text: BILL AS INTRODUCED H.843 2000 Page 1 1 H.843 2 Introduced by Committee on Health and Welfare 3 Date: 4 Subject: Human services; Reach Up 5 Statement of purpose: This bill proposes to amend Vermont's welfare laws 6 and policies to conform with the requirements of federal law, and to 7 reconstitute Vermont's welfare program as the Reach Up program. 8 AN ACT RELATING TO ASSISTING FAMILIES TO ATTAIN SELF- 9 SUFFICIENCY 10 It is hereby enacted by the General Assembly of the State of Vermont: 11 Sec. 1. 33 V.S.A. chapter 11 is amended to read: 12 CHAPTER 11. AID AND SERVICES TO NEEDY FAMILIES WITH 13 CHILDREN REACH UP 14 Subchapter 1. General Provisions; Eligibility, Aid and Services 15 § 1101. DEFINITIONS 16 Unless otherwise expressly provided, the words and phrases in this chapter 17 mean: 18 (1) Dependent child: a needy child who: 19 (A) Is a resident of the state at the time of application for assistance; 20 and VT LEG 122518.1 BILL AS INTRODUCED H.843 2000 Page 2 1 (B) Is under the age of eighteen years, or, if the commissioner 2 determines that appropriated funds permit, is under the age of twenty-one years 3 and, as determined under standards prescribed by the commissioner, is a 4 student regularly attending a secondary school, or is regularly attending a 5 course of vocational or technical training designed to fit him for gainful 6 employment; and 7 (C) Has been deprived of parental support or care by reason of: 8 (i) the death or continued absence from home, or physical or 9 mental incapacity of a parent, and is living with a relative; or 10 (ii) being placed in a foster home as a result of a judicial 11 determination to the effect that the continuation of living with a relative would 12 be contrary to the welfare of the child, and that placement and care of the child 13 are the responsibility of the department of social and rehabilitation services and 14 who meets the eligibility requirements for such aid prescribed under federal 15 laws and regulations; or 16 (iii) the unemployment of a parent, and is living with a relative. 17 However, this subparagraph (iii) shall be effective only so long as federal 18 grants for aid and services to needy families with children are available to the 19 department for the purposes of this subparagraph. 20 (2) Foster care: care provided a dependent child in a foster home. VT LEG 122518.1 BILL AS INTRODUCED H.843 2000 Page 3 1 (4) Living with a relative: living with a person related by blood or 2 marriage in a residence maintained by one or more relatives as his or their 3 home. 4 (5) Relative: a person related to a dependent child, as defined by the 5 department in conformity with the social security act. 6 (6) Resources: income and property available from whatever source. 7 (7) Commissioner: the commissioner of social welfare. 8 (8) Department: the department of social welfare. 9 As used in this chapter: 10 (1) "Able-bodied" means to be free of any physical, emotional, or 11 mental condition that presents a substantial barrier to employment. The 12 applicant for or recipient of aid under this chapter shall have the burden of 13 demonstrating the existence of such conditions. 14 (2) "Adult" means an individual who: 15 (A) is 18 years of age or older, and not a dependent child; or 16 (B) is under 18 years of age and: 17 (i) is pregnant; or 18 (ii) is a parent who is the caretaker for a dependent child. 19 (3) "Assessment" means the uniform literacy, skill and aptitude 20 assessment tools and procedures used by adult basic education, the department 21 of employment and training, and the department of family development and VT LEG 122518.1 BILL AS INTRODUCED H.843 2000 Page 4 1 health access to determine a participating adult's abilities and goals, a 2 participating adult's job- and work-readiness, and the services needed by the 3 participating family to overcome barriers and deficiencies and to achieve self- 4 sufficiency. 5 (4) "Barrier" means any physical, emotional, or mental condition, any 6 lack of an educational, vocational, or other skill or ability, and any lack of 7 transportation, child care, housing, medical assistance or other services or 8 resources, domestic violence circumstances, caretaker responsibilities, or other 9 conditions or circumstances that prevent an individual from engaging in 10 employment or other work activity. 11 (5) "Caretaker" means an adult individual who is fulfilling a parental 12 role in caring for a dependent child by providing physical care, guidance, and 13 decision-making related to the child's health, school, medical care, and 14 discipline. 15 (6) "Case management" means the services provided by or through the 16 department to participating families, including assessment, information, 17 referrals, and assistance in the preparation and implementation of a family 18 development plan under section 1107 of this title. 19 (7) "Commissioner" means the commissioner of family development 20 and health access, or his or her designee. VT LEG 122518.1 BILL AS INTRODUCED H.843 2000 Page 5 1 (8) "Department" means the department of family development and 2 health access. 3 (9) "Dependent child" means a child who: 4 (A) is a resident of this state; and 5 (B)(i) is under the age of 18 years; or 6 (ii) is a dependent child 18 years of age or older who is a full-time 7 student in a secondary school, or attending an equivalent level of vocational or 8 technical training, and is reasonably expected to complete the educational 9 program before reaching the age of 19, or is not expected to complete the 10 educational program before reaching age 19, solely due to a documented 11 disability and continued assistance for such disabled dependent child is 12 required by court order. 13 (10) "Eligible family" means a family that is determined to be 14 financially eligible for the programs authorized by this chapter, in accordance 15 with rules adopted by the commissioner. 16 (11) "Family" means: 17 (A) one or more dependent children living with one or both parents, a 18 relative or caretaker of such children; or 19 (B) a pregnant individual. VT LEG 122518.1 BILL AS INTRODUCED H.843 2000 Page 6 1 (12) "Financial assistance" means the cash or other monetary assistance 2 available through the Reach Up program, and designed to provide temporary 3 financial assistance to eligible families. 4 (13) "Job-ready" means possessing the education or skills demanded by 5 the local job market, and not being subject to any barrier. 6 (14) "Living with a relative or caretaker" means living with a caretaker 7 or relative in a residence maintained by the caretaker or one or more relatives 8 as his or their home. 9 (15) "Parent" means a biological parent, stepparent, adoptive parent, or 10 pregnant individual. 11 (16) "Participant" or "participating adult" means an adult member of a 12 participating family. 13 (17) "Participating family" means an eligible family that participates in 14 the Reach Up program. 15 (18) "Reach Up program" means the program administered by the 16 department that assists and enables eligible families to become self-sufficient 17 by providing financial assistance and Reach Up services. 18 (19) "Reach Up services" means the service component of the Reach Up 19 program consisting of case management services, support services, and 20 referrals provided to eligible families to assist them in becoming self- 21 sufficient. VT LEG 122518.1 BILL AS INTRODUCED H.843 2000 Page 7 1 (20) "Relative" means a person related to a dependent child, as defined 2 by the department by rule in conformity with Part A of Title IV of the Social 3 Security Act. 4 (21) "Resources" means any income and property available from 5 whatever source. 6 (22) "Secretary" means the secretary of the agency of human services, 7 or his or her designee. 8 (23) "Subsidized job" means a job with an employer for which at least 9 25 percent of the wages are provided by diversion of TANF funds. 10 (24) "Temporary Assistance to Needy Families" or "TANF" means the 11 block grant provided to this state and established in accordance with Part A of 12 Title IV of the federal Social Security Act, as amended, and the regulations 13 promulgated pursuant thereto by the United States Secretary of Health and 14 Human Services. 15 (25) "Unable to work" means incapable of working due to a physical, 16 emotional, or mental condition that presents a substantial barrier to 17 employment. The applicant for or recipient of aid under this chapter shall have 18 the burden of demonstrating the existence of such conditions. 19 (26) "Work activities" means unsubsidized employment, subsidized 20 employment in the private or public sector, work experience programs, 21 on-the-job training programs, job search and job readiness activities, VT LEG 122518.1 BILL AS INTRODUCED H.843 2000 Page 8 1 community service program participation, vocational education, education 2 directly related to employment if the participating adult has no high school 3 diploma, participation in programs to achieve a high school diploma or similar 4 certificate, and any other work activity recognized and countable under federal 5 laws and regulations. 6 (27) "Work-ready" means the earlier of: 7 (A) not subject to a barrier and capable of participating in a single 8 work activity or any combination of work activities determined by the 9 commissioner by rule as acceptable to meet the work requirements of section 10 1113 of this title; or 11 (B)(i) having received 12 cumulative months of financial assistance; 12 or 13 (ii) having received at least 13 but no more than 18 cumulative 14 months of financial assistance and having been granted an exemption to the 15 12-month work readiness rule in accordance with subsection 1113(b) of this 16 title. 17 § 1105 1102. PURPOSE OF AID 18 (a) The system of aid and services to needy eligible families with children 19 shall recognize clearly defined reciprocal responsibilities and obligations on 20 the part of both parents and government. VT LEG 122518.1 BILL AS INTRODUCED H.843 2000 Page 9 1 (b) The goals of aid on behalf of dependent children the Reach Up program 2 are: 3 (1) To assist families to obtain the opportunities and skills necessary for 4 self-sufficiency. 5 (2) To encourage economic independence by removing barriers and 6 disincentives to work and providing positive incentives to work. 7 (3) To support parental nurturing. 8 (4) To support parental responsibility, both custodial and noncustodial. 9 (5) To encourage and assist individuals and families to contribute 10 materially to their own self-sufficiency whenever practicable. 11 (6) To recognize that families have differing personal characteristics and 12 experiences by providing services that address their individual needs. 13 (7) To measure the success of the system by what is best for children, 14 since three-fifths of the individuals receiving assistance are children. Aid 15 should be intended to protect children through reasonable assurances that their 16 immediate basic needs, including food, housing and clothing will be met, and 17 including support for a family environment with positive parental role models 18 so as to provide each child with an opportunity for self-sufficiency as an adult. 19 (8) To respect the dignity of individuals and families receiving 20 assistance by providing employment, education, and other services through 21 social service delivery systems available to all Vermont citizens whenever VT LEG 122518.1 BILL AS INTRODUCED H.843 2000 Page 10 1 possible, and by encouraging the private sector to integrate families receiving 2 assistance into the mainstream of the employment market. 3 (9) To recognize the challenges facing many families receiving 4 assistance by minimizing, whenever possible, structural financial disincentives 5 to increased earnings, and the abrupt termination of assistance before parents 6 are fully integrated into the employment market. 