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7 LONG TITLE
8 General Description:
9 This bill modifies provisions of the Family Employment Program.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines "licensed clinical therapist";
13 ▸ modifies the requirements to receive cash assistance under the state's Family
14 Employment Program;
15 ▸ modifies when an individual receiving cash assistance under the Family
16 Employment Program must take a written questionnaire designed to determine the
17 likelihood of the applicant having a substance use disorder; and
18 ▸ requires that an individual be evaluated by a licensed clinical therapist before an
19 individual may be required to take a drug test as a condition of continuing to receive
20 cash assistance under the Family Employment Program.
21 Money Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 AMENDS:
27 35A-3-102, as last amended by Laws of Utah 2015, Chapter 221
28 35A-3-304, as last amended by Laws of Utah 2015, Chapters 143 and 221
29 35A-3-304.5, as last amended by Laws of Utah 2015, Chapter 221
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31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 35A-3-102 is amended to read:
33 35A-3-102. Definitions.
34 As used in this chapter:
35 (1) "Adjudicative proceeding" has the same meaning as defined in Section 63G-4-103.
36 (2) "Administrative order" means an order issued by the department that addresses an
37 overpayment of public assistance.
38 (3) "Applicant" means a person who requests assistance under this chapter.
39 (4) "Assignment of support" means the transfer to the state of a recipient's right to
40 receive support from another person that accrues during the period the recipient receives public
41 assistance, including a right to receive support on behalf of any family member for whom the
42 recipient is applying for or receiving assistance.
43 (5) "Average monthly number of families" means the average number of families who
44 received cash assistance on a monthly basis during the previous federal fiscal year.
45 (6) "Cash assistance" means the monthly dollar amount a recipient is eligible to receive
46 under the Family Employment Program under Section 35A-3-302.
47 (7) "Child care services" means care of a child by a responsible person who is not the
48 child's parent or legal guardian, for a portion of the day that is less than 24 hours in a qualified
49 setting, as defined by rules made by the department in accordance with Title 63G, Chapter 3,
50 Utah Administrative Rulemaking Act.
51 (8) (a) "Civic organization" means an organization that provides services to its
52 community.
53 (b) "Civic organization" includes a community service club or organization, a
54 charitable health care or service organization, a fraternal organization, a labor union, a minority
55 or ethnic organization, a commercial or industrial organization, a commerce or business club, a
56 private nonprofit organization, a private nonprofit corporation that provides funding to a
57 community service organization, an organization that advocates or provides for the needs of
58 persons with low incomes, a religious organization, and an organization that fosters strong
59 neighborhoods and communities.
60 (9) "Court order" means a judgment or order of a court of this state, another state, or
61 the federal government that addresses an overpayment of public assistance.
62 (10) "Date of enrollment" means the date on which the applicant was approved as
63 eligible for cash assistance.
64 (11) "Director" means the director of the division assigned by the department to
65 administer a program.
66 (12) "Diversion" or "diversion payment" means a one-time cash assistance payment
67 under Section 35A-3-303 to a recipient who is eligible for cash assistance, but does not require
68 extended cash assistance under Part 3, Family Employment Program.
69 (13) "Education or training" means:
70 (a) basic remedial education;
71 (b) adult education;
72 (c) high school education;
73 (d) education to obtain the equivalent of a high school diploma;
74 (e) education to learn English as a second language;
75 (f) applied technology training;
76 (g) employment skills training; or
77 (h) on-the-job training.
78 (14) "Full-time education or training" means training on a full-time basis as defined by
79 the educational institution attended by the parent recipient.
80 (15) "General assistance" means financial assistance provided to a person under Part 4,
81 General Assistance.
82 (16) "Licensed clinical therapist" means an individual licensed by the state under:
83 (a) Title 58, Chapter 60, Part 2, Social Worker Licensing Act;
84 (b) Title 58, Chapter 60, Part 3, Marriage and Family Therapist Licensing Act;
85 (c) Title 58, Chapter 60, Part 4, Clinical Mental Health Counselor Licensing Act; or
86 (d) Title 58, Chapter 61, Psychologist Licensing Act.
87 [
88 adjudicative proceeding as described in Section 63G-4-201.
