The department shall promote family economic self-support in accordance with the provisions of this chapter. [PL 1997, c. 530, Pt. A, §16 (NEW).] 1. Definitions. As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. A. "ASPIRE-TANF" means the ASPIRE-TANF program established in section 3781-A. [PL 1997, c. 530, Pt. A, §16 (NEW).] A-1. "Culturally and linguistically appropriate services" means services that are designed to serve culturally diverse populations in their preferred languages; function effectively within the context of cultural beliefs, behaviors and needs presented by TANF and ASPIRE-TANF participants and their communities; contribute to a work environment that supports diversity; promote community engagement; build trust and relationships with TANF and ASPIRE-TANF participants; actively support and enable TANF and ASPIRE-TANF participants to make informed choices; and value and facilitate the exchange of information with TANF and ASPIRE-TANF participants. [PL 2021, c. 648, §5 (NEW).] B. "Domestic violence" has the same meaning as provided in Section 408(a)(7)(C)(iii) of PRWORA. [PL 1997, c. 530, Pt. A, §16 (NEW).] B-1. "DRA" means the federal Deficit Reduction Act of 2005, Public Law 109-171, 120 Stat. 4. [PL 2009, c. 291, §4 (NEW).] C. "Federal poverty level" means the nonfarm income official poverty line for a family of the size involved, as defined by the federal Office of Management and Budget and revised annually in accordance with the United States Omnibus Budget Reconciliation Act of 1981, Section 673, Subsection 2. [PL 1997, c. 530, Pt. A, §16 (NEW).] D. "PRWORA" means the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law 104-193, 110 Stat. 2105. [PL 1997, c. 530, Pt. A, §16 (NEW).] E. "TANF" means the Temporary Assistance for Needy Families program, under the United States Social Security Act, as amended by PRWORA. "TANF" provides temporary assistance to needy, dependent children and their parents or caretaker relatives. [PL 1997, c. 530, Pt. A, §16 (NEW).] F. "Supplemental Nutrition Assistance Program" or "SNAP" means the statewide food supplement program administered by the State pursuant to section 3104. [PL 2021, c. 398, Pt. OO, §20 (NEW).] G. "Trauma-informed services" means services that acknowledge and are informed by the widespread impact of trauma and recognize the potential paths for recovery; recognize the unique signs and symptoms of trauma in clients, families and staff; respond by fully integrating knowledge about trauma into policies, procedures and practices; and seek to actively avoid retraumatization. [PL 2021, c. 648, §6 (NEW).] [PL 2021, c. 648, §§5, 6 (AMD).] 2. Collaboration. The department shall work collaboratively with the following agencies and entities to provide efficient and effective services that lead to self-support for Maine's families receiving TANF assistance: A. The state agency responsible for child care services; [PL 1997, c. 530, Pt. A, §16 (NEW).] B. The Department of Labor for services including employment and job training partnership services and vocational services; [PL 1997, c. 530, Pt. A, §16 (NEW).] C. [PL 2005, c. 397, Pt. A, §23 (RP).] D. The Department of Transportation; [PL 1997, c. 530, Pt. A, §16 (NEW).] E. The Department of Education and local providers of programs under the federal Adult Education Act, 20 United States Code, Section 1201 et seq. and the federal Carl D. Perkins Vocational and Applied Technology Education Act, 20 United States Code, Section 2301 et seq.; [PL 1997, c. 530, Pt. A, §16 (NEW).] F. The Department of Economic and Community Development; [PL 1997, c. 530, Pt. A, §16 (NEW).] G. Statewide organizations that work with women on self-sufficiency and employment opportunities, including a statewide nonprofit corporation that provides training and placement in trade and technical occupations that are not traditional for the persons served; [PL 2005, c. 397, Pt. C, §14 (AMD).] H. The municipalities of the State both individually and collectively; [PL 1997, c. 530, Pt. A, §16 (NEW).] I. The Maine Community College System; [PL 1997, c. 530, Pt. A, §16 (NEW); PL 2003, c. 20, Pt. OO, §2 (AMD); PL 2003, c. 20, Pt. OO, §4 (AFF).] J. The University of Maine System; and [PL 1997, c. 530, Pt. A, §16 (NEW).] K. Local service providers appropriate for TANF participants. [PL 1997, c. 530, Pt. A, §16 (NEW).] [PL 2005, c. 397, Pt. A, §23 (AMD); PL 2005, c. 397, Pt. C, §14 (AMD).] 