STATE OF HAWAII
DEPARTMENT OF HUMAN SERVICES
BENEFIT, EMPLOYMENT AND SUPPORT SERVICES DIVISION
NOTICE OF PUBLIC HEARING
Pursuant to Sections 91-3 and 92-41, Hawaii Revised Statutes, notice is hereby given that the Department of Human Services will hold a public hearing to consider the proposed amendments to existing rules of the Benefit, Employment and Support Services Division for the purpose of conforming to federal and state statutes. A brief description of the proposed changes is listed below:
CHAPTER 17-656.1, AID TO FAMILIES WITH DEPENDENT CHILDREN (AFDC)
References to AFDC throughout the entire chapter have been replaced with Temporary Assistance for Needy Families (TANF).
§17-656.1-2, Definitions. The definitions for the terms “aid to families with dependent children”, “non-recipient parent”, “temporary assistance for needy families” and “up-front universal engagement” have been added. The definition for the terms “non-work eligible individual”, “other work eligible individual”, and “work eligible individual” have been amended.
§17-656.1-8.1, Intake and orientation session requirement. This section has been repealed.
§17-656.1-8.2, Grant diversion requirement. This section has been repealed.
§17-656.1-8.3, Single custodial parent caring for a child less than six months of age. This new section addresses the conditions for the non-work participation of an individual who cares for a child less than six months of age.
§17-656.1-8.4, Up-front universal engagement. This new section addresses the requirement to comply with work participation as a condition of eligibility for TANF.
§17-656.1-10, AFDC work requirements. Subsection (d) is amended to say that when there is more than one adult in the household subject to work participation, each adult may be required to participate. Subsection (f) is amended to include non-recipient parents who are subject to a work sanction.
§17-656.1-10.1, Participation requirements for individuals with a disability.
Subsection (c) has been amended to clarify that only medical reports certifying disability will be referred to the medical board for review.
§17-656.1-12, Voluntary quit for applicants. The section heading has been amended to specify that this provision applies to applicants. Subsection (a) is amended to specify that only full-time employment is subject to voluntary quit provisions.
CHAPTER 17-656.2, OTHER FAMILY ASSISTANCE PROGRAMS
§17-656.2-2, Definitions. The definitions for the terms “family member”, “non-recipient parent”, and “temporary assistance for needy families” have been added. The definition for the terms “non-work eligible individual”, “other work eligible individual”, and “work eligible individual” have been amended.
§17-656.2-3, Program requirements. Paragraph (4) is amended by adding the provision that benefits paid under this subchapter are subject to the availability of funds.
§17-656.2-8, General eligibility requirements. Subsection (g) paragraph (3) is amended to replace thirty-two with thirty hours and one hundred thirty-eight with one hundred twenty-nine hours as this is the new federal definition of full-time employment.
Subchapter 5, Grant diversion program. The entire subchapter has been repealed and references to grant diversion throughout the chapter have been removed except in the definition section and subsection (k) of §17-656.2-55.
§17-656.2-55, Job retention bonus requirements. Subsection (k) is amended to add that the receipt of a grant diversion payment will continue to satisfy the benefit receipt requirement to be eligible for a job retention bonus.
CHAPTER 17-794.1, FIRST-TO-WORK PROGRAM
§17-794.1-3 Definitions. Added the following terms: “Up-front universal engagement”, and “Non-work eligible individual”. Deleted the following terms: “Adequate notice”, “Grant Diversion”, and “Universal Engagement”. Modified the following terms: “Adult”, “Good or satisfactory progress”, “Participant”, “Unsubsidized employment”, and “Vocational educational training”.
§17-794.1-5 Work eligible individual (WEI) and Other Work Eligible Individual (OWEI). Amended to exclude from the WEI and OWEI category, dependent children sixteen to eighteen years of age not attending full time high school or equivalent level of vocational training.
§17-794.1-25 Community work experience program. Amended to delete all references to Grant Diversion (GD).
