1     
SELF-RELIANCE TRAINING FOR PUBLIC ASSISTANCE

2     
RECIPIENTS

3     
2016 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Lincoln Fillmore

6     
House Sponsor: Steve Eliason

7     

8     LONG TITLE
9     General Description:
10          This bill modifies provisions of the Utah Workforce Services Code.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines "approved self-reliance training";
14          ▸     requires that a client receiving certain public assistance complete at least two hours
15     of approved self-reliance training within 90 days of receiving assistance;
16          ▸     requires the Department of Workforce Services to seek a waiver, if federal law or
17     regulation prohibits requiring self-reliance training;
18          ▸     describes what entities may offer approved self-reliance training; and
19          ▸     describes the reporting requirements of the department.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          None
24     Utah Code Sections Affected:
25     AMENDS:
26          35A-3-102, as last amended by Laws of Utah 2015, Chapter 221
27     ENACTS:
28          35A-3-116, Utah Code Annotated 1953
29     

30     Be it enacted by the Legislature of the state of Utah:
31          Section 1. Section 35A-3-102 is amended to read:
32          35A-3-102. Definitions.
33          As used in this chapter:
34          (1) "Adjudicative proceeding" has the same meaning as defined in Section 63G-4-103.
35          (2) "Administrative order" means an order issued by the department that addresses an
36     overpayment of public assistance.
37          (3) "Applicant" means a person who requests assistance under this chapter.
38          (4) "Approved self-reliance training" means an educational class, training session, or
39     counseling session:
40          (a) approved by the department;
41          (b) described in Section 35A-3-116; and
42          (c) provided at no cost to a client.
43          [(4)] (5) "Assignment of support" means the transfer to the state of a recipient's right to
44     receive support from another person that accrues during the period the recipient receives public
45     assistance, including a right to receive support on behalf of any family member for whom the
46     recipient is applying for or receiving assistance.
47          [(5)] (6) "Average monthly number of families" means the average number of families
48     who received cash assistance on a monthly basis during the previous federal fiscal year.
49          [(6)] (7) "Cash assistance" means the monthly dollar amount a recipient is eligible to
50     receive under the Family Employment Program under Section 35A-3-302.
51          [(7)] (8) "Child care services" means care of a child by a responsible person who is not
52     the child's parent or legal guardian, for a portion of the day that is less than 24 hours in a
53     qualified setting, as defined by rules made by the department in accordance with Title 63G,
54     Chapter 3, Utah Administrative Rulemaking Act.
55          [(8)] (9) (a) "Civic organization" means an organization that provides services to its
56     community.
57          (b) "Civic organization" includes a community service club or organization, a
58     charitable health care or service organization, a fraternal organization, a labor union, a minority
59     or ethnic organization, a commercial or industrial organization, a commerce or business club, a
60     private nonprofit organization, a private nonprofit corporation that provides funding to a
61     community service organization, an organization that advocates or provides for the needs of
62     persons with low incomes, a religious organization, and an organization that fosters strong
63     neighborhoods and communities.
64          [(9)] (10) "Court order" means a judgment or order of a court of this state, another
65     state, or the federal government that addresses an overpayment of public assistance.
66          [(10)] (11) "Date of enrollment" means the date on which the applicant was approved
67     as eligible for cash assistance.
68          [(11)] (12) "Director" means the director of the division assigned by the department to
69     administer a program.
70          [(12)] (13) "Diversion" or "diversion payment" means a one-time cash assistance
71     payment under Section 35A-3-303 to a recipient who is eligible for cash assistance, but does
72     not require extended cash assistance under Part 3, Family Employment Program.
73          [(13)] (14) "Education or training" means:
74          (a) basic remedial education;
75          (b) adult education;
76          (c) high school education;
77          (d) education to obtain the equivalent of a high school diploma;
78          (e) education to learn English as a second language;
79          (f) applied technology training;
80          (g) employment skills training; or
81          (h) on-the-job training.
82          [(14)] (15) "Full-time education or training" means training on a full-time basis as
83     defined by the educational institution attended by the parent recipient.
84          [(15)] (16) "General assistance" means financial assistance provided to a person under
85     Part 4, General Assistance.
86          [(16)] (17) "Notice of agency action" means the notice required to commence an
87     adjudicative proceeding as described in Section 63G-4-201.
88          [(17)] (18) "Obligor" means an individual:
89          (a) who is liable to the state under Section 35A-3-603 and applicable federal statutes
90     and regulations; or