7 (10) To conserve state public financial resources by operating the 8 system of aid in an efficient manner, by using all reasonable options for 9 cost-effective federal fiscal participation, and by avoiding federal financial 10 sanctions for noncompliance with federal program requirements. 11 (11) To implement the purposes of federal TANF law. 12 (c) The critical elements of developing a program that assists families to 13 attain self-sufficiency are: 14 (1) the opportunity and obligation to work for those parents who are 15 physically, emotionally, and otherwise able to do so; 16 (2) cooperative and realistic goal-setting, coupled with individualized 17 case management that addresses each individual's situation and barriers to self- 18 sufficiency; 19 (3) rigorous child support collection from noncustodial parents; and 20 (4) a full range of supportive modalities, including appropriate training, 21 education, financial assistance, child care, counseling, and transportation. VT LEG 122518.1 BILL AS INTRODUCED H.843 2000 Page 11 1 § 1102. QUALIFICATION FOR AID 2 (a) If, upon investigation, the commissioner finds that it would be for the 3 benefit of a dependent child to remain with a relative, the department may 4 grant aid to the relative in accordance with this chapter. 5 (b) If, upon investigation, the commissioner finds that a dependent child is 6 receiving care in a foster home under conditions prescribed in the regulations 7 of the department, the department may pay an allowance to the foster home in 8 accordance with this chapter. 9 § 1103. AID; ELIGIBILITY AND BENEFIT LEVELS 10 (a) Aid shall be given for the benefit of a dependent child to the relative 11 with whom the child is living unless otherwise provided. The amount of aid to 12 which an eligible person is entitled shall be determined with due regard to the 13 income, resources and maintenance available to him that person and, as far as 14 funds are available, shall provide him that person a reasonable subsistence 15 compatible with decency and health. The commissioner may fix by regulation 16 maximum amounts of aid, and act to insure that the expenditures for the 17 programs shall not exceed appropriations for them. In no case may the 18 department expend state funds in excess of the appropriations for the programs 19 under this chapter. 20 (b) Aid may include the maintenance of one or both parents, if in need and 21 in the dependent child's home, or a relative or caretaker with whom a VT LEG 122518.1 BILL AS INTRODUCED H.843 2000 Page 12 1 dependent child is living, if the relative or caretaker is without sufficient means 2 of support. 3 (c) The maximum amount of aid furnished on behalf of a dependent child 4 maintained in a foster home shall not exceed the amount provided in a similar 5 circumstance for a child in foster care under regulations of the department of 6 social and rehabilitation services pertaining to the child welfare services 7 program. 8 (c) The commissioner shall adopt rules for the determination of eligibility 9 for the Reach Up program and benefit levels for all participating families that 10 include the following provisions: 11 (1) No less than the first $150.00 per month of earnings from an 12 unsubsidized job and 25 percent of the remaining unsubsidized earnings shall 13 be disregarded in determining the amount of the family's financial assistance 14 grant. The family shall receive the difference between countable income and 15 the Reach Up payment standard in a partial financial assistance grant. 16 (2) No less than the first $90.00 per month of earnings from a subsidized 17 job shall be disregarded in determining the amount of the family's financial 18 assistance grant. The family shall receive the difference between countable 19 income and the Reach Up payment standard in a partial financial assistance 20 grant. Earnings from subsidized jobs shall qualify for federal and state earned 21 income credit if the family is otherwise eligible for such credit. VT LEG 122518.1 BILL AS INTRODUCED H.843 2000 Page 13 1 (3) Incentive payments shall be provided to participating families for 2 completing parenting education programs or related volunteer work required 3 under a family development plan. 4 (4) Education stipends, employment stipends, job training stipends, and 5 incentive payments, as determined by the commissioner, shall be excluded in 6 calculating the financial assistance grant. 7 (5) The value of assets accumulated from the earnings of adults and 8 children in participating families shall be excluded for purposes of determining 9 continuing eligibility for the Reach Up program. 10 (6) Transitional medical assistance of up to 36 months shall be provided 11 to families with a working adult who becomes ineligible for financial 12 assistance due to increased earnings, unless family income exceeds 185 percent 13 of the federal poverty level, and provided that federal financial participation is 14 available for such transitional medical assistance. 15 (7) The equity value of one operable motor vehicle in a single-parent 16 family and of two operable motor vehicles in a two-parent family shall be 17 excluded for purposes of determining eligibility for the Reach Up program. 18 The commissioner shall take all steps necessary to retain current resource 19 protections under the Food Stamps program so that the rules under the Food 20 Stamps program and the Reach Up program are compatible. VT LEG 122518.1 BILL AS INTRODUCED H.843 2000 Page 14 1 (e) In determining eligibility and benefit levels for two-parent participating 2 families, the commissioner shall: 3 (1) Allow two-parent families with earned income who would otherwise 4 qualify for assistance to receive financial assistance, regardless of the number 5 of hours worked, and supplement their earnings with partial financial 6 assistance and medical assistance; and 7 (2) Eliminate the requirements for two-parent families that the primary 8 worker must have worked at least six quarters and be unemployed for at least 9 30 days. It is the intent of this subdivision that two-parent and one-parent 10 families receive financial assistance under more similar rules. 11 (f) In determining eligibility and benefit levels for minor parents in 12 participating families, the commissioner shall: 13 (1) Require pregnant and parenting minors to attend school or an 14 appropriate alternative education or training activity. 15 (2) Ensure that the family development plan of a minor parent includes a 16 requirement to take part in a case-managed support, education, and training 17 program. 18 (3) Adopt rules, which shall include appropriate exemptions, requiring 19 pregnant and parenting minors who are not emancipated minors to live with a 20 parent or in an approved supervised living arrangement. The sanctions 21 provided for noncompliance with a Reach Up services requirement under VT LEG 122518.1 BILL AS INTRODUCED H.843 2000 Page 15 1 section 1115 of this title shall apply to noncompliance with the rules adopted 2 under this subdivision. 3 (4) Allow pregnant and parenting minors who live with their parents to 4 have their eligibility for the Reach Up program and the amount of their 5 financial assistance grant determined without consideration of their parents' 6 income. 7 (g) The commissioner shall disregard no less than $50.00 per month of 8 child support payments in determining eligibility and benefit levels for 9 participating families. 10 (h) The commissioner shall use the family composition rules applicable to 11 the welfare demonstration project established pursuant to Act No. 106 of 1994 12 in eligibility and benefit levels for a financial assistance grant 13 § 1104. ABANDONMENT OR DESERTION; REPORTING 14 Forthwith upon granting assistance for the benefit of a dependent child who 15 has been abandoned or deserted by a parent, the commissioner shall give notice 16 to the appropriate prosecuting officer charged with the duty of enforcing laws 17 relating to the abandonment or desertion of children or minors. 18 § 1105. CHILD SUPPORT PAYMENTS 19 (a) A financial assistance case shall not be closed until child support 20 payments, minus the first $50.00 in such payments received on behalf of the VT LEG 122518.1 BILL AS INTRODUCED H.843 2000 Page 16 1 family, in combination with other countable income, have exceeded the 2 financial assistance payment standard in 12 consecutive calendar months. 3 (b) Notwithstanding any other provision of law, if aid to a participating 4 family is terminated due to receipt of child support, minus the first $50.00 in 5 such payments, that in combination with other countable income is in excess of 6 the financial assistance cash payment standard, and the family again becomes 7 eligible for aid within the following 12 calendar months solely because the 8 family no longer receives excess child support, aid shall be paid as of the date 9 of the family's reapplication. 10 § 1106. REQUIRED SERVICES TO PARTICIPATING FAMILIES 11 The commissioner shall provide participating families case management 12 services, initial assessment of the full range of services that will be needed by 13 each family (including uniform literacy, skills and aptitude assessment tools 14 and procedures, development of the family development plan) periodic 15 reassessment of service needs and the family development plan, and referral to 16 any agencies or programs that provide the services needed by participating 17 families to improve the family's prospects for job placement and job retention, 18 including the following: 19 (1) Appropriate child care, available at times that will enable 20 employment or participation in services indicated by the participating family's VT LEG 122518.1 BILL AS INTRODUCED H.843 2000 Page 17 1 family development plan. As used in this subdivision, "appropriate child care" 2 shall not include: 3 (A) Child care that the department of social and rehabilitation 4 services' child care services division classifies as legally exempt child care, 5 and that a parent or caretaker determines to be unacceptable; and 6 (B) Child care that the department of social and rehabilitation 7 services' child care services division classifies as either a registered family 8 child care home or a licensed child care center, and that a parent or caretaker 9 determines to be unacceptable when such determination is confirmed by the 10 child care services division. 11 (2) Transportation which will enable employment or participation in 12 services indicated by the participating family's family development plan. 13 (3) Career counseling, education, and training, and job search assistance 14 consistent with the purposes of this chapter. 15 (4) Vocational rehabilitation. 16 (5) Medical assistance. 17 (6) Homelessness prevention and housing. 18 (7) Family planning education and counseling. 19 (8) Any other services identified in the family development plan and 20 determined by the commissioner to be necessary and appropriate to achieve the 21 purposes of this chapter. VT LEG 122518.1 BILL AS INTRODUCED H.843 2000 Page 18 1 § 1107. CASE MANAGEMENT; FAMILY DEVELOPMENT PLANS; 2 COORDINATED SERVICES 3 (a) The commissioner shall provide all Reach Up services to participating 4 families through a case management model. Case management may be 5 provided to other eligible families. The case manager, with the full 6 involvement of the family, shall recommend, and the commissioner shall 7 establish and modify as necessary a family development plan for each 8 participating family, with a right of appeal as provided by section 1133 of this 9 title. A case manager shall be assigned to each participating family as soon as 10 the family begins to receive financial assistance. 