3. Administration. The department may administer and operate a program of aid to needy dependent children, called "Temporary Assistance for Needy Families" or "TANF," in accordance with the United States Social Security Act, as amended by PRWORA and DRA, and this Title. A. The department shall adopt rules as necessary to implement and administer the program. The rules must include eligibility criteria, budgeting process, benefit calculation and confidentiality. For the purpose of determining eligibility for TANF, the department shall impose an asset limit of $10,000 per family and must exempt from the asset limit one vehicle for each licensed driver in the family. The confidentiality rules must ensure that confidentiality is maintained for TANF recipients at least to the same extent that confidentiality was maintained for families in the Aid to Families with Dependent Children program unless otherwise required by federal law or regulation. [PL 2023, c. 366, §1 (AMD).] B. The department may use funds, insofar as resources permit, provided under and in accordance with the United States Social Security Act or state funds appropriated for this purpose or a combination of state and federal funds to provide assistance to families under this chapter. In addition to assistance for families described in this subsection, funds must be expended for the following purposes: (1) To continue the pass-through of the first $50 per month of current child support collections and the exclusion of the $50 pass-through from the budget tests and benefit calculations; (2) To provide financial assistance to noncitizens legally admitted to the United States who are receiving assistance under this subsection as of July 1, 2011. Recipients of assistance under this subparagraph are limited to the categories of noncitizens who would be eligible for the TANF programs but for their status as aliens under PRWORA. Eligibility for the TANF program for these categories of noncitizens must be determined using the criteria applicable to other recipients of assistance from the TANF program. Any household receiving assistance as of July 1, 2011 may continue to receive assistance, as long as that household remains eligible, without regard to interruptions in coverage or gaps in eligibility for service. A noncitizen legally admitted to the United States who is neither receiving assistance on July 1, 2011 nor has an application pending for assistance on July 1, 2011 that is later approved is not eligible for financial assistance through a state-funded program unless that noncitizen is: (a) Elderly or disabled, as described under the laws governing supplemental security income in 42 United States Code, Sections 1381 to 1383f (2010); (b) A victim of domestic violence; (c) Experiencing other hardship, such as time necessary to obtain proper work documentation, as defined by the department by rule. Rules adopted by the department under this division are routine technical rules as defined by Title 5, chapter 375, subchapter 2-A; or (d) Unemployed but has obtained proper work documentation, as defined by the department by rule. Rules adopted by the department under this division are routine technical rules as defined by Title 5, chapter 375, subchapter 2-A; (3) To provide benefits to 2-parent families with children using the same eligibility requirements as apply to families headed by a single custodial parent or caretaker relative; (4) To provide an assistance program for needy children, 19 to 21 years of age, who are in full- time attendance in secondary school. The program is operated for those individuals who qualify for TANF under the United States Social Security Act, except that they fail to meet the age requirement, and is also operated for the parent or caretaker relative of those individuals. Except for the age requirement, all provisions of TANF, including the standard of need and the amount of assistance, apply to the program established pursuant to this subparagraph; (5) To provide assistance for a pregnant woman who is otherwise eligible for assistance under this chapter, except that the individual has no dependents under 19 years of age. An individual is eligible for the monthly benefit for one eligible person if the medically substantiated expected date of the birth of the individual's child is not more than 90 days following the date the benefit is received; (6) To provide a special housing allowance for TANF families whose shelter expenses for rent, mortgage or similar payments, homeowners insurance and property taxes equal or exceed 50% of their monthly income excluding any income disregarded pursuant to subparagraph (7-D), divisions (a) and (b). The special housing allowance is limited to $300 per month for each family. For purposes of this subparagraph, "monthly income" means the total of the TANF monthly benefit and all income countable under the TANF program, plus child support received by the family, excluding the $50 pass-through payment; (7-C) In determining financial eligibility for applicants who have earnings from employment, the department shall disregard from monthly earnings the following: (a) One hundred and eight dollars; (b) Fifty percent of the remaining earnings that are less than the federal poverty level; and (c) All actual child care costs necessary for work, except that the department may limit the child care disregard to $175 per month per child or $200 per month per child under 2 years of age or with special needs; REVISOR'S NOTE: Subparagraph (7-C) as enacted by PL 2019, c. 485, §3 is REALLOCATED TO TITLE 22, SECTION 3762, SUBSECTION 3, PARAGRAPH B, SUBPARAGRAPH (7-F) (7-D) In determining benefit levels, the department shall disregard the following amounts from the monthly earnings of recipients: (a) One hundred percent of: (i) All earned income received for the first 3 months