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PUBLIC LAWS OF MAINE
First Special Session of the 118th

PART A

     Sec. A-1. 5 MRSA §12004-I, sub-§36, as amended by PL 1993, c. 360, Pt. C, §1, is repealed.

     Sec. A-2. 5 MRSA §12004-I, sub-§36-C is enacted to read:

36-C. Human Services

Temporary Assistance for Needy Families Advisory Council

Not Authorized

22 MRSA
§3789-D

     Sec. A-3. 19 MRSA §776, sub-§1, ¶B, as enacted by PL 1979, c. 668, §6, is amended to read:

     Sec. A-4. 19-A MRSA §2605, sub-§1, ¶A, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read:

     Sec. A-5. 20-A MRSA §10908, first ¶, as amended by PL 1993, c. 360, Pt. C, §2, is further amended to read:

     In conjunction with the Maine Aid to Families with Dependent Children Temporary Assistance for Needy Families Advisory Council established pursuant to Title 22, section 3774 3789-D, the University of Maine System:

     Sec. A-6. 22 MRSA §9-A, sub-§1, ¶A, as enacted by PL 1989, c. 566, is amended to read:

     Sec. A-7. 22 MRSA §16, sub-§1, ¶C, as reenacted by PL 1985, c. 819, Pt. A, §24, is amended to read:

     Sec. A-8. 22 MRSA §21, sub-§1, as enacted by PL 1995, c. 675, §1, is amended to read:

     1. AFDC. "AFDC" means the Aid to Families with Dependent Children program administered pursuant to former chapter 1053.

     Sec. A-9. 22 MRSA §21, sub-§8-A and 11-A are enacted to read:

     8-A. Parents as Scholars Program. "Parents as Scholars" means the program established in chapter 1054-B.

     11-A. Temporary Assistance for Needy Families. "Temporary Assistance for Needy Families" means the program established in chapter 1053-B.

     Sec. A-10. 22 MRSA §22, first ¶, as enacted by PL 1995, c. 675, §1, is amended to read:

     The department is authorized to establish an electronic benefit transfer system for the issuance of benefits under the AFDC, food stamp, Temporary Assistance for Needy Families, Parents as Scholars and Medicaid programs.

     Sec. A-11. 22 MRSA §3733, as enacted by PL 1993, c. 158, §2, is amended to read:

§3733. Designated agency

     To the extent permitted by federal law, the department shall coordinate and administer all available federal and state child care funds, including, but not limited to, those available under the federal United States Social Security Act, Title IV, Part A and Title XX; the federal Family Support Act of 1988; the federal Omnibus Budget Reconciliation Act of 1990, Section 5081; and the federal Child Care and Development Block Grant Act of 1990, as amended by the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law 104-193, 110 Stat. 2105.

     Sec. A-12. 22 MRSA §3734, sub-§2, as enacted by PL 1993, c. 158, §2, is amended to read:

     2. Block grant funds encumbered. Within 6 months of receiving any payment under the federal Child Care and Development Block Grant Program Fund, the department shall expend or encumber 100% of the payment.

     Sec. A-13. 22 MRSA §3735, as enacted by PL 1993, c. 158, §2, is amended to read:

§3735. Child care for ASPIRE-TANF participants

     The department shall ensure that all persons referred for participation in the State's ASPIRE-JOBS ASPIRE-TANF program receive information regarding child care options from caseworkers who are knowledgeable about the range of child care subsidies available in this State and who can explain the relative advantages of each option. This may be done directly by the department or by the department's designee.

     Sec. A-14. 22 MRSA §3739, sub-§5, ¶E, as enacted by PL 1993, c. 158, §2, is amended to read:

     Sec. A-15. 22 MRSA c. 1053, as amended, is repealed.

     Sec. A-16. 22 MRSA c. 1053-B is enacted to read:

CHAPTER 1053-B
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES

§3762. Temporary assistance for needy families; promotion of economic self-support

     The department shall promote family economic self-support in accordance with the provisions of this chapter.

     1. Definitions. As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.

     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:

     3. Administration. The department may administer and operate a program of aid to needy dependent children, called "Temporary Assistance for Needy Families" or "TANF," who are deprived of support or care due to the death, continued absence, physical or mental incapacity of a parent or the unemployment or underemployment of the principal wage earner in accordance with the United States Social Security Act, as amended by PRWORA, and this Title.