11 (b) The family development plan shall include: 12 (1) each parent or caretaker's employment goal; 13 (2) an assessment of each parent or caretaker's barriers, and strategies to 14 overcome any barriers. The initial assessment shall include a literacy 15 evaluation and referral to an appropriate literacy program, if necessary; 16 (3) an identification of the services needed to overcome any barriers, to 17 enable the family to achieve self-sufficiency, and to fulfill each parent or 18 caretaker's personal and family responsibilities; 19 (4) an assignment of responsibilities, service requirements, and activities 20 among the case manager and family members, together with a time schedule 21 for such responsibilities, requirements, and activities. VT LEG 122518.1 BILL AS INTRODUCED H.843 2000 Page 19 1 (c) The initial family development plan shall be completed within 30 days 2 of the first meeting with the case manager. The case manager shall establish a 3 schedule for periodic review of the family development plan. In addition, the 4 case manager shall review the plan in the following circumstances: 5 (1) There is a lack of satisfactory progress in achieving the goals of the 6 plan; 7 (2) The parent or caretaker has lost unsubsidized or subsidized 8 employment; 9 (3) A family member has failed to comply with a services requirement 10 or a work requirement; 11 (4) Services required by the plan are unavailable; 12 (5) At least 30 days prior to when the parent or caretaker would 13 otherwise be deemed work-ready on the basis of 12-cumulative-month receipt 14 of financial assistance; 15 (6) A deferment or modification of the work requirements imposed by 16 section 1113 of this title has been requested; or 17 (7) Changes to the plan are needed to protect the well-being of the 18 children. 19 (d) The commissioner shall adopt rules establishing maximum caseloads 20 for case managers. VT LEG 122518.1 BILL AS INTRODUCED H.843 2000 Page 20 1 (e) The commissioner, together with the commissioner of education and the 2 commissioner of employment and training shall implement uniform 3 assessment procedures and tools for all clients who may use the adult basic 4 education system, adult technical education system, or the services of the 5 department of employment and training or the department of family 6 development and health access. 7 (f) The secretary, in full cooperation with the human resources investment 8 council and the agencies represented thereon, shall prepare and maintain an 9 annual plan for coordinating and integrating all appropriate services in order to 10 promote successful outcomes. The plan shall encourage the use of local and 11 regional service providers and permit a variety of methods of providing 12 services. Emphasis should be placed on coordinating and integrating career 13 counseling, job development, job training and skills, job placement, academic 14 education, and vocational and technical education. Public and private 15 institutions of higher education, and other agencies which offer similar or 16 related services, shall be invited to participate as fully as possible in 17 developing, implementing, and updating the annual coordination plan. 18 (g) The secretary shall work cooperatively with public and private, local, 19 and regional entities: 20 (1) to develop subsidized jobs with employers, using the same health 21 and safety standards in effect for unsubsidized jobs; VT LEG 122518.1 BILL AS INTRODUCED H.843 2000 Page 21 1 (2) to adopt rules which set priorities for services of benefit to the 2 people of Vermont, and which prevent displacement of previous unsubsidized 3 workers by subsidized Reach Up program participants; and 4 (3) to ensure that necessary support services are available, appropriate, 5 and within a reasonable distance, including child care, health care, and 6 transportation. 7 (h) The secretary shall: 8 (1) work with community providers to develop and maintain an 9 adequate number and variety of supervised living alternatives designed to meet 10 the individual needs of pregnant and parenting minors; 11 (2) work with community providers to develop and maintain parenting, 12 training, and education options for pregnant minors and minor parents; 13 (3) establish and maintain an information program to enable parents to 14 learn about and take advantage of benefits and services that are available to 15 parents who work outside the home; 16 (4) increase public awareness of the federal and state earned income tax 17 credits, and encourage families who may be eligible to apply for such tax 18 credits; and 19 (5) in partnership with the human resources investment council, develop 20 and maintain one or more job training and employment programs for VT LEG 122518.1 BILL AS INTRODUCED H.843 2000 Page 22 1 noncustodial parents to encourage long-term economic self-sufficiency and, by 2 extension, their ability to pay child support. 3 § 1108. OBLIGATION TO ASSIST ELIGIBLE FAMILIES WITH 4 DEPENDENT CHILDREN 5 Except as specifically authorized herein, the commissioner shall not adopt 6 any rule that would result in the termination of aid to a participating family, 7 including a dependent child, on the basis of an adult family member's having 8 received TANF-funded aid, as an adult, for 60 or more months in his or her 9 lifetime. This provision shall not prevent the commissioner from adopting 10 rules that impose limitations on how many months that families, including a 11 parent who has received an associate or bachelor's degree while receiving 12 support from the postsecondary education program authorized by section 1121 13 of this title, may receive aid authorized by this chapter in the five-year period 14 immediately following the receipt of such associate or bachelor's degree. 15 Subchapter 2. TANF Services and Work Requirements 16 § 1112. REACH UP PROGRAM SERVICES REQUIREMENTS 17 (a) Each participating adult in a family applying for or receiving financial 18 assistance shall comply with each Reach Up services requirement provided for 19 in the family development plan, unless good cause exists for such 20 noncompliance as defined by the commissioner by rule. VT LEG 122518.1 BILL AS INTRODUCED H.843 2000 Page 23 1 (b) The family's receipt of the full financial assistance amount allowable 2 and avoidance of fiscal sanctions is contingent on compliance with the 3 following service requirements: 4 (1) The adult in a single-parent family who has no barriers to obtaining 5 and maintaining a job and a recent and stable work history, including receiving 6 wages for his or her most recent job that, when annualized, equal or exceed 7 150 percent of the federal poverty level applicable to the family, shall report to 8 the department of employment and training for immediate job search within 9 two working days of having filed an application to participate in the Reach Up 10 program. 11 (2) The able-bodied adult in a two-parent family (when the other parent 12 is unable to work) who has no barriers to obtaining and maintaining a job and a 13 recent and stable work history, including receiving wages for his or her most 14 recent job that, when annualized, equal or exceed 150 percent of the federal 15 poverty level applicable to the family, shall report to the department of 16 employment and training for immediate job search within two working days of 17 having filed an application to participate in the Reach Up program. 18 (3) The adult in a two-parent family (when both parents are able-bodied) 19 who is not the primary caretaker of the children shall report to the department 20 of employment and training for immediate job search within two working days 21 of having filed an application to participate in the Reach Up program. VT LEG 122518.1 BILL AS INTRODUCED H.843 2000 Page 24 1 (4) Any adult who is referred to the department of employment and 2 training pursuant to this subdivision and who without good cause fails to report 3 shall be denied financial assistance for his or her family. 4 (5) An adult who accepts employment after reporting as directed under 5 this subdivision may receive Reach Up services, provided that the family is 6 eligible for such services in accordance with department rules. 7 (6) Each participating adult shall participate in the development of his or 8 her family development plan. 9 (7) Each participating adult who is not referred to the department of 10 employment and training pursuant to subdivisions (1), (2) or (3) of this 11 subsection shall report as directed by the department for assessment and 12 evaluation activities. 13 (8) Each participating adult shall begin to comply with his or her service 14 requirements as soon as possible, and no later than 10 days following 15 completion of the initial family development plan meeting. Each participating 16 adult shall continue to comply with such services requirements until such time 17 as the adult is complying with the work requirement provided for under section 18 1113 of this title, or the family is determined to be ineligible for or is no longer 19 receiving financial assistance. 20 (9) Participants shall engage in their family development plan activities 21 for the number of hours per week that the activities are scheduled and VT LEG 122518.1 BILL AS INTRODUCED H.843 2000 Page 25 1 available, unless good cause exists for not doing so as defined by the 2 commissioner by rule. 3 § 1113. WORK REQUIREMENTS 4 (a) Each participating adult in a family receiving a financial assistance 5 grant shall fulfill a work requirement in accordance with this section. Subject 6 to the provisions of this chapter, and provided that all services required by this 7 chapter are offered when appropriate and are available when needed to support 8 fulfillment of the work requirement, an adult having a work requirement shall 9 obtain employment, and shall work in accordance with the requirements of this 10 section, in order to maintain continued eligibility for financial assistance and to 11 avoid fiscal sanctions. 12 (b) The work requirement shall become effective as soon as the 13 participating adult is job- or work-ready, or upon the family's receipt of 12 14 cumulative months of financial assistance, whichever is sooner, unless at the 15 end of the 12-cumulative-month period the participant's case manager 16 concludes that the participant is unable to meet the hours of the applicable 17 unmodified work requirement, as established in subsection (c) of this section. 18 In such cases, the case manager shall prepare a written request on behalf of the 19 participant for an extension of up to six months. The request shall identify the 20 particular reasons why the participant is unable to meet the work requirement 21 and the remedial actions and services to be provided to the recipient to enable VT LEG 122518.1 BILL AS INTRODUCED H.843 2000 Page 26 1 fulfillment of the requirement. The request shall be submitted to the district 2 director and the family services director for approval. The request shall be 3 approved unless the participant is able to meet the work requirement or a 4 modified work requirement established in accordance with section 1114 of this 5 title. 6 (c) The hours of the work requirement shall be as follows: 7 (1) In two-parent families in which both parents are able-bodied: 8 (A) The parent who is not the primary caretaker of a dependent child, 9 referred to in this subsection as the "principal-earner parent", shall work no 10 less than full-time in unsubsidized employment and accept unsubsidized 11 employment with scheduled hours up to 45 hours per week; 12 (B) As used in this subdivision, "full-time" means 40 hours per week. 13 A position requiring no fewer than 35 hours per week that the employer 14 defines as full-time shall be deemed full-time employment. 15 (C) The requirements of this subdivision may be satisfied if both 16 parents secure employment with combined hours equal to or exceeding 40 17 hours per week, if such shared fulfillment of the work requirement commences 18 within 30 days of the onset of the unemployment of the principal-earner parent. 