To repeal sections 96.230, 96.240, 96.250, 96.260, 96.270, 96.280, 96.290, 205.590, 205.600, 205.610, 205.620, 205.640, 205.650, 205.660, 205.670, 205.680, 205.690, 205.700, 205.710, 205.720, 205.730, 205.740, 205.750, 205.760, 205.765, 205.766, 205.767, 205.769, 205.770, 205.780, 205.790, 205.820, 205.830, 205.840, 205.850, 205.860, 205.870, 205.880, 205.890, 205.900, 205.910, 205.920, 205.930, 205.940, 205.950, 207.010, 208.010, 208.015, 208.040, 208.041, 208.042, 208.043, 208.044, 208.047, 208.048, 208.050, 208.060, 208.075, 208.080, 208.120, 208.150, 208.160, 208.170, 208.180, 208.182, 208.325, 208.337, 208.339, 208.342, 208.345, 208.400, 208.405, 208.410, 208.415, 208.500, 208.503, 473.399 and 660.016, RSMo 1994, and sections 135.240 and 208.151, RSMo Supp. 1996, relating to public health and welfare, and to enact in lieu thereof fifty new sections relating to the same subject.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

     Section A. Sections 96.230, 96.240, 96.250, 96.260, 96.270, 96.280, 96.290, 205.590, 205.600, 205.610, 205.620, 205.640, 205.650, 205.660, 205.670, 205.680, 205.690, 205.700, 205.710, 205.720, 205.730, 205.740, 205.750, 205.760, 205.765, 205.766, 205.767, 205.769, 205.770, 205.780, 205.790, 205.820, 205.830, 205.840, 205.850, 205.860, 205.870, 205.880, 205.890, 205.900, 205.910, 205.920, 205.930, 205.940, 205.950, 207.010, 208.010, 208.015, 208.040, 208.041, 208.042, 208.043, 208.044, 208.047, 208.048, 208.050, 208.060, 208.075, 208.080, 208.120, 208.150, 208.160, 208.170, 208.180, 208.182, 208.325, 208.337, 208.339, 208.342, 208.345, 208.400, 208.405, 208.410, 208.415, 208.500, 208.503, 473.399 and 660.016, RSMo 1994, and sections 135.240 and 208.151, RSMo Supp. 1996, are repealed and fifty new sections enacted in lieu thereof, to be known as sections 135.240, 135.450, 205.770, 205.780, 205.790, 205.820, 205.830, 207.010, 208.010, 208.015, 208.031, 208.043, 208.044, 208.047, 208.048, 208.050, 208.060, 208.075, 208.080, 208.120, 208.150, 208.151, 208.160, 208.170, 208.180, 208.182, 208.325, 208.337, 208.339, 208.342, 208.345, 208.350, 208.352, 208.354, 208.356, 208.358, 208.360, 208.362, 208.364, 208.366, 208.368, 208.370, 208.372, 208.374, 208.376, 208.378, 208.380, 208.382, 473.399 and 660.016, to read as follows:

     135.240. The provisions of subdivision (3) of section 135.225 and section 135.230 shall apply to employees determined to:

     (1) Be difficult to employ. For the purpose of this section, "a person difficult to employ" shall mean a person who was unemployed for at least three months immediately prior to being employed at the new business facility in the enterprise zone; or

     (2) Be eligible for public assistance in accordance with eligibility standards for aid to families with dependent children in effect on July 16, 1996 or be eligible for funds from the temporary assistance for needy families block grant program or general relief programs.

     135.450. 1. As used in this section, the following terms mean:

     (1) "Children", natural, adopted, stepchildren, foster children, or wards who are under the age of eighteen;

     (2) "Net expenditures", only those amounts paid or incurred for child care services or irrevocably contributed to a fund established exclusively to contract for child care services rendered pursuant to a written contract with a third party provider less any amounts received by the qualified taxpayer from any source for the provision of child care services;

     (3) "Qualified taxpayer", an employer who makes expenditures pursuant to this section.

     2. For taxable years commencing on or after January 1, 1998, a qualified taxpayer shall be allowed a credit against the tax imposed by chapter 143, RSMo, to the extent of ten percent of the net expenditures made directly or through a fund during a taxable year by the taxpayer in making available child care services to children of employees of the taxpayer. No credit shall be allowed for any amounts for which any other credit is claimed or allowed under chapter 143, RSMo, for the same net expenditures.

     3. The tax credit allowed by this section shall be claimed by the taxpayer at the time he files his return and shall be applied against the income tax liability imposed by chapter 143, RSMo, after all other credits provided by law have been applied. Where the amount of the credit exceeds the tax liability, the difference between the credit and the tax liability may be carried forward into a subsequent taxable year as otherwise provided by law.

     4. The department of health shall promulgate rules governing the regulation of on-site child care facilities.

     5. No such credit shall be allowed:

     (1) To an employer who fails to provide subsidized child care services on a sliding scale, based on need, to parents of at least twenty-five percent of the children served by the facility for which the credit is sought; or

     (2) To an employer who unfairly discriminates among his employees on the basis of race, creed, religion or national origin, as a factor in making available child care services except that it may give a preference to children of child care dependent employees in providing services qualifying for a credit under this section.

     205.770. 1. In any county of the second class in this state there may be created and established by order of the county commission of any such county a board which shall be styled "The Social Welfare Board of the County of .........".

     2. [All powers and duties connected with and incident to the betterment of social and physical causes of dependency, the relief and care of the indigent, and the care of sick dependents, with the exception of the mentally ill and those suffering with contagious, infectious and transmissible diseases shall be exclusively invested in and exercised by the board.

     3.] The board shall have power to receive and expend donations for social welfare and medical purposes and shall have [exclusive] control over the distribution and expenditure of any public funds set aside and appropriated by such counties and by any city located in any such county for the relief of the temporarily dependent. The board shall have power to promote the general welfare of the poor within the limits of such counties by [social and sanitary reforms, by industrial instruction, by the inculcation of habits of providence and self-dependence, and by the establishment and maintenance of any activities to these ends] providing medical care and emergency assistance. The board shall have power to sue and be sued, complain and defend in all courts, to assume the care of or take, by gift, grant, devise, bequest or otherwise, any money, real estate, personal property, right of property, or other valuable things, and may use, enjoy, control, sell or convey the same for charitable purposes, to have and to use a common seal and alter the same at pleasure.

     [4.] 3. The board may make bylaws for its own guidance, rules and regulations for the government of its agents, servants and employees, and for the distribution of the funds under its control.

     [5.] 4. If any second class county which has established a social welfare board pursuant to the provisions of this section, subsequently becomes a first class or a third class county, such county may retain its social welfare board and continue to function pursuant to the provisions of sections 205.770 to 205.840.

     205.780. [Said] This board shall have the [exclusive] power to make [all suitable provisions for the relief, maintenance and support of all indigent persons within said county and within any city in said county who may appropriate for the support of said board, and to make suitable provisions for the care and maintenance to the sick dependents and those who are unable to support themselves; to enforce the laws of the state, the ordinances of such cities located within said county, in regard to the indigent, and to make] such rules and regulations in the conduct of its business not inconsistent with the laws of the state of Missouri and the ordinances of such cities[; to have exclusive control, care and management of all public hospitals owned or operated by said counties or said cities, except those for the care of the insane and those suffering with contagious, infectious and transmissible diseases; to recommend to the common council of said city the passage of such ordinances as said board may deem necessary for the welfare of the indigent of said city;]. This board will [to] have the power to appoint competent physicians and surgeons, who shall hold their office at the pleasure of said board, at a salary to be fixed by said board, and said physicians and surgeons shall perform such duties as may be prescribed by said board, and shall render medical attendance to all those who may come within the provisions of this law; [said] this board shall have the power and it shall be the duty of [said] this board to employ and discharge all persons or officers in their judgment necessary to carry out the matters over which [said] this board is given jurisdiction or control.

     205.790. 1. [Said] This board shall be nonpartisan and nonsectarian in character, and the members and officers thereof shall receive no compensation as such.

     2. [Said] This board shall consist of the mayor of such cities and the presiding commissioner of the county commission of such counties, who shall be ex officio members thereof, and six other members, three of whom shall be appointed by the county commission of such counties, who shall hold office, one for one year, one for two years and one for three years, whose terms of office shall be designated by such county commission, three by the mayor and common council of such cities, who shall hold office, one for one year, one for two years and one for three years, whose terms of office shall be designated by the mayor.

     3. Whenever the term of office of any member so appointed expires, the appointment of his successor shall be for three years. All such appointments shall date from the first of June following their appointment.

     4. Vacancies from any causes shall be filled in like manner as original appointment. The mayor may, for misconduct or neglect of duty, remove any member appointed by him in the manner required for removal of officers of such cities. The county commission may, by a majority vote, for misconduct or neglect of duty, remove any member appointed by them.

     205.820. It shall be the duty of said board to keep a record of its proceedings and of its receipts, expenditures and operations, and shall annually render a full and complete itemized report, stating the condition of their trust, together with such other suggestions as they may deem of general interest to the mayor and [common] city council of said cities and the county commission of said counties; provided, said board shall render reports concerning receipts, expenditures, operations, etc., whenever called for by the [common] city council of said cities or the county commission of said counties.

     205.830. 1. It shall be the duty of said board, when any person by himself, herself, or another apply for relief to make immediate inquiry [into the state and circumstances of the applicant, and if it shall appear that he or she is in such indigent circumstances as to require temporary relief, the said board shall furnish, out of the funds in their hands, such relief as the circumstances of the case may require; provided, that in all cases where the applicant for aid may be found dependent and said applicant or member of said applicant's family is an able-bodied male person capable of performing manual labor, said board shall require such person to perform work to the value of the aid given, and the city engineer and the street commissioners of such cities in their respective departments are required to utilize the services of such able-bodied persons upon receiving notice from said board that such person has received or is entitled to such aid. Where the applicant or a member of the applicant's family is an able-bodied female, said board shall, whenever practicable, require that labor to the value of the aid given be performed. They shall make investigations of cases of dependence for individuals or other charitable organizations and furnish such reports upon the same as in their judgment seems advisable.

     2. Their office shall be a center of      intercommunication between the various charitable agencies in the city. They shall foster harmonious cooperation between them and endeavor to eradicate the evils of overlapping relief, and for this purpose shall maintain a confidential registration bureau.

     3. When it is impossible to repress mendicancy by the above means they shall prosecute imposters. They shall carefully work out such plans for helping families to self-dependence as may seem most practicable. They shall make concentrated attack on social causes of hardship, such as unsanitary housing, child labor, extortionate charges by pawnshops, salary loan and chattel mortgage agreements] to determine if such person is eligible for such relief.

     207.010. The division of family services is an integral part of the department of social services and shall have and exercise all the powers and duties necessary to carry out fully and effectively the purposes assigned to it by law and shall be the state agency to:

     (1) Administer state plans and laws involving [aid to dependent children] the Temporary Assistance for Needy Families (TANF) Block Grant program and any program established subsequent to the passage of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended;

     (2) Aid or relief in case of public calamity;

     (3) Aid for direct relief;

     (4) Child welfare services;

     (5) Social services to families and adults;

     (6) Pensions and services for the blind; and

     (7) Any other duties relating to public assistance and social services which may be imposed upon the department of social services.

     208.010. 1. In determining the eligibility of a claimant for public assistance [under this law] pursuant to this chapter, it shall be the duty of the division of family services to consider and take into account all facts and circumstances surrounding the claimant, including [his] the claimant's living conditions, earning capacity, income and resources, from whatever source received, and if from all the facts and circumstances the claimant is not found to be in need, assistance shall be denied. In determining the need of a claimant, the costs of providing medical treatment which may be furnished under sections 208.151 to 208.158 and 208.162 shall be disregarded. The amount of benefits, when added to all other income, resources, support, and maintenance shall provide such persons with reasonable subsistence compatible with decency and health in accordance with the standards developed by the division of family services; provided, when a husband and wife are living together, the combined income and resources of both shall be considered in determining the eligibility of either or both. "Living together" for the purpose of this chapter is defined as including a husband and wife separated for the purpose of obtaining medical care or nursing home care, except that the income of a husband or wife separated for such purpose shall be considered in determining the eligibility of his or her spouse, only to the extent that such income exceeds the amount necessary to meet the needs (as defined by rule or regulation of the division) of such husband or wife living separately. In determining the need of a claimant in federally aided programs there shall be disregarded such amounts per month of earned income in making such determination as shall be required for federal participation by the provisions of the federal Social Security Act (42 U.S.C.A. 301 et seq.), or any amendments thereto. When federal law or regulations require the exemption of other income or resources, the division of family services may provide by rule or regulation the amount of income or resources to be disregarded.

     2. Benefits shall not be payable to any claimant who:

     (1) Has or whose spouse with whom [he] the claimant is living has, prior to July 1, 1989, given away or sold a resource within the time and in the manner specified in this subdivision. In determining the resources of an individual, unless prohibited by federal statutes or regulations, there shall be included (but subject to the exclusions [under] pursuant to subdivisions (4) and (5) of this subsection, and subsection 4 of this section) any resource or interest therein owned by such individual or spouse within the twenty-four months preceding the initial investigation, or at any time during which benefits are being drawn, if such individual or spouse gave away or sold such resource or interest within such period of time at less than fair market value of such resource or interest for the purpose of establishing eligibility for benefits, including but not limited to benefits based on December, 1973, eligibility requirements, as follows:

     (a) Any transaction described in this subdivision shall be presumed to have been for the purpose of establishing eligibility for benefits or assistance [under] pursuant to this chapter unless such individual furnishes convincing evidence to establish that the transaction was exclusively for some other purpose;

     (b) The resource shall be considered in determining eligibility from the date of the transfer for the number of months the uncompensated value of the disposed of resource is divisible by the average monthly grant paid or average medicaid payment in the state at the time of the investigation to an individual or on [his] or her behalf [under] pursuant to the program for which benefits are claimed, provided that:

     a. When the uncompensated value is twelve thousand dollars or less, the resource shall not be used in determining eligibility for more than twenty-four months; or

     b. When the uncompensated value exceeds twelve thousand dollars, the resource shall not be used in determining eligibility for more than sixty months;

     (2) The provisions of subdivision (1) of this subsection [2 of this section] shall not apply to a transfer, other than a transfer to claimant's spouse, made prior to March 26, 1981, when the claimant furnishes convincing evidence that the uncompensated value of the disposed of resource or any part thereof is no longer possessed or owned by the person to whom the resource was transferred;

     (3) Has received, or whose spouse with whom [he] the claimant is living has received, benefits to which [he] the claimant was not entitled through misrepresentation or nondisclosure of material facts or failure to report any change in status or correct information with respect to property or income as required by section 208.210. A claimant ineligible [under] pursuant to this subsection shall be ineligible for such period of time from the date of discovery as the division of family services may deem proper; or in the case of overpayment of benefits, future benefits may be decreased, suspended or entirely withdrawn for such period of time as the division may deem proper;

     (4) Owns or possesses resources in the sum of one thousand dollars or more; provided, however, that if such person is married and living with spouse, he or she or they, individually or jointly, may own resources not to exceed two thousand dollars; and provided further, that in the case of an [aid to families with dependent children claimant] individuals receiving benefits through the work first program, the provision of this subsection shall not apply;

     (5) Prior to October 1, 1989, owns or possesses property of any kind or character, excluding amounts placed in an irrevocable prearranged funeral or burial contract pursuant to subsection 2 of section 436.035, RSMo, and subdivision (5) of subsection 1 of section 436.053, RSMo, or has an interest in property, of which [he] the claimant is the record or beneficial owner, the value of such property, as determined by the division of family services, less encumbrances of record, exceeds twenty-nine thousand dollars, or if married and actually living together with husband or wife, if the value of his or her property, or the value of his or her interest in property, together with that of such husband and wife, exceeds such amount;

     (6) In the case of [aid to families with dependent children] individuals receiving benefits through the work first program, if the parent, stepparent, and child or children in the home owns or possesses property of any kind or character, or has an interest in property for which [he] or she is a record or beneficial owner, the value of such property, less encumbrances of record and excluding the home occupied by the claimant, as determined by the division of family services [and as allowed by federal law or regulation, less encumbrances of record, exceeds one thousand dollars, excluding the home occupied by the claimant, amounts placed in an irrevocable prearranged funeral or burial contract pursuant to subsection 2 of section 436.035, RSMo, and subdivision (5) of subsection 1 of section 436.053, RSMo, one automobile which shall not exceed a value set forth by federal law or regulation and for a period not to exceed six months, such other real property which the family is making a good-faith effort to sell, if the family agrees in writing with the division of family services to sell such property and from the net proceeds of the sale repay the amount of assistance received during such period. If the property has not been sold within six months, or if eligibility terminates for any other reason, the entire amount of assistance paid during such period shall be a debt due the state] exceeds the maximum amount established through regulation by the department of social services, division of family services. This maximum shall not be less than one thousand dollars. Each individual participating in the work first program shall be allowed to exclude one automobile from this determination;

     (7) Is an inmate of a public institution, except as a patient in a public medical institution.

