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An act relating to the Temporary Assistance for Needy 7 Families (TANF) program, the official text

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1                  STATE OF OKLAHOMA

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2                 1st Session of the 60th Legislature (2025)

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3 SENATE BILL 113              By: Dossett
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6                  AS INTRODUCED

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7   An Act relating to the Temporary Assistance for Needy

7   Families (TANF) program; amending 56 O.S. 2021,

8   Section 230.52, as last amended by Section 116,

8   Chapter 452, O.S.L. 2024 (56 O.S. Supp. 2024, Section

9   230.52), which relates to minimum requirements;

9   modifying and adding resources exempt from resource

10  determination criteria; updating statutory language;

10  providing an effective date; and declaring an

11  emergency.

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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15  SECTION 1.     AMENDATORY  56 O.S. 2021, Section 230.52, as

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16 last amended by Section 116, Chapter 452, O.S.L. 2024 (56 O.S. Supp.
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17 2024, Section 230.52), is amended to read as follows:
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18  Section 230.52. A. Except for specific exceptions, conditions

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19 or restrictions authorized by the Statewide Temporary Assistance
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20 Responsibility System (STARS) and rules promulgated by the
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21 Commission for Director of Human Services pursuant thereto, the
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22 following are the minimum mandatory requirements for the Temporary
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23 Assistance for Needy Families (TANF) program:
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    Req. No. 724                                               Page 1
1   1. A recipient shall be eligible to receive assistance pursuant

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2 to the TANF program only for a lifetime total of five (5) years,
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3 subject to the exemptions allowed by federal law. Child-only cases
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4 are not subject to the five-year limitation;
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5   2. Single parents receiving temporary assistance pursuant to

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6 the TANF program shall participate in work activities for a minimum
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7 of twenty (20) hours per week during the month. Two-parent families
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8 receiving temporary assistance pursuant to the TANF program shall
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9 participate in work activities for a minimum of thirty-five (35)
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10 hours per week during the month;
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11  3. A recipient must be engaged in one or more of the work

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12 activities set out in paragraph 4 of this subsection as soon as
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13 required by the Department of Human Services pursuant to the TANF
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14 program, but not later than twenty-four (24) months after
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15 certification of the application for assistance, unless the person
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16 is exempt from work requirements under rules promulgated by the
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17 Department Director pursuant to the STARS;
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18  4. The Department shall develop and describe categories of

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19 approved work activities for the TANF program recipients in
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20 accordance with this paragraph. Work activities that qualify in
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21 meeting the requirements include, but are not limited to:
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22  a. (1) unsubsidized employment which is full-time

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23                employment or part-time employment that is not

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24                directly supplemented by federal or state funds,

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    Req. No. 724                                                Page 2
1                 (2) subsidized private sector employment which is

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2                 employment in a private for-profit enterprise or

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3                 a private not-for-profit enterprise that is

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4                 directly supplemented by federal or state funds.

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5                 Prior to receiving any subsidy or incentive, the

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6                 employer shall enter into a written contract with

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7                 the Department, and

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8                 (3) subsidized public sector employment which is

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9                 employment by an agency of a federal, state, or

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10                local governmental entity which is directly

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11                supplemented by federal or state funds. Prior to

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12                receiving any subsidy or incentive, the employer

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13                shall enter into a written contract with the

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14                Department.

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15                Subsidized hourly employment or unsubsidized hourly

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16                employment pursuant to this subparagraph shall only be

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17                approved by the Department as work activity if such

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18                employment is subject to:

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19                (a) the federal minimum wage requirements

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20                pursuant to the Fair Labor Standards Act of

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21                1938, as amended,

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22                (b) the federal Social Security tax and Medicare

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23                tax, and

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    Req. No. 724                             Page 3
1                 (c) regulations promulgated pursuant to the

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2                 federal Occupational Safety and Health Act

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3                 of 1970 and rules promulgated by the State

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4                 Department of Labor pursuant thereto,

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5   b. a program of work experience,

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6   c. on-the-job training,

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7   d. assisted job search which may include supervised or

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8                 unsupervised job-seeking activities,

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9   e. job readiness assistance which may include, but is not

