Copyright 2002 eMediaMillWorks, Inc.
(f/k/a Federal
Document Clearing House, Inc.)
Federal Document Clearing House
Congressional Testimony
April 11, 2002 Thursday
SECTION: CAPITOL HILL HEARING TESTIMONY
LENGTH: 3575 words
COMMITTEE:
HOUSE WAYS AND MEANS
SUBCOMMITTEE:
HUMAN RESOURCE
HEADLINE: WELFARE OVERHAUL PROPOSALS
TESTIMONY-BY: PAUL MARCHAND,, ASSISTANT EXECUTIVE
DIRECTOR,
AFFILIATION: POLICY AND ADVOCACY, ARC
BODY: Statement of
Paul Marchand, Assistant
Executive Director, Policy and Advocacy, Arc, and Co-Chair,
TANF Task Force, Consortium for Citizens with Disabilities
Testimony Before the Subcommittee on Human Resources of the House
Committee on Ways and Means
Hearing on Welfare Reform
Reauthorization Proposals
April 11, 2002
Mr. Chairman, members
of the Subcommittee, I am Paul Marchand, the Assistant Executive Director for
Policy and Advocacy at The Arc, and co-chair of the Consortium for Citizens with
Disabilities'
TANF Task Force. I am accompanied today by Laurel
Stine, the Director of Federal Relations at the Judge David L. Bazelon Center
for Mental Health Law, and co-chair of the CCD
TANF Task Force.
The Consortium for Citizens with Disabilities (CCD) is a coalition of
approximately 100 national consumer, advocacy, provider and professional
organizations headquartered in Washington, DC. We work together to advocate for
national public policy that ensures the self determination, independence,
empowerment, integration and inclusion of children and adults with disabilities
in all aspects of society. The CCD advocates on behalf of people of all ages
with physical and mental disabilities and their families through organized Task
Forces on such issues as housing, health care, education, and welfare reform.
The CCD
TANF Task Force seeks to ensure that families that
include persons with disabilities are afforded equal opportunities and
appropriate accommodations under the Temporary Assistance for Needy Families
block grant. Included in my written statement is the governing document for our
task force. Principles Guiding the Reauthorization of
TANF
spells out the key principles that we believe should underlie improvements in
TANF reauthorization from a disability perspective. The
recommendations included in my statement also appear in a second governing
document for the task force; these recommendations describe the steps we believe
are needed to implement those principles in ways that will help parents with
disabilities and parents caring for children with disabilities to be able to
maximize their potential through the
TANF program.
We
start from the premise that all people with disabilities must have the
opportunity to maximize their potential -including to be able to work -and that
it is the legal obligation of the government - federal, state and local -to
ensure that people with disabilities have equal and meaningful access to all
programs receiving federal funds. This is the promise of the Americans with
Disabilities Act and Section 504 of the Rehabilitation Act of 1973, both of
which Congress specifically incorporated into the
TANF statute
in 1996 at Section 408(c), 42 U.S.C. S608(c).
It is still common for
policymakers not to realize that many people with disabilities are in the
families being served by
TANF programs. Early in the process of
welfare reform, the thinking among many state level policymakers was, if the
person was really disabled then she would be receiving Supplemental Security
Income. And, for some parents and children on
TANF, it is true
that they should be receiving SSI and may need their state's help in securing
these benefits. But, the SSI eligibility criteria require a severe disability
and we are finding that there are many who do not meet the SSI test but who
clearly are disabled for
TANF purposes. The studies now show
that many parents on
TANF have disabilities and other health
conditions that inhibit their ability to work, but who with appropriate supports
and services, could be working. Last fall, the General Accounting Office found
that 44 percent of parents receiving
TANF had at least one
physical or mental health impairment, three times higher than the rate of such
impairments among adults not receiving
TANF benefits.[1] This
confirmed earlier findings from the Urban Institute and others.[2]
The
studies show that parents on
TANF have mental impairments such
as severe depression, general anxiety disorder, post- traumatic stress disorder,
learning disabilities, mental retardation, and physical impairments. These
impairments can make it difficult for a parent to work or to understand and
comply with state rules. Many families have multiple barriers to work, one or
more of which is a disability or health condition.[3] In many instances, parents
would like to work but will need intensive supports and services if they are to
succeed. Some examples of these supports include
training
designed to take into account the person's disability, counseling, substance
abuse treatment, on-the-job supports, child care and transportation. For some,
full-time work may be the long-term goal, but there will need to be numerous
smaller steps taken over time before such a goal can be reached. For others,
part-time work in a supportive setting may be the ultimate goal.