     3. In determining eligibility and the amount of benefits to be granted [under] pursuant to federally aided programs, the income and resources of a relative or other person living in the home shall be taken into account to the extent the income, resources, support and maintenance are allowed by federal law or regulation to be considered.

     4. In determining the total property owned [under] pursuant to subdivision (5) of subsection 2 of this section, or resources, of any person claiming or for whom public assistance is claimed, there shall be disregarded any life insurance policy, or prearranged funeral or burial contract, or any two or more policies or contracts, or any combination of policies and contracts, which provides for the payment of one thousand five hundred dollars or less upon the death of any of the following:

     (1) A claimant or person for whom benefits are claimed; or

     (2) The spouse of a claimant or person for whom benefits are claimed with whom [he] the claimant is living. If the value of such policies exceeds one thousand five hundred dollars, then the total value of such policies may be considered in determining resources; [except that, in the case of aid to families with dependent children, there shall be disregarded any prearranged funeral or burial contract, or any two or more contracts, which provides for the payment of one thousand five hundred dollars or less per family member] and provided further that in the case of individuals receiving work first program benefits the provision of this subsection shall not apply.

     5. Beginning September 30, 1989, when determining the eligibility of institutionalized spouses, as defined in 42 USC section 1396r-5, for medical assistance benefits as provided for in section 208.151 and 42 USC sections 1396a et seq., the division of family services shall comply with the provisions of the federal statutes and regulations. As necessary, the division shall by rule or regulation implement the federal law and regulations which shall include but not be limited to the establishment of income and resource standards and limitations. The division shall require:

     (1) That at the beginning of a period of continuous institutionalization that is expected to last for thirty days or more, the institutionalized spouse, or the community spouse, may request an assessment by the division of family services of total countable resources owned by either or both spouses;

     (2) That the assessed resources of the institutionalized spouse and the community spouse may be allocated so that each receives an equal share;

     (3) That upon an initial eligibility determination, if the community spouse's share does not equal at least twelve thousand dollars, the institutionalized spouse may transfer to the community spouse a resource allowance to increase the community spouse's share to twelve thousand dollars;

     (4) That in the determination of initial eligibility of the institutionalized spouse, no resources attributed to the community spouse shall be used in determining the eligibility of the institutionalized spouse, except to the extent that the resources attributed to the community spouse do exceed the community spouse's resource allowance as defined in 42 USC section 1396r-5;

     (5) That beginning in January, 1990, the amount specified in subdivision (3) of this subsection shall be increased by the percentage increase in the consumer price index for all urban consumers between September, 1988, and the September before the calendar year involved; and

     (6) That beginning the month after initial eligibility for the institutionalized spouse is determined, the resources of the community spouse shall not be considered available to the institutionalized spouse during that continuous period of institutionalization.

     6. Beginning July 1, 1989, institutionalized individuals shall be ineligible for the periods required and for the reasons specified in 42 USC section 1396p.

     7. The hearings required by 42 USC section 1396r-5 shall be conducted [under] pursuant to the provisions of section 208.080.

     8. Beginning October 1, 1989, when determining eligibility for assistance [under] pursuant to this chapter there shall be disregarded unless otherwise provided by federal or state statutes, the home of the applicant or recipient when the home is providing shelter to the applicant or recipient, or his or her spouse or dependent child. The division of family services shall establish by rule or regulation in conformance with applicable federal statutes and regulations a definition of the home and when the home shall be considered a resource that shall be considered in determining eligibility.

     9. Reimbursement for services provided by an enrolled medicaid provider to a recipient who is duly entitled to Title XIX Medicaid and Title XVIII Medicare Part B, Supplementary Medical Insurance (SMI) shall include payment in full of deductible and coinsurance amounts as determined due [under] pursuant to the applicable provisions of federal regulations pertaining to Title XVIII Medicare Part B, except the applicable Title XIX cost sharing.

     10. A "community spouse" is defined as being the noninstitutionalized spouse.

     208.015. 1. The division of family services shall grant general relief benefits to those persons determined to be eligible [under] pursuant to this chapter and the applicable rules of the division. The director may adopt such additional requirements for eligibility for general relief, not inconsistent with this chapter, which [he] the director deems appropriate.

     2. General relief shall not be granted to any person:

     (1) Who has been approved for federal supplemental security income and was not on the general relief rolls in December, 1973; or

     (2) Who is a recipient of:

     (a) [Aid to families with dependent children] Benefits funded through the work first program;

     (b) Aid to the blind benefits;

     (c) Blind pension benefits; or

     (d) Supplemental aid to the blind benefits.

     3. A person shall not be considered unemployable, [under] pursuant to this section, if unemployability is due to school attendance.

     4. Persons receiving general relief in December, 1973, and who qualify for supplemental security income shall continue to receive a general relief grant if necessary to prevent a reduction in the total cash income received by such person in December, 1973, which general relief grant shall not exceed the amount of general relief provided by law.

     5. In providing benefits to persons applying for or receiving general relief, benefits shall not be provided to any member of a household if the claimant is employable as defined by rule of the division of family services; or if certain specified relatives living in the household of the claimant are employed and have income sufficient to support themselves and their legal dependents and to meet the needs of the claimant as defined by rule of the division. "Specified relatives" shall be defined as the spouse, mother, father, sister, brother, son, daughter, and grandparents of the claimant, as well as the spouses of these relatives, if living in the home.

     6. General relief paid to an unemployable person shall not exceed one hundred dollars a month.

     208.031. As used in sections 208.031 to 208.036 and any other sections administering the families work program, the following terms mean:

     (1) "Department", the department of social services and all its divisions;

     (2) "Household", a natural or adoptive parent or the legal guardian of one or more eligible children; a needy non-parent caretaker relative, eligible children under the age of eighteen years, blood and adoptive brothers and sisters of the dependent child who are themselves dependent children;

     (3) "Minor child", an individual who:

     (a) Has not attained eighteen years of age; or

     (b) Has not attained nineteen years of age and is a full-time student in a secondary school or in the equivalent level of vocational or technical training.

     208.043. 1. [Notwithstanding the provisions of section 208.040, aid to dependent children] Work first program benefits shall be granted on behalf of a needy child and may be granted to a needy eligible legal guardian caring for a needy dependent child [who] if the child:

     (1) Has been deprived of parental support or care by reason of the death, continued absence from the home, or physical or mental incapacity of a parent;

     (2) Is living with a legal guardian;

     (3) Is under the age of eighteen; and

     (4) Is not eligible for [aid to dependent children] work first program benefits under section [208.040] 208.032 because the child is not living with a specified relative.

     2. The amount of the monthly public assistance benefit payable hereunder shall be determined by the standards set forth in section 208.150.

     208.044. 1. The division of family services shall provide child day care services [to any person who meets the qualifications set forth at sections 301 and 302 of the Family Support Act of 1988 (P.L. 100-485)] in accordance with Title VI of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, known as the Child Care and Development Block Grant Amendments of 1996.

     2. The division of family services shall purchase the child day care services required by this section by making payments, in accordance with the Child Care and Development Block Grant Amendments of 1996, and payments made directly to any providers of day care services licensed pursuant to chapter 210, RSMo, or to providers of day care services who are not required by chapter 210, RSMo, to be licensed [because they are providing care to relative children or no more than four children] or by reimbursement to parents for services rendered by such providers.

     [3. When a person who has been eligible and receiving day care services under this section becomes ineligible due to the end of the twelve-month period of transitional day care, as defined in section 208.400, such person may receive day care services from the division of family services if otherwise eligible for such services. Until October 1, 1992, participants eligible for income eligible day care services, as defined by the division of family services, will continue to receive such services in the same proportion as that provided in fiscal year 1989, subject to appropriation.]

     208.047. [1. Notwithstanding the provisions of section 208.040, aid to dependent children] Benefits funded through the work first program may be granted to a dependent child:

     (1) Who would meet the requirements of [section 208.040] aid to families with dependent children in effect as of June 1, 1995, except for [his] the child's removal from the home of a relative as a result of a judicial determination to the effect that continuation therein would be contrary to the welfare of such child;

     (2) For whose placement and care the division of family services is responsible;

     (3) Who has been placed in a foster family home or nonprofit private child-care institution as a result of such determination; and

     (4) Who (a) [received aid to dependent children benefits] in and for the month in which court proceedings leading to such determination were initiated[; or (b)] would have [received aid in or for that month] qualified for aid to families with dependent children under the requirements in effect on June 1, 1995, if application had been made therefor; or [(c)] (b) in the case of a child who had been living with a specified relative [specified in section 208.040] within six months prior to the month in which such proceedings were initiated, would have [received] qualified for such aid in and for such month, if in such month he had been living with, and removed from the home of, such a relative and application had been made therefor.

     [2. Monthly aid to dependent children benefits on behalf of a child placed in a foster family home or nonprofit private child-care institution shall not exceed one hundred dollars for each child and in the event that federal aid to states for dependent children placed in a nonprofit private child-care institution is withdrawn, benefit payments under this section shall be terminated on behalf of a dependent child in a nonprofit private child-care institution.]

     208.048. 1. A dependent child eighteen years of age shall, in order to retain eligibility for [aid to families with dependent children] benefits through the work first program, be enrolled as a full-time student in a public or private secondary school, or an equivalent level of vocational or technical school in lieu of secondary school, [and reasonably expected to complete the program of the secondary school, or equivalent vocational or technical training.] and be attending such program as required by rules and regulations of the department of social services.

     2. An adult who has received benefits through the work first program who is a parent or caretaker of a minor dependent child shall, in order to retain eligibility for such benefits, ensure that any such minor dependent child attends school as required by rules and regulations developed by the department of social services.

     3. Any sanction imposed by the department for a recipient's failure to comply with requirements of subsection 2 of this section shall continue until the minor child is attending school as required by rules and regulations of the department of social services.

     [2.] 4. The department of social services shall promulgate rules and regulations to carry out the provisions of this section pursuant to section 660.017, RSMo, and chapter 536, RSMo.

     208.050. [Aid to families with dependent children] Work first program benefits shall not be granted or continued:

     (1) Unless the benefits granted are used to meet the needs of the child and the needy eligible relative caring for a dependent child;

     (2) To any person [when benefits are claimed by reason of his physical or mental incapacity, and such person] who refuses to accept vocational rehabilitation services or training or medical or other legal healing treatment necessary to improve or restore [his] such person's capacity to support himself or herself and his or her dependents, and it is certified by competent medical authority designated by the division of family services that such physical or mental incapacity can be removed, corrected or substantially improved; provided, however, the division of family services may in its discretion waive this requirement, taking into consideration the age of the individual, nature and extent of training and treatment, or whether [he] such individual endangers the health of others in [his] such individual's refusal, whether the training or treatment is such that a reasonably prudent person would accept it, and all other facts and circumstances in the individual case;

     (3) To a household that receives in any month an amount of income which together with all other income for that month, not excluded or disregarded by the division, exceeds the standard of need [applicable to the family:

     (a) Such amount of income shall be considered income to the individual in the month received, and the household of which such person is a member shall be ineligible for the whole number of months that equals the sum of such amount and all other income received in such month, not excluded or disregarded by the division, divided by the standard of need applicable to the family;

     (b) Any income remaining shall be treated as income received in the first month following the period of ineligibility specified in paragraph (a);

     (c) For the purposes of this subdivision, where consistent with federal law or regulation, "income" shall not include the proceeds of any life insurance policy, or prearranged funeral or burial contract, provided that such proceeds are actually used to pay for the funeral or burial expenses of the deceased family member] established by the department of social services in conformance with the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended.

     208.060. Application for any benefits [under] pursuant to any law of this state administered by the division of family services acting as a state agency shall be filed in the county office. Application for [aid to dependent children] benefits through the work first program shall be made by the person with whom the child will live while receiving aid. All applications shall be in writing, or reduced to writing, upon blank forms furnished by the division of family services, and shall contain such information as may be required by the division of family services or by any federal authority [under] pursuant to the social security law and amendments thereto. The term "benefits" as used herein or in this law shall be construed to mean:

     (1) [Aid to dependent children] Benefits funded through the work first program;

     (2) Aid or public relief to individuals in cases of public calamity;

     (3) Money or services available for child welfare services;

     (4) Any other grant, aid, pension or assistance administered by the division of family services.

     208.075. 1. When an application is made for [aid to dependent children or] aid to the permanently and totally disabled benefits because of the physical or mental condition of a person the division of family services shall require the person to be examined by competent medical or other appropriate authority designated by the division of family services. If benefits are paid because of the physical or mental condition of a person the division of family services may, as often as it deems necessary, require such person to be reexamined by competent medical or other appropriate authority designated by the division of family services. Written reports of examinations and reexaminations shall be required and evaluated by the division of family services in determining eligibility to receive benefits or to continue to receive benefits.

     2. In any appeal hearing as provided for by section 208.080 and the question at issue involves the physical or mental incapacity of a person, regardless of whether assistance has been denied or a recipient has been removed from the assistance rolls, the written reports of the examination or reexamination made by competent medical or other appropriate authority designated by the division of family services, and any written medical reports by other physicians or clinics submitted by claimant, are hereby declared to be competent evidence and admissible as such at the appeal hearing to be considered by the director with any other evidence submitted. Any written medical report purporting to be executed and signed by the medical or other appropriate authority, its agents, or employees shall be prima facie evidence of it being properly executed and signed without further proof of identification.

     208.080. 1. Any applicant for or recipient of benefits or services provided by law by the division of family services may appeal to the director of the division of family services from a decision of a county office of the division of family services in any of the following cases:

     (1) If [his] the applicant's or recipient's right to make application for any such benefits or services is denied; or

     (2) If [his] the applicant's or recipient's application is disallowed in whole or in part, or is not acted upon within a reasonable time after it is filed; or

     (3) If it is proposed to cancel or modify benefits or services; or

     (4) If [he] the applicant or recipient is adversely affected by any determination of a county office of the division of family services in its administration of the programs administered by it; or

     (5) If a determination is made pursuant to subsection 2 of section 208.180 that payment of benefits on behalf of a dependent child shall not be made to the relative with whom [he] such child lives.

     2. If the division proposes to terminate or modify the payment of benefits or the providing of services to the recipient or the division has terminated or modified the payment of benefits or providing of services to the recipient and the recipient appeals, the decision of the director as to the eligibility of the recipient at the time such action was proposed or taken shall be based on the facts shown by the evidence presented at the hearing of the appeal to have existed at the time such action to terminate or modify was proposed or was taken.

     3. In the case of a proposed action by the county office of the division of family services to reduce, modify, or discontinue benefits or services to a recipient, the recipient of such benefits or services shall have ten days from the date of the mailing of notice of the proposed action to reduce, modify, or discontinue benefits or services within which to request an appeal to the director of the division of family services. In the notice to the recipient of such proposed action, the county office of the division of family services shall notify the recipient of all [his] the recipient's rights of appeal [under] pursuant to this section. Proper blank forms for appeal to the director of the division of family services shall be furnished by the county office to any aggrieved recipient. Every such appeal to the director of the division of family services shall be transmitted by the county office to the director of the division of family services immediately upon the same being filed with the county office. If an appeal is requested, benefits or services shall continue undiminished or unchanged until such appeal is heard and a decision has been rendered thereon, except that in [an aid to families with dependent children] a work first program case the recipient may request that benefits or services not be continued undiminished or unchanged during the appeal.

     4. When a case has been closed or modified and no appeal was requested prior to closing or modification, the recipient shall have ninety days from the date of closing or modification to request an appeal to the director of the division of family services. Each recipient who has not requested an appeal prior to the closing or modification of [his] the recipient's case shall be notified at the time of such closing or modification of [his] the right to request an appeal during this ninety-day period. Proper blank forms for requesting an appeal to the director of the division of family services shall be furnished by the county office to any aggrieved applicant. Every such request made in any manner for an appeal to the director of the division of family services shall be transmitted by the county office to the director of the division of family services immediately upon the same being filed with the county office. If an appeal is requested in the ninety-day period subsequent to the closing or modification, benefits or services shall not be continued at their prior level during the pendency of the appeal.