19 (2) The primary caretaker of a dependent child in a two-parent family in 20 which both parents are able-bodied shall have no work requirement, provided 21 that the principal-earner parent complies with the work requirement and is not VT LEG 122518.1 BILL AS INTRODUCED H.843 2000 Page 27 1 sanctioned in accordance with section 1115 of this title, and the family does 2 not receive federally-funded child care during the month. In the event that the 3 principal-earner parent in a two-parent family is sanctioned for failing to meet 4 the work requirement, the primary caretaker shall be deemed work-ready and 5 subject to subdivision (1) of this subsection. Within 30 days of the effective 6 date of the principal-earner parent's sanction the primary caretaker shall report 7 to the family's case manager, complete an assessment, modify the family's 8 family development plan, and comply with the requirements of subdivision (1) 9 of this subsection. In the event that the family receives federally-funded child 10 care during the month, the work requirement of the primary caretaker of 11 dependent children in a two-parent family in which both parents are able- 12 bodied shall be the number of hours per week that when added to the work 13 requirement of the principal-earner parent equals 55 hours per week. Such 14 latter work requirement does not apply when the primary-caretaker parent is 15 caring for a severely disabled child. 16 (3) All other able-bodied participants who are not subject to the work 17 requirement established by subdivision (1) of this subsection, or exempted 18 from the work requirement in accordance with subdivision (2) of this 19 subsection, shall comply with the following requirements: 20 (A) If the family includes only one parent, relative, or caretaker and 21 no children under the age of six years, or the family includes two parents, and VT LEG 122518.1 BILL AS INTRODUCED H.843 2000 Page 28 1 one parent is unable to work, the participant shall work in unsubsidized 2 employment for no fewer than 30 hours per week, and shall accept 3 unsubsidized employment with scheduled hours up to 35 hours per week; and 4 (B) If the family includes only one parent, relative, or caretaker and 5 any children under the age of six years, the participant shall work in 6 unsubsidized employment for no fewer than 20 hours per week, and shall 7 accept unsubsidized employment with scheduled hours up to 24 hours per 8 week. 9 (4) Except as provided in section 1134 of this title, in computing the 10 cumulative 12-month period of financial assistance for determining the 11 effective date of a participating adult's work requirement under subsection (b) 12 of this section, the calculation shall not extend to times prior to the effective 13 date of this section. 14 (5) A pregnant individual who is employed shall continue such 15 employment unless there has been a medical determination that the individual 16 is unable to work, or the individual is exempt from the work requirement based 17 on other criteria established by the commissioner by rule. A pregnant 18 individual shall not be required to begin new employment. 19 (d)(1) A participant required to fulfill a work requirement shall accept any 20 unsubsidized job he or she is capable of performing, even if it pays wages that 21 are less than the financial assistance grant. In cases in which monthly wages VT LEG 122518.1 BILL AS INTRODUCED H.843 2000 Page 29 1 are less than the financial assistance grant and the family is otherwise eligible, 2 the wages shall be supplemented with a partial financial assistance grant. The 3 commissioner shall establish by rule criteria for jobs that must be accepted if 4 offered, including the criterion that each job must pay at least minimum wage. 5 (2) A participating adult whose most recent wages when annualized 6 equal or exceed 150 percent of the federal poverty level applicable to the 7 participating adult's family shall not be required to accept employment with 8 annualized earnings of less than 150 percent of the federal poverty level 9 applicable to the participating adult's family, for the four month period after 10 being deemed eligible for financial assistance. 11 (3) A postsecondary education program participant who has received a 12 degree and any Reach Up participant who has recently completed specialized 13 vocational training shall not be required to accept an unsubsidized job that is 14 unrelated to his or her training or degree for a six-month period following 15 completion of such education or training, provided that the participant: 16 (A) has not been sanctioned within the prior six months; 17 (B) has not left an unsubsidized job related to his or her training or 18 degree without good cause within the prior six months; 19 (C) has followed through in a satisfactory manner on all referrals to 20 employment opportunities related to his or her training or degree; VT LEG 122518.1 BILL AS INTRODUCED H.843 2000 Page 30 1 (D) is engaged in acceptable work activities in accordance with this 2 section; and 3 (E) agrees to accept any unsubsidized job if still unemployed after 4 such six-month period. 5 (e) The commissioner may require a participant to participate in job search, 6 coordinated by the commissioner, for the number of hours per week that 7 corresponds to the participant's work requirement hours under subsection (c) 8 of this section, or a lesser amount that in combination with the participant's 9 unsubsidized paid employment equals the participant's work requirement 10 hours under subsection (c) of this section, during the following periods: 11 (1) For a two-week period immediately following the family's 12 application for benefits, or reapplication for benefits following a period of 13 nonreceipt lasting at least 30 days, or during the period a decision on 14 application or reapplication is pending, whichever period ends later, unless 15 exempted from immediate job search in accordance with subdivisions 16 1112(b)(1), (2) or (3) of this title; 17 (2) For a period of two weeks at any time when the participant is 18 deemed to be job-ready by the commissioner; 19 (3) For the first two weeks of the 13th calendar month for which Reach 20 Up cash assistance is received; and 21 (4) For a period of two weeks following the loss of paid employment. VT LEG 122518.1 BILL AS INTRODUCED H.843 2000 Page 31 1 (f)(1) If a participant is job-ready and no unsubsidized job is available, or 2 if the participant is work-ready but not job-ready, the participant shall accept a 3 subsidized job, community work experience, job search, other work activities, 4 or any combination of these activities, as deemed appropriate by the 5 commissioner that equals the number of hours of the participant's work 6 requirement per week, or a lesser amount that, in combination with the parent's 7 unsubsidized paid employment, equals the number of hours of the participant's 8 work requirement, unless the provisions of subdivision (2) of this subsection 9 apply. 10 (2) When a participant's family development plan includes one or more 11 of the work activities to which TANF restrictions prevent the counting of such 12 work activities toward fulfillment of a participant's work requirement, job 13 search, job readiness assistance, and vocational education training, the 14 department may include additional work activities (including required 15 additional hours of participation) in the participant's family development plan. 16 (g) Notwithstanding any other provision of this chapter, a participant's 17 hours of unpaid work activities that are not primarily education or training 18 shall not exceed the levels established by the Fair Labor Standards Act. 19 Adjustments required to conform with the Fair Labor Standards Act shall be 20 made pursuant to calculation standards established by the commissioner by 21 rule. VT LEG 122518.1 BILL AS INTRODUCED H.843 2000 Page 32 1 § 1114. DEFERMENTS AND MODIFICATIONS 2 (a) The commissioner shall establish by rule criteria, standards, and 3 procedures for granting deferments from or modifications to the work 4 requirements established in section 1113 of this title, in accordance with the 5 provisions of this section. 6 (b) The work requirements for the following participants shall be either 7 modified or deferred for: 8 (1) A participant for whom no unsubsidized or subsidized job or other 9 equivalent supervised work activity recognized by the commissioner by rule is 10 available. 11 (2) A participant for whom support services that are essential to 12 employment and other work activities and identified in the family development 13 plan cannot be arranged. Such services shall include case management, 14 education and job training, child care, and transportation. 15 (3) A participant who is not able-bodied. Such participants shall be 16 referred for assessment and vocational and other services in accordance with 17 the provisions of his or her family development plan. Participants with 18 disabilities that do not meet the standards used to determine disability under 19 Title XVI of the Social Security Act shall participate in appropriate 20 rehabilitation, education, or training programs. VT LEG 122518.1 BILL AS INTRODUCED H.843 2000 Page 33 1 (4) A primary caretaker parent caring for a child who has not attained 24 2 months of age for no more than 24 months of the parent's lifetime receipt of 3 financial assistance. To qualify for such deferment, a parent of a child older 4 than the age of six months shall cooperate in the development of and 5 participate in a family development plan. 6 (5) A primary caretaker parent who has exhausted the 24 months of 7 deferment provided for in subdivision (4) of this subsection and who is caring 8 for a child who is not yet 13 weeks of age. 9 (6) A participant who is needed in the home on a full or part-time basis 10 in order to care for an ill or disabled parent, spouse, or child. 11 (7) A participant who is under 20 years of age, who is a single head of 12 household or married, and who maintains satisfactory attendance at secondary 13 school or the equivalent during the month, or participates in education directly 14 related to employment for an average of 20 or more hours per week during the 15 month. 16 (8) A participant who has attained 20 years of age and who is engaged 17 in at least 25 hours per week of classes and related learning activities for the 18 purpose of attaining a high school diploma or general educational development 19 (GED) certificate; provided that the participant is making satisfactory progress 20 toward the attainment of such diploma or certificate; and provided further that VT LEG 122518.1 BILL AS INTRODUCED H.843 2000 Page 34 1 a deferment or modification granted for this purpose does not exceed six 2 months. 3 (9) A participant who is enrolled in, attending, and making satisfactory 4 progress toward the completion of a full-time vocational training program that 5 has a normal duration of no more than two years and who is within 12 months 6 of expected completion of such program. Such deferment or modification 7 shall continue until he or she has completed the program, he or she is no longer 8 attending the program, or the 12-month expected completion period has ended, 9 whichever occurs first. 10 (10) A participant for whom, due to the effects of domestic violence, 11 fulfillment of the work requirement can be reasonably anticipated to result in 12 serious physical or emotional harm to the participant that significantly impairs 13 his or her capacity either to fulfill the work requirement or to care for his or her 14 child adequately, or can be reasonably anticipated to result in serious physical 15 or emotional harm to the child. 16 (11) Any other participant designated by the commissioner in 17 accordance with criteria established by rule. 18 (c) A participant who qualifies for a deferment or modification under 19 subsection (b) of this section and who is capable of performing at least five 20 hours of a work activity shall have his or her work requirement hours modified 21 instead of deferred. VT LEG 122518.1 BILL AS INTRODUCED H.843 2000 Page 35 1 (d) Deferments and modifications granted pursuant to this section shall 2 continue for as long as the grounds for the deferment or modification exist or 3 until expiration of a related time period specified in subsection (b) of this 4 section, whichever occurs first. 