The following have been amended to comply with changes in federal work participation requirements:
§17-794.1-27 Job search and job readiness assistance.
§17-794.1-29 Vocational educational training (VET).
§17-794.1-30 Job Skills Training (JST).
§17-794.1-31 Education directly related to employment.
§17-794.1-32 Satisfactory attendance at secondary school or in a course of study leading to a certificate of general equivalence.
§17-794.1-37 Participation. Amended to include dependent children sixteen to eighteen years of age not attending full time high school, or equivalent level of vocational training. Further amended to delete all references to GD.
§17-794.1-39.1 Non-compliance. Amended to address non-compliance of up-front FTW participants and to delete all references to GD.
§17-794.1-40 Good Cause. Amended to clarify the Department will develop procedures in determining good cause for non-compliance, and that make-up hours are required for participants granted good cause.
§17-794.1-42 Curing Sanction. Amended to subject all curing of sanctions to the TANF application requirements.
§17-794.1-52 Work incentive payments. Restricted payments of the $50, $100, or $150 work incentive to six months of receiving any combination of these payments in a FTW participant’s lifetime, or until twenty-five months of TANF assistance is received, whichever occurs first and limits eligibility to participants who have not previously received any combination of the $50, $100, or $150 payments for six months. Limited eligibility to receive the $300 payment to FTW participants who have received TANF assistance for less than twenty-five months.
The following section was added to the chapter:
§17-794.1-36 Up-front Universal Engagement (UFUE) FTW participation.
This section addresses the requirement of upfront participation in approved work activities for two weeks, and within twenty-one days as of the date of intake, as a condition of TANF eligibility.
A public hearing will be held at the following date, time and place:
May 6, 2009, 9:30 a.m.; Haseko Center, Suite 606, Conference Room 2, 820 Mililani Street, Honolulu, Hawaii.
All interested persons are invited to attend the hearing to state their views relative to the proposed rules either orally or in writing. Should written testimony be presented, five (5) copies shall be made available to the presiding officer at the public hearing or within seven (7) days before the hearing to:
Department of Human Services
Benefit, Employment & Support Services Division
820 Mililani Street, Suite 606
Honolulu, Hawaii 96813
Residents of Hawaii, Kauai, Maui, and Molokai wishing to present oral testimonies may also contact the Benefit, Employment and Support Services Section Administration office on the respective islands within seven (7) days before the Honolulu hearing date to have their testimony recorded:
East Hawaii Section Administrator
1900 Kinoole Street, Suite 111
Hilo, HI (981-7288)
West Hawaii Section Administrator
75-5722 Hanama Place, Room 1105
Kailua-Kona, HI (327-4765);
Kauai Section Administrator
Dynasty Court
4473 Pahee Street, Suite G
Lihue, HI (241-3663);
Maui Section Administrator
1955 Main Street, Suite #325
Wailuku, HI (243-5875);
Molokai Income Maintenance Unit
Kaunakakai Civic Center, Phase 2
55 Makaena Place, Room 1
Kaunakakai, HI (553-1715)
A copy of the proposed rules will be mailed at NO COST to any interested person requesting a copy by writing to:
Department of Human Services
Benefit, Employment & Support Services Division
820 Mililani Street, Suite 606
Honolulu, Hawaii 96813
or by calling 586-5725. Neighbor island residents may request a copy of the proposed rules at NO COST by contacting the Benefit, Employment and Support Services Division office during regular business days and hours.
Proposed rules are available on the internet at www.hawaii.gov/ltgov/office/adminrules
Special accommodations (i.e., Sign language interpreter, large print, taped materials, or accessible parking) can be made, if requested at least five (5) working days before the scheduled public hearing on Oahu by calling 586-5725. Neighbor island residents needing special accommodations should contact the Benefit, Employment and Support Services Section Administration office on the respective islands with their requests.
DEPARTMENT OF HUMAN SERVICES
LILLIAN B. KOLLER, DIRECTOR
(SB112031 4/5/09)
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