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10                limited to:

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11                (1) orientation in the work environment and basic

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12                job-seeking and job retention skills,

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13                (2) instruction in completing an application for

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14                employment and writing a resume,

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15                (3) instruction in conducting oneself during a job

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16                interview, including appropriate dress, and

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17                (4) substance abuse treatment and mental health

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18                counseling,

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19  f. job skills training which is directly related to

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20                employment in a specific occupation for which there is

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21                a written commitment by an employer to offer

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22                employment to a recipient who successfully completes

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23                the training. Job skills training includes, but is

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24                not limited to, customized training designed to meet

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    Req. No. 724                                                Page 4
1                 the needs of a specific employer or a specific

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2                 industry,

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3   g. community service programs which are job-training

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4                 activities provided in areas where sufficient public

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5                 or private sector employment is not available. Such

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6                 activities are linked to both education or training

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7                 and activities that substantially enhance a

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8                 recipient's employability,

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9   h. literacy and adult basic education programs,

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10  i. vocational-educational programs, not to exceed twelve

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11                (12) months for any individual, which are directed

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12                toward vocational-educational training and education

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13                directly related to employment,

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14  j. education programs which are directly related to

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15                specific employment opportunities, if a recipient has

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16                not received a high school diploma or General

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17                Equivalency Degree General Educational Development

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18                certificate, and

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19  k. child care for other STARS recipients. The recipient

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20                must meet training and licensing requirements for

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21                child care providers as required by the Oklahoma Child

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22                Care Facilities Licensing Act;

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    Req. No. 724                                               Page 5
1   5. Single, custodial parents with a child up to one (1) year of

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2 age may be exempt from work activities for a lifetime total
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3 exemption of twelve (12) months;
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4   6. In order to receive assistance, unmarried teen parents of a

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5 minor child at least twelve (12) weeks of age must participate in
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6 educational activities or work activities approved by the state;
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7   7. For single-parent families, except for teen parents,

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8 educational activities, other than vocational-technical training, do
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9 not count toward meeting the required twenty (20) hours of work
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10 activity. For two-parent families, educational activities, except
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11 vocational-technical training, do not count toward meeting the
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12 required thirty-five (35) hours of work activity;
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13  8. A teen parent must live at home or in an approved, adult-

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14 supervised setting as specified in Section 230.55 of this title to
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15 receive TANF assistance;
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16  9. An applicant or recipient with an unborn child and who does

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17 not have children living in the home qualifies for TANF to the same
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18 extent as a parent with minor children living in the home;
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19  10. A recipient must comply with immunization requirements

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20 established pursuant to the TANF program;
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21  11. The following recipient resources are exempt from resource

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22 determination criteria:
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    Req. No. 724                                               Page 6
1   a. an automobile with an equity allowance of not more

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2                 than Five Thousand Dollars ($5,000.00) pursuant to

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3                 Section 230.53 of this title,

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4   b. individual development accounts established pursuant

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5                 to the Family Savings Initiative Act, or individual

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6                 development accounts established prior to November 1,

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7                 1998, pursuant to the provisions of Section 230.54 of

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8                 this title in an amount not to exceed Two Thousand

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9                 Dollars ($2,000.00),

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10  c. the equity value of funeral arrangements owned by a

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11                recipient that does not exceed the limitation

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12                specified by Section 165 of this title, and

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13  d. monthly child support payments not to exceed One

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14                Hundred Dollars ($100.00) per month for one child or

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15                Two Hundred Dollars ($200.00) per month for two or

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16                more children, and

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17  e. earned income disregards not to exceed One Hundred

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18                Twenty Dollars ($120.00) and one-half (1/2) seventy-

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19                five percent (75%) of the remainder of the earned

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20                income;

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21  12. An applicant who applies and is otherwise eligible to

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22 receive TANF benefits but who has resided in this state less than
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23 twelve (12) months shall be subject to Section 230.57 of this title;
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    Req. No. 724                                                 Page 7
1   13. The recipient shall enter into a personal responsibility

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2 agreement with the Department for receipt of assistance pursuant to
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3 Section 230.65 of this title;
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4   14. The Department shall, beginning November 1, 2023, screen