of employment that began while participating in TANF; or (ii) The first 3 months of any increase in earned income received while participating in TANF. Any month in which the disregard under this division does not increase the recipient's benefit above that which the benefit would be if the disregard in division (c) is applied does not count as a month in which earned income is disregarded under this division; (b) Seventy-five percent of: (i) All earned income received for the 4th to 6th months of employment that began while participating in TANF; or (ii) The 4th to 6th months of any increase in earned income received while participating in TANF. Any month in which the disregard under this division does not increase the recipient's benefit above that which the benefit would be if the disregard in division (c) is applied does not count as a month in which earned income is disregarded under this division; (c) One hundred and eight dollars and 50% of the remaining earnings that are less than the federal poverty level for any month of employment in which a disregard in division (a) or (b) is not applied; and (d) All actual child care costs necessary for work, except that the department may limit the child care disregard to $175 per month per child or $200 per month per child under 2 years of age or with special needs; (7-E) For any period during which a household's SNAP benefit is reduced as a result of earnings and receipt of the earned income disregard applied under subparagraph (7-D), division (a) or (b), the household must receive additional SNAP benefits in an amount that will, in addition to the SNAP benefits for which the household remains eligible, provide the household with a minimum of $50 in SNAP benefits. Additional SNAP benefits under this subparagraph are a noncash benefit and may be used to purchase only those food items permitted under the Supplemental Nutrition Assistance Program; (7-F) (REALLOCATED FROM T. 22, §3762, sub-§3, ¶B, sub-¶(7-C)) In determining financial eligibility and benefit levels for TANF applicants and TANF recipients, the department shall deduct the income less any applicable income disregards from the standard of need and may not apply any other income test; (8) In cases when the TANF recipient has no child care cost, the monthly TANF benefit is the maximum payment level or the difference between the countable earnings and the standard of need established by rule adopted by the department, whichever is lower; (9) In cases when the TANF recipient has child care costs, the department shall determine a total benefit package, including TANF cash assistance, determined in accordance with subparagraph (7-D) and additional child care assistance, as provided by rule, necessary to cover the TANF recipient's actual child care costs up to the maximum amount specified in section 3782-A, subsection 5, paragraph B. The benefit amount must be paid as provided in this subparagraph. (a) Before the first month in which child care assistance is available to an ASPIRE-TANF recipient under this paragraph and periodically thereafter, the department shall notify the recipient of the total benefit package and the following options of the recipient: to receive the total benefit package directly; or to have the department pay the recipient's child care assistance directly to the designated child care provider for the recipient and pay the balance of the total benefit package to the recipient. (b) If an ASPIRE-TANF recipient notifies the department that the recipient chooses to receive the child care assistance directly, the department shall pay the total benefit package to the recipient. (c) If an ASPIRE-TANF recipient does not respond or notifies the department of the choice to have the child care assistance paid directly to the child care provider from the total benefit package, the department shall pay the child care assistance directly to the designated child care provider for the recipient. The department shall pay the balance of the total benefit package to the recipient; (10) Child care assistance under this paragraph must be paid by the department in a prompt manner that permits an ASPIRE-TANF recipient to access child care necessary for work; and (11) The department shall adopt rules pursuant to Title 5, chapter 375 to implement this subsection. Rules adopted pursuant to this subparagraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. [PL 2023, c. 29, §§1, 2 (AMD).] [PL 2023, c. 29, §§1, 2 (AMD); PL 2023, c. 366, §1 (AMD).] 4. Promoting support by both parents. The department shall enforce laws and establish policies to ensure that both parents contribute to the economic support of their child or children and to promote every child's right to economic support from both parents. Applicants for and recipients of assistance may refuse to cooperate in the establishment of paternity or child support enforcement for good cause related to domestic violence, including situations when cooperation may result in harm to the parent or child, or when the child was conceived as a result of incest or rape. Evidence supporting a good cause determination includes, but is not limited to, the evidence specified in section 3785, subsection 13. The department shall notify all applicants and recipients orally and in writing of the availability of this determination. When a determination of good cause is made by the department, the department may not impose sanctions or penalties against the applicant or recipient or engage in any other activity that could subject any member of the family to harm. [PL 1997, c. 530, Pt. A, §16 (NEW).] 