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ACT NO. 88 OF 2008 THE SENATE TWENTY-FOURTH LEGISLATURE, 2008 S.B. NO. 3061 H.D. 1 C.D. 1 A BILL FOR AN ACT RELATING TO THE FIRST-TO-WORK PROGRAM. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: SECTION 1. Chapter 346, part XI, Hawaii Revised Statutes, is amended to read as follows: "[[ PART XI.[] [JOB OPPORTUNITIES AND BASIC SKILLS (JOBS) PROGRAMFIRST-TO-WORK PROGRAM [ Section 346-261] JOBS;First-To-Work; establishment; purpose. There is established a mandatory work program for certain applicants and recipients of aid to families with dependentchildren (AFDC)temporary assistance for needy families and temporaryassistance for other needy families consistent with federal regulations and requirements under Title IV-F of the Social Security Act, Public Law100-485.Title IV-A of the Social Security Act,42 United States Code Section 601 et seq. The purposes of the job opportunities and basicskills (JOBS)first-to-work program shall be to encourage, assist, and require AFDCtemporary assistance for needy families andtemporary assistance for other needy families applicants and recipients to fulfill their responsibilities to support their children by preparing for, accepting, and retaining employment. To assure that needy individuals orfamilies are provided the means to avoid long-term welfare dependency, JOBS isintended to: (1) Provide individuals with the opportunity to acquire the basiceducation and skills necessary to qualify for employment; (2) Provide necessary supportive services, including but not limitedto transitional child care and medical assistance, so that recipients canparticipate in the work program and accept employment; and (3) Coordinate job services at all levels of government to facilitateaccess to a wide range of services and maximize the use of existing resources. The department shall adopt rules consistent with the requirements ofTitle IV-A of the Social Security Act, 42 United States Code Section 601 etseq., and in accordance with chapter 91 for the purposes of this part. [Section 346-262] Eligible participants; priority target groups. (a)All applicants for and recipients of AFDC shall be required to register andparticipate in the program; provided that exemptions consistent with federalrequirements are applied. (b) The priority target groups under the JOBS program may includeindividuals who: (1) Are receiving AFDC and have received such aid for any thirty-sixof the preceding sixty months; (2) Are applying for AFDC and have received such aid for anythirty-six of the sixty months immediately preceding the most recent month forwhich application has been made; (3) Are custodial parents under the age of twenty-four years; (4) Are members of a family in which the youngest child is within twoyears of being ineligible for AFDC because of age. (c) Exempt applicants for and recipients of AFDC and state-fundedpublic assistance programs may volunteer to participate in the program. (d) The department shall not be required to provide services to alleligible participants, if necessary resources are not available, providedthat: (1) Participants not offered specific services due to lack ofresources shall be placed on inactive status until these services areavailable; and (2) Any participant placed on inactive status due to lack of resourcesshall not incur any negative sanctions as a result of that placement. (e) The department may establish quotas for the target groups underthis program to reflect the priorities of this section. [Section 346-263] Program components. The activities and components ofthe JOBS program may include, but are not limited to the following: (1) Assessment and identification of barriers to participation; (2) Development of a supportive service plan to remove barriers; (3) Employability planning, including career path development; (4) Basic and higher education, including remedial education andEnglish proficiency to help participants become job ready]; (5) Job skills training; (6) Job readiness and job search; (7) Job placement activities and services; (8) Work maturity; (9) Work/study and (10) Work experience and community work experience program (CWEP). [Section 346-264] Assessment. An initial assessment of eachparticipant shall determine priority for participation in JOBS. Acomprehensive assessment may follow to determine barriers to participation inthe program and may include, but is not limited to: (1) A review of the family circumstances to identify social and healthproblems and needs; and (2) Identification of child care, transportation, and other supportiveservices needs. [Section 346-265] Support service plan. Where barriers have beenidentified during the assessment phase, the department, in consultation withthe participant, shall develop a supportive service plan describing servicesor tasks to be completed for removing or controlling barriers which constrainparticipation in employment, training, or education. [Section 346-266] Employability planning. Under this component, thedepartment shall assess the participant's skills, knowledge, capability, andcapacity for permanent employment in general and in specific professions,occupations, or vocations; offer guidance and counseling to establish careergoals and develop career paths; and, with the assistance and agreement of theparticipant, establish and approve a specific employability plan which mayinclude job placement, job