     5. In the case of a rejection of an application for benefits or services, the aggrieved applicant shall have ninety days from the date of the notice of the action in which to request an appeal to the director of the division of family services. In the rejection notice the applicant for benefits or services shall be notified of all of [his] the applicant's rights of appeal [under] pursuant to this section. Proper blank forms for requesting an appeal to the director of the division of family services shall be furnished by the county office to any aggrieved applicant. Any such request made in any manner for an appeal shall be transmitted by the county office to the director of the division of family services, immediately upon the same being filed with the county office.

     6. If the division has rejected an application for benefits or services and the applicant appeals, the decision of the director as to the eligibility of the applicant at the time such rejection was made shall be based upon the facts shown by the evidence presented at the hearing of the appeal to have existed at the time the rejection was made.

     7. The director of the division of family services shall give the applicant for benefits or services or the recipient of benefits or services reasonable notice of, and an opportunity for, a fair hearing [in the county of his residence at the time the adverse action was taken. The hearing shall be] conducted by the director of the division of family services or [his designee] an authorized designee to include an administrative hearing officer in the administrative hearing unit of the division of legal services. Every applicant or recipient, on appeal to the director of the division of family services, shall be entitled to [be present at the hearing, in person and by attorney or representative] a hearing either in person or by telephone. All in-person hearings shall be held in one of the administrative hearing units regional hearing offices located throughout the state, or as designated by the administrative hearing unit. A person requesting a hearing may appear with or without an attorney or other representative, and shall be entitled to introduce into the record of such hearing any and all evidence, by witnesses or otherwise, pertinent to such applicant's or recipient's eligibility between the time [he applied] application for benefits or services was made and the time the application was denied or the benefits or services were terminated or modified, and all such evidence shall be taken down, preserved, and shall become a part of the applicant's or recipient's appeal record. Upon the record so made, the director of the division of family services shall determine all questions presented by the appeal, and shall make such decision as to the granting of benefits or services as in [his] the director's opinion is justified and is in conformity with the provisions of the law. The director shall clearly state the reasons for [his] the director's decision and shall include a statement of findings of fact and conclusions of law pertinent to the questions in issue.

     8. All appeal requests may initially be made orally or in any written form, but all such requests shall be transcribed on forms furnished by the division of family services and signed by the aggrieved applicant or recipient or his or her representative prior to the commencement of the hearing.

     208.120. 1. For the protection of applicants and recipients, all officers and employees of the state of Missouri are prohibited, except as hereinafter provided, from disclosing any information obtained by them in the discharge of their official duties relative to the identity of applicants for or recipients of benefits or the contents of any records, files, papers, and communications, except in proceedings or investigations where the eligibility of an applicant to receive benefits, or the amount received or to be received by any recipient, is called into question, or for the purposes directly connected with the administration of public assistance. In any judicial proceedings, except such proceedings as are directly concerned with the administration of these programs, such information obtained in the discharge of official duties relative to the identity of applicants for or recipients of benefits, and records, files, papers, communications and their contents shall be confidential and not admissible in evidence.

     2. The division of family services shall in each county welfare office maintain monthly a report showing the name and address of all recipients certified by such county welfare office to receive public assistance benefits, together with the amount paid to each recipient during the preceding month, and each such report and information contained therein shall be open to public inspection at all times during the regular office hours of the county welfare office; provided, however, that all information regarding applicants or recipients other than names, addresses and amounts of grants shall be considered as confidential.

     3. It shall be unlawful for any person, association, firm, corporation or other agency to solicit, disclose, receive, make use of or authorize, knowingly permit, participate in or acquiesce in the use of any name or lists of names for commercial or political purposes of any nature; or for any name or list of names of recipients secured from such report in the county welfare office to be published in any manner. Anyone willfully or knowingly violating any provisions of this section shall be guilty of a misdemeanor. If the violation is by other than an individual, the penalty may be adjudged against any officer, agent, employee, servant or other person of the association, firm, corporation or other agency who committed or participated in such violation and is found guilty thereof.

     4. Notwithstanding any other provisions of this section to the contrary, the department of social services shall furnish, at least four times annually and upon request of the Immigration and Naturalization Service, the name, address and other identifying information of any individual whom the department knows to be unlawfully in the United States.

     208.150. The maximum amount of monthly public assistance money payment benefits payable to or on behalf of a needy person shall not exceed the following:

     [(1) Aid to families with a dependent child, or children, and needy eligible relatives caring for a dependent child, or children, in an amount to be computed as follows:

     (a) Beginning July 1, 1993, and at least every three years thereafter, the division of family services shall determine by regulation the average need for each such eligible person, which shall include the cost of basic needs required to maintain a child or children in the home at a reasonable and decent low-income standard of living, and shall pay, on a uniform basis, the highest percent of such need as shall be possible within the limits of funds appropriated for that purpose, less available income;

     (b) "Available income" means the total income, before taxes or other deductions, of each person residing within the same household, except, to the extent allowed by federal law, the earnings of a student under nineteen years of age enrolled in a secondary school or at the equivalent level of vocational or technical training, plus or minus such credits or deductions as may be prescribed by the division of family services by regulations for the sole purpose of complying with federal laws or regulations relating to this state's eligibility to receive federal funds for aid to families with dependent children payments, and such credits or deductions as may otherwise be prescribed by law;

     (c) The available income shall be subtracted from the total amount which otherwise would be paid;

     (d) If the determined need under this subdivision is of an amount less than ten dollars, no cash payment will be made;]

     (1) Benefits payable to individuals under the work first program in accordance with requirements established by the department;

     (2) Aid or public relief to an unemployable person not to exceed one hundred dollars.

     208.151. 1. The department of social services shall require as a condition of eligibility for medical assistance benefits that all applicants for or recipients of such benefits shall cooperate with the department of social services in identifying and providing information to assist the department in pursuing any third party who may be financially responsible or liable for care and services available under the state's plan for medical assistance as provided in section 208.152, unless such individual has good cause for refusing to cooperate as determined by the department of social services in accordance with applicable federally prescribed standards and by rules and regulations.

     2. For the purpose of paying medical assistance on behalf of needy persons and to comply with Title XIX, Public Law 89-97, 1965 amendments to the federal Social Security Act (42 U.S.C. section 301 et seq.) as amended, the following needy persons shall be eligible to receive medical assistance to the extent and in the manner hereinafter provided:

     (1) All recipients of state supplemental payments for the aged, blind and disabled;

     (2) [All recipients of aid to families with dependent children benefits, including all persons under nineteen years of age who would be classified as dependent children except for the requirements of subdivision (1) of subsection 1 of section 208.040] Individuals who meet the July 16, 1996, eligibility requirements for aid to families with dependent children or requirements so established by the department and who are eligible for medical assistance in accordance with rules and regulations promulgated by the department;

     (3) All recipients of blind pension benefits;

     (4) All persons who would be determined to be eligible for old age assistance benefits, permanent and total disability benefits, or aid to the blind benefits under the eligibility standards in effect December 31, 1973, or less restrictive standards as established by rule of the division of family services, who are sixty-five years of age or over and are patients in state institutions for mental diseases or tuberculosis;

     (5) All persons under the age of twenty-one years who [would be eligible for aid to families with dependent children] meet the July 16, 1996, eligibility requirements for aid to families with dependent children or requirements as established by the department[;], except for the requirements of [subdivision (2) of subsection 1 of section 208.040] deprivation of parental support, and who are residing in an intermediate care facility, or receiving active treatment as inpatients in psychiatric facilities or programs, as defined in 42 U.S.C. 1396d, as amended;

     (6) All persons under the age of twenty-one years who would be eligible for aid to families with dependent children benefits [except for the requirement of deprivation of parental support as provided for in subdivision (2) of subsection 1 of section 208.040] pursuant to the July 16, 1996, eligibility requirements or requirements as established by the department except for the requirement of deprivation of parental support;

     (7) All persons eligible to receive nursing care benefits;

     (8) All recipients of family foster home or nonprofit private child-care institution care, subsidized adoption benefits and parental school care wherein state funds are used as partial or full payment for such care;

     (9) All persons who were recipients of old age assistance benefits, aid to the permanently and totally disabled, or aid to the blind benefits on December 31, 1973, and who continue to meet the eligibility requirements, except income, for these assistance categories, but who are no longer receiving such benefits because of the implementation of Title XVI of the federal Social Security Act, as amended;

     (10) Pregnant women who meet the requirements for aid to families with dependent children that were in existence as of July 16, 1996, or requirements as established by the department, except for the existence of a dependent child in the home;

     (11) Pregnant women who meet the requirements for aid to families with dependent children that were in existence as of July 16, 1996, or requirements as established by the department, except for the existence of a dependent child who is deprived of parental support [as provided for in subdivision (2) of subsection 1 of section 208.040];

     (12) Pregnant women or infants under one year of age, or both, whose family income does not exceed an income eligibility standard equal to one hundred eighty-five percent of the federal poverty level as established and amended by the federal Department of Health and Human Services, or its successor agency;

     (13) Children who have attained one year of age but have not attained six years of age who are eligible for medical assistance under 6401 of P.L. 101-239 (Omnibus Budget Reconciliation Act of 1989). The division of family services shall use an income eligibility standard equal to one hundred thirty-three percent of the federal poverty level established by the Department of Health and Human Services, or its successor agency;

     (14) Children who have attained six years of age but have not attained nineteen years of age. For children who have attained six years of age but have not attained nineteen years of age, the division of family services shall use an income assessment methodology which provides for eligibility when family income is equal to or less than equal to one hundred percent of the federal poverty level established by the Department of Health and Human Services, or its successor agency. As necessary to provide medicaid coverage [under] pursuant to this subdivision, the department of social services may revise the state medicaid plan to extend coverage [under] pursuant to 42 U.S.C. 1396a (a)(10)(A)(i)(III) to children who have attained six years of age but have not attained nineteen years of age as permitted by paragraph (2) of subsection (n) of 42 U.S.C. 1396d using a more liberal income assessment methodology as authorized by paragraph (2) of subsection (r) of 42 U.S.C. 1396a;

     (15) The following children with family income which does not exceed two hundred percent of the federal poverty guideline for the applicable family size:

     (a) Infants who have not attained one year of age with family income greater than one hundred eighty-five percent of the federal poverty guideline for the applicable family size;

     (b) Children who have attained one year of age but have not attained six years of age with family income greater than one hundred thirty-three percent of the federal poverty guideline for the applicable family size; and

     (c) Children who have attained six years of age but have not attained nineteen years of age with family income greater than one hundred percent of the federal poverty guideline for the applicable family size. Coverage [under] pursuant to this subdivision shall be subject to the receipt of notification by the director of the department of social services and the revisor of statutes of approval from the secretary of the U.S. Department of Health and Human Services of applications for waivers of federal requirements necessary to promulgate regulations to implement this subdivision. The director of the department of social services shall apply for such waivers. The regulations may provide for a basic primary and preventive health care services package, not to include all medical services covered by section 208.152, and may also establish copayment, coinsurance, deductible, or premium requirements for medical assistance [under] pursuant to this subdivision. Eligibility for medical assistance [under] pursuant to this subdivision shall be available only to those infants and children who do not have or have not been eligible for employer-subsidized health care insurance coverage for the six months prior to application for medical assistance. Children are eligible for employer-subsidized coverage through either parent, including the noncustodial parent. The division of family services may establish a resource eligibility standard in assessing eligibility for persons [under] pursuant to this subdivision. The division of medical services shall define the amount and scope of benefits which are available to individuals [under] pursuant to this subdivision in accordance with the requirement of federal law and regulations. Coverage [under] pursuant to this subdivision shall be subject to appropriation to provide services approved under the provisions of this subdivision;

     (16) The division of family services shall not establish a resource eligibility standard in assessing eligibility for persons [under] pursuant to subdivision (12), (13) or (14) of this subsection. The division of medical services shall define the amount and scope of benefits which are available to individuals eligible [under] pursuant to each of the subdivisions (12), (13), and (14) of this subsection, in accordance with the requirements of federal law and regulations promulgated thereunder except that the scope of benefits shall include case management services;

     (17) Notwithstanding any other provisions of law to the contrary, ambulatory prenatal care shall be made available to pregnant women during a period of presumptive eligibility pursuant to 42 U.S.C. section 1396r-1, as amended;

     (18) A child born to a woman eligible for and receiving medical assistance [under] pursuant to this section on the date of the child's birth shall be deemed to have applied for medical assistance and to have been found eligible for such assistance under such plan on the date of such birth and to remain eligible for such assistance for a period of time determined in accordance with applicable federal and state law and regulations so long as the child is a member of the woman's household and either the woman remains eligible for such assistance or for children born on or after January 1, 1991, the woman would remain eligible for such assistance if she were still pregnant. Upon notification of such child's birth, the division of family services shall assign a medical assistance eligibility identification number to the child so that claims may be submitted and paid under such child's identification number;

     (19) Pregnant women and children eligible for medical assistance pursuant to subdivision (12), (13) or (14) of this subsection shall not as a condition of eligibility for medical assistance benefits be required to apply for [aid to families with dependent children] benefits through the work first program. The division of family services shall utilize an application for eligibility for such persons which eliminates information requirements other than those necessary to apply for medical assistance. The division shall provide such application forms to applicants whose preliminary income information indicates that they are ineligible for [aid to families with dependent children] benefits through the work first program. Applicants for medical assistance benefits [under] pursuant to subdivision (12), (13) or (14) shall be informed of the [aid to families with dependent children program] work first program and that they are entitled to apply for such benefits. Any forms utilized by the division of family services for assessing eligibility [under] pursuant to this chapter shall be as simple as practicable;

     (20) Subject to appropriations necessary to recruit and train such staff, the division of family services shall provide one or more full-time, permanent case workers to process applications for medical assistance at the site of a health care provider, if the health care provider requests the placement of such case workers and reimburses the division for the expenses including but not limited to salaries, benefits, travel, training, telephone, supplies, and equipment, of such case workers. The division may provide a health care provider with a part-time or temporary case worker at the site of a health care provider if the health care provider requests the placement of such a case worker and reimburses the division for the expenses, including but not limited to the salary, benefits, travel, training, telephone, supplies, and equipment, of such a case worker. The division may seek to employ such case workers who are otherwise qualified for such positions and who are current or former welfare recipients. The division may consider training such current or former welfare recipients as case workers for this program;

     (21) Pregnant women who are eligible for, have applied for and have received medical assistance [under] pursuant to subdivision (2), (10), (11) or (12) of this subsection shall continue to be considered eligible for all pregnancy-related and postpartum medical assistance provided [under] pursuant to section 208.152 until the end of the sixty-day period beginning on the last day of their pregnancy;

     (22) Case management services for pregnant women and young children at risk shall be a covered service. To the greatest extent possible, and in compliance with federal law and regulations, the department of health shall provide case management services to pregnant women by contract or agreement with the department of social services through local health departments organized [under] pursuant to the provisions of chapter 192, RSMo, or chapter 205, RSMo, or a city health department operated [under] pursuant to a city charter or a combined city-county health department or other department of health designees. To the greatest extent possible the department of social services and the department of health shall mutually coordinate all services for pregnant women and children with the crippled children's program, the prevention of mental retardation program and the prenatal care program administered by the department of health. The department of social services shall by regulation establish the methodology for reimbursement for case management services provided by the department of health. For purposes of this section, the term "case management" shall mean those activities of local public health personnel to identify prospective medicaid-eligible high-risk mothers and enroll them in the state's medicaid program, refer them to local physicians or local health departments who provide prenatal care under physician protocol and who participate in the medicaid program for prenatal care and to ensure that said high-risk mothers receive support from all private and public programs for which they are eligible and shall not include involvement in any medicaid prepaid, case-managed programs;

     (23) By January 1, 1988, the department of social services and the department of health shall study all significant aspects of presumptive eligibility for pregnant women and submit a joint report on the subject, including projected costs and the time needed for implementation, to the general assembly. The department of social services, at the direction of the general assembly, may implement presumptive eligibility by regulation promulgated pursuant to chapter 207, RSMo;

     (24) All recipients who would be eligible for aid to families with dependent children benefits in accordance with the eligibility requirements that were in existence as of July 16, 1996, or requirements as established by the department except for the requirements of paragraph (d) of subdivision (1) of section 208.150 as it existed on July 16, 1996;

     (25) All persons who would be determined to be eligible for old age assistance benefits, permanent and total disability benefits, or aid to the blind benefits, under the eligibility standards in effect December 31, 1973, or those supplemental security income recipients who would be determined eligible for general relief benefits under the eligibility standards in effect December 31, 1973, except income; or less restrictive standards as established by rule of the division of family services. If federal law or regulation authorizes the division of family services to, by rule, exclude the income or resources of a parent or parents of a person under the age of eighteen and such exclusion of income or resources can be limited to such parent or parents, then notwithstanding the provisions of section 208.010:

     (a) The division may by rule exclude such income or resources in determining such person's eligibility for permanent and total disability benefits; and

     (b) Eligibility standards for permanent and total disability benefits shall not be limited by age;

     (26) Within thirty days of the effective date of an initial appropriation authorizing medical assistance on behalf of "medically needy" individuals for whom federal reimbursement is available [under] pursuant to 42 U.S.C. 1396a (a)(10)(c), the department of social services shall submit an amendment to the medicaid state plan to provide medical assistance on behalf of, at a minimum, an individual described in subclause (I) or (II) of clause 42 U.S.C. 1396a (a)(10)(C)(ii).