5. Move to sustainable employment. The department shall assist parents who receive TANF assistance to move as quickly as possible into employment that will sustain the family. [PL 1997, c. 530, Pt. A, §16 (NEW).] 6. Training; partnerships. The department shall increase the employability of parents who receive TANF assistance through on-the-job training and strengthening the public and private workforce partnership by developing training sites and jobs for those parents. [PL 1997, c. 530, Pt. A, §16 (NEW).] 7. Teenage pregnancies; minimization. The department shall provide education and services to minimize teenage pregnancies with special attention paid to the role of the male. [PL 1997, c. 530, Pt. A, §16 (NEW).] 8. Transitional support services. The department shall administer a program of transitional support services in accordance with PRWORA, DRA and this subsection. A. [PL 2019, c. 485, §4 (RP).] B. The department shall provide limited transitional transportation benefits to meet employment- related costs to ASPIRE-TANF program participants who lose eligibility for TANF assistance due to employment and to employed families with children with income less than 200% of the federal poverty level. The department may also make transitional transportation benefits available to families in which one or both adults are working and who, although they remain financially eligible for TANF benefits, request that their benefits be terminated. Benefits may be provided for up to 18 months. The department may adopt rules that impose a weekly limit on available transitional transportation benefits and that require a contribution from each participant toward the cost of transportation. For the purposes of employed families whose household income is less than 200% of the federal poverty level and who do not qualify based on the loss of TANF eligibility due to earnings or are a 2-parent household who request termination of TANF benefits when at least one adult is working, the department may use up to $1,400,000 annually from the federal TANF block grant for expenditures under this program. [PL 2021, c. 1, Pt. N, §1 (AMD).] C. The department shall make available transitional child care services to families who lose eligibility for TANF as a result of increased earnings or an increase in the number of hours worked. The department shall make available transitional child care services to families who lose eligibility for TANF as a result of increased earnings or an increase in the number of hours worked and whose gross income is equal to or less than 250% of the federal poverty guidelines. The department may also make transitional child care services available to families in which one or both adults are working and who, although they remain financially eligible for TANF benefits, request that their benefits be terminated. The family shall pay a premium, which may be waived but may not exceed 10% of gross income, based on the family's gross income compared to the federal poverty level in accordance with rules adopted by the department. Parents must have a choice of child care within the rate established by the department. [PL 2021, c. 534, §1 (AMD).] D. [PL 2011, c. 655, Pt. S, §1 (RP).] E. The department shall establish payment rates for child care services that are up to the 75th percentile of local market rates for the various categories of child care services. The payment rates for child care services for children with special needs may be higher than the 75th percentile of local market rates. [PL 2017, c. 412, §3 (RPR).] F. The department may provide limited transitional food benefits to meet the needs of SNAP benefit recipients living with one or more dependent children under 18 years of age who are working at least 30 hours per week or who are working at least 20 hours per week if one or more dependent child is under 6 years of age. The benefit may not exceed $100 per month per family. [PL 2021, c. 398, Pt. OO, §22 (AMD).] [PL 2021, c. 534, §1 (AMD).] 