As Amended
SEC. 43-49-3. Implementation of required welfare reform components of federal Family Support Act of 1988; federal funds; Job Opportunity and Basic Skills (JOBS) Training Program; child care, medical, and other assistance.
Within the amount appropriated therefor, the State Department of Human Services shall fully implement the following required welfare reform components of the federal Family Support Act of 1988 (P.L. 100-485) not later than December 31, 1993:
(a) The requirement that all able-bodied persons whose youngest child is at least three (3) years old be required to enroll in comprehensive education, training and work programs;
(b) The requirement that child care be provided during participation in comprehensive education, training and work programs and transitional child care assistance;
(c) The extension of Medicaid coverage for up to twelve (12) months for families that become ineligible for AFDC because of increased earnings or hours of employment of the caretaker relative; and
(d) The requirement to provide AFDC to needy two-parent families under the Unemployed Parent Program for at least six (6) months out of any twelve (12).
The department shall apply for, and provide all necessary matching funds for, all available federal funds under programs required by the Family Support Act of 1988, including but not limited to, the federal Job Opportunity and Basic Skills Training Program (JOBS) through Title IV-A and IV-F of the Federal Social Security Act and any available child care block grants, in order to maximize the federal funds transferred to Mississippi under those programs. The department shall report to the 1994 Regular Session of the Legislature on or before December 15, 1993, regarding (a) the specific federal funds applied for and received or receivable under the federal Family Support Act and JOBS programs; (b) the specific purposes for which these funds are to be expended, including a description of state matching funds expended or committed for this purpose; (c) a description of any federal sanctions imposed upon welfare assistance programs administered by the department; and (d) a description of specific performance measures used by the department to determine the success of the programs authorized in this section.
Any program participant whose youngest child is at least three (3) years of age shall be required to register for employment, training and education under the federal Job Opportunity and Basic Skills Training Program (JOBS), 42 USCS Section 682(a) and 45 Code of Federal Regulations Section 250.0 et seq., for a minimum of twenty (20) hours per week if suitable child day care is available for the child or attend school, as hereinafter provided:
If the applicant for assistance is an employable person, as determined by the department, who is not in school nor gainfully employed nor in training, the applicant shall be required to participate in the JOBS program. A mother who is unable to work because of her need to provide full-time care for her children, and for whom required care is not otherwise reasonably available notwithstanding diligent efforts by such mother and the appropriate JOBS program to provide such care, shall not be deemed employable, and a mother or other caretaker relative of a child under the age of three (3) years who is caring for the child shall not be deemed employable unless they volunteer to register. No AFDC benefits shall be given to any person to whom this section applies who has not registered with the appropriate JOBS office, or who has refused to accept a referral or offer of employment, training or education in which he or she is able to engage. The AFDC benefits for the support of the child or children of such person, whether or not such person is the principal wage earner, shall not be terminated as a result of such person's failure to comply with this section. A person shall be deemed to have refused to accept a referral or offer of employment, training or education if he or she:
(a) Willfully fails to report for an interview at a JOBS office with respect to employment when requested to do so by such office; or
(b) Willfully fails to report to such office the result of a referral to employment; or
(c) Willfully fails to report for employment, training or education under the JOBS program for a minimum of twenty (20) hours per week.
Such failures as listed in this section shall be reported immediately to the county department by such JOBS office. Not less frequently than each appropriate occurrence, the JOBS program shall refer an employable person for participation in a program of occupational training when in the judgment of the JOBS program the person may become trained for referral to available employment, or when the person may become trained for referral to skilled or semiskilled employment. So long as the person accepts the referral to such program of training and participates in such program, there will be no sanction. The State Department of Human Services may contract with the Mississippi Employment Security Commission or any other legal entity to administer the JOBS program on the county or multicounty level, and such contract shall be let on a competitive basis.
The department shall guarantee child care for eligible participants who require such care so that they may accept employment or remain employed. The department shall also guarantee child care for those participating in the JOBS program when it is determined that they are satisfactorily involved in education or training activities. The department may provide care itself, arrange for care by use of contract or vouchers, provide cash and vouchers in advance to a caretaker relative, reimburse a caretaker relative, or use any other arrangement deemed appropriate by the department. However, any center-based child care facility under this paragraph shall be licensed by the State Department of Health pursuant to law. Transitional child care assistance shall be continued if it is necessary for parents to maintain employment once support has ended. Transitional child care assistance shall be limited to twelve (12) months after the last month during which the family was eligible for assistance.
The department shall provide payment or reimbursement for transportation expenses that are necessary for individuals to be able to participate in the JOBS program.
The department shall require one (1) parent in AFDC Unemployed Parent Program families to participate at least sixteen (16) hours per week in a JOBS work activity. This requirement shall be effective during fiscal years 1994-1998. The department shall be required to enroll forty percent (40%) of their AFDC Unemployed Parent Program caseloads in the JOBS program in fiscal year 1994, fifty percent (50%) in 1995, sixty percent (60%) in 1996, and seventy-five percent (75%) in 1997 and 1998.
Except as otherwise provided in this paragraph, minor parents who are not married and the dependent child or children in their care shall be required to live with their own parents or other adult relative or legal guardian in order to receive AFDC benefits. In such cases, the AFDC payment shall be paid to the parent or legal guardian of the minor parent. The requirement of this paragraph shall not apply to any person who is exempt as defined in regulations of the department.
Medicaid assistance shall be provided to a family of program participants for up to twelve (12) consecutive calendar months following the month in which the participating family would be ineligible for Aid to Families with Dependent Children benefits because of increased income or hours of employment of the caretaker relative.
The department shall meet all federal standards and requirements of the Family Support Act of 1988 regarding child support and establishment of paternity.
SOURCES: Laws, 1993, ch. 614, Sec. 2; 1994, ch. 582, Sec. 4, eff from and after July 1, 1994
1997 Amendment:
SECTION 27. Sections 43-49-1, 43-49-3, 43-49-8, 43-49-9, 43-49-11, 43-49-13, 43-49-15 and 43-17-31, Mississippi Code of 1972, which is the Mississippi Welfare Program Restructuring Act of 1993, and which provide for the implementation of required welfare reform components of the federal Family Support Act of 1988 and the federal Job Opportunity and Basic Skills (JOBS) Training Program, provide conditions for eligibility for AFDC benefits and prescribe certain duties of the Department of Human Services, provide for a Work Encouragement Program under applicable federal waivers, provide for a Work First pilot program under applicable federal waivers, require the department to prepare waiver requests for the welfare reform programs, authorize the department to request additional waivers regarding welfare reform and direct the department to establish an AFDC unemployed parents program, are repealed.
SOURCE: 1997 Laws, Chapter 316, Section 27, HB766, Effective March 12, 1997.