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S.2876
Building Secure and Healthy Families Act of 2002 (Introduced in
Senate)
SEC. 4. IMPROVEMENT OF ADDRESSING THE NEEDS OF TEEN PARENTS.
(a) AUTHORITY TO PROVIDE ASSISTANCE TO TEENAGE PARENTS IN ORDER FOR THE
PARENTS TO COMPLY WITH PROGRAM REQUIREMENTS-
Section 408(a) of the Social Security Act (42 U.S.C. 608(a)) is
amended--
(A) by striking `A State' and inserting the following:
`(A) IN GENERAL- Subject to subparagraph (B), a State';
(B) by striking `participate in' and all that follows through the
period and inserting `participate in educational activities directed
toward the attainment of a high school diploma or its equivalent or an
alternative educational or training program that has been
approved by the State.'; and
(C) by adding at the end the following:
`(B) EXCEPTION- A State may elect to provide assistance for a period
determined by the State (not to exceed the greater of 90 days or until the
educational activities in which the parent is enrolled begins) to assist
the parent to come into compliance with the requirements of this
paragraph.'; and
(A) in subparagraph (A)(i), by striking `subparagraph (B)' and
inserting `subparagraphs (B) and (C)';
(B) in subparagraph (B), in the heading, by striking `EXCEPTION' and
inserting `LOCATING APPROPRIATE LIVING ARRANGEMENTS'; and
(C) by adding at the end the following:
`(C) EXCEPTION- A State may elect to provide assistance for a period
determined by the State (not to exceed 90 days) to assist the parent to
come into compliance with the requirements of this paragraph.'.
(b) INCLUSION OF TEEN PARENTS ATTENDING SCHOOL IN WORK PARTICIPATION
RATES- Section 407(c)(2)(C) of the Social Security Act (42 U.S.C.
607(c)(2)(C)) is amended to read as follows:
`(C) TEEN HEAD OF HOUSEHOLD WHO MAINTAINS SATISFACTORY SCHOOL
ATTENDANCE DEEMED TO BE MEETING WORK PARTICIPATION REQUIREMENTS- For
purposes of determining monthly participation rates under subsection
(b)(1)(B)(i)--
`(i) a recipient who is a head of household and has not yet attained
age 20 is deemed to be engaged in work for a month in a fiscal year if
the recipient--
`(I) maintains satisfactory attendance at secondary school or the
equivalent during the month;
`(II) participates in education directly related to employment,
including vocational education and training for nontraditional
jobs, for at least 20 hours per week; or
`(III) participates in post-secondary education, including study
time for not less than 1 hour, nor more than 2 hours, per every class
hour, for at least 20 hours per week; or
`(ii) a recipient who is a head of household is deemed to be engaged
in work for a month in a fiscal year if the recipient is participating
in a continuous course or program of education or training described in clause (i)
that the individual began before attaining age 20.'.
(c) EXCLUSION FROM TIME LIMIT FOR RECEIPT OF ASSISTANCE- Section 408(a)(7)
of the Social Security Act (42 U.S.C. 608(a)(7)) is amended by adding at the
end the following:
`(H) TEEN PARENTS- In determining the number of months for which an
individual has received assistance under the State program funded under
this part, the State shall disregard any month during which a head of
household, who has not yet attained age 20, is satisfactorily
participating in a course or program of education or training , including secondary
school or its equivalent, vocational education, or post-secondary
school.'.
(d) REPORTS ON TEEN PREGNANCIES AND TEEN PARENTS-
(1) ELIMINATION FROM SECRETARIAL REPORT OF OUT-OF-WEDLOCK PREGNANCIES
AND INCLUSION OF TEENAGE PREGNANCIES- Section 411(b)(1)(B)(ii) of the Social
Security Act (42 U.S.C. 611(b)(1)(B)(ii)) is amended by striking
`out-of-wedlock' and inserting `teenage'.
(2) STUDIES ON TEEN PARENTS- Section 413 of the Social Security Act (42
U.S.C. 613) is amended by adding at the end the following:
`(k) TEEN PARENT STUDY AND REPORT-
`(1) STUDY OF TANF
RECIPIENTS- The Secretary shall conduct a study of a representative sample
of recipients of assistance under State programs funded under this part who
are parents and have not attained age 20 to determine the following:
`(A) Whether State data on the number of such recipients is accurately
reflected in Federal data, including an examination of the extent to which
such recipients who are members of a family are not reflected in the data,
and an examination of the extent to which Federal estimation methods do
not reflect the number of such recipients in a State.
`(B) What assessment procedures are utilized with such recipients, and
whether there appear to be best practices that consider such issues as
whether the recipient has an educational barrier such as a learning
disability or mental health problem.
`(C) Whether localities appear to have adequate and appropriate
services that meet the needs of such recipients in areas such as infant
care, education, training ,
and mental health, for services such as appropriate housing, mental
health, and alternative education, whether staff assist teen parents in
researching and locating such services including an appropriate living
arrangement, and the extent to which such recipients who have not
completed high school or the equivalent are encouraged to engage in
education or work.