     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.

     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.

     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.

     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.

     8. Transitional support services. The department shall administer a program of transitional support services in accordance with PRWORA and this subsection.

     9. Procedures. The following procedural requirements apply to the program:

     10. Domestic violence. The following provisions apply with regard to victims of domestic violence.

     11. Treatment of lump sum income. For the purpose of determining eligibility for and the amount of assistance under TANF, the department shall treat any nonrecurring lump sum income received by a family in accordance with this subsection.

     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.

     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.

     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.

§3763. Program requirements

     1. Family contract. During the TANF orientation process, a representative of the department and the TANF recipient shall enter into a family contract. The family contract must state the responsibilities of the parties to the agreement including, but not limited to, cooperation in child support enforcement and determination of paternity, the requirements of the ASPIRE-TANF program and referral to parenting activities and health care services. Except as provided in section 3762, subsection 4, refusal to sign the family contract or to abide by the provisions of the contract, except for referral to parenting activities and health care services, will result in sanctions. Failure to comply with referrals to parenting activities or health care services without good cause will result in a review and evaluation of the reason for noncompliance by the representative of the department and may result in sanctions. Written copies of the family contract and a notice of the right to a fair hearing must be given to the individual. The family contract must be amended in accordance with section 3788 when a participant enters the ASPIRE-TANF program and when participation review occurs.

     2. Participation. A recipient of TANF shall participate in an education, training or employment program pursuant to this chapter unless exempt under paragraph A, B or C. The following individuals are exempt:

     3. Custodial parents not yet 20 years of age. A custodial parent under 20 years of age who is a recipient of TANF and has not completed high school or its equivalent shall participate in the ASPIRE-TANF program regardless of the age of the youngest child and attend courses to complete high school, with an emphasis on education in a traditional high school setting.

     4. Households headed by minor parents. The following requirements apply to a custodial parent who is under 18 years of age and is not married:

     5. Home visit. The department may implement a home visit program in which a representative of the department may visit the homes of all applicants for and recipients of TANF for the following purposes:

     6. Substantiation of eligibility. The department may appropriately substantiate the facts supporting eligibility stated in any application for TANF assistance. The department shall adopt rules for substantiating relevant facts. The rules must provide for assisting the applicant in obtaining substantiating information when necessary.

     7. Earned income tax credit. The department shall advise applicants and recipients of Temporary Assistance for Needy Families regarding the federal earned income tax credit, including the opportunity to receive it as an advanced payment.

     8. Alternative aid. To assist applicants who seek short-term assistance to obtain or retain employment, the department shall pay one-time voucher payments of up to 3 times the monthly TANF grant for which the family is eligible. If the family reapplies for TANF within 3 months of receiving alternative aid, the family must repay any alternative aid received in excess of the amount that the family would have received on TANF. The method of repayment must be the same as that used for the repayment of unintentional overpayments in the TANF program.

     9. Emergency assistance. The department shall establish and operate a program of emergency assistance to needy families with children. This program must provide benefits to needy families with children in emergency situations in which the family is deprived of the basic necessities essential to its support, including but not limited to, fire and other natural disasters, terminations of utility service or lack of adequate shelter.

     10. Home survival skills. The department shall provide and may contract with public and private nonprofit agencies to provide instruction and experiential education for TANF recipients in nutrition, food preparation and home and money management.

§3764. Federal grants

     The Treasurer of State is the appropriate fiscal officer of the State to receive federal grants on account of the TANF program and administration of those grants, in accordance with the United States Social Security Act, and the State Controller shall authorize expenditures as approved by the department.

§3765. Payments to guardian or conservator

     When a relative with whom a child is living is found by the department to be incapable of taking care of the child's money, payment may be made only to a legally appointed guardian or conservator and, notwithstanding Title 18-A, Article V, Part 4, in the matter of infirmities of age or physical disability to manage the child's estate with prudence and understanding, the Probate Court may appoint any suitable person as a conservator.

§3766. Inalienability of assistance

     All rights to public assistance are absolutely inalienable by any assignment, sale, execution, pledge or otherwise and may not pass, in case of insolvency or bankruptcy, to any trustee, assignee or creditor.

§3767. Parental responsibility

     The parents of a child receiving assistance under this chapter are responsible for partial or total support of that child, if they are of sufficient ability. In determining the ability of the parents, the department must consider the assets and income of the parent.