89 [
90 (a) who is liable to the state under Section 35A-3-603 and applicable federal statutes
91 and regulations; or
92 (b) against whom an administrative or judicial order determining overpayment has
93 been obtained.
94 [
95 value provided under a state or federally funded benefit program to a person that is not entitled
96 to receive it or is not entitled to receive it at the level provided.
97 (b) "Overpayment" includes money paid to a provider under this title in connection
98 with public assistance or another publicly funded assistance program to the extent that the
99 provider receives payment:
100 (i) for goods or services not provided; or
101 (ii) in excess of the amount to which the provider is entitled.
102 [
103 the department to qualify for cash assistance under Part 3, Family Employment Program.
104 [
105 compared to actual performance.
106 [
107 a program or activity.
108 [
109 analyze performance information, including performance indicators and performance goals.
110 [
111 United States Department of Health and Human Services to receive funding from the United
112 States through the Temporary Assistance for Needy Families Block Grant in accordance with
113 42 U.S.C. Sec. 602.
114 [
115 received assistance under this chapter.
116 [
117 married and has a minor child in the person's care and custody.
118 [
119 stabilize employment and reduce the future use of cash assistance provided under Part 3,
120 Family Employment Program.
121 Section 2. Section 35A-3-304 is amended to read:
122 35A-3-304. Assessment -- Participation requirements and limitations --
123 Employment plan -- Mentors.
124 (1) (a) Within 30 business days of the date of enrollment, the department shall provide
125 that a parent recipient:
126 (i) is assigned an employment counselor; and
127 (ii) completes an assessment provided by the department regarding the parent
128 recipient's:
129 (A) prior work experience;
130 (B) ability to become employable; and
131 (C) skills[
132 [
133
134 (b) The assessment provided under Subsection (1)(a)(ii) shall include[
135 be completed by the parent recipient with the assistance of the department[
136 [
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139 [
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144 (2) (a) Within 15 business days of a parent recipient completing an assessment[
145 (i) the department and the parent recipient shall enter into an employment plan[
146 (ii) the parent recipient shall complete a written questionnaire, provided by the
147 department, designed to accurately determine the likelihood of the parent recipient having a
148 substance use disorder involving the misuse of a controlled substance.
149 (b) The employment plan shall have a target date for entry into employment.
150 (c) The department shall provide a copy of the employment plan to the parent recipient.
151 (d) For the parent recipient, the employment plan may include:
152 (i) job searching requirements;
153 (ii) if the parent recipient does not have a high school diploma, participation in an
154 educational program to obtain a high school diploma, or its equivalent;
155 (iii) education or training necessary to obtain employment;
156 (iv) a combination of work and education or training; and
157 (v) assisting the Office of Recovery Services in good faith to:
158 (A) establish the paternity of a minor child; and
159 (B) establish or enforce a child support order.
160 (e) If the parent recipient tests positive for the unlawful use of a controlled substance
161 after taking a drug test under Section 35A-3-304.5, the employment plan shall include an
162 agreement by the parent recipient to:
163 (i) participate in treatment for a substance use disorder; and
164 (ii) meet the other requirements of Section 35A-3-304.5.
165 (f) The department's responsibilities under the employment plan may include:
166 (i) providing cash and other types of public and employment assistance, including child
167 care;
168 (ii) assisting the parent recipient to obtain education or training necessary for
169 employment;
170 (iii) assisting the parent recipient to set up and follow a household budget; and
171 (iv) assisting the parent recipient to obtain employment.
172 (g) The department may amend the employment plan to reflect new information or
173 changed circumstances.
174 (h) If immediate employment is an activity in the employment plan, the parent recipient
175 shall:
176 (i) promptly commence a search for employment for a specified number of hours each
177 week; and
178 (ii) regularly submit a report to the department on:
179 (A) how time was spent in search for a job;
180 (B) the number of job applications completed;
181 (C) the interviews attended;
182 (D) the offers of employment extended; and
183 (E) other related information required by the department.
184 (i) (i) If full-time education or training to secure employment is an activity in an
185 employment plan, the parent recipient shall promptly undertake a full-time education or
186 training program.
187 (ii) The employment plan may describe courses, education or training goals, and
188 classroom hours.
189 (j) (i) The department may only provide cash assistance under this part if the parent
190 recipient agrees in writing to make a good faith effort to comply with the parent recipient's
191 employment plan.