9. Procedures. The following procedural requirements apply to the program: A. The department shall make information on the program available to the public in written form understandable at the 6th-grade reading level and orally, as needed. [PL 1997, c. 530, Pt. A, §16 (NEW).] B. The department shall take written applications for assistance, which must be available on request. The department shall provide the applicant written notice of the granting or denial of assistance within 30 days of application. If the family is granted assistance, the notice must state the amount of the benefit. Assistance must be provided promptly to an eligible family without any delay attributable to the administrative process and must be continued regularly to all eligible individuals until they are found to be ineligible. Applicants and recipients must be provided with timely and adequate notice of any intended action to discontinue, terminate, suspend or reduce assistance or to change the manner of paying cash assistance to a protective payee, vendor or through a 2-party payment. Notices under this paragraph must inform the applicant of the right to a fair hearing before an impartial hearing officer and also inform the applicant how to request a hearing. Hearing requests may be made orally or in writing. Hearings must be conducted pursuant to the Maine Administrative Procedure Act. [PL 1997, c. 530, Pt. A, §16 (NEW).] C. The department shall establish uniform statewide eligibility criteria and benefit levels under the TANF program except as provided in this chapter or chapter 1054-A. Eligibility criteria and benefit levels may not result in cash assistance levels below those in effect on June 1, 1997. [PL 1997, c. 530, Pt. A, §16 (NEW).] [PL 1997, c. 530, Pt. A, §16 (NEW).] 10. Domestic violence. The following provisions apply with regard to victims of domestic violence. A. The department shall provide all applicants for assistance under this chapter with information both orally and in writing of the availability of services for victims of domestic violence and of the good cause determination for victims of domestic violence under section 3785, subsection 13. If an applicant requests a good cause determination under section 3785, subsection 13, the department shall promptly determine whether the applicant qualifies for good cause. An individual may not be required to participate in any TANF activity including orientation until the good cause determination is made. [PL 1997, c. 530, Pt. A, §16 (NEW).] B. When a determination of good cause is made under section 3785, subsection 13, the ASPIRE- TANF program may contact the individual and offer domestic violence victim services or other appropriate services on a voluntary basis. [PL 1997, c. 530, Pt. A, §16 (NEW).] [PL 1997, c. 530, Pt. A, §16 (NEW).] 11. Treatment of lump sum income. For the purpose of determining eligibility for assistance under TANF, the department shall treat any nonrecurring lump sum income received by a family as an asset, and not as income, in the month the lump sum payment is received. To the extent that any nonrecurring lump sum income remains after the month it was received, the department shall continue to consider the income as an asset in accordance with this section. A. Nonrecurring lump sum income includes, but is not limited to, personal injury awards, lottery winnings, inheritances and similar nonrecurring forms of income. It does not include income earmarked by the payor for particular expenses such as awards or insurance proceeds earmarked for medical expenses, attorney's fees or the replacement of lost property. Proceeds from the conversion of a nonliquid asset to a liquid asset must be treated as an asset and not as nonrecurring lump sum income. [PL 1997, c. 530, Pt. A, §16 (NEW).] B. [PL 2023, c. 366, §2 (RP).] C. [PL 2023, c. 366, §2 (RP).] D. [PL 2023, c. 366, §2 (RP).] [PL 2023, c. 366, §2 (AMD).] 12. Information about and application for Parents as Scholars. When there are fewer than 2000 enrollees in the Parents as Scholars Program under chapter 1054-B, the department shall inform all persons applying for TANF assistance and all recipients reviewing or requesting to amend their participation in the program of the Parents as Scholars Program and shall offer them the opportunity to apply for the program. [PL 1997, c. 530, Pt. A, §16 (NEW).] 13. Reports to Legislature. The department shall provide information annually to the joint standing committee of the Legislature having jurisdiction over health and human services matters in order to allow the Legislature to evaluate the TANF program. Such information must include but is not limited to the number of TANF households and family members, a comparison of TANF eligibility levels with the federal poverty level, the number of TANF participants in training, education and work activity components and the rates at which individuals who have found employment through ASPIRE- TANF return to the TANF program. The information must include a summary of any federal laws enacted in the previous fiscal year that may require changes in the ASPIRE-TANF program. The information of the federal law changes must include a summary of any potential positive or negative impact on the TANF program and the ASPIRE-TANF program. [PL 2007, c. 282, §1 (AMD).] 14. Notification to Legislature. The department shall notify the joint standing committee of the Legislature having jurisdiction over health and human services matters of any request for waivers from the United States Department of Health and Human Services or any other federal agency concerning the implementation of chapters 1053-A, 1054, 1054-A and 1054-B. [PL 1997, c. 530, Pt. A, §16 (NEW).] 15. Conditions of continued assistance. [PL 2011, c. 380, Pt. PP, §1 (RP).] 