     The department may bring proceedings in the District Court or Superior Court in the county where the child resides or in the county where the parent may be found to compel any person liable under this section to contribute to the support of any child receiving that assistance if, after reasonable efforts on the part of the department, voluntary contributions have not been made. The department shall bring the action as a petition for support upon not less than 7 days' notice. The court may order either one or both parents of the child to contribute to the support of the child by paying money weekly or monthly as determined in accordance with Title 19, chapter 7, subchapter I-A and Title 19-A, chapter 63 and may enforce obedience by appropriate decrees, execution issuing for that money when payable. An order for child support under this section may include an order for the payment of part or all of the medical expenses, hospital expenses and other health care expenses of the child or an order to provide a policy or contract for coverage of those expenses. When a parent is committed to jail as a defendant on execution under this section, the county having jurisdiction of the process shall bear the expense of the defendant's commitment and support. The defendant may petition the court issuing that execution for relief and the judge of the court, after due notice to the department and hearing on the petition, may order the defendant's discharge from imprisonment on the terms and conditions justice requires.

§3768. Fraud in obtaining aid, civil recovery

     Any sums paid to or in behalf of any person under sections 3762 to 3765, as a result of any false statement, misrepresentation or concealment of assets or income, may be recovered in a civil action brought by the department against the person to whom such money was paid.

§3769. Disbursements

     1. Payment priority. Payments made on behalf of the department for TANF assistance, the Parents as Scholars Program under chapter 1054-B and for foster care have priority over other payments and must be made without delay whether or not they are pursuant to a state plan or contract. The department shall cooperate with other state agencies to accomplish priority payments.

     2. Transfer of funds. Notwithstanding any provision of law, except Title 5, section 1585, the department is authorized to transfer to the ASPIRE account, established in Public Law 1997, chapter 24, as often as twice per fiscal year funds representing cost savings within the TANF program resulting from ASPIRE-TANF program participants' obtaining employment during that fiscal year. The department shall determine the amount of savings in the aggregate by utilizing the number of ASPIRE-TANF program participants entering employment in each quarter of the fiscal year. Funds appropriated to either account do not lapse at the end of the fiscal year.

The department shall provide to the joint standing committees of the Legislature having jurisdiction over appropriations and financial affairs and health and human services matters a report twice per year on the amount of funds transferred and the number of ASPIRE-TANF program participants entering employment.
§3769-A. Rulemaking

     The department shall adopt rules to implement this chapter. Except as specifically provided, rules adopted pursuant to this chapter are routine technical rules as defined in Title 5, chapter 375, subchapter II-A.

     Sec. A-17. 22 MRSA §3774, as repealed and replaced by PL 1993, c. 360, Pt. C, §4, is repealed.

     Sec. A-18. 22 MRSA §3781-A, as amended by PL 1995, c. 418, Pt. A, §25, is further amended to read:

§3781-A. Additional Support for People in Retraining and Employment-Temporary Assistance for Needy Families established

     1. ASPIRE-TANF program defined. "ASPIRE-JOBS Program ASPIRE-TANF program" means the Additional Support for People in Retraining and Employment - Job Opportunities and Basic Skills Training Program Temporary Assistance for Needy Families program established pursuant to this chapter and the Family Support Act federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996. "TANF" means the program created in chapter 1053-B.

     2. Administration. The ASPIRE-JOBS Program ASPIRE-TANF program is established. The department shall administer the program.

     3. Purpose. The purpose of this program is to provide services and support to recipients of Aid to Families with Dependent Children Temporary Assistance for Needy Families and to reduce dependence on public assistance to the extent that adequate funding is available for that purpose. The principal goal is to focus on helping people obtain and retain employment that sustains their families.

     4. Limitation or reduction of services when resources inadequate. The department shall adopt rules in accordance with the Maine Administrative Procedure Act that include methods for limiting or reducing services when adequate resources are not available.

     Sec. A-19. 22 MRSA §3782-A, as amended by PL 1995, c. 418, Pt. A, §26, is further amended to read:

§3782-A. ASPIRE-TANF program

     1. Case management services. The department shall provide case management services to individuals participating in the ASPIRE-JOBS Program ASPIRE-TANF program, referred to in this section as the "program." The department shall adopt rules in accordance with the Maine Administrative Procedure Act defining or describing those services.