There
also are children with disabilities in
TANF families. Some of
these children receive SSI -the Urban Institute has reported that about four
percent of children in
TANF families receive SSI children's
disability benefits[4] -while far more have health conditions that do not rise
to the SSI level of severity but who nevertheless require constant parental care
and attention. For example, the Manpower Demonstration Research Corporation,
studying
TANF recipient families in four urban counties -Los
Angeles, CA, Philadelphia, PA, Miami-Dade, FL, and Cuyahoga County, OH
(Cleveland) -found that one-fourth of non-employed mothers receiving
TANF had a child with an illness or disability that limited the
mothers' ability to workor attend school.[5]
Our sense it that the
picture over the past five years as it applies to people with disabilities is
mixed. Some parents with disabilities are now working but many others have been
inappropriately sanctioned and lost
TANF or have not received
the services and supports they will need -often on a long-term basis -in order
to take the steps that will ultimately allow them to work or achieve a greater
degree of independence. Even among those who are working, we are concerned that
some may be struggling to hang on to jobs and need additional supports and
services to succeed. We were very pleased last year when the Office for Civil
Rights at HHS issued guidance to states and counties explaining how the ADA and
Section 504 apply in the
TANF program.[6] This important step
has helped to alert states and counties to their obligations to assist people
with disabilities and to focus their attention on the types of policy changes
that will be needed to ensure that people with disabilities are fully protected
and served in their programs.
There is some evidence that some states
are taking steps to assist people with disabilities in their
TANF programs -and some of this evidence pre-dates the OCR
guidance. But, the research reflects that these efforts are still very much in
their infancy and that parents with disabilities and parents caring for children
with disabilities continue to be at a disadvantage in most state
TANF programs. We know, for example, that significant numbers
of parents with disabilities are among those who have been sanctioned off of
state
TANF programs -often because their disability prevented
them from complying. MDRC found that, "[w]elfare recipients with multiple health
problems and with certain health problems (notably, physical abuse, risk of
depression, having a chronically ill or disabled child) were more likely than
other recipients to have been sanctioned in the prior year." And, among those
who had left welfare, "[w]elfare leavers with multiple health problems were more
likely than other women who had left welfare to say that they had been
terminated by the welfare agency rather than that they left on their own
accord."[7]
We also know of numerous disturbing examples of families
with a member with disabilities where the system has failed them -as well as
some for whom the system has worked. Consider, for example, these two parents'
stories, included by the Colorado Governor's Task Force on Welfare Reform in
their report, Moving Forward with Welfare Reform:[8]
Client A:
"A client was tested and had an IQ of 67. She was sent to Vocational
Rehab and then instructed to seek work. She received child care for two
occasions and then was sanctioned in Colorado Works. Her family became homeless
in November 1998 and the children were placed in foster care in December 1998."
Client B:
"A client has an IQ of 67 and is a victim of domestic
violence. There is suspicion of brain damage as a result of abuse. She cannot
communicate well, she is conscientious but has few skills. She has an anxiety
disorder which cannot be treated because of her heart problem. She sees a
physician weekly to manage blood thinning medications. She had surgery for a
valve replacement one year ago. She was assigned to a community college program
which reported that she would be doing fine but then the next day she couldn't
remember what she had learned. It takes the parent approximately one month to
learn a bus route. The county required that she find a job in six months. Later
that expectation was lowered to ten hours of time within her supported living
program."
The description of the steps the state took to help Client B
provides a sense of the types of steps that states will need to take in order to
help some parents with disabilities to maximize their potential. Unfortunately,
no steps -not even ongoing child care for her children -were taken to assist
Client A, with the tragic consequence that she was sanctioned, lost her home,
and then lost custody of her children. It should not be acceptable to the
Congress that even one parent with disabilities or one parent caring for a child
with disabilities faces these types of consequences in
TANF.