5 § 1115. OBLIGATION TO FUND SERVICES; GOOD CAUSE 6 (a) A participant's service requirement under section 1112 of this title and 7 work requirement under section 1113 of this title shall be deferred when the 8 case management services, training and educational services, and the family 9 support services identified in the participant's family development plan are 10 unavailable for reasons beyond the control of the participant, including when 11 monies appropriated are not sufficient to provide such services. 12 (b) No family who has been determined to be eligible for child care 13 services pursuant to section 3512 of this title shall be displaced from or denied 14 receipt of such services because the requirements of this chapter result in 15 additional participating families applying for and receiving financial assistance 16 for such child care services. 17 (c) The commissioner shall design the Reach Up program so that it 18 provides the full array of services to participating families identified by their 19 family development plans within the funds appropriated by the general 20 assembly. VT LEG 122518.1 BILL AS INTRODUCED H.843 2000 Page 36 1 (d) The commissioner shall establish good cause rules for temporary or 2 unexpected conditions or circumstances beyond the control of the participating 3 parent which result in a parent's inability to participate in a Reach Up services 4 requirement, to participate in a work requirement, or to accept or retain 5 employment. 6 § 1116. SANCTIONS 7 (a) The financial assistance grant of a participating family shall be reduced, 8 in accordance with the provisions of this section, if a participating adult who 9 needs to fulfill a services or work requirement in accordance with section 1112 10 or 1113 of this title: 11 (1) fails without good cause to accept and carry out his or her service or 12 work requirement; 13 (2) quits a job without good cause; or 14 (3) is dismissed from a job for cause. 15 (b)(1) If an adult in a participating family is sanctioned for his or her first 16 act of noncompliance with a service or work requirement the family's financial 17 assistance grant shall: 18 (A) be provided by vendor payment directly to the vendor to greatest 19 extent practicable for the first month of such noncompliance; 20 (B) be reduced by the amount of $50.00 per month for each 21 noncomplying adult for the second month of such noncompliance; VT LEG 122518.1 BILL AS INTRODUCED H.843 2000 Page 37 1 (C) be reduced $100.00 per month for each noncomplying adult for 2 the third month of such noncompliance; and 3 (D) be reduced $150.00 per month for each noncomplying adult for 4 the fourth month of such noncompliance, or until the participant comes into 5 compliance in accordance with the department's rules, whichever occurs first. 6 A month of noncompliance occurring before the family has received 60 7 months of financial assistance and immediately preceded by 12 consecutive 8 months of compliance with program requirements will be treated as the first 9 month of noncompliance. 10 (c) If a participant is sanctioned for his or her noncompliance with the 11 service or work requirements for more than four consecutive months, the 12 family financial assistance grant shall be reduced by the amount of $225.00 per 13 month for each adult sanctioned under this subsection until the participant 14 comes into compliance in accordance with the department's rules. 15 (d) Any family that has received 60 or more cumulative months of financial 16 assistance that also has one or more adult participants who have been 17 sanctioned for 12 or more cumulative months, and who are currently being 18 sanctioned shall have their grant reduced by $300.00 per month for each adult 19 sanctioned under this subsection. 20 (e)(1) Under no circumstances during the first six months that a family's 21 grant is reduced due to fiscal sanctions imposed pursuant to subsections (b) VT LEG 122518.1 BILL AS INTRODUCED H.843 2000 Page 38 1 through (d) of this section shall the grant be reduced to less than an amount 2 which in combination with the family's other countable income is less than the 3 family's actual incurred housing costs up to the applicable maximum housing 4 allowance. 5 (2) The commissioner shall provide the housing costs by vendor 6 payment directly to the vendor. Any balance of financial assistance remaining 7 after the vendor payment has been deducted shall be paid in two payments, the 8 first to be paid within the first half of the calendar month and the second to be 9 paid within the second half of the calendar month. 10 (f) The financial assistance grant of a family that has been subject to a 11 fiscal sanction for more than six cumulative months shall be reduced in 12 accordance with the full sanction amounts and without any consideration to the 13 subsection (e) housing costs protection. This section shall not apply if the 14 family, after the fiscal sanction period of more than six months, has an 15 intervening period of no less than 36 months before another fiscal sanction and 16 spends those months in a state of program compliance, grant closure, or any 17 combination of the two. 18 (g) To receive payments during the fiscal sanction period, an adult who is 19 the subject of the sanction shall meet no less than once each month to report 20 his or her circumstances to the case manager. In addition, this meeting shall be 21 for initial assessment and development of the family development plan when VT LEG 122518.1 BILL AS INTRODUCED H.843 2000 Page 39 1 such tasks have not been completed; reassessment or review and revision of 2 the family development plan, if appropriate; and to encourage the participant to 3 fulfill the work requirement. The commissioner may waive any meeting when 4 extraordinary circumstances prevent a participant from attending. The 5 commissioner shall adopt rules to implement this subsection. 6 (h) A family sanctioned under this section for failure to meet work or 7 service requirements shall remain eligible for Food Stamps and shall not, 8 because of such failure, be sanctioned under the Food Stamp program for 9 reasons of "failure to comply without good cause" and "voluntary quit without 10 good cause", provided that such eligibility and waivers of such sanctions are 11 consistent with federal law and regulations governing the Food Stamp 12 program. 13 Subchapter 3. Separate State Programs 14 § 1121. AUTHORIZATION TO SEGREGATE STATE FUNDS AND 15 CREATE SEPARATE STATE PROGRAMS 16 (a) Consistent with the purposes of this chapter, the commissioner is 17 authorized to structure payment of appropriated TANF funds and state 18 "maintenance of effort" funds to create separate state and segregated fund 19 programs to aid families eligible for the financial assistance. VT LEG 122518.1 BILL AS INTRODUCED H.843 2000 Page 40 1 (b) The commissioner shall establish by rule standards, requirements, and 2 criteria for the administration of any program established pursuant to this 3 section that requires rules different from the financial assistance program. 4 (c) Programs and payment structures created pursuant to this section shall 5 accomplish one or more of the following purposes: 6 (1) To provide work supports and assistance to working families while 7 preserving their ability to receive financial assistance beyond the federal 8 TANF 60-month lifetime limit. 9 (2) To foster parental nurturing of children in their own homes. 10 (3) To stabilize families in crisis. 11 (4) To preserve financial assistance options beyond the federal TANF 12 60-month lifetime limit for families addressing multiple issues relating to self- 13 sufficiency. 14 (5) To preserve eligibility for financial assistance for certain minor 15 parents and legal aliens whom federal law makes ineligible for TANF-funded 16 assistance. 17 (6) To provide for the transition of families in the welfare restructuring 18 project to the Reach Up program. 19 (7) To ensure that the state complies with the federal TANF program 20 requirements. VT LEG 122518.1 BILL AS INTRODUCED H.843 2000 Page 41 1 (d) The following separate state programs shall be established, in 2 accordance with rules adopted by the commissioner that include funding 3 priority rules: 4 (1) The separate state postsecondary education program established 5 under section 1122 of this title. 6 (2) A program for unemployed parent families not involved in work 7 activities at a TANF-countable level. 8 (3) A program to eliminate, in single-parent families and two-parent 9 families in which one parent is unable to work, the work requirement 10 applicable to primary caretaker parents caring for children who are not yet 24 11 months or age, provided that the deferment is limited to any 24 months over 12 the parent's lifetime, and the elimination of such work requirement is not a 13 state option under TANF. 14 (4) A program for families in which the parent or caretaker is not 15 involved in work activities at a TANF-countable level, limited to the number 16 of families necessary to meet federal TANF participation rate requirements. 17 (e) The Reach Up program shall be a segregated funds program structured 18 to pay appropriated state maintenance of effort funds to families in which the 19 parent or caretaker is engaged in unsubsidized employment at a TANF- 20 countable level. For self-employment to be considered unsubsidized 21 employment under this subdivision, average net weekly earnings shall equal or VT LEG 122518.1 BILL AS INTRODUCED H.843 2000 Page 42 1 exceed the minimum wage multiplied by the applicable number of TANF- 2 countable hours. 3 § 1122. POSTSECONDARY EDUCATION PROGRAM 4 (a) The commissioner shall establish by rule a separate state program to 5 provide living expense stipends and support services to enable parents in 6 eligible families to pursue undergraduate postsecondary degrees in fields 7 directly related to employment. 8 (b) The program authorized by this section shall be administered by the 9 commissioner or by a contractor designated by the commissioner, and shall be 10 supported with funds other than federal TANF block grant funds provided 11 under Title IV-A of the Social Security Act. 12 (c) The amount of the program's living expense stipend shall be 13 determined using financial assistance rules with the following modifications: 14 (1) The amount of the living expense stipend shall be determined at the 15 time of the financial eligibility determination for admission into the program, 16 and annually thereafter within 90 days before the beginning of the participant's 17 academic year. 18 (2) The maximum living expense stipend for a family with three or 19 fewer members shall be the amount that is equal to the ratably reduced sum of 20 the Reach Up basic needs allowance for a household of three, plus the 21 maximum monthly housing allowance outside Chittenden County. VT LEG 122518.1 BILL AS INTRODUCED H.843 2000 Page 43 1 (3) The maximum living expense stipend allowed for a family with 2 more than three members shall be the amount that is equal to the ratably 3 reduced sum of the Reach Up basic needs allowance for a household of four, 4 plus the maximum housing allowance outside Chittenden County. 5 (d) To be financially eligible to participate in the postsecondary education 6 program the family must meet the following applicable income test: 7 (1) In two-parent families, the family's gross income minus the 8 participating parent's earnings shall not exceed 150 percent of the federal 9 poverty level for a family of four or fewer members as established by the 10 commissioner by rule, or 150 percent of the federal poverty level for a family 11 of five, provided the family included five or more members as established by 12 the commissioner by rule. 13 (2) In single-parent families, the gross income of the family shall not 14 exceed 150 percent of the federal poverty level for a family of three, provided 15 the family includes three or fewer members as established by the commissioner 16 by rule, or 150 percent of the federal poverty level for a family of four, 17 provided the family includes four or more members as established by the 18 commissioner by rule. 19 (3) All program participants shall demonstrate financial eligibility at the 20 time of application, for the calendar year preceding application, and within the VT LEG 122518.1 BILL AS INTRODUCED H.843 2000 Page 44 1 90-day period prior to the beginning of each academic year of the institution in 2 which the participant is enrolled. 