     2. Purchase of services. The department may contract with public and private agencies and individuals to deliver employment, training and other services for program participants consistent with the purposes of the program.

Program funds may not be used to purchase services from an agency under this subsection that are available on a nonreimbursable basis, if those nonreimbursable services meet the needs of a program participant.

     3. Monitoring of contract agencies. If the department contracts for the provision of program services under this section, it shall monitor each contract agency at least annually to ensure compliance with sections 3786 and 3788 to ensure compliance with the contracts entered into by the parties and to ensure that quality services are provided for program participants. The department shall adopt rules in accordance with the Maine Administrative Procedure Act by which satisfactory performance is measured. The rules must identify the circumstances under which sanctions, including contract suspension, reduction or termination, are applied.

     4. Rural access. The department shall adopt rules in accordance with the Maine Administrative Procedure Act to provide access to Additional Support for People in Retraining and Employment - Job Opportunities and Basic Skills Training Program Temporary Assistance for Needy Families program services for recipients of Aid to Families with Dependent Children Temporary Assistance for Needy Families living in rural areas. Services must be provided on an equitable basis throughout the State. Access to these services may be reasonably limited by the department due to factors such as availability of staff and funding. The rules adopted by the department must include, in addition to other methods necessary to achieve this goal, adequate provisions for itinerant service stationing.

     5. Child care during participation in employment, education and training. The department shall provide child care in accordance with federal law and this Title when the child care is necessary to permit a TANF-eligible family member to participate in the ASPIRE-TANF program.

The department shall provide an ASPIRE-TANF program participant's actual cost for child care up to the maximum rate authorized by federal law. In determining the maximum rate, the State shall use a method that results in an amount that equals, or most closely approaches, the actual market rate in different regions of the State for various types of child care services received by families in the State participating in the ASPIRE-TANF program.

     6. Rulemaking. The department shall adopt rules to implement this subsection. Except as specifically provided, rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter II-A.

     Sec. A-20. 22 MRSA §3785, first ¶, as amended by PL 1993, c. 385, §18, is further amended to read:

     An individual may not be sanctioned under this program or Aid to Families with Dependent Children Temporary Assistance for Needy Families for failure to participate in the ASPIRE-JOBS Program ASPIRE-TANF program if that failure to participate is based on good cause. Each individual participating in an ASPIRE-TANF orientation must receive written and oral notice of what constitutes good cause for nonparticipation in ASPIRE-TANF including the domestic violence exception. Good cause for failure to participate in this program must be found when there is reasonable and verifiable evidence of:

     Sec. A-21. 22 MRSA §3785, sub-§6, as amended by PL 1993, c. 385, §18, is further amended to read:

     6. Assignment to another activity. Assignment by the department to an activity or component that has not been made part of the individual opportunity service family contract;

     Sec. A-22. 22 MRSA §3785, sub-§8, as amended by PL 1995, c. 418, Pt. A, §27, if further amended to read:

     8. Crisis or special circumstance. A crisis or special circumstance that causes an individual to be absent from or discontinue a department activity about which the department has been advised and has determined to constitute good cause; or

     Sec. A-23. 22 MRSA §3785, sub-§12, as amended by PL 1993, c. 385, §18, is further amended to read:

     12. Other good cause. Any other reason resulting in failure to participate that is beyond the control of the individual or that a reasonable person would determine to be good cause.; or

     Sec. A-24. 22 MRSA §3785, sub-§13 is enacted to read:

     13. Domestic violence. Inability to participate due to domestic violence when the individual is unable to participate because of physical injuries or the psychological effects of abuse; because of legal proceedings, counseling or other activities related to abuse; because the abuser actively interferes with the individual's participation; because the location puts the individual at risk; or for other good cause related to domestic violence. For the purposes of this subsection, reasonable and verifiable evidence may include but is not limited to the following:

     Sec. A-25. 22 MRSA §3786, 2nd ¶, as amended by PL 1993, c. 385, §19, is further amended to read:

     Rules governing services provided under this chapter apply equally to all participating Aid to Families with Dependent Children Temporary Assistance for Needy Families recipients, whether those services are provided by the Department of Human Services department or any other agency, organization or individual providing ASPIRE-JOBS Program TANF program services to participants.

