(2) is placed in a foster family home (approved by (2) Expanded to allow Federal participation as to chilthe State) as a result of such determination; and
dren placed in a nonprofit private child care insti- tution, subject to limitations prescribed by Secre- tary to include within Federal participation only cost items which are included in foster family home care.
Provision is made for payments by the State or local agency for foster care in a foster family home or a child care institution either directly or through a public or nonprofit private child- placement or child-care agency. Effective as to expenditures made after June 30, 1962. (3) No change.
Authorizes Federal participation in payments to the spouse of the parent (who is living with the parent) but only if the child is a dependent child because of the disability or unemployment of the parent. The provision is not applicable to the spouses of other specified relatives.
Effective as to expenditures after Sept. 30, 1962.
Requires that a State agency, in determining need, must take into account any expenses that may be reasonably attributable to the earning of income. Would allow any States, subject to limitations prescribed by the Secretary, to permit all or any portion of the earned
in the earning of income. Also under present ad- ministrative practice States are allowed at their op- tion to disregard certain amounts of income set aside for education, employment training, etc., of a child but no differentiation is allowed between types of in- come-earned or unearned.
E. Methods of payments by States. Federal financial participation as to money payments to needy persons or their legal guardians has been authorized since 1935. Vendor payments, made directly to the suppliers of medical services on behalf of recipients have been authorized by the 1950 amend- ments. Since 1958, payments have been authorized to be made to another person who is judicially ap- pointed for the purpose of receiving and managing such assistance payments (whether or not he is such individual's legal representative for other purposes).
Apart from payments pursuant to the above provisions nonmoney payments by States and localities have not been subject to Federal participation. These include voucher payments (furnishing recipient with vouchers which enable him to obtain particular goods or services) and relief in kind directly from State agency. Also, the law has been interpreted to exclude Federal participation as to certain "restricted payments." Such restricted payments may utilize one or more of the methods of payments noted above or may circumscribe the client's use of his assistance, by direct supervision of expenditures, requiring the client to make a report of his expenditures, or to account for them by furnishing receipts. The payment might be conditioned upon its being used, in whole or in part, for specific purposes.
or other income to be disregarded if set aside for future identifiable needs of a dependent child. Effective July 1, 1963.
Authorizes protective payments to be made, in a limited number of cases (5 percent), to a person who is interested in or concerned with the welfare of the dependent child and relative, under a State plan which provides for
(1) determination by the State agency that pay- ments in this form are necessary because the relative is so unable to manage funds that it would be contrary to the child's welfare to make payments to such relative;
(2) meeting 100 percent of the need of the eligible persons under the plan;
(3) special efforts to improve the ability of the relative to manage funds, and periodical review of the situation to determine whether such payments to another interested person are still necessary-and with provision for judicial appointment of a guardian or legal representative if the need for payments to another interested person continues beyond a period specified by the Secretary;
(4) opportunity for a fair hearing before the State agency on the determination that payments to another interested person on behalf of the child and relative are necessary; and
(5) aid in the form of foster family care, as pro- vided for in the Social Security Act. Effective Oct. 1, 1962, and ending June 30, 1967. Prior to Jan. 1, 1967, the Secretary shall submit a report with recommendations on the provision to the Con-
Authorizes the State agency to take the following steps, whenever it has reason to believe that payments to a relative for the benefit of a child are not being or may not be used in the best interests of the child:
(1) To provide the relative with counseling and guidance concerning the use of payments and manage- ment of other funds to assure their use in the best interests of the child;
(2) To advise the relative that continued misuse of payments will result in substitution of protective payments (described above), or in seeking appoint- ment of a guardian or legal representative, or in other action being taken under State law to protect the interests of the child.
Any action taken by the State agency pursuant to State law, other than denial of payments for a child while in the home of a relative, will not serve as a basis for withholding Federal funds from a State under the aid to dependent children program. The States could, under State law, utilize various types of nonmoney payments without loss of Federal funds. Effective as to expenditures after Sept. 30, 1962.
The Secretary of Health, Education, and Welfare is authorized to withhold Federal payments with respect to a State plan which fails to comply substantially with any provision required to be included in the plan. The Department of Health, Education, and Welfare in January 1961 advised the State agencies administer- ing aid to dependent children programs that after June 30, 1961, grants to States would not be avail- able if the State terminated assistance to children in homes determined to be unsuitable unless the State made other provision for the children affected. Legislation in 1961 extended the grace period until Sept. 1, 1962, for States with "unsuitable home" statutes for compliance with the Department's ruling. During this period any action taken pursuant to a State statute which requires that aid be denied to a child because of conditions in the home where he resides, would not be a basis for withholding Federal payments to the State.