training, and education. [Section 346-267] Case management. The department may provide to aparticipant case management services to support and strengthen theparticipant's capacity to become self-supporting and to facilitate access toresources and opportunities required for self-support. Case managementactivities may include, but are not limited to: (1) Facilitating activities and services needed by a recipient who isworking toward the goal of self-sufficiency; (2) Assisting the individual and the family to obtain services neededto assure effective participation in the program; (3) Facilitating communication between the participant and serviceproviders; (4) Providing initial support, assessment, and referral to appropriateservices; and (5) Monitoring the participant's program participation progress toensure that the individual receives required assistance in a timely andeffective manner. [Section 346-268] Child care. The department may provide child careservices to eligible families to allow participation in education, training,and employment in accordance with federal regulations and requirements;provided that the department: (1) Shall ensure that care arrangements for children meet applicablestandards of state law; and (2) May pay for child care services up to the amount consistent withthe department's payment standard. [Section 346-269] Transportation assistance. (a) The department mayprovide transportation assistance that is necessary to enable an individual toparticipate in the JOBS program. The assistance may include the cost oftransportation of the participant and participant's child, if necessary. (b) The determination of whether the transportation services to beused are necessary and economical shall be the decision of the department uponconsultation with the participant. (c) Transportation assistance may be provided through bus passes,mileage reimbursements equivalent to the public employees' contractnegotiations, and other appropriate means of transportation to be determinedby the department with the involvement and agreement of the participant. (d) The department may provide assistance with air fare cost, on alimited basis and as funds permit, to eligible individuals living on Molokai,Lanai, and West Hawaii to travel to another island to receive appropriatetraining not available in these locations. Assistance with this cost shall bebased on the individual's employability plan and availability of employment inthe individual's place of residence. [Section 346-270] Other support services. The department may provideother supportive services, such as counseling for personal and family-relatedproblems, and for one-time training and work-related expenses, to alloweligible individuals to participate in education, training, and employment.The department may: (1) Provide health and social services to eligible individuals andfamilies with identified needs to assist them in removing or controlling anybarriers to successful participation in the program. (2) Establish separate emergency funds to meet the one-time trainingand work-related expenses necessary to allow individuals to participate in theprogram. The items to be paid for by the emergency fund may include, but arenot limited to, initial work clothing, work tools, safety equipment, dentaland medical procedures not covered under the medical assistance program,rental and utility deposits not available through the welfare grant, andlimited assistance with auto repairs. [Section 346-271] Incentive benefits. The department may provideincentive benefits for recipients who work full time under an employabilityplan by providing supplemental benefits up to one hundred per cent of thepoverty standard. [Section 346-272] Transitional benefits. The department may providetransitional child care and medical benefits to those families whoseeligibility for AFDC has been discontinued due to employment. Transitionalassistance shall be provided in accordance with federal regulations andrequirements, and shall be arranged and developed with the involvement andapproval of the participant. [Section 346-273] Coordination. The department shall coordinate theJOBS program with education, employment, health, and other related servicesprograms to assist participants in becoming self-sufficient. Section 346-274 Contracts. The department may contract with a publicagency or private nonprofit organization to administer all or portions of thispart in accordance with federal regulations and in accordance withchapter 42D. [Section 346-275] Rules. The department shall adopt rules consistentwith federal JOBS program requirements and in accordance with chapter 91 forthe purposes of this part. [Section 346-276] Duties. The department shall monitor and evaluatethe JOBS program, and shall, among other analyses, identify factors thatfacilitate or make difficult the implementation of this [part]. The departmentshall also assess the impact of the program with regard to encouraging AFDCrecipients in finding employment and avoiding long-term welfare dependency.The department shall collect and provide all data relevant to its assessment. The department shall submit annual status reports on its findings tothe legislature prior to the convening of the regular session of each year,starting with the regular session of 1991. " SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 3. This Act shall take effect upon its approval. , ACT NO. 88 OF 2008 (2020-04-02)