     Sec. A-26. 22 MRSA §3788, as amended by PL 1995, c. 418, Pt. A, §§29 to 33, is further amended to read:

§3788. Program requirements

     1. Notice of program assistance. The department shall provide written notice to all applicants for and recipients of the Aid to Families with Dependent Children Temporary Assistance for Needy Families program of the range of education, employment and training opportunities, and the types of support services, including transitional support services and medical assistance, available under the ASPIRE-JOBS Program ASPIRE-TANF program, together with a statement that all participants may apply for those opportunities and services.

     1-A. Information about and application for Parents as Scholars. When there are fewer than 2,000 enrollees in the Parents as Scholars Program under chapter 1054-B, the department shall inform all persons applying for ASPIRE-TANF and all ASPIRE-TANF participants reviewing or requesting to amend their education, training or employment program under ASPIRE-TANF of the program and shall offer them the opportunity to apply for the program.

     2. Application; decision. Notwithstanding any provision contained in an employability development plan all participants must be given the opportunity to apply for any education, training and support services at the office of the program serving the area in which that individual lives. The program shall issue a written decision promptly, in accordance with rules adopted by the department, on all applications. The participant must be given in writing the reasons and specific rules supporting that denial and an explanation of the individual's right to request a conciliation meeting, a fair hearing, or both. For the purposes of this subsection, "participant" means a recipient of Aid to Families with Dependent Children who has completed the ASPIRE-JOBS Program work evaluation and has been informed by the department that funds are available to provide ASPIRE-JOBS Program services to the recipient. As part of the orientation process for ASPIRE-TANF, all participants must be given the opportunity to apply for any education, training and employment and support services at the office of the program serving the area in which the individual lives. At orientation, each participant shall receive a complete list of all support services and education, training and employment services available under the ASPIRE-TANF program so that the individual may identify the services that the individual considers necessary to participate in the program. A written copy of each amendment to the family contract must be given to the participant, together with a complete list of all support services and education, training and employment services available under the program and notice of the participant's right to request a conciliation meeting and a fair hearing. A participant may request an amendment to the participant's family contract at any time. If the participant's request is denied, the participant must be notified in writing of the reason for the denial and must be given notice of right to a fair hearing.

     3. Assessment. Each participant's case manager shall conduct an assessment to determine that individual's education, training and employment needs in accordance with the Family Support Act based on available program resources, the participant's skills and aptitudes, the participant's need for supportive services, local employment opportunities, the existence of any good cause circumstances under section 3785 and, to the maximum extent possible, the preferences of the participant.

     4. Employability plan. An employability plan must be adopted in accordance with the Family Support Act for each individual during the work evaluation. The employability plan must consider available program resources, the participant's skills and aptitudes, the applicant's need for supportive services, local employment opportunities and, to the maximum extent possible, the preferences of the participant.

     4-A. Family contract amendment. To the extent that sufficient funds, training sites and employment opportunities are reasonably available, the department and a participant in the program shall enter into an individual opportunity service contract that reflects, to the maximum extent possible, the preference of the participant and the services offered by the program. The individual opportunity service amended family contract that must include both the department's and the participant's activities and the support services necessary for the individual to participate in accordance with the Family Support Act assessment and federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law 104-193, 110 Stat. 2105. The participant's first individual opportunity service contract must be established promptly in accordance with rules adopted by the department. The rules must provide for an expedited procedure for the development of the individual opportunity service contract when necessary to meet the participation or enrollment requirements of an educational institution or training program.

     5. Provision of support services. Beginning January 1, 1990, payment Payment for support services must be furnished promptly in accordance with rules adopted by the department to, or on behalf of, eligible individuals as agreed to in the employability plan family contract. The rules must provide for an expedited procedure for payment for support services when those services are immediately necessary to enable the participant to participate in an approved education, training or employment plan.

The support services required to participate in the employability plan ASPIRE-TANF must be specified in an individual opportunity service contract the family contract and each participant must receive the support services prescribed in that contract, which may include respite care.

