§ 22 §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," in accordance with the United States Social Security Act, as amended by PRWORA and DRA, 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, DRA 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 assistance under TANF, the department shall treat any nonrecurring lump sum income received by a family as an asset, and not as income, in the month the lump sum payment is received. To the extent that any nonrecurring lump sum income remains after the month it was received, the department shall continue to consider the income as an asset in accordance with this section.
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. The information must include a summary of any federal laws enacted in the previous fiscal year that may require changes in the ASPIRE-TANF program. The information of the federal law changes must include a summary of any potential positive or negative impact on the TANF program and the ASPIRE-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.
15.
Conditions of continued assistance.
16.
Authorization of fund transfer.
Notwithstanding any provision of law to the contrary, the department is authorized to transfer to the TANF account any funds available in the ASPIRE-TANF account necessary to meet the purposes of TANF, including the purposes established in subsection 3, paragraph B.
17.
Prohibition against denial of assistance based on drug conviction.
A person who is otherwise eligible to receive TANF may not be denied assistance because the person has been convicted of a drug-related felony as described in Section 115 of PRWORA.
18.
Lifetime limit on assistance.
Beginning January 1, 2012, a family may not receive TANF assistance for longer than 60 months except in those cases in which the department has determined that the family qualifies for an exemption or extension under rules adopted by the department. When an adult has received TANF assistance for 60 months, unless the adult has been exempted or granted an extension by the department, the family unit in which the adult is a member is ineligible for assistance. The department shall consider conditions or situations beyond the control of the adult recipient, including but not limited to a physical or mental condition that prevents the adult from obtaining or retaining gainful employment, being a victim of domestic violence, participating in good standing in an approved education program or a program that is expected to lead to gainful employment, being the caretaker relative in the household who is not the parent of the child or children in the assistance unit and who is required to remain at home to care for a dependent in the assistance unit and loss of employment by the adult following termination of TANF under this subsection. The department shall grant an extension to a household for each month in which a family received TANF assistance and an earnings disregard under subsection 3, paragraph B, subparagraph (7-D), division (a) or (b). This extension does not apply to a TANF recipient who has reached the 60‑month time limit prior to October 1, 2019.
19.
Pretermination notice process.
No later than 120 days prior to the end of a family's 60th month of receiving assistance, the department shall offer the adult recipient an opportunity to hold a meeting to review the family's case and:
20.
(REALLOCATED FROM T. 22, §3762, sub-§18) Denial of assistance based on positive drug test.
21.
Duty to provide culturally and linguistically appropriate and trauma-informed services.
The department shall work with all TANF and ASPIRE-TANF participants to provide culturally and linguistically appropriate services and trauma-informed services to assist each family in obtaining the services and skills necessary to sustain economic stability and opportunity after leaving TANF. Each TANF and ASPIRE-TANF participant must be screened to identify any need for culturally or linguistically appropriate or trauma-informed services. If such a need is identified, the department shall use appropriate methods and techniques to work with the participant to develop goals that reflect, to the greatest extent possible, the preferences of the participant and individualized plans that address the participant's situation and barriers to sustained economic stability. The department shall work with TANF and ASPIRE-TANF participants to connect them with appropriate programs and services available to help the families attain and sustain economic stability and to ensure the well-being of the children.

Legislative History

PL 1997, c. 530, §A16 (NEW). PL 1997, c. 695, §1 (AMD). PL 1997, c. 795, §7 (AMD). PL 1999, c. 383, §1 (AMD). PL 1999, c. 401, §S3 (AMD). PL 1999, c. 731, §OO2 (AMD). PL 2001, c. 338, §§1-4 (AMD). PL 2001, c. 354, §3 (AMD). PL 2001, c. 598, §2 (AMD). PL 2003, c. 20, §OO2 (AMD). PL 2003, c. 20, §OO4 (AFF). PL 2005, c. 397, §§A23,C14 (AMD). PL 2007, c. 282, §1 (AMD). PL 2007, c. 539, Pt. XX, §§1, 2 (AMD). PL 2009, c. 291, §§4-6 (AMD). RR 2011, c. 1, §33 (COR). PL 2011, c. 380, Pt. KK, §4 (AMD). PL 2011, c. 380, Pt. LL, §1 (AMD). PL 2011, c. 380, Pt. PP, §§1, 2 (AMD). PL 2011, c. 655, Pt. S, §§1, 2 (AMD). PL 2013, c. 97, §1 (AMD). PL 2013, c. 368, Pt. OO, §3 (AMD). PL 2013, c. 368, Pt. UUU, §1 (AMD). PL 2013, c. 368, Pt. UUU, §2 (AFF). PL 2015, c. 267, Pt. RRRR, §§2, 3 (AMD). PL 2017, c. 256, §1 (AMD). PL 2017, c. 284, Pt. NNNNNN, §10 (AMD). PL 2017, c. 290, §1 (AMD). PL 2017, c. 407, Pt. A, §80 (AMD). PL 2017, c. 412, §§2, 3 (AMD). PL 2019, c. 343, Pt. CCC, §1 (AMD). PL 2019, c. 484, §§1-3 (AMD). PL 2019, c. 485, §§3, 4 (AMD). RR 2019, c. 2, Pt. A, §27 (AMD). PL 2021, c. 1, Pt. N, §1 (AMD). PL 2021, c. 398, Pt. OO, §§20-22 (AMD). PL 2021, c. 534, §1 (AMD). PL 2021, c. 648, §§5-7 (AMD). RR 2021, c. 2, Pt. B, §176 (COR). PL 2023, c. 29, §§1, 2 (AMD). PL 2023, c. 366, §§1, 2 (AMD).