     [2.] 3. Rules and regulations to implement this section shall be promulgated in accordance with section 431.064, RSMo, and chapter 536, RSMo. No rule or portion of a rule promulgated [under] pursuant to the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.

     [3.] 4. [After December 31, 1973, and before April 1, 1990, any family eligible for assistance pursuant to 42 U.S.C. 601 et seq., as amended, in at least three of the last six months immediately preceding the month in which such family became ineligible for such assistance because of increased income from employment shall, while a member of such family is employed, remain eligible for medical assistance for four calendar months following the month in which such family would otherwise be determined to be ineligible for such assistance because of income and resource limitation. After April 1, 1990, any family receiving aid pursuant to 42 U.S.C. 601 et seq., as amended,] Any family receiving Title XIX benefits based on meeting the eligibility requirements for aid to families with dependent children that were in existence on July 16, 1996, or requirements as established by the department in at least three of the six months immediately preceding the month in which such family becomes ineligible for such aid, because of hours of employment or income from employment of the caretaker relative, shall remain eligible for medical assistance for six calendar months following the month of such ineligibility as long as such family includes a child as provided in 42 U.S.C. 1396r-6. Each family which has received such medical assistance during the entire six-month period described in this section and which meets reporting requirements and income tests established by the division and continues to include a child as provided in 42 U.S.C. 1396r-6 shall receive medical assistance without fee for an additional six months. The division of medical services may provide by rule the scope of medical assistance coverage to be granted to such families.

     [4.] 5. For purposes of section 1902(1), (10) of Title XIX of the federal Social Security Act, as amended, any individual who, for the month of August, 1972, was eligible for or was receiving aid or assistance pursuant to the provisions of Titles I, X, XIV, or Part A of Title IV of such act and who, for such month, was entitled to monthly insurance benefits [under] pursuant to Title II of such act, shall be deemed to be eligible for such aid or assistance for such month thereafter prior to October, 1974, if such individual would have been eligible for such aid or assistance for such month had the increase in monthly insurance benefits [under] pursuant to Title II of such act resulting from enactment of Public Law 92-336 amendments to the federal Social Security Act (42 U.S.C. 301 et seq.), as amended, not been applicable to such individual.

     [5.] 6. When any individual has been determined to be eligible for medical assistance, such medical assistance will be made available to him or her for care and services furnished in or after the third month before the month in which he or she made application for such assistance if such individual was, or upon application would have been, eligible for such assistance at the time such care and services were furnished; provided, further, that such medical expenses remain unpaid.

     208.160. The department of social services or its divisions shall prepare separate rolls of persons entitled to benefits or compensation for:

     (1) Supplemental payments;

     (2) [Aid to dependent children] Work first program;

     (3) Aid or public relief;

     (4) Administrative personnel services and expenses;

     (5) Any other grant, aid, pension, assistance or welfare services administered by the department of social services or its divisions. From the rolls, the department of social services or its divisions shall prepare warrants in the form required by section 33.160, RSMo, which shall be certified by the commissioner of administration to the state treasurer for certification as required by section 30.180, RSMo. As authorized by section 30.205, RSMo, or sections 105.273 to 105.278, RSMo, the commissioner or the state treasurer may authorize the department of social services to place their signature on the warrant to create a negotiable check or draft or may authorize the electronic transfer of funds in place of a check or draft.

     208.170. 1. The state treasurer shall be treasurer and custodian of all funds and moneys of the department and shall issue checks upon such funds or moneys in accordance with such rules and regulations as the department shall prescribe.

     2. There is hereby established as a special fund, separate and apart from the public moneys of this state, the following:

     (1) Supplemental payment fund;

     (2) Aid to families with dependent children fund;

     (3) Relief fund;

     (4) Child welfare service fund;

     (5) Administration fund;

     (6) Title XIX fund;

     (7) Child support enforcement fund;

     (8) Work first program fund.

     3. The supplemental payment fund shall consist of moneys appropriated by the state, and such moneys as may be received from the federal government or other sources for the payment of supplemental payments. All checks payable to recipients of supplemental payments shall be drawn on and paid from this fund.

     4. The [aid to families with dependent children] work first program fund shall consist of moneys appropriated by the state, and such moneys as may be received from the federal government or other sources for the payment of aid to families [with dependent children] receiving benefits through the work first program. All checks payable for [aid to families with dependent children] the work first program shall be drawn on and paid from this fund. Any funds remaining in the aid to families with dependent children fund on July 1, 1997, or the date on which this section becomes effective, whichever later occurs, shall be transferred to the work first program fund.

     5. The relief fund shall consist of moneys appropriated by the state, and such moneys as may be received from the federal government or other sources for aid or relief in cases of public calamity. All expenditures for aid or relief in cases of public calamity shall be paid from this fund.

     6. The child welfare service fund shall consist of moneys appropriated by the state, and such moneys as may be received from the federal government or other sources for child welfare services, and this fund or any portion of it may be transferred to the administration fund.

     7. The administration fund shall consist of moneys appropriated by the state, and moneys received from the federal government to pay the administrative costs of the department in administering the provisions of the law. All checks payable for employees and personal services of representatives of the department shall be drawn on and paid from the administration fund.

     8. The Title XIX fund shall consist of moneys appropriated by the state and such moneys as may be received from the federal government or other sources for the payment of medical assistance rendered to eligible recipients pursuant to the Title XIX state plan, and all checks payable on behalf of recipients shall be drawn on and paid from this fund.

     9. The child support enforcement fund shall consist of moneys appropriated by the state, and such moneys as may be received from the federal government or other sources including moneys representing assigned support obligations collected on behalf of recipients of public assistance and nonrecipients of public assistance, any fees collected by the department and any incentive payments received from other states. From this fund shall be paid any moneys collected which represent assigned support obligations required by state law or federal law to be returned to the obligee on whose behalf the obligation was collected, incentive payments to political subdivisions of this state or to other states, any reimbursement to the federal government for its respective share of payments for [aid to families with dependent children] benefits through the work first program and administrative costs incurred by the department in the administration of the child support enforcement program including purchase of child support enforcement services pursuant to the terms of cooperative agreements entered into with political subdivisions of this state, appropriate courts, law enforcement officials or others. Nothing herein shall prohibit the appropriation of federal funds to defer all administrative costs incurred by the department pursuant to chapter 454, RSMo, in the event that federal financial participation is extended to include all costs.

     208.180. 1. Payment of benefits hereunder shall be made monthly in advance, at such regular intervals as shall be determined by the division of family services, directly to the recipient, or in the event of [his] the recipient's incapacity or disability, to [his] the recipient's legally appointed conservator, and except as provided in subsection 2 of this section, in the case of a dependent child to the relative with whom [he] such child lives; provided, that payments for the cost of authorized inpatient hospital or nursing home care in behalf of an individual may be made after the care is received either during [his] the individual's lifetime or after [his] the individual's death to the person, firm, corporation, association, institution, or agency furnishing such care, and shall be considered as the equivalent of payment to the individual to whom such care was rendered. All incapacity or disability proceedings of persons applying for or receiving benefits [under this law] pursuant to this chapter shall be carried out without fee or other expense when in the opinion of the probate division of the circuit court the person is unable to assume such expense. At the discretion of the court such a guardian or conservator may serve without bond.

     2. Payment of benefits with respect to a dependent child may be made, pursuant to regulations of the division of family services, to an individual, other than the relative with whom [he] such child lives, who is interested in or concerned with the welfare of the child, or who is furnishing food, living accommodations or other goods, services or items to or for the dependent child[, in the following cases:

     (1)] where the relative with whom the child lives has demonstrated an inability to manage funds to the extent that payments to [him] such relative have not been or are not being used in the best interest of the child[; or

     (2) Where the relative has refused to participate in a work or training program to which he has been referred under section 208.042].

     3. Whenever any recipient shall have died after the issuance of a benefit check to [him] such recipient, or on or after the date upon which a benefit check was due and payable to [him] such recipient, and before the same is endorsed or presented for payment by the recipient, the probate division of the circuit court of the county in which the recipient resided at the time of [his] the recipient's death shall, on the filing of an affidavit by one of the next of kin, or creditor of the deceased recipient, and upon the court being satisfied as to the correctness of such affidavit, make an order authorizing and directing such next of kin, or creditor, to endorse and collect the check, which shall be paid upon presentation with a certified copy of the order attached to the check and the proceeds of which shall be applied upon the funeral expenses and the debts of the decedent, duly approved by the probate division of the circuit court, and it shall not be necessary that an administrator be appointed for the estate of the decedent in order to collect the benefit check. No cost shall be charged in such proceedings. Such affidavit filed by one of the next of kin, or creditor, shall state the name of the deceased recipient, the date of [his] such recipient's death, the amount and number of such benefit check, the funeral expenses and debts owed by the decedent, and whether the decedent had any estate other than the unpaid benefit check and, in the event the decedent had an estate that requires administration, the provisions of this section shall not apply and the estate of the decedent shall be administered upon in the same manner as estates of other deceased persons.

     208.182. 1. The division of family services shall establish pilot projects in St. Louis city and in any county with a population of six hundred thousand or more, which shall provide for a system of electronic transfer of benefits to public assistance recipients specified in subsection 5 of this section. The electronic benefits transfer system shall be implemented for food stamp recipients not later than October 1, 2002. Such system shall allow recipients to obtain cash from automated teller machines or point of sale terminals. If less than the total amount of benefits is withdrawn, the recipient shall be given a receipt showing the current status of [his] the recipient's account.

     2. The disclosure of any information provided to a financial institution, business or vendor by the division of family services pursuant to this section is prohibited. Such financial institution, business or vendor may not use or sell such information and may not divulge the information without a court order. Violation of this subsection is a class A misdemeanor.

     3. Subject to appropriations and subject to receipt of waivers from the federal government to prevent the loss of any federal funds, the department of social services shall require the use of photographic identification on electronic benefit transfer cards issued to recipients in this system. Such photographic identification electronic benefit transfer card shall be in a form approved by the department of social services.

      4. The division of family services shall promulgate rules and regulations necessary to implement the provisions of this section pursuant to section 660.017, RSMo, and chapter 536, RSMo.

      5. The delivery of electronic benefits and the electronic eligibility verification, including, but not limited to, [aid to families with dependent children (AFDC)] those funded through work first program, women, infants and children (WIC), early periodic screening diagnosis and treatment (EPSDT), food stamps, supplemental security income (SSI), including medicaid, child support, and other programs, shall reside in one card that may be enabled by function from time to time in a convenient manner.

     208.325. 1. [Beginning October 1, 1994,] The department of social services shall enroll [AFDC] work first program recipients in the self-sufficiency program established by this section. The department may target [AFDC] work first program households which meet at least one of the following criteria:

     (1) Received AFDC or work first benefits in at least eighteen out of the last thirty-six months; or

     (2) Are parents under twenty-four years of age without a high school diploma or a high school equivalency certificate and have a limited work history; or

     (3) [Whose youngest child is] Who have no children under sixteen years of age.[, or older; or

     (4) Are currently eligible to receive benefits pursuant to section 208.041, an assistance program for unemployed married parents.

     2. The department shall, subject to appropriation, enroll in self-sufficiency pacts by July 1, 1996, the following AFDC households:

     (1) Not fewer than fifteen percent of AFDC households who are required to participate in the FUTURES program under sections 208.405 and 208.410, and who are currently participating in the FUTURES program;

     (2) Not fewer than five percent of AFDC households who are required to participate in the FUTURES program under sections 208.405 and 208.410, but who are currently not participating in the FUTURES program; and

     (3) By October 1, 1997, not fewer than twenty-five percent of aid to families with dependent children recipients, excluding recipients who meet the following criteria and are exempt from mandatory participation in the family self-sufficiency program:

     (a) Disabled individuals who meet the criteria for coverage under the federal Americans with Disabilities Act, P.L. 101-336, and are assessed as lacking the capacity to engage in full-time or part-time subsidized employment;

     (b) Parents who are exclusively responsible for the full-time care of disabled children; and

     (c) Other families excluded from mandatory participation in FUTURES by federal guidelines.]

     2. Self-sufficiency pacts developed and utilized by the department of social services in conjunction with the implementation of work first program shall meet the requirements of the individual responsibility plans required by the Personal Responsibility and Work Reconciliation Act of 1996, as amended.

     3. Upon enrollment in the family self-sufficiency program, a household shall receive an initial assessment of the family's educational, child care, employment, medical and other supportive needs. There shall also be assessment of the recipient's skills, education and work experience and a review of other relevant circumstances. Each assessment shall be completed in consultation with the recipient and, if appropriate, each child whose needs are being assessed.

     4. Family assessments shall be used to complete a family self-sufficiency pact in negotiation with the family. The family self-sufficiency pact shall identify a specific point in time, no longer than twenty-four months after the family enrolls in the self-sufficiency pact, when the family's primary self-sufficiency pact shall conclude. The self-sufficiency pact is subject to reassessment and may be extended for up to an additional twenty-four months, but the maximum term of any self-sufficiency pact shall not exceed a total of forty-eight months. Family self-sufficiency pacts should be completed and entered into within three months of the initial assessment.

     5. The division of family services shall complete family self-sufficiency pact assessments and/or may contract with other agencies for this purpose, subject to appropriation.

     6. Family self-sufficiency assessments shall be used to develop a family self-sufficiency pact after a meeting. The meeting participants shall include:

     (1) A representative of the division of family services, who may be a case manager or other specially designated, trained and qualified person authorized to negotiate the family self-sufficiency pact and follow-up with the family and responsible state agencies to ensure that the self-sufficiency pact is reviewed at least annually and, if necessary, revised as further assessments, experience, circumstances and resources require;

     (2) The recipient and, if appropriate, another family member, assessment personnel or an individual interested in the family's welfare.

     7. The family self-sufficiency pact shall:

     (1) Be in writing and establish mutual state and family member obligations as part of a plan containing goals, objectives and timelines tailored to the needs of the family and leading to self-sufficiency;

     (2) Identify available support services such as subsidized child care, medical services and transportation benefits during a transition period, to help ensure that the family will be less likely to return to public assistance.

     8. The family self-sufficiency pact shall include a parent and child development plan to develop the skills and knowledge of adults in their role as parents to their children and partners of their spouses. Such plan shall include school participation records. The department of social services shall, in cooperation with the department of health, the department of mental health, and the "Parents as Teachers" program in the department of elementary and secondary education, develop or make available existing programs to be presented to persons enrolled in a family self-sufficiency pact.

     [9. A family enrolled in a family self-sufficiency pact may own or possess property as described in subdivision (6) of subsection 2 of section 208.010 with a value of five thousand dollars instead of the one thousand dollars as set forth in subdivision (6) of subsection 2 of section 208.010.

     10. A family receiving AFDC may own one automobile, which shall not be subject to property value limitations provided in section 208.010.

     11. Subject to appropriations and necessary waivers, the department of social services may disregard from one-half to two-thirds of a recipient's gross earned income for job-related and other expenses necessary for a family to make the transition to self-sufficiency.

     12.] 9. A recipient may request a review by the director of the division of family services, or his designee, of the family self-sufficiency pact or any of its provisions that the recipient objects to because it is inappropriate. After receiving an informal review, a recipient who is still aggrieved may appeal the results of that review under the procedures in section 208.080.

     [13.] 10. The term of the family self-sufficiency pact may only be extended due to circumstances creating barriers to self-sufficiency and the family self-sufficiency pact may be updated and adjusted to identify and address the removal of these barriers to self-sufficiency.

     [14.] 11. Where the capacity of services does not meet the demand for the services, limited services may be substituted and the pact completion date extended until the necessary services become available for the participant. The pact shall be modified appropriately if the services are not delivered as a result of waiting lists or other delays.

     [15.] 12. The division of family services shall establish a training program for self-sufficiency pact case managers which shall include but not be limited to:

     (1) Knowledge of public and private programs available to assist recipients to achieve self-sufficiency;

     (2) Skills in facilitating recipient access to public and private programs; and

     (3) Skills in motivating and in observing, listening and communicating.

