H. B. 2872


(By Delegates Hatfield, Perdue,
Boggs, Brown and Border)

[Introduced February 6, 2007 ; referred to the
Committee on the Judiciary.]


A BILL to amend and reenact §9-9-3, §9-9-6, §9-9-7, §9-9-8 and §9-9-9 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto two new sections, designated §9-9-21 and §9-9-22; all relating to bringing the West Virginia Works Program into compliance with federal law as required by the Deficit Reduction Act; continuing state funding of two and four-year post-secondary education for WV Works eligibility; and providing for state funding for two-parent families to remain eligible for WV Works.

Be it enacted by the Legislature of West Virginia:
That §9-9-3, §9-9-6, §9-9-7, §9-9-8 and §9-9-9 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding thereto two new sections, designated §9-9-21 and §9-9-22, all to read as follows:
ARTICLE 9. WEST VIRGINIA WORKS PROGRAM.
§9-9-3. Definitions.
In addition to the rules for the construction of statutes in section ten, article two, chapter two of this code and the words and terms defined in section two, article one of this chapter, unless a different meaning appears from the context:
(a) "At-risk family" means a group of persons living in the same household, living below the federally designated poverty level, lacking the resources to become self-supporting and consisting of a dependent minor child or children living with a parent, stepparent or caretaker-relative; an "at-risk family" may include an unmarried minor parent and his or her dependent child or children who live in an adult-supervised setting;
(b) "Beneficiary" or "participant" means any parent, work eligible individuals or caretaker-relative in an at-risk family who receives cash assistance for himself or herself and family members;
(c) "Care-taker relative" means grandparents or other nonparental caretakers not included in the assistance group or receiving cash assistance directly.
(c) (d) "Cash assistance" means temporary assistance for needy families;
(d) (e) "Challenge" means any fact, circumstance or situation that prevents a person from becoming self-sufficient or from seeking, obtaining or maintaining employment of any kind, including physical or mental disabilities, lack of education, testing, training, counseling, child care arrangements, transportation, medical treatment or substance abuse treatment;
(e) (f) "Community or personal development" means activities designed or intended to eliminate challenges to participation in self-sufficiency activities. These activities are to provide community benefit and enhance personal responsibility, including, but not limited to, classes or counseling for learning life skills or parenting, dependent care, job readiness, volunteer work, participation in sheltered workshops or substance abuse treatment;
(f) (g) "Department" means the State Department of Health and Human Resources;
(g) (h) "Education and training" means hours spent regularly attending and preparing for classes in any approved course of schooling or training;
(h) (i) "Family assessments" means evaluation of the following: Work skills, prior work experience, employability, education and challenges to becoming self-sufficient such as mental health and physical health issues along with lack of transportation and child care;
(i) (j) "Income" means money received by any member of an at-risk family which can be used at the discretion of the household to meet its basic needs: Provided, That income does not include:
(1) Supplemental security income paid to any member or members of the at-risk family;
(2) Earnings of minor children;
(3) Payments received from earned income tax credit or tax refunds;
(4) Earnings deposited in an individual development account approved by the department;
(5) Any educational grant or scholarship income regardless of source; or
(6) Any moneys specifically excluded from countable income by federal law;
(k) "Minor child head of household" means an emancipated minor under the age of eighteen years;
(l) "Nonrecipient parent" means an adult or adults excluded or disqualified by federal or state law from receiving cash assistance;
(j) (m) "Personal responsibility contract" means a written agreement entered into by the department and a beneficiary for purposes of participation in the WV Works program;
(k) (n) "Secretary" means the secretary of the state Department of Health and Human Resources;
(l) (o) "Subsidized employment" means employment with earnings provided by an employer who receives a subsidy from the department for the creation and maintenance of the employment position;
(m) (p) "Support services" includes, but is not limited to, the following services: Child care; medicaid; transportation assistance; information and referral; resource development services which includes assisting families to receive child support and supplemental security income; family support services which includes parenting, budgeting and family planning; relocation assistance; and mentoring services;
(q) "Temporary assistance to needy families" is the federal program funded under Part A, Title IV of the Social Security Act, codified at 42 U.S.C. §601 et. seq.
(n) (r) "Transitional assistance" may include medical assistance, food stamp assistance, child care and supportive services as defined by the secretary and as funding permits;
(s) "Two parent family" means two parents with a common child residing in the same household and included in a common WV Works grant payment or, two parents with a common child residing in the same home and one or both of the parents are "work eligible individuals", as that term is defined in this section, but are excluded from the WV Works payments unless the exclusion is due to an exemption as provided in section eight of this article.
(o) (t) "Unsubsidized employment" means employment with earnings provided by an employer who does not receive a subsidy from the department for the creation and maintenance of the employment position;
(u) "Vocational educational training" means organized educational programs, not to exceed twelve months for any individual, that are directly related to the preparation of individuals for employment in current or emerging occupations required training other than a baccalaureate or advance degree.
(p) (v) "Work" means unsubsidized employment, subsidized employment, work experience, community or personal development and education and training; and
(w) "Work eligible individual" means an adult, or minor child head-of-household, receiving assistance under the WV Works program or, a nonrecipient parent living with a child receiving such assistance; and
