By Nelson S.B. No. 62 74R754 MLR-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to termination of AFDC payments for certain children. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Section 31.001, Human Resources Code, is amended 1-5 to read as follows: 1-6 Sec. 31.001. AID TO FAMILIES WITH DEPENDENT CHILDREN. (a) 1-7 The department shall provide financial assistance and services to 1-8 families with dependent children in accordance with the provisions 1-9 of this chapter. 1-10 (b) The signature on the AFDC application of the parent, 1-11 guardian, or other individual who is applying for assistance 1-12 constitutes written consent for the release to the department of 1-13 school attendance records required to administer Subchapter E. 1-14 SECTION 2. Chapter 31, Human Resources Code, is amended by 1-15 adding Subchapter E to read as follows: 1-16 SUBCHAPTER E. ELIGIBILITY OF SCHOOL AGE DEPENDENT CHILDREN 1-17 AND CHILD RECIPIENTS OF ASSISTANCE 1-18 Sec. 31.081. ELIGIBILITY. (a) The department shall require 1-19 as a condition of eligibility under this chapter that a person who 1-20 is at least 13 years of age but younger than 18 years of age and 1-21 who is a dependent child or is receiving assistance on behalf of a 1-22 dependent child attend school regularly or possess a high school 1-23 diploma or a high school equivalency certificate. 1-24 (b) This subchapter does not apply to a child who is 2-1 specifically exempted from compulsory attendance under Section 2-2 21.033, Education Code. 2-3 Sec. 31.082. SCHOOL ATTENDANCE REQUIRED. (a) The 2-4 department by rule shall establish criteria to determine whether a 2-5 person who is a dependent child or is receiving assistance on 2-6 behalf of a dependent child is regularly attending school. The 2-7 rules shall provide that: 2-8 (1) the person must comply with attendance 2-9 requirements under Subchapter B, Chapter 21, Education Code; and 2-10 (2) attendance for a school day is considered at least 2-11 five hours of a regular school day. 2-12 (b) At the time of application for assistance under this 2-13 chapter, at the end of every school semester, and during each 2-14 regular review, the department shall contact the school attendance 2-15 officer at the school in which the person is enrolled to determine 2-16 if the person is regularly attending school. 2-17 (c) The department shall immediately notify the parent, 2-18 guardian, or managing conservator of the child if the department 2-19 determines that the child has not met the school attendance 2-20 requirements prescribed by this subchapter. 2-21 Sec. 31.083. EXEMPTIONS; EXCUSED ABSENCES. (a) The 2-22 department by rule shall prescribe criteria for exempting a child 2-23 from this subchapter and for determining when an absence is 2-24 excused. 2-25 (b) The rules relating to excused absences may be no more 2-26 restrictive than the standards for determining an excused absence 2-27 under Subchapter B, Chapter 21, Education Code. 3-1 Sec. 31.084. BENEFITS WITHHELD. (a) If after an 3-2 investigation the department determines that a dependent child or a 3-3 child receiving benefits on behalf of a dependent child is not 3-4 meeting attendance requirements under this subchapter, the 3-5 department shall withhold the assistance provided to or for that 3-6 child in accordance with department rules. 3-7 (b) The department shall immediately notify the individual 3-8 receiving assistance if the department determines that assistance 3-9 is to be withheld. 3-10 (c) If an adult is receiving assistance on behalf of a 3-11 dependent child who does not meet the school attendance 3-12 requirements prescribed by this subchapter and that child is the 3-13 only dependent child on whose behalf the adult receives assistance, 3-14 the department may continue assistance to the adult for not more 3-15 than three months to meet the needs of the adult. The additional 3-16 assistance may be continued only during the period that follows the 3-17 first time the dependent child does not meet the school attendance 3-18 requirements. 3-19 Sec. 31.085. GOOD CAUSE NONCOMPLIANCE HEARING. (a) If the 3-20 department has determined that a child is not meeting attendance 3-21 requirements, the child, the person receiving assistance on behalf 3-22 of a dependent child, or the child's parent, guardian, or managing 3-23 conservator may request a hearing to show good cause for 3-24 noncompliance. 3-25 (b) If the department finds that good cause for 3-26 noncompliance was not shown at a hearing, the department shall 3-27 withhold assistance paid for or to a child until the department 4-1 determines that the child is in compliance with this subchapter. 4-2 Sec. 31.086. SUPPORT SERVICES. (a) The department shall 4-3 develop a program of support-related services to assist a dependent 4-4 child or a child receiving assistance on behalf of a dependent 4-5 child in meeting school requirements for graduation. 4-6 (b) The program must include: 4-7 (1) the provision of child care services during school 4-8 hours; and 4-9 (2) counseling concerning available: 4-10 (A) transportation; 4-11 (B) alternative educational services, such as a 4-12 high school equivalency certificate for 17- and 18-year-olds; and 4-13 (C) vocational rehabilitation services. 4-14 SECTION 3. If before implementing Subchapter E, Chapter 31, 4-15 Human Resources Code, as added by this Act, the Texas Department of 4-16 Human Services determines that a waiver or authorization from a 4-17 federal agency is necessary for implementation, the department 4-18 shall request the waiver or authorization and may delay 4-19 implementing those provisions until the waiver or authorization is 4-20 granted. 4-21 SECTION 4. This Act takes effect September 1, 1995, and 4-22 applies only to benefits provided to or for a child who does not 4-23 meet attendance requirements during and after the fall semester, 4-24 1995, or who drops out of school on or after the effective date of 4-25 this Act. Benefits provided to a child who does not meet 4-26 attendance requirements before the effective date of this Act are 4-27 governed by the law in effect on the day the child failed to meet 5-1 attendance requirements, and that law is continued in effect for 5-2 that purpose. 5-3 SECTION 5. The importance of this legislation and the 5-4 crowded condition of the calendars in both houses create an 5-5 emergency and an imperative public necessity that the 5-6 constitutional rule requiring bills to be read on three several 5-7 days in each house be suspended, and this rule is hereby suspended.