3 (4) Verification of all income amounts required by this subsection shall 4 be provided in accordance with Reach Up program rules. 5 (e) All financially eligible families who apply to participate in the 6 postsecondary education program will be considered for admission provided 7 that they meet all of the following criteria: 8 (1) No more than one parent per family may participate at the same 9 time. 10 (2) If the participating parent is in a two-parent family, the 11 nonparticipating parent shall be either working 40 hours per week or unable to 12 work. 13 (3)(A) The participating parent has not already received a postsecondary 14 undergraduate degree; 15 (B) The participating parent has already received a postsecondary 16 undergraduate degree and the occupations for which it prepared the 17 participating parent are obsolete; 18 (C) The participating parent, due to a disability, is no longer able to 19 perform the occupations for which the degree prepared him or her; or VT LEG 122518.1 BILL AS INTRODUCED H.843 2000 Page 45 1 (D) The preparation for occupations that the participating parent 2 received through the postsecondary undergraduate degree is outdated and not 3 marketable in the current labor market. 4 (4) The participating parent shall be a matriculating student in a two- 5 year or four-year degree program as provided for in the postsecondary 6 education plan. 7 (5) The participating parent has been determined to be eligible for 8 financial assistance from the Vermont student assistance corporation, and can 9 demonstrate that he or she has the ability to cover tuition costs. 10 (6) The participating parent agrees to limit employment to no more than 11 20 hours per week when school is in session. 12 (7) Participating families who are eligible for Reach Up financial 13 assistance shall agree to accept the program living expense stipend in lieu of a 14 Reach Up financial assistance grant. 15 (8)(A) For a period of five years beginning with the date of a parent's 16 receipt of a postsecondary education degree due to successful completion of 17 this program, the parent and the parent's family, if financially eligible, shall 18 receive no more than 12 cumulative months of Reach Up financial assistance, 19 and the participating parent shall comply with the following conditions: VT LEG 122518.1 BILL AS INTRODUCED H.843 2000 Page 46 1 (i) The parent shall engage in job search at a TANF-countable 2 level for the first four weeks of the family's receipt of a financial assistance 3 grant; 4 (ii) Unless employed full time, the parent shall engage in approved 5 work activities at a TANF-countable level during all months following the 6 initial job search that the family receives financial assistance; and 7 (iii) Parents who have not been sanctioned since receiving their 8 postsecondary education degree, have not left an unsubsidized degree-related 9 job without good cause since receiving their postsecondary education degree, 10 and have followed through, satisfactorily, on all referrals to degree-related jobs 11 since receiving their postsecondary education degree shall only have to accept 12 unsubsidized jobs related to their degree during the first six months following 13 receipt of their degree. Parents who have been sanctioned since receiving their 14 postsecondary education degree, have left an unsubsidized degree-related job 15 without good cause since receiving their postsecondary education degree, have 16 not followed through, satisfactorily, on all referrals to degree-related jobs since 17 receiving their postsecondary education degree, or have not, after receipt of six 18 cumulative months of financial assistance, obtained a job in a field related to 19 their postsecondary degree, shall accept any unsubsidized job that is offered. VT LEG 122518.1 BILL AS INTRODUCED H.843 2000 Page 47 1 (B) The limitation on receiving no more than 12 cumulative months 2 of Reach Up cash assistance established under subdivision (A) of this 3 subdivision (8) shall not apply if: 4 (i) the parent who received the postsecondary education degree 5 has not been offered a full-time, unsubsidized job; 6 (ii) all parents in the family have become so severely disabled that 7 they are precluded from being employed; 8 (iii) in the case of a single-parent family, a child in the family has 9 become so severely disabled that the parent is precluded from being employed; 10 or 11 (iv) a catastrophic family event precludes the parent's 12 employment, as determined by the commissioner. 13 (9) The participating parent establishes and follows a postsecondary 14 education plan that has been approved by the commissioner or his or her 15 designee. Each postsecondary education plan shall include the following: 16 (A) the occupation that the parent proposes to pursue; 17 (B) a schedule that assures the participating parent will complete the 18 coursework necessary for a two-year degree within three years and for a four- 19 year degree within five years. The commissioner shall establish by rule criteria 20 for exceptions to such time limits. Such criteria shall be based on 21 circumstances beyond the parent's control; VT LEG 122518.1 BILL AS INTRODUCED H.843 2000 Page 48 1 (C) a schedule reflecting that, when an applicant has at least 15 credit 2 hours of course credits that can be applied to the degree being pursued, four 3 months for every 15 credit hours of coursework that can be applied to the 4 degree has been deducted from the three-year time period allowed for a two- 5 year degree or the five-year time period allowed for a four-year degree; and 6 (D) a schedule reflecting that, when a parent who has already 7 obtained a two-year degree through participation in the program authorized by 8 this section is pursuing a four-year degree, the time period that was used to 9 obtain the two-year degree has been subtracted from the five-year time period 10 allowed for a four-year degree. 11 (10) The family and the participating adult maintain uninterrupted 12 residency in Vermont for the duration of participation in the postsecondary 13 education program. 14 (f) Participation in the program authorized by this section may be denied to 15 parents meeting the eligibility criteria if program funds are insufficient to allow 16 all eligible applicants to participate. When funds are insufficient to allow all 17 eligible applicants to participate, priority shall be given to those individuals 18 with no postsecondary education. 19 (g) Continued participation in the postsecondary education program is 20 contingent on the participating parent: VT LEG 122518.1 BILL AS INTRODUCED H.843 2000 Page 49 1 (1) maintaining compliance with all program criteria in subsections (e) 2 and (f) of this section; and 3 (2) remaining a member in good standing of the college and making 4 progress toward a degree. 5 (h) As used in this section, the term "parent" means biological parent, 6 stepparent, or adoptive parent. 7 § 1123. INDIVIDUAL DEVELOPMENT SAVINGS PROGRAM 8 (a) For the purposes of this section: 9 (1) "Account" means a savings account that is held in an insured 10 financial institution that is maintained by the saver as part of an approved 11 account program and an approved savings plan. 12 (2) "Agency" means the agency of human services. 13 (3) "Approved account program" means a program approved by the 14 agency and administered by a service provider. 15 (4) "Approved savings plan" means a plan, approved by the service 16 provider and agreed to by the saver, that defines savings goals, program 17 requirements, and anticipated uses of the savings and matching funds. The 18 plan shall be a contract between the saver and the service provider. 19 (5) "Education" means a postsecondary program of instruction approved 20 by the service provider and provided by a college, university, community 21 college, area vocational technical school, professional institution, or VT LEG 122518.1 BILL AS INTRODUCED H.843 2000 Page 50 1 specialized college or school legally authorized to grant degrees. The term 2 also means any job training or related educational program approved by the 3 service provider. 4 (6) "Eligible uses" means education, the purchase or improvement of a 5 home, participation in or development of an entrepreneurial activity, 6 enrollment of a saver's child in child care that enables the saver to participate 7 in job training, a work-related activity or educational program or other use that 8 is included in an approved savings plan. 9 (7) "Entrepreneurial activity" means the purchase of or investment in a 10 for-profit venture in which the saver will be a principal. 11 (8) "Financial institution" means any insured federal or state chartered 12 bank, bank and trust company, savings bank, savings and loan association, 13 trust company, or credit union, approved by the service provider for the 14 establishment of an individual development savings account. 15 (9) "Fund" means the individual development matching grant special 16 fund established by this section. 17 (10) "Minimum savings amount" means the minimum amount 18 established in the approved savings plan that the saver must deposit in order to 19 be eligible for matching funds. 20 (11) "Program" means the individual development savings program 21 established by this section. VT LEG 122518.1 BILL AS INTRODUCED H.843 2000 Page 51 1 (12) "Public assistance" means the Temporary Assistance for Needy 2 Families program established under Part A of Title IV of the Social Security 3 Act, or any other state or federal income maintenance program of financial 4 assistance. 5 (13) "Saver" means an individual or family: 6 (A) who resides in this state; and 7 (B) who has applied for and been enrolled in the individual 8 development savings program; and 9 (C)(i) who, at the time of application receives public assistance; or 10 (ii) whose income makes the individual or family eligible to 11 receive public assistance or to claim the federal earned income credit. 12 (14) "Service provider" means a nonprofit organization approved by the 13 agency that encourages and assists local community-based human service 14 development. 15 (b) The agency shall establish policies and procedures to implement and 16 administer the individual development savings program. Such policies and 17 procedures shall include the following: 18 (1) An applicant shall apply to a service provider for a determination of 19 eligibility for enrollment in the program. The service provider shall develop an 20 approved savings plan with each saver who has been determined eligible and 21 enrolled in the program. The approved savings plan shall specify a minimum VT LEG 122518.1 BILL AS INTRODUCED H.843 2000 Page 52 1 savings amount to be saved and the frequency of deposits to be made by the 2 saver to the savings account during the duration of the plan. The application 3 and plan shall be prepared on forms provided and approved by the service 4 provider. 5 (2) The enrolled saver shall complete a financial management training 6 program approved by the agency and provided by or through the service 7 provider. 8 (3) An enrolled saver shall open an account in a financial institution that 9 has been approved by the service provider as a depository for the saver's 10 contributions. The saver and the service provider shall jointly own the 11 account, including interest earned, jointly, with the saver as primary owner. 12 (4) An enrolled saver with an approved plan and account monitored by a 13 service provider shall comply with the requirements of the plan for at least one 14 year, but no more than five years, in order to be eligible for matching fund 15 grants. 