(q) (x) "Work experience" means unpaid structured work activities that are provided in an environment where performance expectations are similar to those existing in unsubsidized employment and which provide training in occupational areas that can realistically be expected to lead to unsubsidized employment a publically assisted work activity, including work associated with the refurbishing of publically assisted housing, performed in return for program benefits that provide general skills, training, knowledge, and work habits necessary to obtain employment. This activity must be supervised daily and on an ongoing basis by an employer, work site sponsor, or other responsible party.
§9-9-6. Program participation.
(a) Unless otherwise noted in this article, all adult beneficiaries of cash assistance and work eligible individuals shall participate in the West Virginia works program in accordance with the provisions of this article. The level of participation, services to be delivered and work requirements shall be defined through legislative rules established by the secretary.
(b) Any individual exempt under the provisions of section eight of this article may participate in the activities and programs offered through the West Virginia works program.
(c) Support services other than cash assistance through the West Virginia works program may be provided to at-risk families to assist in meeting the work requirements or to eliminate the need for cash assistance.
(d) Cash assistance through the West Virginia works program may be provided to an at-risk family if the combined family income, as defined in subsection (h), section three of this article, is below the income test levels established by the department: Provided, That any adult member of an at-risk family who receives supplemental security income shall be excluded from the benefit group: Provided, however, That, within the limits of funds appropriated therefor, an at-risk family that includes a married man and woman and dependent children of either one or both may receive an additional cash assistance benefit in an amount of one hundred dollars or less: Provided further, That an at-risk family shall receive an additional cash assistance benefit in the amount of twenty-five dollars regardless of the amount of child support collected in a month on behalf of a child or children of the at-risk family, as allowed by federal law.
§9-9-7. Work requirements.
(a) Unless otherwise exempted by the provisions of section eight of this article, the West Virginia works program shall require that anyone who possesses a high school diploma, or its equivalent, or anyone who is of the age of twenty years or more, to work or attend an educational or training program for at least the minimum number of hours per week required by federal law under the work participation rate requirements for all families in order to receive any form of cash assistance. Participation in any education or training activity, as defined in section three of this article, shall be counted toward satisfaction of the work requirement imposed by this section to the extent permissible under federal law and regulation: Provided, That the participant demonstrates adequate progress toward completion of the program. Provided, however, That participants who are enrolled in post-secondary courses leading to a two- or four-year degree may be required to engage in no more than ten hours per week of federally defined work activities, unless the department certifies that allowing education to count toward required work activities would affect the state's ability to meet federal work participation rates. In accordance with federal law or regulation, the work, education and training requirements of this section are waived for any qualifying participant with a child under six years of age if the participant is unable to obtain appropriate and available child care services In accordance with federal law or regulation, the work, education and training requirements of this section are waived for any qualifying participant with a child under six years of age if the participant is unable to obtain appropriate and available child care services.
(b) The department and representatives of all college and university systems of West Virginia shall develop and implement a plan to use and expand the programs available at the state's community and technical colleges, colleges and universities to assist beneficiaries or participants who are enrolled or wish to become enrolled in two and four-year degree programs of post-secondary education to meet the work requirements of this section vocational educational training not to exceed twelve months with respect to any individual to meet the work requirements of this section. Vocational educational training must be supervised daily and on an ongoing basis.
§9-9-8. Exemptions.
The secretary shall establish by rule categories of persons exempt, but the exemption applies only to the work requirements of the program: Provided, That a person who is exempt from the work requirements may nevertheless participate voluntarily in work activities. The categories of exemption shall include, but are not limited to, the following:
(a) A parent caring for a dependent child with a life-threatening illness;
(b) Individuals over the age of sixty years;
(c) Full-time students who are less than twenty years of age and are pursuing a high school diploma or its equivalent;
(d) Persons with a physical or mental incapacity or persons suffering from a temporary debilitating injury lasting more than thirty days, as defined by the secretary;
(e) Relatives providing in-home care for an individual who would otherwise be institutionalized; and
(f) Any beneficiary who has a child in his or her at-risk family which has not attained twelve months of age, for a period of six months, and for a period of six months upon the birth of any additional child: Provided, That no more than one beneficiary in an at-risk family may be exempt at the same time. The categories of exemptions are limited to the following:
(1) Undocumented aliens and aliens under the five year ban;
(2) Parents, or at state option on a case by case basis, anyone receiving supplemental security income;
(3) A parent who is providing medically necessary care for a disabled family member who resides in the home and is not a full time student;
(4) Minor parents who are not head of household;
(5) Spouses of the head of household; or
(6) Grandparents and other nonparental caretakers.
§9-9-9. Personal responsibility contract.
(a)(1) Every eligible adult beneficiary and work eligible individual shall participate in a program orientation, family assessments and in the development, and subsequent revisions, of a personal responsibility contract. The contract shall be defined based on the program time limits, support services available, work requirements and family assessments.