     6. Education, training and employment services. The ASPIRE-JOBS Program ASPIRE-TANF program must make available a broad range of education, training and employment services in accordance with section 3781-A, subsection 3 and the Family Support Act federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law, 104-193, 110 Stat. 2105. These services and activities must include all of those services and activities offered by the Additional Support for People in Retraining and Employment Program on October 1, 1989, except in 2-year and 4-year postsecondary education and except as provided in chapter 1054-B. This section does not prohibit the department from purchasing equivalent services from providers other than those from whom those services were purchased on October 1, 1989. When a particular approved education or training service is available at comparable quality and cost, including the cost of support services, and the implementation of the employability plan family contract would not be unreasonably delayed, the program participant may choose to enroll for that service with the provider of that person's preference. If this decision is not mutually agreed to by the participant and the case manager, the decision must be reviewed by the case manager's supervisor. These services do not include reimbursement for the cost of tuition or mandatory fees for postsecondary education unless:

When a substantially similar postsecondary education or training program of comparable quality is available at both a public and private institution, within a reasonable commuting distance for the participant, the department may choose to approve the program offered at the public institution if the participant's program can be completed at less cost at the institution.

     9. Rules. The department may shall adopt rules in accordance with the Maine Administrative Procedure Act to implement this section.

     10. Program design. The department shall operate the ASPIRE-JOBS ASPIRE-TANF program under which individual participation is required for a minimum of 20 hours per week in time-limited components that include job search, work evaluation, education, training and treatment and workforce-MaineServe.

     11. Individual participation requirements. Participation in the program components is governed by subsection 10 and this subsection.

     12. Developing resources. To assist the department in its efforts to encourage job placement opportunities and provide the services necessary to ensure self-support to recipients of AFDC TANF assistance, the department may contract with public and private agencies to establish job placement opportunities. In addition all agencies are subject to the following requirements.

In order to assist in the development of job placement opportunities, the department in cooperation with the Department of Labor and other state agencies shall explore the feasibility of developing a shared approach to technology to support access to information talent banks, national job banks, Maine's job listings and any other job opportunity listings, to facilitate linking program resources listings and to coordinate case service providers.
In addition, all public and private agencies are subject to the following requirements.

The department shall work with and shall contract with agencies to work with families in which there are multiple barriers to achieving employment and shall provide those agencies incentives for working with the families to achieve employment. For each family placed with an agency, the department shall pay a fee. For each family member placed in full-time employment, the department shall pay a premium. For each family member placed in full-time employment in a job that provides health care benefits, the department shall pay an additional bonus payment. The commissioner shall adopt rules as necessary to implement this subsection.

     13. Determination of types of opportunities. The department shall request that the federal Department of Health and Human Services delegate to the department the responsibility for determining the types of opportunities necessary to provide recipients of AFDC with the skills to enable those recipients to become self-supporting and that these activities be included in determining the level of participation necessary to obtain maximum federal funding for the ASPIRE-JOBS Program.

     14. Family planning services. To the extent that funds permit, the department, in cooperation with the grant manager of the State's family planning system, shall develop and the grant manager of the statewide association of family planning services providers shall implement an intensive peer education project to increase the use of family planning services to TANF recipients. The target population must include, but is not limited to, recipients at risk of repeat pregnancy, recipients who are minors and individuals at risk of becoming TANF recipients.

The peer education project shall provide direct, in-person family planning information, education and counseling to members of the target populations. To the extent that funding is available, the project shall recruit, train and provide permanent employment for TANF recipients as peer education workers.

     Sec. A-27. 22 MRSA §3788-A, as enacted by PL 1995, c. 418, Pt. A, §34, is amended to read:

§3788-A. MaineServe

     The department shall establish a MaineServe program designed to provide parents who are eligible for AFDC TANF assistance opportunities to serve their communities and the State.

     1. Purposes. The purposes of the MaineServe program are as follows:

     2. Eligibility. Any ASPIRE-JOBS ASPIRE-TANF participant over 16 years of age is eligible to volunteer for MaineServe, except that any person under 20 years of age who has not completed high school or its equivalent must also participate in an educational activity designed to complete high school education.

     3. Duration of service. MaineServe volunteers may serve for up to 9 months. At the end of the service period, the MaineServe volunteer and the ASPIRE-JOBS ASPIRE-TANF case manager shall evaluate the MaineServe placement. If it is determined to be appropriate, the MaineServe volunteer may renew the placement within MaineServe.

     4. Conditions of service. The MaineServe program is an alternative work experience program subject to the standards set out in the Social Security Act, 42 United States Code, Section 682(f) (1996).

     Sec. A-28. 22 MRSA §3788-B is enacted to read:

§3788-B. ASPIRE-Plus

     The department shall establish an on-the-job training program called ASPIRE-Plus to encourage employers to develop jobs for ASPIRE-TANF program participants.