`(D) How State rules providing that, in determining the eligibility of
such a recipient for such assistance, the income of the recipient is
deemed to include the income of any parents with whom the recipient is
living, appear to have affected the extent to which such a recipient who
is a member of a family with income less than 200 percent of the poverty
line (as defined in section 673(2) of the Omnibus Budget Reconciliation
Act of 1981, including any revision required by such section, applicable
to a family of the size involved) is able to participate in a State
program funded under this part.
`(E) Demographic information such as--
`(i) the age of such recipients;
`(ii) the amount of time such recipients received such assistance in
a given year;
`(iii) the number of children that such recipients have;
`(iv) school attainment by such recipients, by age;
`(v) the employment status of such recipients, such as whether a
recipient has ever worked or has worked while in school; and
`(vi) the child care arrangements of such recipients.
`(2) STUDY OF LOW-INCOME TEEN PARENTS WHO ARE NOT TANF RECIPIENTS- The Secretary shall
conduct a study of a representative sample of low-income (as determined by
the Secretary) teen parents who are not recipients of assistance under a
State program funded under this part to determine the following:
`(A) Whether the teen parent sought to apply for such
assistance.
`(B) Whether a teen parent who indicated to a State a desire to apply
for such assistance received an application for such assistance.
`(C) Whether a teen parent who applied for such assistance was
subsequently contacted by the State agency responsible for operating a
State program funded under this part.
`(3) REPORT TO THE CONGRESS-
`(A) IN GENERAL- Within 3 years after the date of enactment of this
subsection, the Secretary shall submit to Congress a report that contains
the findings of the study required by this subsection and recommendations
regarding such issues as how to improve data reporting, State plans, State
`best practice' information-sharing, and assessments.
`(B) ADVISORY GROUP- The Secretary shall establish an advisory group
consisting of representatives from not more than 6 organizations that work
with parents who have not attained age 20, to provide advice to the
Secretary on questions relating to such parents that should be
investigated and to provide comments to accompany the recommendations in
the report required by subparagraph (A). The advisory group established
under this subparagraph shall include a representative from the
Association of Maternal and Child Health Programs, the National
Organization on Adolescent Pregnancy Parenting and Prevention and a single
parent receiving assistance under the State program funded under this part
who has not attained age 20.
`(l) STUDY REGARDING SANCTIONS IMPOSED ON TEEN PARENTS-
`(1) IN GENERAL- The Secretary, directly or through grants, contracts,
or interagency agreements, shall conduct a multi-State study regarding
sanctions imposed on teen parents to examine the nature, extent, and impact
of such sanctions.
`(2) CONTENTS- The study conducted pursuant to paragraph (1) shall
include information on--
`(A) which rules are generating the most sanctions;
`(B) whether families with teen parents and those headed by teen
parents are sanctioned at rates higher than families headed by
adults;
`(C) whether sanction policies are understood by teen parents in
advance of sanction;
`(D) whether sanction notice procedures and mechanisms for cure are
understood by teen parents;
`(E) whether sanction notice procedures and mechanisms for cure are
understood by local welfare officials;
`(F) best practices from the study sites or elsewhere that would help
States improve their sanctions systems;
`(G) what is known about the impacts of sanctions on families with
teen parents; and
`(H) how a State might best collect and analyze local teen parent
sanction data in order to use the data as an in-State program management
tool.
`(3) REPORT TO CONGRESS- Not later than September 30, 2004, the
Secretary shall submit to Congress the results of the study conducted
pursuant to paragraph (1).'.
SEC. 5. ENSURING SAFETY AND SELF-SUFFICIENCY FOR ALL TANF RECIPIENTS.