     [16.] 13. The division of family services shall ensure that families enrolled in the family self-sufficiency program make full use of the federal earned income tax credit.

     [17. Failure to comply with any of the provisions of a self-sufficiency pact developed pursuant to this section shall result in a recalculation of the AFDC cash grant for the household without considering the needs of the caretaker recipient.

     18. If a suspension of caretaker benefits is imposed, the recipient shall have the right to a review by the director of the division of family services or his designee.

     19. After completing the family self-sufficiency program, should a recipient who has previously received thirty-six months of aid to families with dependent children benefits again become eligible for aid to families with dependent children benefits, the cash grant amount shall be calculated without considering the needs of caretaker recipients. The limitations of this subsection shall not apply to any applicant who starts a self-sufficiency pact on or before July 1, 1997, or to any applicant who has become disabled or is receiving or has received unemployment benefits since completion of a self-sufficiency program.

     20.] 14. There shall be conducted a comprehensive evaluation of the family self-sufficiency program contained in the provisions of this act [and the job opportunities and basic skills training program ("JOBS" or "FUTURES") as authorized by the provisions of sections 208.400 to 208.425]. The evaluation shall be conducted by a competitively chosen independent and impartial contractor selected by the commissioner of the office of administration. The evaluation shall be based on specific, measurable data relating to those who participate successfully and unsuccessfully in these programs and a control group, factors which contributed to such success or failures, the structure of such programs and other areas. The evaluation shall include recommendations on whether such programs should be continued and suggested improvements in such programs. The first such evaluation shall be completed and reported to the governor and the general assembly by September 1, 1997. Future evaluations shall be completed every three years thereafter. In addition, in 1997, and every three years thereafter, the oversight division of the committee on legislative research shall complete an evaluation on general relief, child care and development block grants and social services block grants.

     [21.] 15. The director of the department of social services may promulgate rules and regulations, pursuant to section 660.017, RSMo, and chapter 536, RSMo, governing the use of family self-sufficiency pacts in this program and in other programs, including programs for noncustodial parents of children receiving assistance.

     [22.] 16. The director of the department of social services shall apply to the United States Secretary of Health and Human Services for all waivers of requirements [under] pursuant to federal law necessary to implement the provisions of this section with full federal participation. The provisions of this section shall be implemented, subject to appropriation, as waivers necessary to ensure continued federal participation are received.

     208.337. 1. The division may deposit funds into an account on behalf of children whose custodial parent is a participant in the [program authorized pursuant to the provisions of sections 208.400 to 208.425,] work first program and whose noncustodial parent is participating in a state job training and adult educational program approved by the division of family services. If agreed upon by the parties, funds may also be deposited for this purpose when the noncustodial parent terminates participation in the job training or educational program, until the custodial parent completes participation in [the program authorized pursuant to the provisions of sections 208.400 to 208.425] work first program work activities. The amount deposited for each child shall not exceed the portion of current child support paid by the noncustodial parent, to which the state of Missouri is entitled according to applicable state and federal laws. Money so received shall be governed by this section notwithstanding other state laws and regulations to the contrary.

     2. Any money deposited by the division on behalf of a child, as provided in subsection 3 of this section, shall be accounted for in the name of the child. Any money in the account of a child may be expended only for care or services for the child as agreed upon by both parents. The division shall, by rule adopted pursuant to section 454.400, RSMo, and chapter 536, RSMo, establish procedures for the establishment of the accounts, use, expenditure, and accounting of the money, and the protection of the money against theft, loss or misappropriation.

     3. The division shall deposit money appropriated for the purposes of this section with the state treasurer. Any earnings attributable to the money in the account of a child shall be credited to that child's account.

     4. Each child for whose benefit funds have been received by the division, and the parents of such child, shall be furnished annually by the division of budget and finance of the department of social services with a statement listing all transactions involving the funds which have been deposited on the child's behalf, to include each receipt and disbursement, if any.

     5. (1) The director of the department of social services shall apply for all waivers of requirements under federal law to implement the provisions of this section.

     (2) This program shall not be implemented until the waiver has been obtained from the Secretary of the Department of Health and Human Services by the director of the department of social services.

     208.339. The office of administration, division of personnel, shall explore telecommuting employment options for [aid to families with dependent children] recipients of benefits through the work first program.

     208.342. The director of the department of social services shall, in conjunction with the state treasurer's office, coordinate an earned income tax credit program for qualifying [AFDC] work first program recipients.

     208.345. The division of family services, with the cooperation of the division of vocational rehabilitation, shall establish a protocol where persons who qualify for public assistance, including [aid to families with dependent children,] general relief and medical assistance, because of a disability may be directed to an appropriate federal agency to apply for other benefits. The division of family services shall also establish a procedure to identify applicants and recipients who may be entitled to supplement or supplant state benefits with other benefits through the Social Security Disability, Railroad Retirement, Supplemental Security Income, Veterans, Qualified Medicare Beneficiary and Specified Low Income Medicare Beneficiary and other programs.

     208.350. 1. By July 1, 1997, the department of social services shall establish and implement the "Families Work Program" in accordance with "The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), Title IV, Section 401 et seq., as amended. All funds received by the state for this program shall be subject to appropriation by the state legislature consistent with the terms and conditions of Part A of Title IV of the Social Security Act and the Child Care Development Block Grant Act of 1990, as amended, and any applicable state laws.

     2. The department shall inform all applicants and recipients of assistance of any funds through the families work program that such assistance is considered to be a transitional assistance benefit and shall be used for the purpose of obtaining self-sufficiency.

     3. Unless otherwise indicated in this legislation, the department shall act consistently with the provisions certified in the plan submitted to the United States Department of Health and Human Services on September 30, 1996, for funds from the Temporary Assistance for Needy Families Block grant. As indicated in that plan, the state of Missouri shall:

     (1) Operate a child support enforcement program;

     (2) Operate a foster care and adoption assistance program; and

     (3) Establish and enforce standards and procedures to ensure against program fraud, including prevention of nepotism, conflicts of interest and kickbacks.

     4. The state of Missouri shall also continue to operate the following waivers granted under section 1115 of the Social Security Act:

     (1) The Missouri families mutual responsibility plan that began on July 1, 1995, and is scheduled to operate through June 30, 2000, statewide; and

     (2) The 21st century communities demonstration plan that began on January 31, 1993, and is scheduled to operate through January 31, 2005.

     5. The goals of the families work program are to:

     (1) Move families from welfare to work and increase their opportunities to achieve self-sufficiency;

     (2) Insure accountability on the part of persons who receive government assistance and the state agencies' administering programs that serve Missouri's low-income families;

     (3) Create a program that is tailored to meet the individual needs of the adult diverse population as a transition to work;

     (4) Provide assistance to Missouri's needy children and families while maintaining assistance on a fair and consistent basis through the state;

     (5) Encourage and facilitate meaningful contact and relationships between children and non-custodial parents whenever it is in the best interest of the children;

     (6) Build on Missouri's already successful welfare reform efforts;

     (7) Maximize Missouri's receipt of federal funds;

     (8) Simplify program rules by coordinating Missouri's programs that serve low-income families; and

     (9) Insure health care coverage to the maximum extent possible for needy children and families.

     6. The department of social services is authorized to promulgate rules and regulations necessary to implement the program referenced in subsection 1 of this section. No rule or portion of a rule promulgated pursuant to the authority of this section shall become effective unless it has been promulgated pursuant to section 536.024, RSMo.

     7. The unexpended balance of funds received from the federal TANF Block Grant, and the interest earned on such funds at the end of any biennium year shall be exempt from the provisions of section 33.080, RSMo, relating to the transfer of unexpended balances to the general revenue fund.

     208.352. 1. The department of social services through the families work program shall establish the "Work First Program" to replace the Aid to Families with Dependent Children (AFDC), the Job Opportunities and Basic Skills (JOBS) and the Title IV-A Emergency Assistance Program. The work first program will stress self-sufficiency through employment and shall require that adults be responsible for fulfilling their individual self-sufficiency plans, while requiring the state to support targeted populations trying to secure and retain employment.

     2. The work first program shall move able-bodied adults into work activities has an alternative to receiving public assistance. The department of social services shall establish the eligibility requirements for the work first program.

     3. Any individual wishing to make application for any of the public assistance programs administered or supervised by the state shall have the opportunity to do so. Such public assistance shall be furnished with reasonable promptness to each eligible individual in accordance with statute and rules of the department. The department or a division of the department shall consider an application for public assistance to be for any category of public assistance for which the applicant or the applicant's dependents may be eligible.

     4. For the purpose of determining eligibility to receive, or the amount of, any assistance or benefits through the Missouri work first program, the department of social services shall disregard funds made to or maintained in, including interest accruing on an individual development account.

     5. The department of social services shall determine eligibility requirements of the work first program. Such eligibility requirements shall include income and asset limits and shall also include, but not be limited to:

     (1) Requiring an applicant to participate in the work first program work activities as defined in section 208.356, with exclusions approved by the department;

     (2) Requiring an applicant to be a resident of the state of Missouri;

     (3) Requiring an applicant to provide his or her Social Security number or numbers, if the individual has more than one such number, and by requiring the applicant for or recipient of benefits to cooperate with the department to obtain a social security number;

     (4) Establishing that assistance benefits shall only be paid to families that include at least one minor child who resides with his or her father, mother, grandfather, grandmother, brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle, aunt, first cousin, nephew, niece, legal guardian or other adult caretaker relative of the minor child;

     (5) Requiring an applicant for benefits to state in writing, during the application process, whether that individual or any member of his or her household has been convicted under federal or state law of a felony offense which has as an element of the offense the possession, use or distribution of a controlled substance as defined in Section 102(6) of the Controlled Substances Act, 21 USC 802(6). This subdivision shall only apply to convictions occurring after August 22, 1996, the date of the enactment of The Personal Responsibility and Work Opportunity Reconciliation Act of 1996;

     (6) Compliance with all requirements regarding the assignment of rights to support by any recipient of or applicant for benefits; and

     (7) Participation by any recipient of or applicant for benefits in procedures to establish paternity and to identify the father of a child for whom assistance is sought, unless such individual has good cause for refusing to cooperate as determined by the department of social services in accordance with federally prescribed standards in effect as of July 16, 1996.

     6. The department shall deny benefits through the work first program to or on behalf of:

     (1) Any member of a family that includes an adult who has received benefits for sixty months or more, whether or not consecutive, through this program or any other state program that has been created and funded through the provisions of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 after the date such state program has commenced unless:

     (a) In any month during which benefits were provided to that individual he or she:

     a. Was a minor child; and

     b. Was not the head of household or married to the head of household;

     (b) Benefits were provided to the individual during a month in which he or she lived on an Indian reservation or in an Alaskan Native village as defined in the Personal Responsibility and Work Opportunity Reconciliation Act of 1996; or

     (c) The department elects to extend the period of eligibility for benefits for the individual and his or her family members through a program which is not funded by TANF Block Grant dollars;

     (2) An individual who has been convicted in federal or state court of having made a fraudulent statement or representation with respect to his or her place of residence in order to receive benefits simultaneously from two or more states under programs that have been created and funded through the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Title XIX, the Food Stamp Act of 1977, the Supplemental Security Income Program under Title XVI, or any program under Title IV-D of the Social Security Act. The period of ineligibility shall begin on the date the individual was convicted of the offense and shall continue for ten years;

     (3) An individual who:

     (a) Is fleeing to avoid prosecution for custody or confinement after he or she has been convicted under any federal or state law of a crime which is a felony or, in the state of New Jersey, is a high misdemeanor; or

     (b) Is violating a condition of probation or parole imposed under any federal or state law;

     (4) An individual or on behalf of a minor child who has been or is expected by a parent or other caretaker relative to be absent from the home for such period of time as is designated by the department in Missouri's state plan filed pursuant to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996;

     (5) The parent or other relative caretaker of a minor child who fails to notify the department of the absence of a minor child from the home by the end of the fifth day after it becomes apparent to the parent or relative caretaker that the child will be absent from the home for the period of time established by the department of social services and referred to in subdivision (4) of this section;

     (6) An individual who is a recipient of assistance through other specific state programs designated to provide supplemental aid;

     (7) Any other individual who is precluded from receiving benefits in accordance with the provisions of The Personal Responsibility and Work Opportunity Act of 1996.

     7. Subject to necessary federal waivers and appropriation authority, the department may implement programs and policies designed to reduce a family's dependence on welfare. The department may implement such programs statewide or as pilot projects in specific geographical locations. Such programs as developed shall be implemented through regulations promulgated pursuant to section 660.017, RSMo, and chapter 536, RSMo. These may include programs designed to supplement the wages of recipients of benefits for twelve months or as provided by federal waivers by directing benefits provided through the work first program to employers who hire such individuals, pursuant to section 208.368, and to the establishment of individual family development accounts.

     8. Nothing in this section shall preempt or supersede any provision of state law that provides greater protection for employees from job displacement.

     9. The department may adopt such additional requirements for eligibility for benefits through the Missouri families work and work first programs as are deemed appropriate and are not inconsistent with the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended, any federally approved waivers and this chapter.

     208.354. 1. The department is not prohibited by federal law from testing applicants or recipients of public assistance for the use of controlled substances or from sanctioning those who test positive for the use of such substances. Recipients of work first program benefits and food stamp recipients, who are required to participate in a work activity in order to retain their eligibility for such programs and who are denied employment due to failing an employer-required controlled substance screening, shall have thirty days to become employed with the screening employer or obtain other employment.

     2. Denial of employment after failing a controlled substance screening and failure to become employed within thirty days of the screening shall result in a sanction of the work first program benefits and food stamp benefits for the household for not more than sixty days unless the department finds and pays for drug rehabilitation.

     3. All records obtained in an employer-required controlled substance screening, shall remain confidential between the applicant, the employer and the department.

     4. An individual who has been convicted under federal or state law after August 23, 1996, of any felony offense which has as an element of the offense the possession, use, or distribution of a controlled substance as defined in Section 102(6) of the Controlled Substances Act, 21 USC 802(6), shall be ineligible for a time period from receipt of benefits through any state program funded or carried out under Part A of Title IV of the Social Security Act or the Food Stamp Act of 1977. The department shall promulgate such regulations as are necessary to implement this statute, including setting forth time frames for ineligibility and establishing such exemptions as are deemed to be appropriate.

     208.356. 1. Work activities for the work first program shall be those activities which are set forth in the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 or those activities which are permitted under a federally approved waiver granted to the department of social services. The department shall promulgate such regulations as are necessary to implement and enforce work activities requirements, including exemptions that are not inconsistent with the requirements of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 or a federally approved waiver.

     2. An individual who is a single parent head of household of one or more children of any age who is himself or herself not yet twenty years of age is deemed to be engaged in work for a month if the individual:

     (1) Maintains satisfactory attendance, during the month, in a secondary school or a course of study leading to a certificate of general equivalence; or

     (2) Participates in education directly related to employment.

     3. The department shall establish a system of sanctions that shall be imposed regarding an individual's continued entitlement to benefits through the work first program in circumstances in which the individual fails or refuses to cooperate in participating in work activities as set forth in this section. Such system of sanctions shall set forth the types of benefits for which a sanctioned individual will be disqualified and the period of time that such sanctioned individual will remain disqualified from receiving such benefits. Imposition of such sanctions shall be subject to good cause and such other exceptions as are established by the department. The department shall promulgate such regulations as are necessary to implement this statute. However, sanctions may not be imposed for benefits provided through the Medicaid for pregnant women program or the Medicaid for children program as set forth in section 208.151. Notwithstanding the provisions of section 208.180, the department may establish that an individual who has been sanctioned for any period of time for failure to cooperate with work activities requirements shall be entitled to receive benefits through the work first program only after he or she is in compliance on a monthly basis with work activities requirements.

     208.358. 1. Work first program benefits shall be granted on behalf of a needy child and may be granted to a needy eligible legal guardian caring for a needy dependent child if the child:

     (1) Has been deprived of parental support or care by reason of the death, continued absence from the home, or physical or mental incapacity of a parent;

     (2) Is living with a legal guardian;

     (3) Is under the age of eighteen; and

     (4) Is not eligible for work first program benefits under section 208.356 because the child is not living with a specified relative.

     2. The amount of the monthly public assistance benefit payable hereunder shall be determined by the standards set forth in section 208.150.