     Sec. A-29. 22 MRSA §3789-B, as corrected by RR 1995, c. 2, §43, is amended to read:

§3789-B. Interdepartmental Welfare Reform Committee

     The Interdepartmental Welfare Reform Committee, referred to in this section as the "committee," is established. The committee consists of the Commissioner of Education, the Commissioner of Labor, the President of the Maine Technical College System, the Commissioner of Mental Health, Mental Retardation and Substance Abuse Services, the Director of the Office of Substance Abuse, the Commissioner of Corrections or a designee from the Maine Youth Center and the Commissioner of Human Services, who serves as chair. The committee shall monitor the efforts of the state departments involved in welfare reform and ensure cooperation among those departments.

     The committee shall explore the following:

     1. Clearinghouse model. The development of a clearinghouse model for working with businesses to place and retain mutual clients;

     2. Education. Education for businesses on the Work Opportunity Tax Credit, established in the federal Small Business Job Protection Act of 1996, Public Law 104-1881, Section 1201 and other resources available to businesses that hire mutual clients; and

     3. Shared orientation and training. Establishment of a mechanism for the Commissioner of Labor or the commissioner's designee to participate in the Bureau of Family Independence group orientations and training for local departmental staff.

     Sec. A-30. 22 MRSA §3789-D is enacted to read:

§3789-D. Maine Temporary Assistance for Needy Families Advisory Council

     1. Duties. The Maine Temporary Assistance for Needy Families Advisory Council, as established by Title 5, section 12004-I, subsection 36-C, shall advise the commissioner or the commissioner's designee regarding education, training, job opportunities, quality employment and business ownership opportunities, the operation of any postsecondary education programs administered by the department and other matters affecting TANF recipients.

     2. Members. The commissioner shall appoint the members of the council. Members must include at least the following:

     3. Advice regarding postsecondary education programs. The council shall establish a postsecondary education subcommittee, consisting of up to 15 members and nonmembers of the council. The subcommittee must include but is not limited to the following representatives:

By March 1, 1998, the subcommittee shall make recommendations to the council for improving the administration of the Parents as Scholars Program under section 3790, improving the program to make it more successful for participants and maximizing resources to meet the goals of the program. The council shall approve, disapprove or modify the recommendations of the subcommittee and report their recommendation to the commissioner.

     Sec. A-31. 22 MRSA §4062, sub-§3, as enacted by PL 1991, c. 747, §4, is amended to read:

     3. Priority of payments. The department shall ensure that payments for foster care made under this subchapter have the same priority as payments for aid to families with dependent children temporary assistance for needy families pursuant to section 3758 3769, subsection 7 1.

     Sec. A-32. 26 MRSA §1002, sub-§9, as amended by PL 1993, c. 630, Pt. B, §10, is further amended to read:

     9. Commitment to apprenticeships for women and recipients of temporary assistance for needy families. Cooperate, consult and coordinate with the Maine Aid to Families with Dependent Children Temporary Assistance for Needy Families Advisory Council, established by Title 22, section 3774 3789-D, and other relevant groups to identify the obstacles which that may prevent the greater participation of women and of aid to families with dependent children recipients of temporary assistance for needy families under Title 22, chapter 1053-B in registered apprenticeships, and the necessary measures to be taken to overcome them.

     Sec. A-33. 36 MRSA §6207, sub-§3, ¶B, as enacted by PL 1995, c. 395, Pt. S, §4, is amended to read:

     Sec. A-34. Maine Revised Statutes amended; revision clause. Wherever in the Maine Revised Statutes the words "Aid to Families with Dependent Children" appear or reference is made to those words, they are amended to read and mean "Temporary Assistance for Needy Families," and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.

     Sec. A-35. ASPIRE-TANF improvements. The Department of Human Services and the Department of Labor shall convene a set of meetings to streamline the process for businesses working with participants of the ASPIRE-TANF program established in this Act. The meetings must include representatives of the business community and regional economic development councils. The meetings must focus on ways to streamline the application and paperwork process for participating businesses and ways to overcome barriers to expansion of the ASPIRE-TANF program. The departments shall report to the joint standing committee of the Legislature having jurisdiction over health and human services matters by January 1, 1998 on their findings and any recommendations.

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