192 (ii) The department shall establish a process to reconcile disputes between a parent
193 recipient and the department as to whether:
194 (A) the parent recipient has made a good faith effort to comply with the employment
195 plan; or
196 (B) the department has complied with the employment plan.
197 (iii) If a parent recipient consistently fails to show good faith in complying with the
198 employment plan, the department may seek to terminate all or part of the cash assistance
199 services provided under this part.
200 (3) The department may only provide cash assistance on behalf of a minor child under
201 this part if the minor child is:
202 (a) enrolled in and attending school in compliance with Sections 53A-11-101.5 and
203 53A-11-101.7; or
204 (b) exempt from school attendance under Section 53A-11-102.
205 (4) This section does not apply to a person who has received diversion assistance under
206 Section 35A-3-303.
207 (5) (a) The department may recruit and train volunteers to serve as mentors for parent
208 recipients.
209 (b) A mentor may advocate on behalf of a parent recipient and help a parent recipient:
210 (i) develop life skills;
211 (ii) implement an employment plan; or
212 (iii) obtain services and support from:
213 (A) the volunteer mentor;
214 (B) the department; or
215 (C) civic organizations.
216 Section 3. Section 35A-3-304.5 is amended to read:
217 35A-3-304.5. Drug testing requirements.
218 (1) (a) If the results of [
219 35A-3-304[
220 have a substance use disorder involving the misuse of a controlled substance, the department
221 shall require the [
222 evaluated for a potential substance use disorder involving the misuse of a controlled substance.
223 (b) If the licensed clinical therapist determines that there is a reasonable likelihood that
224 the parent recipient may have a substance use disorder involving the misuse of a controlled
225 substance, the department shall require the parent applicant to take a drug test at the
226 department's expense in order to continue to receive cash assistance under this part.
227 (2) If [
228 or take a drug test if required under Subsection (1), the department shall terminate cash
229 assistance under this part and the [
230 assistance under this part for:
231 (a) 90 days after a first refusal to meet with a licensed clinical therapist or take a drug
232 test; or
233 (b) one year after a second refusal to meet with a licensed clinical therapist or take a
234 drug test within one year.
235 (3) A drug test given under this section shall be administered with due regard to the
236 privacy and dignity of the person being tested.
237 (4) Before taking a drug test under this section, [
238 advise the person administering the test regarding any prescription or over-the-counter
239 medication the [
240 (5) The result of a drug test given under this section is a private record in accordance
241 with Section 63G-2-302 and disclosure to a third party is prohibited except as provided under
242 Title 63G, Chapter 2, Government Records Access and Management Act.
243 (6) If [
244 controlled substance after taking a drug test under Subsection (1), the [
245 recipient is eligible for cash assistance, subject to the other eligibility requirements of this part.
246 (7) If [
247 substance after taking a drug test under Subsection (1), the [
248 (a) shall be given a list of approved substance use disorder treatment providers that are
249 available in the area in which the individual resides; and
250 (b) may continue to receive benefits if the [
251 follows the requirements of the [
252 (i) receiving treatment, at the department's expense, from an approved substance use
253 disorder treatment provider for at least 60 days;
254 (ii) testing negative for the unlawful use of a controlled substance:
255 (A) in each subsequent drug test required by department rule during treatment; and
256 (B) in an additional drug test given at the conclusion of treatment; and
257 (iii) meeting the other requirements of receiving cash assistance under this part.
258 (8) (a) The department shall terminate cash assistance under this part, if [
259 a parent recipient:
260 (i) declines to enter into an employment plan required by Subsection (7); or
261 (ii) enters into, but fails to meet, a requirement of an employment plan under
262 Subsection (7), including if the [
263 by the employment plan or tests positive for the unlawful use of a controlled substance in a
264 drug test required by the employment plan.
265 (b) [
266 Subsection (8)(a) may not reapply for cash assistance under this part for:
267 (i) except as provided in Subsection (8)(b)(ii), 90 days after the day on which the
268 department determines, under this Subsection (8), that the [
269 longer eligible for cash assistance; or
270 (ii) one year after the day on which the department determines, under this Subsection
271 (8), that the [
272 department has previously determined on at least one other occasion in the past year that the
273 [