16. Authorization of fund transfer. Notwithstanding any provision of law to the contrary, the department is authorized to transfer to the TANF account any funds available in the ASPIRE-TANF account necessary to meet the purposes of TANF, including the purposes established in subsection 3, paragraph B. [PL 2001, c. 338, §4 (NEW).] 17. Prohibition against denial of assistance based on drug conviction. A person who is otherwise eligible to receive TANF may not be denied assistance because the person has been convicted of a drug-related felony as described in Section 115 of PRWORA. [PL 2001, c. 598, §2 (NEW).] 18. Lifetime limit on assistance. Beginning January 1, 2012, a family may not receive TANF assistance for longer than 60 months except in those cases in which the department has determined that the family qualifies for an exemption or extension under rules adopted by the department. When an adult has received TANF assistance for 60 months, unless the adult has been exempted or granted an extension by the department, the family unit in which the adult is a member is ineligible for assistance. The department shall consider conditions or situations beyond the control of the adult recipient, including but not limited to a physical or mental condition that prevents the adult from obtaining or retaining gainful employment, being a victim of domestic violence, participating in good standing in an approved education program or a program that is expected to lead to gainful employment, being the caretaker relative in the household who is not the parent of the child or children in the assistance unit and who is required to remain at home to care for a dependent in the assistance unit and loss of employment by the adult following termination of TANF under this subsection. The department shall grant an extension to a household for each month in which a family received TANF assistance and an earnings disregard under subsection 3, paragraph B, subparagraph (7-D), division (a) or (b). This extension does not apply to a TANF recipient who has reached the 60-month time limit prior to October 1, 2019. The department shall adopt rules to implement this subsection. Rules adopted pursuant to this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A. [PL 2019, c. 484, §3 (AMD).] REVISOR'S NOTE: Subsection 18 as enacted by PL 2011, c. 380, Pt. LL, §1 is REALLOCATED TO TITLE 22, SECTION 3762, SUBSECTION 20 19. Pretermination notice process. No later than 120 days prior to the end of a family's 60th month of receiving assistance, the department shall offer the adult recipient an opportunity to hold a meeting to review the family's case and: A. Explain the exemption and extension criteria established in subsection 18 to the family and determine if those criteria apply to the family; and [PL 2011, c. 380, Pt. PP, §2 (NEW).] B. Explain that any determination made pursuant to this subsection may be appealed in accordance with the hearing process established in subsection 9, paragraph B. [PL 2011, c. 380, Pt. PP, §2 (NEW).] For a family whose assistance is to be terminated, a supervisory review by the department is required. The review must include but is not limited to an evaluation of the need for additional information to determine if cause for an exemption or extension exists. If the conclusion of the evaluation determines additional vocational, health, mental health or other information is necessary, the department shall work in collaboration with the adult recipient in the development of the information prior to the determination of status or termination. For a family whose assistance is to be terminated pursuant to this subsection, the department shall provide information to the family regarding any other resources that may be available to help meet that family's basic needs. [PL 2011, c. 380, Pt. PP, §2 (NEW).] 20. (REALLOCATED FROM T. 22, §3762, sub-§18) Denial of assistance based on positive drug test. [PL 2019, c. 343, Pt. CCC, §1 (RP).] 21. Duty to provide culturally and linguistically appropriate and trauma-informed services. The department shall work with all TANF and ASPIRE-TANF participants to provide culturally and linguistically appropriate services and trauma-informed services to assist each family in obtaining the services and skills necessary to sustain economic stability and opportunity after leaving TANF. Each TANF and ASPIRE-TANF participant must be screened to identify any need for culturally or linguistically appropriate or trauma-informed services. If such a need is identified, the department shall use appropriate methods and techniques to work with the participant to develop goals that reflect, to the greatest extent possible, the preferences of the participant and individualized plans that address the participant's situation and barriers to sustained economic stability. The department shall work with TANF and ASPIRE-TANF participants to connect them with appropriate programs and services available to help the families attain and sustain economic stability and to ensure the well-being of the children. [PL 2021, c. 648, §7 (NEW).]
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