16 (5) In order to obtain matching funds, the saver shall present evidence 17 satisfactory to the service provider that the amount to be withdrawn will be 18 expended only for an eligible use. A withdrawal from an account for an 19 eligible use shall be made payable to the person who provides the eligible use, 20 and the agency, or the Vermont student assistance corporation pursuant to 21 section 2878a of Title 16, shall pay matching funds to the person that provides VT LEG 122518.1 BILL AS INTRODUCED H.843 2000 Page 53 1 the eligible use. Matching funds shall not be paid to the saver. Matching 2 funds that have not been paid out for an eligible use within five years after the 3 opening of the account shall be returned to the agency for deposit in the state 4 treasury, or to the Vermont student assistance corporation as applicable. 5 (6) The service provider may terminate an approved savings plan for a 6 saver who fails to meet the savings goals set out in the approved plan or who 7 withdraws from the program, in accordance with standards and procedures 8 established by the agency. Any funds contributed by the saver shall revert to 9 the sole ownership of the saver, to be used by the saver for any purpose. Funds 10 in accounts created pursuant to a Vermont higher education savings plan shall 11 be subject to the provisions of the plan's participation agreement. 12 (7) The agency shall develop any other standards and procedures 13 necessary or desirable to implement the individual development savings 14 program, including standards, minimum requirements for approval of savings 15 plans, training and counseling, and reporting requirements for participating 16 financial institutions. 17 (c)(1) The individual development matching grant special fund is 18 established in the state treasury and shall be administered in accordance with 19 the provisions of subchapter 5 of chapter 7 of Title 32, except that interest 20 earned on the fund shall be retained in the fund. Into the fund shall be 21 deposited proceeds from grants, donations, contributions, appropriations, and VT LEG 122518.1 BILL AS INTRODUCED H.843 2000 Page 54 1 any other revenue authorized by law. The fund shall be used only for the 2 purpose of providing matching funds for the individual development savings 3 program as established in this section, and to provide grants to service 4 providers for administrative expenses of administering the program. 5 (2) The agency may make grants from the individual development 6 matching grant special fund to service providers to provide the match for 7 approved savings plans with enrolled savers. The amount and number of 8 grants shall be calculated quarterly by the agency based on the number of 9 savers and the amounts included in their approved plans administered by each 10 service provider so that payment of the maximum match is ensured for all 11 savers for the period for the approved savings plans without exceeding the 12 balance in the fund. The agency may award grants from the fund to service 13 providers to cover their expenses of training and counseling savers, and to 14 implement and administer the individual development savings program. The 15 agency may approve the use of interest earnings on grant funds as a portion of 16 approved administrative costs. 17 (d) The agency and the service providers, separately or cooperatively, may 18 solicit grants and private contributions for the individual development 19 matching grant special fund. The monies solicited may not be earmarked for 20 specific uses. 21 (e) No portion of an account established under this section, including VT LEG 122518.1 BILL AS INTRODUCED H.843 2000 Page 55 1 interest and matching funds, shall be considered income for purposes of the 2 state income tax under chapter 151 of Title 32, except that distributions of 3 accumulated interest shall be taxable in the year of termination of a savings 4 plan unless used for an eligible use. 5 Subchapter 4. Administrative Provisions 6 § 1131. ADMINISTRATIVE IMPROVEMENTS 7 For the purpose of improving the family development programs 8 administered by the departments within the agency of human services, 9 including the Reach Up program, the secretary shall: 10 (1) Design and implement a quality assurance function for the case 11 management component of the Reach Up program to ensure that appropriate 12 services are being provided to families enrolled in the program. 13 (2) Continue to improve caseload and expenditure forecasting for all 14 social welfare programs. 15 (3) Develop standards and procedures for the training of qualified case 16 managers in the Reach Up program. 17 § 1132. NOTICE AND APPEAL 18 (a) A participant may appeal the provisions of a family development plan 19 in accordance with section 3091 of Title 3. The commissioner shall provide 20 notice to each participant of the standards and procedures applicable to such 21 appeals. All federal and agency of human services rules regarding VT LEG 122518.1 BILL AS INTRODUCED H.843 2000 Page 56 1 conciliation, notice, hearing, and appeal shall be followed in connection with 2 such appeals. 3 (b) A participant shall receive notice and an opportunity for conciliation, 4 hearing, and appeal in accordance with all applicable federal and agency of 5 human services rules before Reach Up sanctions are applied to the participant. 6 (c) A participant shall continue to receive financial assistance payments 7 pending appeal to the human services board of Reach Up sanctions if the 8 appeal is received prior to the effective date of the proposed sanctions. 9 § 1133. TRANSITION FROM WELFARE RESTRUCTURING PROJECT 10 TO REACH UP PROGRAM 11 (a) The commissioner shall restructure the system of Aid to Needy 12 Families with Children in accordance with the provisions of this chapter. The 13 restructuring shall be carried out on a statewide basis. The restructured 14 program shall be reconstituted as the Reach Up program. 15 (b) The commissioner shall ensure that representatives of participating 16 families, representatives of community agencies, and representatives of the 17 department staff play an active role in the planning, implementation, and 18 evaluation of the restructuring required by this chapter. 19 (c) The commissioner shall develop a plan and adopt rules to phase current 20 members of the existing ANFC caseload into the new Reach Up program. VT LEG 122518.1 BILL AS INTRODUCED H.843 2000 Page 57 1 (d) Notwithstanding any other provision of law, able-bodied single parents 2 and able-bodied parents in two-parent families in which one parent is 3 incapacitated who are receiving Aid to Needy Families with Children 4 ("ANFC") and have their families' eligibility for and amount of ANFC 5 benefits determined in accordance with welfare restructuring project rules that 6 include a work requirement, in accordance with Sec. 10(a) of Act No. 106 of 7 1994 shall be deemed work ready as follows: 8 (1) Parents in families who have received 28 or more cumulative months 9 of ANFC benefits before November 1, 2000, shall be deemed work ready as of 10 January 1, 2001. 11 (2) Parents in families who have received their 28th cumulative month 12 of ANFC benefits during the period beginning November 1, 2001, and ending 13 on April 30, 2001 shall be deemed work ready as of the first day of the 30th 14 cumulative month of having received ANFC benefits. 15 (3) Two months prior to being deemed work ready in accordance with 16 subdivisions (1) and (2) of this subsection, parents shall work with their case 17 manager, if necessary, to prepare or include in their family development plan 18 their participation in TANF-countable work activities, as specified by rule, that 19 are sufficient to meet their weekly hours of work requirement. 20 (4) During the period from November 1, 2000, through June 30, 2001, 21 the parents subject to this subsection shall also be subject to the exemption VT LEG 122518.1 BILL AS INTRODUCED H.843 2000 Page 58 1 policies defined in Sec. 11 and the sanction policies defined in Sec. 12 of Act 2 No. 106 of 1994. 3 (e) Notwithstanding any other provision of law, able-bodied parents and 4 caretakers in families in which one or both of the ANFC children's parents are 5 absent and able-bodied parents in two-parent families in which one parent is 6 incapacitated shall be deemed job or work-ready as follows: 7 (1) Parents in families who, subsequent to June 30, 1994, have received 8 at least 22 cumulative months of ANFC benefits by July 1, 2001, shall be 9 deemed job- or work-ready no later than September 1, 2001. 10 (2) Parents in families who, subsequent to June 30, 1994, have received 11 at least 16 cumulative months of ANFC benefits by September 1, 2001 shall be 12 deemed job- or work-ready no later than November 1, 2001. 13 (3) Parents in families who, subsequent to June 30, 1994, have received 14 at least 10 cumulative months of ANFC benefits by November 1, 2001 shall be 15 deemed job- or work-ready no later than January 1, 2002. 16 (4) Parents in families who, subsequent to June 30, 1994, have received 17 at least 10 cumulative months of ANFC benefits by January 1, 2002 shall be 18 deemed job- or work-ready no later than March 1, 2002. 19 (5) Parents in families who, subsequent to June 30, 1994, have received 20 at least 10 cumulative months of ANFC benefits by March 1, 2002 shall be 21 deemed job- or work-ready no later than May 1, 2002. VT LEG 122518.1 BILL AS INTRODUCED H.843 2000 Page 59 1 (f) Notwithstanding any other provision of law and effective May 1, 2001, 2 able-bodied parents who are not the primary caretaker in two-parent families 3 that have received ANFC benefits for at least 10 cumulative months shall be 4 deemed job- or work-ready as of July 1, 2001. 5 (g) All parents deemed job- or work-ready, as provided in subsections (b) 6 and (c) of this section: 7 (1) Shall work with their case manager during the two months prior to 8 being deemed job- or work-ready to complete their assessment and prepare a 9 family development plan that requires their participation in TANF-countable 10 work activities, as specified by rule, that are sufficient to meet the parent's 11 work requirement as specified in section 1113 of this title; and 12 (2) Shall be subject to the deferments and modifications provisions of 13 section 1114 of this title, and the work incentive and sanctions provisions of 14 section 1115 of this title. 15 § 1134. PROGRAM EVALUATION AND LEGISLATIVE OVERSIGHT 16 (a) The commissioner shall design and implement procedures to evaluate, 17 measure and report to the governor and the general assembly on or before 18 January 1 of each year the department's progress in implementing the Reach 19 Up program and achieving the goals of the program provided for in section 20 1102 of this title. The report shall include: VT LEG 122518.1 BILL AS INTRODUCED H.843 2000 Page 60 1 (1) The types of barriers facing Reach Up families seeking economic 2 self-sufficiency, the number of families with each type of barrier, and the 3 frequency of occurrence of each type of barrier. 4 (2) Tracking data (including separate tracking for children and adults) 5 on Food Stamp eligibility versus Food Stamp participation, including the 6 number of ANFC households (including separate data for children and adults) 7 that received financial assistance before July 1, 2001 and that no longer 8 receive financial assistance, and including the department's plan to identify 9 and assist eligible households to apply for Food Stamps. 10 (3) An assessment of the progress made by the agency of human 11 services, the department of family development and health access, the 12 department of education, the department of employment and training, and the 13 human resources investment council toward coordinating and integrating 14 services pursuant to section 1107(e) of this title, and the resulting outcomes. 15 (4) An evaluation of the Reach Up program by participating families. 