     208.360. Work first benefits may be granted to a dependent child:

     (1) Who would meet the requirements of aid to families with dependent children in effect as of June 1, 1995, except for his removal from the home of a relative as a result of a judicial determination to the effect that continuation therein would be contrary to the welfare of such child;

     (2) For whose placement and care the division of family services is responsible;

     (3) Who has been placed in a foster family home or nonprofit private child-care institution as a result of such determination; and

     (4) Who:

     (a) In and for the month in which court proceedings leading to such determination were initiated would have qualified for aid to families with dependent children under the requirements in effect on June 1, 1995, if application had been made therefor; or

     (b) In the case of a child who had been living with a specified relative within six months prior to the month in which such proceedings were initiated, would have qualified for such aid in and for such month, if in such month he had been living with, and removed from the home of, such a relative and application had been made therefor.

     208.362. 1. A dependent child eighteen years of age shall, in order to retain eligibility for benefits through the work first program, be enrolled as a full-time student in a public or private secondary school, or an equivalent level of vocational or technical school in lieu of secondary school, and be attending such program as required by rules and regulations of the department of social services.

     2. An adult who has received benefits through the work first program who is a parent or caretaker of a minor dependent child shall, in order to retain eligibility for such benefits, ensure that any such minor dependent child attends school as required by rules and regulations developed by the department of social services.

     3. Any sanction imposed by the department for a recipient's failure to comply with requirements of subsection 1 or 2 of this section shall continue until the minor child is attending school as required by rules and regulations of the department of social services.

     4. The department of social services shall promulgate rules and regulations to carry out the provisions of this section pursuant to section 660.017, RSMo, and chapter 536, RSMo.

     208.364. Work first program benefits shall not be granted or continued:

     (1) To any person who refuses to accept vocational rehabilitation services or training or medical or other legal healing treatment necessary to improve or restore his capacity to support himself and his dependents, and it is certified by competent medical authority designated by the division of family services that such physical or mental incapacity can be removed, corrected or substantially improved; provided, however, the division of family services may in its discretion waive this requirement, taking into consideration the age of the individual, nature and extent of training and treatment, or whether he endangers the health of others in his refusal, whether the training or treatment is such that a reasonably prudent person would accept it, and all other facts and circumstances in the individual case;

     (2) To a household that receives in any month an amount of income which together with all other income for that month, not excluded or disregarded by the division, exceeds the standard of need established by the department of social services in conformance with the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.

     208.366. The maximum amount of monthly public assistance money payment benefits payable to or on behalf of a needy person shall not exceed the following:

     (1) Benefits payable to individuals under the work first program in accordance with requirements established by the department or benefits people qualified for pursuant to aid to families with dependent children under the requirements in effect on June 1, 1995;

     (2) Aid or public relief to an unemployable person not to exceed one hundred dollars.

     208.368. 1. Except as otherwise provided in this section, an adult receiving benefits through the work first program may fill a vacant employment position in order to engage in work activities. An adult receiving benefits through the work first program, who fills a vacant employment position in order to engage in work activities must be guaranteed a wage equivalent to that of the minimum wage.

     2. A supplemental wage assistance employment position made available pursuant to this section may not be created as the result of, or may not result in, any of the following:

     (1) Displacement or partial displacement of current employees, including but not limited to, overtime currently being worked by employees, a reduction in non-overtime work hours, wages or employment;

     (2) The filling of positions which would otherwise be promotional opportunities for current employees;

     (3) A strike, lock out or other bona fide labor dispute or violation of any existing collective bargaining agreements between employees and employers; or

     (4) The filling of a position created by termination, layoff or reduction in workforce.

     3. An individual who believes that he or she has been adversely affected by a violation of this subsection or the organization that is duly authorized to represent the employee, shall be afforded an opportunity to grieve it. The employee or his/her organization must first attempt to remedy the alleged violation through a meeting with the employer within thirty days of the request for the meeting. If the complaint is not resolved to the satisfaction of the employee, he/she may appeal to the Missouri State Department of Labor and Industrial Relations. The hearing must be conducted in accordance with rules and notification requirements adopted by Missouri department of labor and a decision must be rendered within forty-five days of the hearing. If there is an existing grievance procedure in a collective bargaining agreement, it must be followed. Remedies shall include reinstatement, retroactive pay and benefits.

     4. Nothing in this section shall preempt or supersede any provision of state law that provides greater protection for employees from job displacement.

     208.370. 1. The department shall establish "individual development accounts" whereby individuals receiving work first benefits may accumulate assets for specific purposes as defined in The Personal Responsibility and Work Opportunity Reconciliation Act of 1996. Any assets accumulated in an individual development account shall not be counted in determining eligibility or benefits for the purpose of work first program or any other cash assistance program operated pursuant to this section. The department shall promulgate rules pursuant to chapter 536, RSMo, concerning the implementation of this section.

     2. These accounts shall be used for the purpose of enabling individuals to accumulate funds for the following purposes:

     (1) Post-secondary educational expenses;

     (2) First home purchase; or

     (3) Business capitalization.

     208.372. 1. The department shall require, as a condition of eligibility for benefits through the work first program, that each applicant for or recipient of benefits shall assign to the department any rights to support from any other person that such applicant or recipient may have on his or her own behalf or on behalf of any other family member for whom the applicant or recipient is applying for or is receiving benefits. Such assignment of rights to support shall take effect upon a determination by the department that the applicant is eligible for assistance through the work first program. The assignment shall be effective for current and accrued support obligations and shall authorize the division of child support enforcement of the department of social services to bring an administrative or judicial action to establish or enforce a current support obligation, to collect support arrearage that have accrued under an existing order for support, or to seek reimbursement of a support obligation pursuant to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended.

     2. The department shall not require as a condition of eligibility for benefits through the work first program that any member of a family must assign to the department any rights to support which accrue after the date the family leaves the program.

     3. The department of social services shall implement the provisions necessary to collect current and accrued support obligations unless the department determines that such implementation is contrary to the best interest of a child on whose behalf benefits are claimed or of the caretaker of such a child. Such provisions shall include establishing the paternity of a child for whom support is claimed or obtaining any other payments or property that are due to such applicant or child. The divisions of family services and child support enforcement shall impose such penalties as are consistent with the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 and are otherwise provided for by state law and through rules and regulations promulgated by the department of social services.

     4. If the division of child support enforcement determines that an individual who is receiving benefits through the work first program fails or refuses to cooperate in establishing paternity or in establishing, modifying, or enforcing a support order with respect to a child and for whom benefits are sought or received and if the individual does not demonstrate to the satisfaction of the department good cause for such failure or refusal to cooperate or enforce a support order, the department shall impose sanctions. The department shall promulgate such regulations as are necessary to implement this statute, including setting forth time frames for ineligibility and establishing such exemptions are deemed appropriate. The department shall promulgate rules pursuant to chapter 536, RSMo, concerning the implementation of this section.

     5. Child care support is defined as the legal obligation of an individual to provide an amount required to be paid under a judgment decree or order, whether temporary or final, issued by a court of competent jurisdiction or an administrative agency specifically for the child care expenses of a child. Any rights to receive child care support under a state program funded under Part A of the Social Security Act or under the state plan approved under Part A of the Social Security Act are assigned to the state as a pre-condition of receiving child care assistance. Assignment of child care support does not constitute an assignment of the child support amount awarded for the basic child needs of food, clothing and shelter but only for the assignment of the specific award for child care costs.

     208.374. 1. Except as otherwise provided in this section, benefits through work first program shall not be provided to an unmarried individual who has not attained the age of eighteen years if the individual:

     (1) Has a minor child at least twelve weeks of age in his or her care and the individual has not successfully completed a high school education or a course of study resulting in a certificate of general equivalence unless the individual participates in:

     (a) Educational activities directed toward the attainment of a high school diploma or a certificate of general equivalence; or

     (b) An alternative educational or training program that has been approved by the department; or

     (2) Is a single custodial parent of a child not residing in a home in which his or her parent(s), guardian(s), or adult relative(s) is also residing. Exceptions to this requirement shall be allowed in circumstances in which:

     (a) The single custodial parent does not have a parent, legal guardian or other appropriate adult relative who is living or whose whereabouts are known;

     (b) The single custodial parent does not have a parent, legal guardian, or other appropriate adult relative, who would otherwise meet applicable criteria to act as their legal guardian, who allows the single custodial parent to live in their home;

     (c) The department determines that the single custodial parent or the minor child is being or has been subjected to serious physical or emotional harm, sexual abuse, or exploitation in the residence of the single custodial parent's own parent or legal guardian;

     (d) The department determines that substantial evidence exists of an act or failure to act that presents an imminent or serious harm to the single custodial parent or the minor child if the single custodial parent and the minor child lived in the same residence with the individual's parent or legal guardian; or

     (e) The department otherwise determines that it is in the best interest of the minor child to waive these requirements with respect to the single custodial parent or the minor child.

     2. In circumstances in which the department determines that an individual does not have an appropriate living arrangement in accordance with subsection 1 of this section, the division shall assist the individual in obtaining a second chance home, maternity home, or other appropriate adult-supervised supportive living arrangement. Thereafter, the division shall require the individual and any child who is in the care of the individual to reside in such home or other living arrangement as a condition of the individual's continued eligibility for benefits through the work first program.

     208.376. 1. The department of social services through the families work program shall establish the "Child Assurance Program". The child assurance program shall provide benefits which shall assure reasonable standards of living to children who meet specific eligibility requirements. Such benefits will insure that Missouri's children live at or above the national poverty level.

     2. The department will aggressively collect child support and intensify its efforts consistently with the new child support requirements of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended.

     3. When the state is unable to collect child support for needy families, the state shall provide child assurance benefits compatible with minimum standards of living to needy children and families. While the state shall provide child assurance benefits in all appropriate circumstances, it will also intensify its efforts to ensure that needy families obtain self-sufficiency.

     4. To participate in the child assurance program an individual must be working through the work first program and have an order of support for the child or children.

     208.378. In order to insure that such children will receive the cash value of at least one hundred percent of the federal poverty level one aspect of the Missouri child assurance program shall be formulated in the following model:

     (a) A determination of the monetary figure necessary to meet the one hundred percent of the federal poverty level for a child in the age category of one through five and a determination of the monetary figure necessary to meet the one hundred percent of the federal poverty level cash for a child in the age category of six through eighteen;

     (b) The department shall then ascertain if the non-custodial parent of any child is paying child support payments and shall determine if these payments are being paid in a timely fashion. The child support payment income shall be subtracted from the monetary value necessary to meet one hundred percent of federal poverty level;

     (c) After subtracting child support payments and the custodial parent's earned income, the department shall provide the monetary difference necessary for a child to live at one hundred percent of the national poverty level.

     208.380. 1. Missouri shall maintain its effort of spending in order to maximize the state's receipt of federal funds under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended, and to successfully implement programs that serve Missouri's low-income families and help them achieve self-sufficiency. The state of Missouri shall:

     (1) Spend no less than one hundred percent of its fiscal year 1994 non-federal expenditures on "qualified state expenditures" as defined in section 409(a)(7)(B) of the Personal Responsibility and Work Opportunity Act of 1996, as amended; and

     (2) Maintain at least one hundred percent of the greater of its fiscal year 1994 or fiscal year 1995 non-federal expenditure on child care programs, as required by section 603(b) of the Personal Responsibility and Work Opportunity Reconciliation Act, in order to draw down the maximum amount of federal child care funds available to Missouri under the Personal Responsibility and Work Opportunity Reconciliation Act.

     2. The qualified state expenditures that will count toward the maintenance of effort requirement for the TANF block grant are:

     (1) State spending in the program created by the block grant on eligible families for:

     (a) Cash assistance;

     (b) Child care;

     (c) Educational activities, designed to increase self-sufficiency, job training and work, excluding any expenditure for public education except expenditures which involve the provision of services or assistance to a member of an eligible family which is not generally available to persons who are not members of an eligible family;

     (d) Administrative costs, not to exceed fifteen percent of the total amount of the block grant; and

     (e) Any other use of funds allowed under the grant;

     (2) State expenditures in excess of the amount spent in fiscal year 1995 for other state or local programs on eligible families for the activities listed in subdivision (1) of this section;

     (3) State spending on families who would otherwise be eligible for assistance if not for the application of the five year lifetime limit on federal benefits; and

     (4) State expenditures that would have received federal match funds under former programs.

     3. The unexpended balance existing in the fund and the interest earned on the fund at the end of any biennium year shall be exempt from the provisions of section 33.080, RSMo, relating to the transfer of unexpended balances to the general revenue fund.

     4. The Missouri maintenance of effort for Missouri child support assurance program fund may also be used to provide assistance to those persons who satisfy all the eligibility requirements except lack the capacity to participate in or perform the work requirements.

     208.382. 1. The director of the department of social services in collaboration with the director of the department of economic development shall prepare a state plan which shall provide for the following:

     (1) Securement of coordinated public assistance, educational, training and economic development services in defined geographical areas;

     (2) Development of strategies for contracting at the community level with public agencies, community action agencies, community services organizations and private not for profit organizations for the delivery of services to eliminate barriers to employment and to promote self sufficiency.

     2. The directors shall develop procedures to evaluate the results of such coordinated regional activities by reviewing indicators, including but not limited to, the following:

     (1) The increased or decreased use of community health facilities;

     (2) The increase or decrease of per person per capita income;

     (3) The increase or decrease of new employment opportunities;

     (4) The increase or decrease in the high school dropout rate; and

     (5) The increase or decrease in the teenage pregnancy rate.

     473.399. 1. As used in this section, the following terms mean:

     (1) "Assistance", funds expended by a state agency to or on behalf of a person in the form of aid, care, or services, except that for the purposes of this section, [aid to families with dependent children] work first program benefits shall not be considered assistance;

     (2) "Obligor estate", the estate against which an obligation [under] pursuant to this section arises;

     (3) "Recipient", a person to whom or on whose behalf assistance is provided;

     (4) "State agency", the department of social services, department of health and department of mental health of the state of Missouri.

     2. For the purposes of this section, the providing of assistance shall create an obligation which may be recovered by filing a claim in the probate division of the circuit court against the decedent estate of the spouse of the deceased recipient upon such spouse's death as provided by the probate code of Missouri, chapters 472, 473, 474 and 475, RSMo. The amount of the state debt shall be the full amount of assistance without interest provided to the recipient during the marriage of such recipient and spouse; provided that the liability of the obligor estate shall not exceed the value of the combined resources of the recipient and the spouse of the recipient on the date of death of the recipient.

     3. The state agency providing the assistance may initiate a claim on the debt against the obligor estate.

     4. The obligor estate may assert as a defense to the state agency's claim that more than two years prior to the providing of assistance, the recipient voluntarily abandoned the spouse.

     5. An obligor estate shall have the right of setoff against the state debt for any amounts recovered by the state agency from the estate of the deceased recipient pursuant to section 473.398.

     6. Claims shall not be filed [under] pursuant to this section when collection of the state debt would be contrary to federal statutes for assistance programs in which federal funds are received.

     660.016. If the state's net federal reimbursement allowance for fiscal year 1994 and subsequent fiscal years exceeds one hundred thirty million dollars, the department of social services shall include in its 1995 fiscal year budget recommendation that any revenues in excess of one hundred thirty million dollars subject to appropriation be designated for the following purposes:

     (1) Loans for physicians and nurses who will serve in medically underserved areas of Missouri as designated by the director of health;

     (2) Primary and preventive care initiatives, including parenting classes, as determined by the directors of health and social services; and

     (3) Transitional medicaid expenses of [AFDC] work first program recipients who accept employment which does not provide a medical benefit. As used in this section, "net federal reimbursement allowance" shall mean that amount of the federal reimbursement allowance in excess of the amount of state matching funds necessary for the state to make payments required by subsection 1 of section 208.450, RSMo, or, if the payments exceed the amount so required, the actual payments made for the purposes specified in subsection 1 of section 208.450, RSMo. This section shall cease to be in effect if the revenues generated by sections 208.450 to 208.480, RSMo, become ineligible for federal financial participation, if payments cease to be made pursuant to section 208.471, RSMo, or if such sections expire in accordance with section 208.480, RSMo.

          [96.230. In all cities of the third class in this state there is hereby created and established, at the option of the mayor and common council of any such city, a board which shall be styled "The Social Welfare Board of the City of ...". All powers and duties connected with and incident to the relief and prevention of dependency, relief and care of the indigent, and the care of sick dependents, with the exception of the insane and those suffering with contagious, infectious and transmissible diseases, and excepting those persons who may be admitted to the county poorhouses of the counties in which such cities are located, shall be exclusively invested in and exercised by the board. The board shall have power to receive and expend donations for social welfare purposes, and shall have exclusive control of the distribution and expenditure of any public funds set aside and appropriated by such cities for relief of the temporary dependent. The board shall have power to sue and be sued, complain and defend in all courts, to assume the care of or take by gift, grant, devise, bequest or otherwise, any money, real estate, personal property, right of property or other valuable things, and may use, enjoy, control, sell or convey the same for charitable purposes, to have and to use a common seal and alter the same at pleasure. The board may make bylaws for its own guidance, rules and regulations for the government of its agents, servants and employees, and for the distribution of the funds under its control.]