Unfortunately, the research suggests that problems like this are all to
frequently occurring across the country, at great personal expense to parents
and children.
The CCD
TANF Task Force recommends that
Congress take the following steps to ensure that parents with disabilities and
parents caring for children with disabilities are able not only to fully benefit
from the
TANF program but also not harmed by policies that do
not take into account the impact of their disabilities on their ability to
comply with program rules:
Screening and Assessment
Ensure that
TANF beneficiaries have access to screening carried out by
trained personnel who use appropriate tools to identify barriers to employment,
including cognitive and learning disabilities, physical impairments, mental
health and substance abuse disorders.
Ensure
TANF
beneficiaries that are identified as having such barriers to employment have
access to comprehensive assessments by qualified professionals.
Ensure
all screening and assessments are voluntary on the part of
TANF
beneficiaries;
TANF beneficiaries should not be subject to a
sanction or closure for failing to participate in a screening or assessment.
Ensure that case workers inform
TANF beneficiaries of
the purpose of screening and assessment including the possibility that
modification of requirements may be made to accommodate identified disabilities.
Ensure results of screening and assessments are maintained in accordance
with professional standards of confidentiality.
States should consider
other documentation of the existence of a disability in a family.
Services
Ensure qualified professionals are responsible for the
development of tailored Individual Responsibility Plans for families that have
been identified as including a person with a disability. Such plans should
include a list of services the state must provide to ensure people with
disabilities have the access to services, supports and treatment that will allow
them to address their barriers to work and be successful in the workplace,
consistent with their abilities and capabilities.
Encourage agencies
administering
TANF to facilitate inter-agency collaboration and
explore co-location of services to facilitate access to the services, support
and treatment that
TANF beneficiaries require to address their
barriers to work.
Repeal the provision in current law that prohibits
those convicted of a drug felony from receiving
TANF
assistance.
Require states to ensure that an adequate network of service
providers with specialized experience and expertise are available and accessible
to meet the needs of
TANF beneficiaries with disabilities.
Work Requirements/Work Participation
Provide flexibility to
states and qualified professionals to ensure reasonable accommodation for
individuals with disabilities by allowing activities that address employment
barriers to count towards meeting work participation requirements.
Activities should include substance abuse treatment, mental health
counseling, education, vocational
training, provision of
child-care, and other activities considered appropriate by the state.
Modify work participation requirements to address and accommodate the
impact that variations in types and severity of disabilities have on work and
support needs, including the reality that some persons with disabilities
currently may not be capable of meeting the generally applicable work
requirements and for some persons with disabilities the ability to work varies
over time because of the episodic nature of disability. Flexibility must be
provided to take into account that some individuals with disabilities are
currently not capable of working. Others are capable of working only on a part
time or limited basis that may not meet the generally applicable work
requirements. Still other are capable of meeting the generally applicable work
requirements but not within the timeframes, or given the nature of the services,
supports, and treatments available. Others may not be capable of meeting
generally applicable work requirements because the individual is a parent of a
child with a disability and the individual is unable to obtain appropriate child
care services.
Ensure that states receive appropriate credit for
providing reasonable accommodations to people with disabilities and ensure that
states are not penalized for failing to meet work participation rates due to (1)
the state making reasonable modification for persons with disabilities, (2) the
state making reasonable modification for a parent with a child with a
disability, and (3) the reality that certain individuals currently are not
capable of meeting the generally applicable work participation requirements.
Time limits
Ensure that a state makes reasonable accommodations
for individuals with disabilities regarding
TANF time limits.
More specifically, the provision in the statute concerning time limits should be
modified to require a state to disregard months of assistance received by an
individual identified as having a significant barrier to employment during any
period in which the state did not provide necessary services and supports to the
individual. Significant barriers include physical or mental impairments
(including substance abuse disorders) that substantially impair an individual's
ability to engage in generally required levels of work and a parent of a child
with a disability if the child's need for parental care results in the parent
being unable to engage in the generally required level of work.
In
addition, the state should be required to disregard months of assistance during
which an individual is unable to engage in the generally required levels of
work.