16 (5) Documentation of participant outcomes, including specific 17 information relating to the number of persons employed, by occupation, 18 industry and wage; the types of subsidized and unsubsidized jobs secured by 19 participants; the impact on the Reach Up program on children, including 20 objective indicators of improved conditions; and the number of participating 21 families involved in training programs. VT LEG 122518.1 BILL AS INTRODUCED H.843 2000 Page 61 1 (6) A description of the case management system and the training of 2 case managers, and an assessment of the effectiveness of the case management 3 system in addressing the barriers of participating families and meeting the 4 other goals of the Reach Up program. 5 (7) A summary of all interim and final reports submitted by independent 6 evaluation contractors to the agency or the department relating to the Reach Up 7 program. 8 (b) The commissioner's report under subsection (a) of this section on 9 January 1, 2001 shall include a report by the commissioner and the 10 commissioner of education and the commissioner of employment and training 11 on the progress they have made toward planning and implementing effective 12 and coordinated delivery of adult education services, including adult technical 13 education, for all clients, including welfare recipients. The commissioners 14 shall include in such report how the plan is coordinated with the federal 15 workforce investment act and Vermont's unified plan, and the progress made 16 toward the use of a uniform assessment tools and procedures for clients 17 entering the system, pursuant to sections 1101(3) and 1106(a) of this title. 18 (c) On January 1, 2002 and every three years thereafter, the secretary shall 19 contract for an independent evaluation of the Reach Up program, including the 20 specific issues identified in subsection (a) and subsection (b) of this section. VT LEG 122518.1 BILL AS INTRODUCED H.843 2000 Page 62 1 (d) On January 15, 2005, January 15, 2006, and January 15, 2007, the 2 commissioner shall report to the house and senate committees on health and 3 welfare and appropriations on families' receipt of aid authorized by this 4 chapter. Such reports shall include: 5 (1) For the report due on January 15, 2005, from among all families 6 receiving TANF-funded aid during the period from July 1, 2001, through 7 September 30, 2004, the number of families that received such aid for no more 8 than six cumulative months, more than six but no more than 12 cumulative 9 months, more than 12 but no more than 18 cumulative months, more than 18 10 but no more than 24 cumulative months, more than 24 but no more than 30 11 cumulative months, and more than 30 cumulative months. 12 (2) For the report due on January 15, 2006, from among all families 13 receiving TANF-funded aid during the period from July 1, 2001, through 14 September 30, 2005, the number of families that received such aid for no more 15 than six cumulative months, more than six but no more than 12 cumulative 16 months, more than 12 but no more than 18 cumulative months, more than 18 17 but no more than 24 cumulative months, more than 24 but no more than 30 18 cumulative months, more than 30 but no more than 36 cumulative months, 19 more than 36 but no more than 42 cumulative months, and more than 42 20 cumulative months. VT LEG 122518.1 BILL AS INTRODUCED H.843 2000 Page 63 1 (3) For the report due on January 15, 2007, from among all families 2 receiving TANF-funded aid during the period from July 1, 2001, through 3 September 30, 2006, the number of families that received such aid for no more 4 than six cumulative months, more than six but no more than 12 cumulative 5 months, more than 12 but no more than 18 cumulative months, more than 18 6 but no more than 24 cumulative months, more than 24 but no more than 30 7 cumulative months, more than 30 but no more than 36 cumulative months, 8 more than 36 but no more than 42 cumulative months, more than 42 but no 9 more than 48 cumulative months, more than 48 but no more than 54 10 cumulative months, and more than 54 cumulative months. 11 (4) For each report, an estimate, for federal fiscal years 2008, 2009, and 12 2010, of the average proportion of the monthly TANF-funded caseload that 13 will include an adult family member who has received TANF-funded aid, as an 14 adult, 60 or more months in his or her lifetime. 15 (5) When such proportion exceeds 20 percent, an assessment, based on 16 an assumption of level funding in future years, of whether general funds will 17 be sufficient in federal fiscal years 2008, 2009, and 2010, to support aid 18 authorized by this chapter to fund aid for those families in excess of 20 percent 19 while, at the same time, providing aid and services, supported solely by general 20 funds, to other families as authorized by this act. VT LEG 122518.1 BILL AS INTRODUCED H.843 2000 Page 64 1 (6) When such assessment is that general funds will be insufficient to 2 fund aid for all such families, the modifications in policy, appropriated general 3 funds, or combination thereof that the commissioner recommends to support 4 families receiving aid under this chapter in their achievement of self- 5 sufficiency and to protect the children in these families. 6 (e) Beginning January 15, 2008, and annually thereafter, the commissioner 7 shall report to the house and senate committees on health and welfare and 8 appropriations on families' long-term receipt of aid authorized by this chapter. 9 Such reports shall include: 10 (1) the number of families receiving aid in the most recent federal fiscal 11 year that included an adult family member who has received TANF-funded 12 aid, as an adult, 60 or more months in his or her lifetime; 13 (2) the average proportion of the monthly TANF-funded caseload during 14 the same fiscal year that such families represent; 15 (3) when such proportion exceeds 20 percent, the sufficiency of general 16 funds appropriated to support aid authorized by this chapter to fund aid for 17 those families in excess of 20 percent while, at the same time, providing aid 18 and services, supported solely by general funds, to other families as authorized 19 by this act; and 20 (4) when appropriated general funds are insufficient to fund aid for all 21 such families, the modifications in policy, appropriated general funds, or VT LEG 122518.1 BILL AS INTRODUCED H.843 2000 Page 65 1 combination thereof that the commissioner recommends to support families 2 receiving aid under this chapter in their achievement of self-sufficiency and to 3 protect the children in these families. 4 (f)(1) The joint fiscal office and the legislative council shall gather existing 5 data regarding capacity and demand for child care, adult technical education, 6 adult basic education, and Vermont student assistance corporation nondegree 7 grants in order to determine: 8 (A) their capacity to provide services; 9 (B) the demand for these services, including the need that will result 10 from implementation of this act; 11 (C) the gap between capacity and demand; and 12 (D) potential costs of increasing capacity to fill the gap by January 13 2002. 14 (2) The joint fiscal office and the legislative council shall report on the 15 information gathered pursuant to this subsection to the general assembly on or 16 before January 1, 2001. 17 (g) The legislative Reach Up oversight committee is created, consisting of 18 four members of the house appointed by the speaker: two members from the 19 health and welfare committee, one member from the education committee and 20 one member from the appropriations committee; and four members of the 21 senate appointed by the committee on committees: two members from the VT LEG 122518.1 BILL AS INTRODUCED H.843 2000 Page 66 1 health and welfare committee, one member from the education committee and 2 one member from the appropriations committee. The committee shall provide 3 legislative oversight of the department's progress in implementing the 4 provisions of this chapter. The committee may meet after adjournment at the 5 call of the chair for no more than six times. Members shall be entitled to 6 receive per diem compensation and reimbursement of expenses in accordance 7 with section 406 of Title 2. At the request of the committee, the commissioner 8 and any agency or instrumentality of the state shall provide such information 9 as the committee determines is necessary to carry out its responsibilities under 10 this section. The oversight committee shall cease to exist on January 1, 2003. 11 Sec. 2. 16 V.S.A. § 2878a is added to read: 12 § 2878a. PARTICIPATION AGREEMENTS FOR SAVINGS PLAN; 13 INDIVIDUAL DEVELOPMENT SAVINGS ACCOUNTS 14 The corporation may participate in the individual development savings 15 program established under section 1123 of Title 33, in accordance with the 16 rules of the agency of human services adopted thereunder, in connection with 17 an individual or family who, at the time of depositing funds into an account 18 created pursuant to a Vermont higher education savings plan, receives public 19 assistance or is otherwise an eligible saver under section 1123 of Title 33. 20 VT LEG 122518.1 BILL AS INTRODUCED H.843 2000 Page 67 1 Sec. 3. 32 V.S.A. § 5829 is added to read: 2 § 5829. TAX CREDIT; INDIVIDUAL DEVELOPMENT ACCOUNT FUND 3 CONTRIBUTIONS 4 A taxpayer of this state shall be allowed a credit against the income tax 5 imposed under section 5822 or 5832 of this title, or against the state franchise 6 tax liability imposed under section 5836 of this title in the amount of four 7 percent of the amount contributed to the individual development savings 8 special fund during the taxable year. 9 Sec. 4. REDESIGNATION OF THE DEPARTMENT OF SOCIAL 10 WELFARE AS THE DEPARTMENT OF FAMILY DEVELOPMENT 11 AND HEALTH ACCESS 12 The term "department of social welfare" is amended to read "department of 13 family development and health access" wherever such term appears in the 14 Vermont Statutes Annotated. The term "commissioner of social welfare" is 15 amended to read "commissioner of family development and health access" 16 wherever such term appears in the Vermont Statutes Annotated. 17 Sec. 5. APPROPRIATION 18 (a) The sum of $250,000 is appropriated from the general fund to the 19 agency of human services in fiscal year 2002 to carry out the purposes of 33 20 V.S.A. § 1123 and Secs. 2 and 3 of this act (individual development savings 21 program). The sum of $750,000.00 is transferred in fiscal year 2002 from the VT LEG 122518.1 BILL AS INTRODUCED H.843 2000 Page 68 1 human services caseload management reserve to the agency of human services 2 to carry out the purposes of 33 V.S.A. § 1123 and Secs. 2 and 3 of this act 3 (individual development savings program), provided that such transferred sum 4 shall be returned to the human services caseload management reserve in the 5 following manner: $250,000.00 is appropriated from the general fund in fiscal 6 year 2003 to the human services caseload management reserve; $250,000.00 is 7 appropriated from the general fund in fiscal year 2004 to the human services 8 caseload management reserve; 250,000.00 is appropriated from the general 9 fund in fiscal year 2005 to the human services caseload management reserve. 10 (b) The sum of $250,000.00 is appropriated from the general fund to the 11 Vermont student assistance corporation in fiscal year 2002 to carry out the 12 purposes of 33 V.S.A. § 1123 and Secs. 2 and 3 of this act (individual 13 development savings program). 14 Sec. 6. EFFECTIVE DATE 15 This act shall take effect on July 1, 2001, except that the provisions of 33 16 V.S.A. § 1133 (transition from welfare restructuring project to Reach Up 17 program) shall take effect on November 1, 2000, and except further that the 18 secretary of human services, the commissioner of family development and 19 health access, the board of education, and the commissioner of employment 20 and training shall have the power to adopt rules necessary to carry out the 21 purposes of this act upon passage. VT LEG 122518.1


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