91          (b) against whom an administrative or judicial order determining overpayment has
92     been obtained.
93          [(18)] (19) (a) "Overpayment" means money, public assistance, or another item of
94     value provided under a state or federally funded benefit program to a person that is not entitled
95     to receive it or is not entitled to receive it at the level provided.
96          (b) "Overpayment" includes money paid to a provider under this title in connection
97     with public assistance or another publicly funded assistance program to the extent that the
98     provider receives payment:
99          (i) for goods or services not provided; or
100          (ii) in excess of the amount to which the provider is entitled.
101          [(19)] (20) "Parent recipient" means a person who enters into an employment plan with
102     the department to qualify for cash assistance under Part 3, Family Employment Program.
103          [(20)] (21) "Performance goals" means a target level of performance that will be
104     compared to actual performance.
105          [(21)] (22) "Performance indicators" means actual performance information regarding
106     a program or activity.
107          [(22)] (23) "Performance monitoring system" means a process to regularly collect and
108     analyze performance information, including performance indicators and performance goals.
109          [(23)] (24) "Plan" or "state plan" means the state plan submitted to the Secretary of the
110     United States Department of Health and Human Services to receive funding from the United
111     States through the Temporary Assistance for Needy Families Block Grant in accordance with
112     42 U.S.C. Sec. 602.
113          [(24)] (25) "Recipient" means a person who is qualified to receive, is receiving, or has
114     received assistance under this chapter.
115          [(25)] (26) "Single minor parent" means a person under 18 years of age who is not
116     married and has a minor child in the person's care and custody.
117          [(26)] (27) "Transitional cash assistance" means assistance provided to a recipient to
118     stabilize employment and reduce the future use of cash assistance provided under Part 3,
119     Family Employment Program.
120          Section 2. Section 35A-3-116 is enacted to read:
121          35A-3-116. Self-reliance training.
122          (1) If the department determines that it is not prohibited under federal law or
123     regulation, a client who is at least 21 years old, but who is younger than 65 years old, and who
124     is receiving public assistance under this chapter, shall complete at least two hours of approved
125     self-reliance training within 90 days of the first day of receiving public assistance.
126          (2) If the department determines that federal law or regulation regarding a specific
127     service or benefit under this chapter prohibits requiring a client to complete at least two hours
128     of self-reliance training within 90 days of first receiving public assistance, the department shall:
129          (a) seek a waiver from the appropriate federal agency to allow requiring the training;
130     and
131          (b) inform the client about the option of completing self-reliance training.
132          (3) The department shall ensure that approved self-reliance training:
133          (a) is designed to help clients learn to become financially stable and less dependent on
134     government assistance;
135          (b) teaches skills and knowledge that will assist clients in becoming self-reliant;
136          (c) is available at sufficient times and places to enable clients to reasonably complete
137     the training;
138          (d) is offered at no cost to clients;
139          (e) includes an option for online training; and
140          (f) is provided and taught in a manner that is sensitive to the specific needs and
141     challenges of clients, including:
142          (i) employment situations and work schedules;
143          (ii) health or disability related employment issues;
144          (iii) family care responsibilities and schedules; and
145          (iv) transportation issues.
146          (4) Approved self-reliance training may be offered by the department or any of the
147     following if approved by the department:
148          (a) a civic organization as defined in Section 35A-3-102;
149          (b) a for-profit entity;
150          (c) an educational institution; or
151          (d) any state or local entity.
152          (5) The director may contract with a civic organization to provide approved
153     self-reliance training, if the director follows the procedures for contracting with a civic
154     organization for the provision of social capital as described in Section 35A-3-507.
155          (6) As part of the annual written report described in Section 35A-1-109, the department
156     shall:
157          (a) describe what entities are providing approved self-reliance training;
158          (b) provide the number of clients who have completed at least two hours of approved
159     self-reliance training;
160          (c) describe any services or benefits under this chapter that may not be conditioned on
161     the completion of self-reliance training because of federal law or regulation; and
162          (d) describe the response to any waiver request described in Subsection (2)(a).
163          (7) A client's completion of the approved self-reliance training described in Subsection
164     (1) is not a condition of the client continuing to receive public assistance.