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No change.

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(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

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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

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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.

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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

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(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.

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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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1. No change.

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