CLC C.S.H.B. 3428 75(R)BILL ANALYSIS HUMAN SERVICES C.S.H.B. 3428 (Substituted) By: Naishtat 4-14-97 BACKGROUND The federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 includes provisions that allow states the option to waive certain requirements for welfare recipients who are victims of family violence. This portion of the law was included in recognition of the fact that family violence can interfere with a person's efforts in education and employment and thus impede attempts to become self-sufficient and independent. The family violence options in federal law allow states the flexibility to assure that battered women can move from welfare to work without increasing threats to safety for themselves and their children. In implementing welfare-to-work programs, other states have found that welfare recipients who are family violence victims ( 98% of whom are women) have difficulty succeeding in education and employment and must be given exceptions to requirements in order to succeed. For example, they may require extra time to enter or complete education and training programs. If they need to escape the violent living situation and relocate, recipients may need more time to find employment. It is not unusual for the abuser to become more violent as the victim moves toward self-sufficiency and independence, or for the abuser to sabotage the victim's efforts to succeed in training or employment. In collecting child support, it may be essential that the victim's location be kept confidential in order to be safe from additional violence. Local welfare-to-work programs in other states have found that from 20 to over 50 percent of long-term welfare recipients are family violence victims. For TANF recipients who are victims of family violence to be protected from additional violence and to successfully make the transition into employment, rules and procedures must be carefully planned to ensure the success of these programs and the well-being of recipients and their children. The main agencies dealing with these recipients (Department of Human Services, Workforce Commission, and Title IV-D agency) must do that which is necessary to increase the recipient's probability of success and to assure that compliance with requirements does not result in greater violence. PURPOSE The purpose of this legislation is to increase the probability that TANF recipients who are victims of family violence will make a successful transition from welfare to work without increasing risks to their safety. RULEMAKING AUTHORITY This bill delegates additional rulemaking authority to The Department of Human Services, the Texas Workforce Commission, and the Title IV-D agency in Section 1(a). SECTION BY SECTION ANALYSIS SECTION 1.Amends Subchapter B, Chapter 31, Human Resources Code, by adding Section 31.0321 as follows: Section 31.0321. Victims of Domestic Violence. (a)Directs DHS, Texas Workforce Commission, and the Title IV-D agency to, by rule, adopt procedures under which requirements relating to financial assistance may be waived for victims of family violence. (b)The procedure must provide that a requirement may be waived or modified only after a case by case determination and documentation of good cause. A requirement may not be waived for longer than one year, and the appropriate agency is directed to work with the individual to develop a plan to prevent the recurrence of family violence. Confidentiality must be maintained. (c)Prohibits DHS, TWC, and the Title IV-D agency from denying an individual access to education, training, employment, or other services because he or she is a victim of domestic violence. (d)Directs DHS to coordinate the development and implementation of the above procedures in collaboration with TWC, the Title IV-D agency, and at least one statewide advocacy group for victims of domestic violence. (d)Assigns the meaning of "domestic violence" and "Title IV-D agency." SECTION 2.Reporting Requirements. Assigns meaning to "Title IV-D agency." SECTION 3. DHS or another state agency must request a federal waiver or authorization if it is necessary for implementation of this section. SECTION 4.Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE SECTION 1. Heading changed from "Victims of Domestic Violence" to "Victims of Family Violence." The Texas Workforce Commission and the Title IV-D agency (child support agency) were added to the Dept. of Human Services as agencies 1)required to promulgate rules and procedures relating to financial assistance and related services for victims of family violence and 2) that may not deny services to an individual because he/she is a victim of family violence. Deletes section of the original bill directing the department to adopt procedures to identify individuals that are victims of family violence. Adds that a waiver may be granted if the requirement places the individual at greater risk for additional family violence. Adds that documentation of good cause must be provided for a waiver of a requirement to be granted. The involvement of the Attorney General's office is stricken from the original bill. Provides meanings for "family violence" and "Title IV-D agency." Meaning assigned to "Domestic violence" is stricken. Provisions were added stating that 1)a requirement may not be waived or modified for an individual for a period longer than one year, 2)agencies must work with the individual to develop a plan to prevent the recurrence of family violence, and 3)confidentiality must be maintained. SECTION 2. Reporting requirements were added.