthis subsection shall not apply to any applicant who starts a self-sufficiencypact on or before July 1, 1997, or to any applicant who has become disabled oris receiving or has received unemployment benefits since completion of aself-sufficiency program.
20. There shall be conducted a comprehensive evaluation of the familyself-sufficiency program contained in the provisions of this act* and the jobopportunities and basic skills training program ("JOBS" or "FUTURES") asauthorized by the provisions of sections 208.400 to 208.425. The evaluationshall be conducted by a competitively chosen independent and impartialcontractor selected by the commissioner of the office of administration. Theevaluation shall be based on specific, measurable data relating to those whoparticipate successfully and unsuccessfully in these programs and a controlgroup, factors which contributed to such success or failures, the structure ofsuch programs and other areas. The evaluation shall include recommendationson whether such programs should be continued and suggested improvements insuch programs. The first such evaluation shall be completed and reported tothe governor and the general assembly by September 1, 1997. Futureevaluations shall be completed every three years thereafter. In addition, in1997, and every three years thereafter, the oversight division of thecommittee on legislative research shall complete an evaluation on generalrelief, child care and development block grants and social services blockgrants.
21. The director of the department of social services may promulgaterules and regulations, pursuant to section 660.017, RSMo, and chapter 536,RSMo, governing the use of family self-sufficiency pacts in this program andin other programs, including programs for noncustodial parents of childrenreceiving assistance.
22. The director of the department of social services shall apply to theUnited States Secretary of Health and Human Services for all waivers ofrequirements under federal law necessary to implement the provisions of thissection with full federal participation. The provisions of this section shallbe implemented, subject to appropriation, as waivers necessary to ensurecontinued federal participation are received.
(L. 1994 H.B. 1547 & 961 § 1)*"This act" (H.B. 1547 & 961, 1994) contained numerous sections. Consult Disposition of Sections table for a definitive listing.