          [96.240. Said board shall have power to make all suitable provisions for the relief, maintenance and support of all indigent persons within said cities, and to make suitable provisions for the care and maintenance of the sick dependents and those who are unable to support themselves; to enforce the laws of the state, the ordinances of said cities, in regard to the indigent, and to make such rules and regulations in the conduct of its business not inconsistent with the laws of the state of Missouri, and the ordinances of said cities; to recommend to the common council of said cities the passage of such ordinances as said board may deem necessary for the welfare of the indigent of said cities. The board shall have the power to employ and discharge all persons or officers in their judgment necessary to carry on the work over which said board is given jurisdiction or control. Said board shall further have power to enter into cooperative arrangement with state or county agencies, or with charitable and philanthropic associations in order better to promote the objects of its work. Said board may act as agent for the county superintendent of public welfare within the limits of the city, under such arrangements as may be made jointly by them.]

          [96.250. Said board shall be nonpartisan and nonsectarian and the members and officers thereof shall receive no compensation as such. Said board shall consist of the mayor of such cities, who shall be ex officio a member thereof, and six other members, men or women, who shall be appointed by the mayor and the common council of such cities, who shall hold office, two for one year, two for two years, and two for three years, whose term of office shall be designated by the mayor. Whenever the term of office of any member so appointed expires, the appointment of his successor shall be for three years. All such appointments shall date from the first of June following their appointment. Vacancies from any causes shall be filled in like manner as original appointment. The mayor may, for misconduct or neglect of duty, remove any members appointed by him in the manner required for removal of officers of such cities.]

          [96.260. Said members shall, immediately after their appointment, and annually thereafter, meet and organize by electing out of their number a president, vice president, treasurer and secretary. All subordinate officers and employees appointed shall give such bonds for the faithful discharge of their duties as may be required by the board.]

          [96.270. All moneys received or appropriated for the use of said board shall be deposited with the treasurer, who shall give good and sufficient bond to said board for the safekeeping and proper expenditure of all funds placed in his hands, by or for the use of said board.]

          [96.280. It shall be the duty of said board to keep a record of its proceedings and its receipts, expenditures and operations, and to annually render a full and complete itemized report, stating the condition of their trust, together with such other matters as they may deem of general interest to the mayor and common council of said cities; provided said board shall render reports concerning receipts, expenditures, operations, etc., whenever called for by the common council of said cities.]

          [96.290. It shall be the duty of said board, when any person by himself or another applies for relief, to make immediate inquiry into the state and circumstances of the applicant, and if it shall appear that he or she is in such indigent circumstances as to require temporary relief, the said board shall furnish, out of the funds in its hands, such relief as the circumstances of the case may require; provided, that in all cases where the applicant for aid may be found dependent, and said applicant or member of said applicant's family is an able-bodied person, said board shall require such person to perform work to the value of the aid given.]

          [205.590. Aged, infirm, lame, blind or sick persons, who are unable to support themselves, and when there are no other persons required by law and able to maintain them, shall be deemed poor persons.]

          [205.600. No person shall be deemed an inhabitant within the meaning of sections 205.580 to 205.760, who has not resided in the county for the space of twelve months next preceding the time of any order being made respecting such poor person, or who shall have removed from another county for the purpose of imposing the burden of keeping such poor person on the county where he or she last resided for the time aforesaid.]

          [205.610. The county commission of each county, on the knowledge of the judges of such tribunal, or any of them, or on the information of any associate circuit judge of the county in which any person entitled to the benefit of the provisions of sections 205.580 to 205.760 resides, shall from time to time, and as often and for as long a time as may be necessary, provide, at the expense of the county, for the relief, maintenance and support of such persons.]

          [205.620. The county commission shall at all times use its discretion and grant relief to all persons, without regard to residence, who may require its assistance.]

          [205.640. The several county commissions shall have power, whenever they may think it expedient, to purchase or lease, or may purchase and lease, any quantity of land in their respective counties, not exceeding three hundred and twenty acres, and receive a conveyance to their county for the same.]

          [205.650. Such county commission may cause to be erected on the land so purchased or leased a convenient poorhouse or houses, and cause other necessary labor to be done, and repairs and improvements made, and may appropriate from the revenues of their respective counties such sums as will be sufficient to pay the purchase money in one or more payments to improve the same, and to defray the necessary expenses.]

          [205.660. The county commission shall have power to make all necessary and proper orders and rules for the support and government of the poor kept at such poorhouse, and for supplying them with the necessary raw materials to be converted by their labor into articles of use, and for the disposing of the products of such labor and applying the proceeds thereof to the support of the institution.]

          [205.670. The several county commissions shall set apart from the revenues of the counties such sums for the annual support of the poor as shall seem reasonable, which sums the county treasurers shall keep separate from other funds, and pay the same out on the warrants of their county commissions.]

          [205.680. Any county which now has or may hereafter have within such county a city having a special charter and which city now has or may hereafter have a population of not less than ten thousand inhabitants and not more than thirty thousand inhabitants shall, out of the funds of such county, provide for the care of the poor in said county, including poor of such city or cities, and no such city shall hereafter be exempt from any tax for the support of the poor of such county. No money shall hereafter be refunded to any such city by any such county on account of any money expended by said county for the support of the poor of said county.]

          [205.690. Whenever such poorhouse or houses are erected, the county commission shall have power to appoint a fit and discreet person to superintend the same and the poor who may be kept thereat, and to allow such superintendent a reasonable compensation for his services.]

          [205.700. Such superintendent shall have power to cause persons kept at such poorhouse, who are able to do useful labor, to perform the same by reasonable and humane coercion.]

          [205.710. The county commission may at any time, for good cause, remove the superintendent and appoint another to fill the vacancy.]

          [205.720. It shall be the duty of the superintendent of the poor, or poor farm, as provided for in sections 205.580 to 205.760, to keep a book furnished by the county commission, and enter therein a book account of all business transactions had or done or caused to be done by him as superintendent. Said book shall show an itemized account of all farm products, stock and other articles sold by the superintendent or by his authority, and of all articles purchased for the use of the poor, or for the use or improvement of the poor farm or the buildings thereon, and of all expenses for farm labor and other work or services done by order or contract of the superintendent, and of such other items as may be ordered kept therein by the county commission.]

          [205.730. It shall be the duty of the superintendent to appear before the county commission on the first day of every regular session thereof, and at such other times as the commission may require, and present said book to said commission for their inspection. Should the superintendent fail or refuse to keep such book and present the same to the county commission, as provided in sections 205.580 to 205.760, it shall be considered sufficient cause for his removal, and it shall be the duty of the county commission to remove the same, and appoint another to fill the vacancy.]

          [205.740. All money that shall come into the hands of the superintendent from the sale of farm products, stock or other articles belonging to the county, and all other money belonging to the county that shall come into his hands from other sources, except by warrants drawn in his favor by the county commission, shall be paid into the county treasury and placed with the fund for the support of the poor, and a receipt taken for the same.]

          [205.750. Every superintendent, before entering upon his duties, shall enter into a bond to the state of Missouri in a sum not less than five hundred nor more than three thousand dollars, to be determined by the county commission, conditioned that he will faithfully account for all money belonging to the county that shall come into his hands, and that he will exercise due diligence and care over property belonging to the county, under his control. Said bond shall be approved by the county commission and filed with the clerk thereof.]

          [205.760. Sections 205.720 to 205.750 shall not apply to any county where the support and keeping of the poor is let out by contract, nor to any county where the superintendent rents or leases the poor farm and stocks the same and furnishes the necessary farm implements used thereon at his own expense, and carries on said farm at his own expense.]

          [205.765. 1. The county commission of any county of the first class may by resolution create a department of health and welfare which department shall be operated in the manner hereinafter set out.

          2. Notwithstanding the provisions of subsection 1, no department of health and welfare shall be created in any county of the first class not having a charter form of government in which a county health center has been established pursuant to the provisions of sections 205.010 to 205.150, whether or not the health center is established prior to the county's attaining first class status.]

          [205.766. 1. The commissioners of the county commission shall during their term of office serve as commissioners of health and welfare of their respective counties and shall have charge and control of all county hospitals, clinics, health centers, institutions for the insane and all county corrective, welfare and eleemosynary institutions except the county jail and the place of detention used by the juvenile court.

          2. Said commissioners shall have supervision of the rehabilitation of all state prisoners in the county jail after conviction and sentence thereto, subject to the approval of the county sheriff.

          3. They shall perform investigational case work, excepting that relating to adoption, probation and detention of juveniles, in all cases involving the distribution and expenditure of any county funds.

          4. They shall administer all laws relating to the county support of the poor and shall have charge of all boarding home care for all juveniles subject to the jurisdiction of the juvenile court and shall perform such other duties as provided by law.]

          [205.767. The commissioners of health and welfare may appoint a director of health and welfare and the commissioners shall fix his compensation. The commissioners may also employ such assistants as are necessary and shall fix their compensation. The cost of salaries and expenses of the department shall be apportioned to any appropriate county fund.]

          [205.769. 1. Any first class county not having a charter form of government and adjacent to a county of the first class having a charter form of government which does not contain a city with a population of three hundred thousand or more, and adjacent to not more than one county of the second class, may make health inspections of premises on or from which food is prepared, served, or sold to members of the general public for consumption by humans; except this act shall not apply to hospitals licensed under chapter 197, RSMo, or to nursing homes licensed under chapter 198, RSMo. Any county which makes inspections as authorized by this section shall also have the power and authority to issue licenses and to charge reasonable fees for such inspections, which fees shall not exceed the amount necessary to fund and implement an inspection program established pursuant to this section.

          2. Such inspections shall be performed at least annually according to procedures established by the Missouri department of health and shall be performed in the most cost efficient manner. Inspections shall be performed by qualified employees of the county, or by contracting such services on a fee basis, at the discretion of the county commission. Any person making such inspections must meet the Missouri department of health qualifications.

          3. No establishment described in subsection 1 of this section shall be issued a county license until it has passed inspection. Any such establishment which has been licensed and subsequently fails an inspection shall be given ten days to correct its deficiencies and if such establishment fails to correct its deficiencies, it shall be subject to license suspension and suspension of operations. If the establishment operates without the license, the owner is guilty of a class B misdemeanor. The license shall remain suspended until the deficiencies are corrected.

          4. New establishments must submit plans for their operation to the county health department before construction proceeds and licenses are sought. Establishments already doing business in the county shall not be subject to this subsection.

          5. All religious, educational, nonprofit, fraternal or civic organizations shall be exempt from the fees authorized by the provisions of subsection 1 of this section.

          6. From and after August 13, 1986, health inspections of the establishments described in subsection 1 of this section shall be performed only by the county and the state. Municipalities may provide for such health inspections only in those counties which do not provide for a health inspection throughout the county.]

          [205.840. It shall be the duty of the board of police commissioners of said cities, and the health officers of said cities and counties to render said social welfare board, its officers and agents, such aid as may be requested by them, or either of them, whenever such aid requested shall reasonably come within the duties of said police board, its agents or officers or the health officers aforesaid.]

          [205.850. The county commission in counties of the third and fourth classes may in its discretion, with an order of the juvenile court showing approval, appoint a county superintendent of public welfare, and such assistants as it may deem necessary. Whenever the county commission of any county has appointed a superintendent of public welfare such officer shall assume all the powers and duties now conferred by law upon the probation or parole officer of such county and shall assume all the powers and duties of the attendance officer in said county and all the powers and the duties of the attendance officer in any incorporated town or village having a population of more than one thousand inhabitants, and no other or different probation or parole officer or attendance officer or officers shall be appointed by the judge of the juvenile court, by the county superintendent of public schools, or by the school board or any incorporated city, town, or village school district or consolidated school district.]

          [205.860. The county commission shall fix the salary of the county superintendent of public welfare and of his assistants in its county.]

          [205.870. It shall be the duty of the county superintendent of public welfare to administer all of the funds of the county devoted to outdoor relief and allowances to needy mothers. He shall seek to discover any cases of neglect, dependent, defective or delinquent children in the county, and take all reasonable action in his power to secure for them the full benefit of the laws enacted for their benefit. Assistants to the county superintendents of public welfare shall perform such of the duties of the county superintendent of public welfare as he may assign to them.]

          [205.880. The county superintendent of public welfare may be deputized or authorized and required by the department of social services to act as its agent in relation to any work to be done by said department within the county, and when said county superintendent is so authorized as the agent of the department of social services, he shall have the same powers and authority as are given to the department of social services. The county superintendent of public welfare may at any time call on the department of social services for advice and assistance in the performance of his duties.]

          [205.890. The county superintendent of public welfare in each county shall, upon the request of the department of mental health, and in accordance with its direction, give special care and attention to the needs of any patient recently discharged from the state hospital for the insane who resides in his county, either on parole or permanent discharge, to the end that such patients may be established in such favorable circumstances as shall tend to prevent their relapse into insanity, and shall report on the progress of such former patients to the department of mental health, and under its direction, to the institution from which they have been paroled or discharged.]

          [205.900. 1. The county superintendent of public welfare shall give such oversight and supervision to prisoners who are on parole from the state penitentiary and are residing in his county, and to persons who are on parole from the Missouri Reformatory, and Missouri Training School for Boys and to girls on parole from the State Training School for Girls or from the State Training School for Negro Girls, as may be requested by the state department of corrections and human resources and shall report upon the progress of said paroled prisoners to the state department of corrections and human resources as often as it may request.

          2. The county superintendent of public welfare in each county shall give oversight and supervision to prisoners on parole or probation by any court in the state of Missouri and shall investigate applications for clemency when requested to do so by said courts, and shall report in regard to each person placed under his supervision to the court placing said persons under his supervision.

          3. The county superintendent of public welfare shall also give oversight and supervision to children placed on parole or probation by the juvenile court or the court having jurisdiction of children's cases in his county when requested to do so by said court and shall report to said court upon progress of persons thus placed on parole or probation.]

          [205.910. The county superintendent of public welfare in each county shall cooperate with the state employment bureaus and shall, upon request of the head of such bureaus, furnish data with regard to the opportunities for employment in their respective counties and shall aid and assist in any practical way in securing employment for the unemployed in his county.]

          [205.920. The county superintendent of public welfare and his assistants may be deputized by the director of the inspection section of the department of labor and industrial relations, as his agent or agents, and when they are so deputized by the director, they shall have the same powers and authority as deputy industrial inspectors.]

          [205.930. The county superintendent of public welfare shall investigate the conditions of living among the poor, sick and delinquent in the county and examine thoroughly into causes of crime and poverty in the county and shall make recommendations from time to time to the proper state department, and to proper local authorities as to any change in conditions or in legislation necessary to prevent or reduce poverty, crime or distress in the state.]

          [205.940. The records of cases handled and business transacted by the county superintendent of public welfare shall be kept in such manner and form as may be prescribed by the department of social services.]

          [205.950. The county superintendent of public welfare shall each year prepare and keep on file, a full report of his work and proceedings during the year, and shall file a copy with the county commission and with the secretary of the department of social services.]

          [208.040. 1. Aid to families with dependent children shall be granted on behalf of a dependent child or children and may be granted to the parents or other needy eligible relative caring for a dependent child or children who:

          (1) Is under the age of eighteen years; or is under the age of nineteen years and a full-time student in a secondary school (or at the equivalent level of vocational or technical training), if before the child attains the age of nineteen the child may reasonably be expected to complete the program of the secondary school (or vocational or technical training);

          (2) Has been deprived of parental support or care by reason of the death, continued absence from the home, or physical or mental incapacity of a parent, and who is living with father, mother, grandfather, grandmother, brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle, aunt, first cousin, nephew or niece, in a place of residence maintained by one or more of such relatives as the child's own home, and financial aid for such child is necessary to save the child from neglect and to secure for the child proper care in such home. Physical or mental incapacity shall be certified to by competent medical or other appropriate authority designated by the division of family services, and such certificate is hereby declared to be competent evidence in any proceedings concerning the eligibility of such claimant to receive aid to families with dependent children benefits. Benefits may be granted and continued for this reason only while it is the judgment of the division of family services that a physical or mental defect, illness or disability exists which prevents the parent from performing any gainful work;

          (3) Is not receiving supplemental aid to the blind, blind pension, supplemental payments, or aid or public relief as an unemployable person;

          (4) Is a resident of the state of Missouri.