(a) ADDRESSING DOMESTIC OR SEXUAL VIOLENCE IN THE TANF PROGRAM- Section 402(a)(7) of the
Social Security Act (42 U.S.C. 602(a)(7)) is amended to read as follows:
`(7) CERTIFICATIONS REGARDING DOMESTIC OR SEXUAL VIOLENCE-
`(A) GENERAL PROVISIONS- A certification by the chief executive
officer of the State that the State has established and is enforcing
standards and procedures to ensure domestic or sexual violence is
comprehensively addressed, and a written document outlining how the State
will do the following:
`(i) Address the needs of applicants or recipients or their families
who are or have been subjected to domestic or sexual violence or are at
risk of future such violence, including how the State will--
`(I) have trained caseworkers identify, and, at the option of the
individual, assess individuals who are or have been subjected to
domestic or sexual violence or are at risk of future such
violence;
`(II) adequately inform each individual of eligibility and program
requirements, confidentiality provisions, domestic or sexual violence
services available within the community and within the program funded
under this part, good cause exemptions modification and waiver of
program requirements on the basis of domestic or sexual violence,
benefits eligibility for immigrant victims of domestic or sexual
violence, and the procedures to obtain such modifications, waivers,
benefits, and services;
`(III) refer individuals who are or have been subjected to
domestic or sexual violence or are at risk of future such violence to
community-based domestic or sexual violence programs or other
supportive services, modify or waive eligibility or program
requirements or prohibitions to address domestic or sexual violence
barriers, and ensure such individual's access to job training , vocational
rehabilitation, child care, and other employment-related services as
appropriate;
`(IV) implement procedures to maintain the privacy and
confidentiality of applicants and recipients identified as being or
having been subjected to domestic or sexual violence and restrict the
disclosure of any identifying information obtained through any process
or procedure implemented pursuant to this paragraph absent the
individual's written consent or unless otherwise required to do so
under law;
`(V) pursuant to a determination of good cause, waive, without
time limit, any Federal or State eligibility or program requirement or
prohibition for so long as necessary, in every case in which domestic
or sexual violence has been verified for any individual or family
receiving assistance under this part and the requirement makes it more
difficult for the individual to address, escape or recover from the
violence, unfairly penalizes the individual, or makes the individual
or any child of the individual unsafe; and
`(VI) provide policies and procedures regarding verification of
past, present, or the risk of future domestic or sexual violence that
are flexible and not unduly burdensome, including accepting any one of
the following forms of verification: documentation from police, court,
medical or social service agencies, domestic or sexual violence
counselors or organizations or others who have had contact with the
applicant or recipient, written statements from third parties
knowledgeable of the individual's circumstances, and signed written
statements from the applicant or recipient.
`(ii) Coordinate or contract with State or tribal domestic or sexual
violence coalitions or domestic or sexual violence programs in the
development and implementation of standards, procedures, training , and programs required
under this part to address domestic or sexual violence.
`(iii) Train caseworkers for recipients of assistance under the
State program funded under this part in--
`(I) the nature and dynamics of domestic or sexual violence and
the ways in which such violence may act to obstruct the economic
security or safety of the individual and any child of the
individual;
`(II) the standards, policies, and procedures implemented pursuant
to this part, including the individual's rights and protections, such
as notice and confidentiality;
`(III) how to screen for, and identify when, domestic or sexual
violence creates barriers to compliance, how to make effective
referrals for services, and how to modify eligibility and program
requirements and prohibitions to address domestic or sexual violence
barriers; and
`(IV) the process for determining good cause for noncompliance
with an eligibility or program requirement or prohibition and granting
waivers of such requirements.
`(iv) At State option, enter into contracts with or employ qualified
professionals for the provision of services in each of the fields of
domestic or sexual violence.
`(B) DEFINITIONS- In this part:
`(i) DOMESTIC OR SEXUAL VIOLENCE- The term `domestic or sexual
violence' has the meaning given the term `battered or subjected to
extreme cruelty' in section 408(a)(7)(C)(iii).
`(ii) QUALIFIED PROFESSIONAL- The term `qualified professional'
includes a State or local organization with recognized expertise in the
dynamics of domestic or sexual violence who has as one of its primary
purposes to provide services to victims of domestic or sexual violence,
such as a sexual assault crisis center or domestic or sexual violence
program, or an individual trained by such an organization.'.
(b) ASSESSMENT- Section 408(b) of the Social Security Act (42 U.S.C.
608(b)) is amended--
(1) in paragraph (1), in the matter preceding subparagraph (A), by
striking `and employability' and inserting `employability, and potential
barriers, including domestic or sexual violence, mental or physical health,
learning disability, substance abuse, English as a second language, child
care needs, insufficient housing, or transportation'; and
(2) in paragraph (2)(A)--
(A) in clause (iv), by striking `and' at the end;
(B) in clause (v), by striking the period and inserting a semicolon;
and
(C) by adding at the end the following:
`(vi) documents the individual's receipt of adequate notice of
program requirements, confidentiality provisions, assessment and program
services, and waivers available to individuals who have or may have been
subjected to domestic or sexual violence or are at risk for future such
violence, as well as the process to access such services or waivers;
and
`(vii) may not require the individual to participate in services to
address domestic or sexual violence.'.
(c) REVIEW AND CONCILIATION PROCESS- Section 408(a) of the Social Security
Act (42 U.S.C. 608(a)), as amended by section 3, is amended by adding at the
end the following:
`(13) REVIEW AND CONCILIATION PROCESS FOR FAMILIES SUBJECTED TO DOMESTIC
OR SEXUAL VIOLENCE-
`(A) IN GENERAL- A State to which a grant is made under section 403
shall not impose a sanction or penalty against an individual under the
State program funded under this part on the basis of noncompliance by an
individual or family with a program requirement where domestic or sexual
violence is a significant contributing factor in the
noncompliance.
`(B) REQUIREMENT- Prior to imposing a sanction or penalty against an
individual under the State program funded under this part, the State
shall--
`(i) specifically consider whether the individual has been or is
being subjected to domestic or sexual violence; and
`(ii) if such violence is identified--
`(I) make a reasonable effort to modify or waive program
requirements or prohibitions; and
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