_________ Bill No. _______

Introduced By _______________________________________________________________________________

A Bill for an Act entitled: "An Act providing exemptions for victims of domestic violence and for homeless persons from time limitations in the pathways program under welfare reform; amending sections 53-4-603 and 53-4-607, MCA; and providing an immediate effective date."

Be it enacted by the Legislature of the State of Montana:

Section 1. Section 53-4-603, MCA, is amended to read:

"53-4-603. FAIM project -- components. (1) The aid to families with dependent children part of the FAIM project consists of three components referred to as the job supplement program, pathways, and the community services program.

(2) The job supplement program is an alternative to the components of the FAIM project that provide cash assistance. An eligible family may receive assistance under the job supplement program instead of receiving assistance under pathways or the community services program or may receive assistance under the job supplement program either prior to or after receiving assistance under pathways or the community services program.

(3) Services that may be provided to eligible individuals in the job supplement program include:

(a) full medicaid benefits for dependent children, as provided in 53-6-101, and basic medicaid benefits for specified caretaker relatives, as provided in 53-6-101, if waivers of federal law are granted by the secretary of the U.S. department of health and human services that permit limited benefits. However, a specified caretaker relative who is pregnant is entitled to full medicaid benefits.

(b) child-care assistance, as provided in 53-4-611 and as specified by the department by rule;

(d) a one-time only cash payment to meet special employment-related needs of the family. In order to receive a one-time cash payment, the family is required to agree not to apply for or receive cash assistance for a period of time based on the size of the one-time cash payment received.

(4) (a) Pathways may provide eligible individuals with job training and education; resource referrals; assistance in obtaining child support; one-time cash payments for special employment-related needs; child-care assistance, as provided in 53-4-611 and as specified by department rule; cash assistance payments; full medicaid benefits for dependent children, as provided in 53-6-101; and basic medicaid benefits for specified caretaker relatives, as provided in 53-6-101, if waivers of federal law are granted by the secretary of the U.S. department of health and human services that permit limited benefits. However, a specified caretaker relative who is pregnant is entitled to full medicaid benefits.

(b) A Except as provided in 53-4-607, a specified caretaker relative in a single-parent family may receive assistance under pathways for a maximum of 24 months. The 24 months do not need to be consecutive.

(c) ~~Specified~~ Except as provided in 53-4-607, specified caretaker relatives in a two-parent family may receive assistance under pathways for a maximum of 18 months. The 18 months do not need to be consecutive.

(5) In the community services program, a specified caretaker relative who has received the maximum number of months of assistance allowable under pathways may continue to receive assistance for the specified caretaker relative's needs if the specified caretaker relative performs community service work as required by the department. A specified caretaker relative who performs community service work as required is entitled to cash assistance for the specified caretaker relative's needs and basic medicaid benefits, as provided in 53-6-101, if waivers of federal law are granted by the secretary of the U.S. department of health and human services that permit limited benefits. However, a specified caretaker relative who is pregnant is entitled to full medicaid benefits. Job training and education, resource referrals, and assistance in obtaining child support may also be provided if determined by the department to be appropriate. Child-care assistance may be provided as set forth in 53-4-611 and as specified by department rule.

(6) Failure of a caretaker relative to participate in community service work as required must result in the needs of the specified caretaker relative being removed from the cash assistance payment.

(7) A dependent child who meets all eligibility requirements for aid to families with dependent children may receive assistance under any component of the FAIM project without any time limits.

(8) The department shall furnish workers' compensation coverage, as provided in 39-71-118, for recipients in any component of the FAIM project who perform community service work or who participate in a work experience program."

Section 2. Section 53-4-607, MCA, is amended to read:

"53-4-607. Exemptions from time limitations in pathways. (1) Recipients of aid to families with dependent children under the FAIM project may be exempted from the time limitations on assistance under pathways contained in 53-4-603 as provided by the department by rule.

(2) In establishing categories of individuals who are exempt from the time limitations on assistance under pathways, the department may take into consideration factors that may delay an individual's attainment of self-sufficiency, including but not limited to the following:

(a) The individual has a verifiable illness, injury, or physical or mental impairment, handicap, or disability.

(b) The individual is of advanced age.

(d) The individual is attending high school or is working toward a graduate equivalency diploma, if the individual is under 20 years of age.

(e) The individual is the parent of a child under 1 year of age.

(f) The individual is providing care to a household member with a disability who requires special care.

(g) The individual is a teenage parent participating in activities pursuant to a family investment agreement.

(h) The department failed to substantially comply with its obligations under the family investment agreement.

(3) The following recipients of aid to families with dependent children under the FAIM project are exempt from the time limitations on assistance under pathways contained in 53-4-603:

~~(i) The~~(a) an individual who is a homeless person.; or

~~(j) The~~(b) an individual who is a victim of domestic violence.

(4) For the purposes of subsection (3):

(a) "homeless person" means a person who is lacking a fixed, regular, nighttime residence and who has received a verification of preference for the purposes of the federal preference as a homeless family, as defined in 24 CFR 5.425(b)(2), by a public housing program, state agency, or person acting in a professional capacity, such as a minister or counselor; and

(b) "victim of domestic violence" means a person who has been verified to be a victim of domestic violence by a person acting in a professional capacity, such as a counselor, mental health professional, or an employee of a domestic abuse shelter, law enforcement agency, or court."

NEW SECTION. Section 3. Effective date. [This act] is effective on passage and approval.

-END-