(2) The participant's contract shall include the following requirements: That the participant develop and maintain, with the appropriate health care provider, a schedule of preventive care for his or her dependent child or children, including routine examinations and immunizations; assurance of school attendance for school-age children under his or her care; assurance of properly supervised child care, including after-school care; establishment of paternity or active pursuit of child support, or both, if applicable and if considered necessary; and nutrition or other counseling, parenting or family-planning classes.
(3) If the participant is a teenage parent, he or she may work, but the contract shall include the requirements that the participant:
(A) Remain in an educational activity to complete high school, obtain a general equivalency diploma or obtain vocational training and make satisfactory scholastic progress;
(B) Attend parenting classes or participate in a mentorship program, or both, if appropriate; and
(C) Live at home with his or her parent or guardian or in some other adult-supervised arrangements if he or she is an unemancipated minor.
(4) If the participant is under the age of twenty years and does not have a high school diploma or its equivalent, the contract shall include requirements to participate in mandatory education or training which, if the participant is unemployed, may include a return to high school, with satisfactory scholastic progress required.
(b) In order to receive cash assistance, the participant shall enter into a personal responsibility contract. If the participant refuses to sign the personal responsibility contract, the participant and family members are ineligible to receive cash assistance: Provided, That a participant who alleges that the terms of a personal responsibility contract are inappropriate based on his or her individual circumstances may request and shall be provided a fair and impartial hearing in accordance with administrative procedures established by the department and due process of law. A participant who signs a personal responsibility contract or complies with a personal responsibility contract does not waive his or her right to request and receive a hearing under this subsection.
(c) Personal responsibility contracts shall be drafted by the department on a case-by-case basis; take into consideration the individual circumstances of each beneficiary; reviewed and reevaluated periodically, but not less than on an annual basis; and, in the discretion of the department, amended on a periodic basis.
§9-9-21. WV Works State College Program; eligibility; special revenue account.
(a) There is established the WV Works State College Program. The program shall provide funding for participants who are enrolled in post-secondary courses leading to a two or four-year degree. There is created within the State Treasury a special revenue account to be known as the "WV Works State College Program Fund". Expenditures from the fund shall be for the purposes set forth in this section and are not authorized from collections but are to be made only in accordance with appropriations by the Legislature and in accordance with the provisions of article three, chapter twelve of this code and upon fulfillment of the provisions of article two, chapter eleven-b of this code. Necessary expenditures include wage reimbursements to participating employers, temporary assistance to needy families, payments for support services, employment-related child care payments, transportation expenses and administrative costs directly associated with the operation of the program.
(b) All eligible adults attending post-secondary courses leading to a two or four-year degree and who are not participating in vocational education training, as that term is defined in this section, shall be enrolled in the WV Works Separate College Program. Participants in the program shall not be required to engage in more than ten hours per week of federally defined work activities. The work, education and training requirements of this article are waived for any qualifying participant with a child under six years of age if the participant is unable to obtain appropriate and available child care services all other requirements of WV Works shall apply to program administration for adults enrolled in the program.
(c) The Department of Health and Human Resources shall work with the Higher Education Policy Commission, as set forth in article one-b, of chapter eighteen-b of this code, and the Council for Community and Technical College Education, as set forth in article two-b, of chapter eighteen-b of this code, to develop and implement a plan to use and expend the programs available at the state's community and technical colleges and colleges and universities to assist participants who are enrolled, or wish to become enrolled, in two and four-year degree programs of post-secondary education to meet the work requirements of this section.
§9-9-22. WV Works Two Parent Families Program.
(a) There is established the WV Works Two Parent Families Program. The program shall provide funding for participants who are a two parent family as that term is defined in this article. There is created within the State Treasury a special revenue account to be known as the "WV Works Two Parent Program Fund". Expenditures from the fund shall be for the purposes set forth in this section and are not authorized from collections but are to be made only in accordance with appropriations by the Legislature and in accordance with the provisions of article three, chapter twelve of this code and upon fulfillment of the provisions of article two, chapter eleven-b of this code. Necessary expenditures include wage reimbursements to participating employers, temporary assistance to needy families, payments for support services, employment-related child care payments, transportation expenses and administrative costs directly associated with the operation of the program.
(b) All eligible two parent families, as that term is defined in this section, shall enroll in the WV Works Two Parent Families Program. All requirements of WV Works shall apply to program administration for two parent families enrolled in the program.



NOTE: The purpose of this bill is to make statutory changes that are necessary to bring the West Virginia Works statutes into compliance with requirements of the Deficit Reduction Act.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicated new language that would be added.