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5 all adult TANF recipients as part of the required TANF employability
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6 plan to determine if they are engaged in the illegal use of a
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7 controlled substance or substances. If the Department has made a
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8 determination that the recipient is engaged in the illegal use of a
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9 controlled substance or substances, the recipient's TANF
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10 employability plan will include substance abuse treatment and/or
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11 mental health counseling as a part of the assigned work activities
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12 as set out in paragraph 4 of this subsection. The Department of
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13 Human Services Director shall adopt rules to implement the
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14 requirements of this paragraph consistent with the following:
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15  a. the Department shall create a controlled substance

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16                screening process to be administered during the

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17                assessment process that determines the TANF

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18                employability plan. The process shall, at a minimum,

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19                include a Substance Abuse Subtle Screening Inventory

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20                (SASSI) or other similar screening methods. If

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21                necessary to establish a reasonable expectation of

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22                certainty, the Department is authorized to use further

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23                screening methods, which may include, but are not

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24                limited to, a clinical interview and consideration of

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    Req. No. 724                                               Page 8
1                 the Department's history with the applicant. If the

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2                 Department has reasonable cause to believe that the

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3                 recipient is engaged in the illegal use of a

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4                 controlled substance or substances, the Department is

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5                 authorized, though not required, to request

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6                 administration of a chemical drug test. The cost of

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7                 all such initial screenings shall not be borne by the

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8                 recipient,

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9   b. if at any time during the controlled substance

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10                screening process, the recipient refuses to

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11                participate without good cause, that refusal shall

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12                lead to a closure of TANF benefits;

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13  15. a. As a condition of participating in the STARS, all

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14                recipients are deemed to have given authorization for

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15                the release of any and all information necessary to

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16                allow all state and federal agencies to meet the

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17                program needs of the recipient.

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18  b. The recipient shall be provided a release form to sign

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19                in order to obtain the required information. Failure

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20                to sign the release form may result in case closure;

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21                and

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22  16. The recipient shall comply with all other conditions and

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23 requirements of the STARS, and rules of the Commission Director
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24 promulgated pursuant thereto.
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    Req. No. 724                                                Page 9
1   B. 1. Agencies of this state involved in providing services to

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2 recipients pursuant to the STARS shall exchange information as
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3 necessary for each agency to accomplish objectives and fulfill
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4 obligations created or imposed by the STARS and rules promulgated
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5 pursuant thereto.
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6   2. Information received pursuant to the STARS shall be

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7 maintained by the applicable agency and, except as otherwise
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8 provided by this subsection, shall be disclosed only in accordance
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9 with any confidentiality provisions applicable to the agency
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10 originating the information.
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11  3. The various agencies of the state shall execute operating

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12 agreements to facilitate information exchanges pursuant to the
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13 STARS.
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14  C. In implementing the TANF program, the Department shall:

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15  1. Provide assistance to aliens pursuant to Section 230.73 of

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16 this title;
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17  2. Provide for the closure of the TANF case when the adult

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18 recipient refuses to cooperate with agreed upon work activities or
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19 other case requirements pursuant to the TANF program;
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20  3. Provide for the sanctioning of parents who do not require

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21 their minor children to attend school; and
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22  4. Deny temporary assistance to fugitive felons.

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23  D. In order to ensure that the needy citizens of this state are

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24 receiving necessary benefits, the Department shall maintain a
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    Req. No. 724                                          Page 10
1 listing of all recipients receiving public assistance. The listing
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2 shall reflect each recipient's income, social security Social
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3 Security number, and the programs in which the recipient is
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4 participating including, but not limited to, TANF, food stamps,
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5 child care, and medical assistance.
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6   E. The Department is hereby authorized to establish a grant

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7 diversion program and emergency assistance services.
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8   SECTION 2. This act shall become effective July 1, 2025.

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9   SECTION 3. It being immediately necessary for the preservation

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10 of the public peace, health or safety, an emergency is hereby
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11 declared to exist, by reason whereof this act shall take effect and
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12 be in full force from and after its passage and approval.
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    Req. No. 724                                              Page 11
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