Under interpretation of existing law, there is no Fed- eral matching for aid to dependent children pay- ments which are made as remuneration for work performed under such programs.
H.R. 10606 as passed by the House
Provides that a State with such a statute will not lose Federal matching after the termination of the grace period if provision is otherwise made pursuant to a State statute for adequate care and assistance with respect to such a child.
Federal matching would be authorized as to payments for work performed by a relative (18 years of age or older) with whom the child is living. Federal par- ticipation in these payments could be made only under limited conditions designed to assure protection of the health and welfare of the children and their relatives:
(1) The work must be performed for the State public assistance agency or another public agency under a program (which need not be in effect through- out the State) administered by or under the super- vision of the State public assistance agency.
(2) There must be State financial participation in these expenditures.
(3) The State plan must include provisions which give reasonable assurance that
(a) appropriate health, safety, and other condi- tions of work will be maintained;
(b) the rates of pay will be not less than the applicable minimum rate under State law for the same type of work, if there is any such rate, and not less than the prevailing wage rates on similar work in the community;
(e) the work projects will serve a useful public purpose; will not displace regular workers or be a substitute for work that would otherwise be per- formed by employees of public or private agencies, institutions, or organizations; and (except in the case of emergency or nonrecurring projects) will be of a type not normally undertaken by the State or community in the past; for
(d) the additional expenses of the work will be considered in determining the worker's needs;
(e) the worker will have reasonable opportunities to seek regular employment and secure appropriate training or retraining and will be provided with protection under the State workmen's compensa- tion law or similar protection; and
(f) aid will not be denied because of a relative's refusal with good cause to perform work under the program.
(4) The State plan would also have to include pro- vision for-
(a) cooperative arrangements with the public employment offices and with the State vocational education and adult education agency or agencies looking toward employment and occupational training of the relatives and maximum use of public Vocational or adult education services and facilities in their training or retraining;
(b) assuring appropriate arrangements for the care and protection of the child during the relative's absence from the home in order to perform the work under the program;
(c) such other provisions as the Secretary finds necessary to assure that the operation of the pro- gram will not interfere with the objectives of the Aid to Dependent Children program.
(5) A State participating in such a program would also have to provide (in its State plan) that there will be no adjustment or recovery by the State or any locality on account of any payments which are correctly made for the work.
The cost of administration of a State plan for which Federal funds are paid could not include the cost of making or acquiring materials or equipment in con- nection with work under a community work and training program or the cost of supervision of that work, and could only include those other costs at- tributable to the programs which are permitted by the Secretary.
These new provisions would be applicable only for purposes of expenditures under approved State plans during the period Oct. 1, 1962 to June 30, 1967. The Secretary would be required to submit a report to the President, for transmission to the Congress prior to Jan. 1, 1967, on the administration of the provisions and the experience of the States with community work and training programs, together with the Secretary's recommendations for continuation of and modifications in these provisions.
H.R. 10606 as passed by the House
Permits the relative to receive money payments or medical care whether the child is receiving aid in the form of money payments or in the form of vendor payments for medical care. Effective July 1, 1962. Changes name to "Aid and Services to Needy Families With Children."
Requires that the State plan for aid to dependent children must provide for the development and appli- cation of a program for such welfare and related services for each child who receives ADC as may be necessary in the light of the particular home condi- tions and other needs of the child; and must provide for the coordination of this program with the child welfare services plan developed in the State, with a view toward providing welfare and related services which will best promote the child's and his family's welfare. Effective July 1, 1963.
In determining need in the old-age, blind, dependent No change. children, and disabled program the State agency must take into consideration any other income and resources of the individual claiming assistance (ex- cept that as to the aid to the blind program the State agency may, until June 30, 1962, either dis- regard the first $50 of earned income or the first $85 per month of earned income plus half of monthly earnings over that amount. After June 30, 1962, the States must disregard the first $85 per month of earned income plus half of monthly earnings over that amount).
Under current administrative policy, the States are encouraged but not required to take into account expenses incurred in earning income.
Federal grants to States (without a matching requirement) to assist in the administration of public assistance programs by increasing the number of trained public welfare personnel. Funds may be used for (1) grants to public or other nonprofit institutions of higher learning for training personnel employed or preparing for employment in public assistance programs, (2) special courses of study or seminars of short duration conducted for such personnel, and (3) establishing and maintaining, directly or through grants to such institutions, fellowships, or traineeships for such personnel. Allotments to States are based on population, need for personnel, and financial need.
Requires that a State agency, in determining need, must take into account any expenses that may be reasonably attributable to the earning of income. Effective July 1, 1963.
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