Sanctions and Closures
Remedy the disproportionate
sanctioning of people with disabilities and prohibit states from sanctioning
individuals with identified disabilities who have not been accommodated. In
other words, states should be prohibited from sanctioning an individual if the
state fails to offer appropriate screenings and assessment or fails to provide
an individual with necessary services and supports that the state knew or should
have known were needed to work or comply with other requirements in the
individual's plan.
Require states to adopt procedures to ensure outreach
and assistance are provided before and after the implementation of a sanction or
a closure to help a family become compliant and prevent people with disabilities
from losing access to the services, support and treatment they may require to
successfully transition to work.
Require states to restore benefits
immediately to a family who has been sanctioned as soon as they become compliant
with agency requirements.
Ensuring Continued Success For People in
Transition to Work
Require states to ensure people with disabilities
have access to transitional benefits, work supports, and other on-the-job
support services and
training to enhance the likelihood they
will remain stably employed. Medicaid coverage should continue for a minimum of
12 months for
TANF leavers and states should have the
flexibility to extend this further.
Require states to plan for the
successful work placement and responsible termination of
TANF
benefits for families that include a person with a disability by ensuring
families have access to on-the-job support services and
training and/or other community-based services to help them
succeed.
Civil Rights
The statute should be amended to require
that a state describe the "methods of administration" it plans to adopt to
ensure compliance with the civil rights statutes, including the ADA, so as to
ensure consistency among job
training programs in the state.
The Department of Labor regulations implementing section 188 of the Workforce
Investment Act already require the adoptions of methods of administration.
Client Assistance/Ombudsman
Require agencies administering
TANF programs to have a designated, independent entity that can
serve as a client assistance advocate or "ombudsman" to serve those families
that include an adult or child with a disability.
Participation in
Program Design
Require states to have client representatives (including
adults with disabilities and parents of children with disabilities) participate
in developing the state
TANF plan.
Require states to
establish Advisory Panels, whose membership includes former and current
TANF beneficiaries with disabilities, which are responsible for
monitoring how the state can improve how it serves people with barriers to work,
including people with disabilities.
Qualified Service Providers &
Technical Assistance
Require states to define 'qualified service
providers' within the
TANF block grant program and set minimum
education,
training, and/or certification or licensure
standards.
Require that state and local agencies develop a plan to
provide on-going
training to service providers to improve the
delivery of services to people with disabilities.
Direct the Department
of Health and Human Services (DHHS) to provide on-going
training and technical assistance to state and local agencies
to improve the delivery of services to
TANF beneficiaries with
disabilities, including grants to states and counties interested in supporting
initiatives to achieve systemic improvements in addressing the needs of persons
with diagnosed and undiagnosed disabilities.
Research
Provide
resources to DHHS for research that will examine families' services and support
needs and whether they are receiving those services to ensure people with
disabilities are being appropriately served under the
TANF
block grant program. This should provide states and counties with examples of
effective best practices in services, assessment tools, and programs designed to
address the needs of parents with barriers; including disabilities, and parents
caring for a child with a disability.
Provide additional resources to
DHHS for competitively awarded demonstration projects to test the effectiveness
of strategies to help
TANF beneficiaries with disabilities.
Funding
It is essential that the basic
TANF
block grant be maintained and adjusted for inflation. Failure to do this will
mean erosion in the value of the block grant and reduction in what states can do
with the funds. The services and supports that parents with disabilities need to
successfully move to work are often long- term and intensive. Without an
increase in the block grant, it will be difficult for states to meet the needs
of these parents and families.
Finally, in closing, we are very
concerned that proposals to increase the number of work activity hours per week
required of parents and to increase states' work participation rates will
increase the negative outcomes for people with disabilities in
TANF-funded programs. By reducing state flexibility and forcing
states to redirect dollars away from services into work experience positions,
states will find it harder to assist parents with barriers, including parents
with disabilities. For far too many parents with disabilities -and parents
caring for a child with disabilities - a requirement of 24 hours per week of
work supplemented by 16 hours of more flexible activities will present an
insurmountable obstacle to moving ahead.and, we fear, will lead to even more
sanctioning of some of the most needy and vulnerable families.
Thank you
again for this opportunity to testify. We will be happy to be helpful to you and
your staff as you mark up the
TANF reauthorization bill.
LOAD-DATE: May 1, 2002