          2. The division of family services shall require as additional conditions of eligibility for benefits that each applicant for or recipient of aid:

          (1) Shall furnish to the division the applicant or recipient's social security number or numbers, if the applicant or recipient has more than one such number;

          (2) Shall assign to the division of family services in behalf of the state any rights to support from any other person such applicant may have in the applicant's own behalf or in behalf of any other family member for whom the applicant is applying for or receiving aid. An application for benefits made under this section shall constitute an assignment of support rights which shall take effect, by operation of law, upon a determination that the applicant is eligible for assistance under this section. The assignment is effective as to both current and accrued support obligations and authorizes the division of child support enforcement of the department of social services to bring any administrative or judicial action to establish or enforce a current support obligation, to collect support arrearages accrued under an existing order for support, or to seek reimbursement of support provided by the division;

          (3) Shall cooperate with the divisions of family services and of child support enforcement unless the division of family services determines in accordance with federally prescribed standards that such cooperation is contrary to the best interests of the child on whose behalf aid is claimed or to the caretaker of such child, in establishing the paternity of a child born out of wedlock with respect to whom aid is claimed, and in obtaining support payments for such applicant and for a child with respect to whom such aid is claimed, or in obtaining any other payments or property due such applicant or such child. The divisions of family services and of child support enforcement shall impose all penalties allowed pursuant to federal participation requirements;

          (4) Shall cooperate with the department of social services in identifying and providing information to assist the state in pursuing any third party who may be liable to pay for care and services available under the state's plan for medical assistance as provided in section 208.152, unless such individual has good cause for refusing to cooperate as determined by the department of social services in accordance with federally prescribed standards; and

          (5) Shall participate in any program designed to reduce the recipient's dependence on welfare, if requested to do so by the department of social services.

          3. The division shall require as a condition of eligibility for AFDC benefits that a minor child under the age of eighteen who has never married and who has a dependent child in his or her care, or who is pregnant and otherwise eligible for AFDC benefits, shall reside in a place of residence maintained by a parent, legal guardian, or other adult relative or in some other adult-supervised supportive living arrangement, as required by section 403 of P.L. 100-485. Exceptions to the requirements of this subsection shall be allowed in accordance with requirements of the federal Family Support Act of 1988 in any of the following circumstances:

          (1) The individual has no parent or legal guardian who is living or the whereabouts of the individual's parent or legal guardian is unknown; or

          (2) The division of family services determines that the physical health or safety of the individual or the child of the individual would be jeopardized; or

          (3) The individual has lived apart from any parent or legal guardian for a period of at least one year prior to the birth of the child or applying for benefits; or

          (4) The individual claims to be or to have been the victim of abuse while residing in the home where she would be required to reside and the case has been referred to the child abuse hotline and a "reason to suspect finding" has been made. Households where the individual resides with a parent, legal guardian or other adult relative or in some other adult-supervised supportive living arrangement shall, subject to federal waiver to retain full federal financial participation and appropriation, have earned income disregarded from eligibility determinations up to one hundred percent of the federal poverty level.

           4. If the relative with whom a child is living is found to be ineligible because of refusal to cooperate as required in subdivision (3) of subsection 2 of this section, any aid for which such child is eligible will be paid in the manner provided in subsection 2 of section 208.180, without regard to subsections 1 and 2 of this section.

          5. The department of social services may implement policies designed to reduce a family's dependence on welfare. The department of social services is authorized to implement these policies by rule promulgated pursuant to section 660.017, RSMo, and chapter 536, RSMo, either statewide or as pilot projects, in certain geographic areas, subject to obtaining necessary federal waivers and appropriation authority, and in compliance with state statutes. These policies may include:

          (1) Increasing the earned income and resource disregards allowed recipients to help families achieve a gradual transition to self-sufficiency, including implementing policies to simplify employment-related eligibility standards by increasing the earned income disregard to two-thirds by July 1, 1998;

          (2) Supplementing wages for recipients for the lesser of forty-eight months or the length of the recipient's employment by diverting the aid to families with dependent children grant to employers who hire such recipients, provided that the department of social services shall develop a methodology and a process for addressing instances where a regular employee claims job loss because of replacement solely due to the employer's preference for hiring a worker whose wage is supplemented by an aid to families with dependent children grant.

          6. Upon receipt of a federal waiver which allows such, the work history requirements and definition of "unemployed" shall not apply to parents under age twenty-one in order for these parents to be eligible for assistance under section 208.041.]

          [208.041. 1. Notwithstanding the provisions of subdivision (2) of section 208.050, the provisions of section 208.040 shall also apply to a needy child who has been deprived of parental support or care by reason of the unemployment of a parent as such term "unemployment" is defined and determined by the division of family services pursuant to applicable federal law and regulations. The unemployed parent, for whose child or children benefits may be received, is eligible for payments and under this section must:

          (1) Be physically present in Missouri, living in the home with the child or children, actively seeking employment, and complying with requirements made by the division of family services pursuant to applicable state and federal requirements for registration with the United States Secretary of Labor or his representative regarding employment, training, work incentive and special work projects;

          (2) Have been unemployed for at least thirty days prior to receiving benefits under this section and must apply for and receive any unemployment benefits to which he or she is entitled, such benefits to be considered as unearned income in determining eligibility for aid to families with dependent children;

          (3) Not have refused without good cause, within such thirty-day period prior to the receipt of such aid, any bona fide offer of employment which he or she is physically able to perform and otherwise qualified to engage in;

          (4) Not have refused, without good cause, vocational rehabilitation, education, training, work incentive or special work projects offered;

          (5) (a) Have six or more quarters of work within any thirteen-calendar-quarter period ending within one year prior to the application for such aid or have received or have been qualified to receive unemployment compensation within such one-year period;

          (b) A "quarter of work" with respect to any individual shall mean a period of three consecutive calendar months ending on March thirty-first, June thirtieth, September thirtieth, or December thirty-first in which he or she received earned income of not less than fifty dollars or in which he or she participated in a community work and training program or the work incentive program;

          (c) An individual shall be deemed "qualified" for unemployment compensation under the state's unemployment compensation law if he or she would have been eligible to receive such benefits upon filing application, or he or she performed work not covered by such law which, if it has been covered, would, together with any covered work he or she performed, have made him or her eligible to receive such benefits upon filing application; and

          (6) Be the natural or adoptive parent of the child or children or legally responsible for the support of the child or children.

          2. The division of family services shall enter into a cooperative agreement with the state department of elementary and secondary education and the coordinating board for higher education for use of public vocational rehabilitation and education services and facilities in respect to the unemployed parent to the end that those capable of assimilating and utilizing the same may be trained or retrained.

          3. The division of family services shall enter into an agreement with the division of employment security for registration and reregistration of unemployed parents, and shall refer them to the United States Secretary of Labor or his representative, within thirty days of receiving assistance, for the purpose of providing employment, training, work incentive and special work projects for all eligible unemployed parents as provided in section 208.042.

          4. Payments shall be prorated within the limits of the appropriations, and shall not exceed the amount of the appropriations made therefor.

          5. This section shall not become effective until June 16, 1983.]

          [208.042. 1. In households containing recipients of aid to families with dependent children benefits, each appropriate child, relative or other eligible individual sixteen years of age or over shall be referred by the division of family services to the United States Secretary of Labor or his representative for participation in employment, training, work incentive or special work projects when established and operated by the secretary, to afford such individuals opportunities to work in the regular economy and to attain independence through gainful employment.

          2. The division of family services, pursuant to applicable federal law and regulations, shall determine the standards and procedures for the referral of individuals for employment, training, work incentive and special work projects, which shall not be refused by such individuals without good cause; but no recipient or other eligible individual in the household shall be required to participate in such work programs if the person is

          (1) Ill, incapacitated, or of advanced age;

          (2) So remote from the location of any work or training project or program that he cannot effectively participate;

          (3) A child attending school full time;

          (4) A person whose presence in the household on a substantially continuous basis is required because of illness or incapacity of another member of the household.

          3. The division of family services shall pay to the United States Secretary of Labor or his representative up to twenty percent of the total cost, in cash or in kind, of the work incentive programs operated for the benefit of the eligible persons referred by the division of family services; and the division of family services shall pay an amount to the secretary for eligible persons referred to and participating in special work projects not to exceed the maximum monthly payments authorized under sections 208.041 and 208.150 for recipients of public assistance benefits. An allowance in addition to the maximum fixed by section 208.150 may also be made by the division of family services for the reasonable expenses of any needy child or needy eligible relative which are attributable to his participating in a work training or work incentive program.

          4. If an eligible child or relative refuses without good cause to participate in any work training or work incentive program to which he has been referred, payment to or on behalf of the child or relative may be continued for not more than sixty days thereafter, but in such cases payments shall be made pursuant to subsection 2 of section 208.180. If a relative has refused to so participate, payments on behalf of the eligible children cared for by the relative shall be made pursuant to subsection 2 of section 208.180.

          5. The division of family services is authorized to expend funds to provide child day care services, when appropriate, for the care of children required by the absence of adult persons from the household due to referral and participation in employment, training, work incentive programs or special work projects.]

          [208.400. As used in sections 208.400 to 208.425 and section 452.311, RSMo, the following terms mean:

          (1) "Case manager", an employee of the division having responsibility for the assessment of the participant's educational and employment needs and for assisting the participant in the development and execution of the service plan;

          (2) "Community work experience program", as defined under section 201 of the Family Support Act of 1988 (P.L. 100-485), a program designed to enhance the employability of participants not otherwise able to obtain employment through providing training and an actual work experience;

          (3) "Department", the department of social services;

          (4) "Division", the division of family services of the department of social services;

          (5) "Educational component", that portion of the Missouri job opportunities and basic skills training (JOBS) program which is intended to provide educational opportunities for participants. This component will include:

          (a) "Adult basic education", any part-time or full-time program of instruction emphasizing reading, writing and computation skills, including day classes or night classes, which prepares a person to earn a Missouri high school equivalency certificate pursuant to section 161.093, RSMo;

          (b) "High school education", instruction in two or more grades not lower than the ninth nor higher than the twelfth grade which leads to the award of a diploma provided by any school to a person, to the extent that such instruction conforms to the requirements established pursuant to section 201 of P.L. 100-485 and federal regulations promulgated under said section;

          (c) "Postsecondary education", any part-time or full-time program of instruction in a community junior college, college or university as allowed by regulations of the department of health and human services; and

          (d) "Vocational education", any part-time or full-time program of instruction of less than baccalaureate grade, including day classes or night classes, which prepares a person for gainful employment;

          (6) "Employment component", that portion of the Missouri JOBS program which is intended to provide employment counseling, training, and referral and employment opportunities for participants;

          (7) "JOBS", the job opportunities and basic skills training program for AFDC recipients developed by the division of family services;

          (8) "Participant", any recipient who is participating in the Missouri JOBS program;

          (9) "Recipient", any person receiving aid to families with dependent children benefits under section 208.040 or 208.041;

          (10) "Service plan", as defined in section 201 of the Family Support Act of 1988 (P.L. 100-485), an employability plan designating the services to be provided by the department and the activities in which the participant will be involved; and

          (11) "Transitional child care services", child day care services provided, as defined in sections 301 and 302 of the Family Support Act of 1988 (P.L. 100-485), to participants who have become ineligible for such services due to the increased wages of or hours of employment.]

          [208.405. 1. No later than October 1, 1990, the division of family services shall establish and operate a job opportunities and basic skills training (JOBS) program for AFDC recipients.

          2. The division of family services, subject to appropriation, shall administer the job opportunities and basic skills training (JOBS) program as provided in Part F of Title IV of the Social Security Act.

          3. Pursuant to Public Law 100-485, state funds expended for education, training and employment activities, including supportive services, to assist aid to families with dependent children recipients in becoming self-sufficient shall be no less than the level expended for such purposes in fiscal year 1986.

          4. The department shall plan and coordinate all the JOBS program with the Missouri Job Training Coordinating Council, educational training and basic skills training and opportunities afforded under the provisions of this act with the department of elementary and secondary education, the department of labor and industrial relations and the department of economic development so as not to duplicate any existing program and services now offered. The existing personnel in those departments together with such added personnel as may be authorized by appropriations shall be utilized in carrying out the provisions of this act.]

          [208.410. 1. The division, in determining the priority of participation by individuals, shall give priority to volunteers as described in section 201 of P.L. 100-485.

          2. The state plan for the job opportunities and basic skills training program shall include a publicity or recruitment program the goal of which shall be to ensure that volunteers for participation in the job opportunities and basic skills training program are served first and are given preference for available education, training and support services.

          3. Any recipient who has a child under three years of age living in the home and is personally providing care for the child shall be exempt from required participation in the JOBS program.

          4. Prior to the termination of any benefits or supportive services of a participant by the division as a sanction authorized pursuant to the provisions of this section, the participant shall be afforded a pretermination hearing, on the record, with an opportunity for the participant to be heard.

           5. No person shall without good cause, as such term is defined in Public Law 100-485 and regulations defined thereunder, refuse services offered by the division pursuant to this section. The division may, by rule and regulation, provide sanctions against any person who violates the provisions of this subsection. Sanctions shall be consistent with the provisions of Title II, Section 201 of the Family Support Act of 1988.]

          [208.415. 1. The division shall adopt rules and regulations pursuant to chapter 536, RSMo, to administer such program. Such rules shall include procedures for referral of individuals for education, employment, job search, training including on-the-job training, and special work projects. Such rules may implement any optional provision of the Family Support Act of 1988.

          2. An initial assessment of the educational, child care, and other supportive services needs as well as the skills, prior work experience, and employability of each participant in the program including a review of the family circumstances shall be completed for all participants. This assessment shall be completed in consultation with the participant.

          3. On the basis of the assessment, the division, in consultation with the participant, shall develop a service plan for the participant. The service plan shall explain the services that will be provided by the state agency and the activities in which the participant will take part under the program, including child care and other supportive services, shall set forth a service goal for the participant, and shall, to the maximum extent possible and consistent with sections 208.400 to 208.425, and section 452.311, RSMo, reflect the respective preferences of such participant. The plan shall take into account the participant's supportive services needs, available program resources, and local employment opportunities. The plan shall include a description of the rights, duties, and responsibilities of the participant and the division.

          4. The division may operate a community work experience program in accordance with section 201 of P.L. 100-485. The program shall be voluntary for thirty-six months after July 27, 1989, after which time those individuals who have received AFDC benefits for thirty-six of the preceding sixty months may be required to participate in the community work experience program.]

          [208.500. 1. Sections 208.500 to 208.507 shall be known as "Transitional Benefits Demonstration Project". Subject to appropriations and receipt of a federal waiver, the division of family services shall establish a three-year demonstration project which shall provide transitional benefits to families who lose their eligibility for assistance under aid to families of dependent children because of an increase in earned income.

          2. As used in sections 208.500 to 208.507, the following terms mean:

          (1) "Child care", child care services provided by the division of family services;

          (2) "Division", division of family services of the department of social services;

          (3) "Medical services", those services provided for under section 208.152;

          (4) "Participant", any recipient who is participating in the demonstration project;

          (5) "Project", a demonstration project directed at AFDC recipients who become ineligible for benefits due to an increase in earned income, in which such recipients can receive child care and medical services for an indefinite period of time, not to exceed three years, to assist in the transition from welfare to employment;

          (6) "Recipient", any person receiving aid to families of dependent children benefits under section 208.040 or 208.041.]

          [208.503. 1. The division shall select project participants from applicants who meet the criteria and requirements set forth in subsection 3 of this section.

          2. Subject to appropriations, the division shall provide child care and medical services to no more than two hundred fifty head-of-household participants. Such child care and medical services will continue until the earned income of the participant is at least two times the minimum wage. The division shall deliver the transitional child care assistance through a vendor voucher payment or purchase of service system which requires that as the recipient's earned income increases, the recipient shall contribute to the cost of the assistance in accordance with a sliding scale fee established by rule.

          3. In order to be considered for selection as a prospective project participant pursuant to sections 208.500 to 208.507:

          (1) A person shall apply to the division to participate in the program;

          (2) An applicant shall have been a recipient of AFDC benefits for at least twelve of the last thirty-six months preceding application;

          (3) The applicant shall have become ineligible for AFDC benefits due to an increase in earned income, within the year preceding application, or is currently receiving transitional child care services as defined in section 208.400;

          (4) The applicant shall be employed at the time of application and not receiving employer paid child care or medical services;

          (5) The applicant shall meet any other criteria as determined by the division of family services.]