356#2c (DSS) Delay Implementation of New Kinship Care Program. HB5001 - Conference Report

State Budget

2004 Special Session I

Budget Amendments - HB5001 (Conference Report)

Bill Order » Item 356 #2c

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Delay Implementation of New Kinship Care Program (language only)

Item 356 #2c

Item 356 #2c
Health And Human Resources
Social Services, Department of

Language
Page 283, strike lines 43 through 59.
Page 284, strike lines 1 through 4.

Explanation
(This amendment deletes language in the introduced bill establishing a new cash assistance program, the Virginia Kinship Care Program, with funding from the state general fund, for children living with non-parent, relative caretakers that currently receive cash assistance through the Temporary Assistance to Needy Families (TANF) program. The program proposed segregating funding for these cases for a state-only program and revising the focus of assistance to these families from solely cash assistance to provide additional services. However, additional funding was not provided in the introduced budget to add these services. Language in the introduced budget would have allowed for the development of a full range of services and granted authority for regulations implementing the program.)

Item 356

Item 356	First Year - FY2005	Second Year - FY2006
Temporary Income Supplement Services (45200)	$155,397,676	$155,397,676
Temporary Assistance for Needy Families (45201)	FY2005 $106,278,247	FY2006 $106,278,247
General Relief (45203)	FY2005 $4,611,421	FY2006 $4,611,421
Resettlement Assistance (45204)	FY2005 $5,825,000	FY2006 $5,825,000
Emergency Assistance (45206)	FY2005 $32,900,000	FY2006 $32,900,000
Unemployed Parent Supplement (45207)	FY2005 $5,783,008	FY2006 $5,783,008
Fund Sources:
General	FY2005 $50,149,374	FY2006 $50,149,374
Federal Trust	FY2005 $105,248,302	FY2006 $105,248,302

Authority: Title 2.2, Chapter 54; Title 63.1, Chapters 1 and 6, Code of Virginia; Title VI, Subtitle B, P.L. 97-35, as amended; P.L. 103-252, as amended; P.L. 104-193, as amended, Federal Code.

A. To the extent permitted by federal law, the State Plan for Temporary Assistance for Needy Families (TANF) shall provide that the eligibility for assistance of an alien who is qualified alien (as defined in § 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law Number 104-193) shall be determined without regard to alienage.

B. Notwithstanding any other provision of state law, the Department of Social Services shall maintain a separate state program, as that term is defined by federal regulations governing the Temporary Assistance for Needy Families (TANF) program, 45 C.F.R. § 260.30, for the purpose of providing welfare cash assistance payments to able-bodied two-parent families. The separate state program shall be funded by state funds and operated outside of the TANF program. Able-bodied two-parent families shall not be eligible for TANF cash assistance as defined at 45 C.F.R. § 260.31 (a)(1), but shall receive benefits under the separate state program provided for in this paragraph. Although various conditions and eligibility requirements may be different under the separate state program, the basic benefit payment for which two-parent families are eligible under the separate state program shall not be less than what they would have received under TANF. The Department of Social Services shall establish regulations to govern this separate state program.

C. A participant whose Temporary Assistance for Needy Families (TANF) financial assistance is terminated due to the receipt of 24 months of assistance as specified in § 63.2-612, Code of Virginia, or due to the closure of the TANF case prior to the completion of 24 months of TANF assistance, excluding cases closed with a sanction for noncompliance with the Virginia Initiative for Employment Not Welfare program, shall be eligible to receive employment and training assistance for up to 12 months after termination, if needed, in addition to other transitional services provided pursuant to § 63.2-611, Code of Virginia.

D. Out of this appropriation, $3,900,000 the first year and $3,900,000 the second year from the federal Temporary Assistance for Needy Families (TANF) block grant shall be used by the Department of Social Services to provide recipients of Temporary Assistance for Needy Families (TANF) cash assistance a monthly TANF supplement up to the current child support collected by the Division of Child Support Enforcement for each such recipient, less any disregard passed through to such recipient pursuant to any other provision of law. The TANF child support supplement shall be paid within two months following collection of the child support payment or payments used to determine the amount of such supplement. For purposes of determining eligibility for medical assistance services, the TANF supplement described in this paragraph shall be disregarded.

E. As a condition of this appropriation, the Department of Social Services shall disregard the value of one motor vehicle per assistance unit in determining eligibility for cash assistance in the Temporary Assistance for Needy Families (TANF) program and in the separate state program for able-bodied two-parent families.

F. Out of this appropriation, $2,020,640 the first year and $2,020,640 the second year from the federal Temporary Assistance for Needy Families (TANF) block grant shall be transferred to the Department of Health for the Comprehensive Health Investment Project of Virginia.

G. As a condition of this appropriation, the Department of Social Services shall, to the extent permitted by federal law, provide five months of Transitional Food Stamps for households whose TANF cash assistance is terminated.

H. Notwithstanding any other provision of state law, the Department of Social Services shall provide cash assistance payments for children living with non-parent, relative caretakers in the Virginia Kinship Care (VKC) Program. The VKC program shall be a separate state program within the meaning of the federal regulations governing the Temporary Assistance to Needy Families (TANF) program, 45 C.F.R. § 260.30, and shall be operated outside of the TANF program and funded by state funds, provided such expenditures qualify as TANF “maintenance of effort” funds under federal law. Families eligible for assistance under VKC shall not be eligible for TANF assistance as defined at 45 C.F.R. § 260.31 (a)(1), but shall receive benefits under the separate state program provided for in this paragraph. Although various conditions and eligibility requirements may be different under VKC, cash assistance payments shall not be less than under the TANF program. The State Board of Social Services shall adopt regulations governing the VKC program within 280 days of the effective date of this act.