To repeal sections 161.193, 205.770, 205.780, 205.790, 205.820, 205.830, 207.010, 208.010, 208.015, 208.044, 208.060, 208.070, 208.075, 208.080, 208.182, 208.325, 208.345, 210.245, 210.252, 210.256, 473.399, 620.521, 620.523, 620.527, 620.528, 620.529, 620.537, 660.016 and 660.526, RSMo 1994, and sections 208.151, 210.221 and 620.530, RSMo Supp. 1996, and to enact in lieu thereof eighty new sections for the purpose of establishing the families work act, with penalty provisions and an emergency clause.

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

Section A. Sections 161.193, 205.770, 205.780, 205.790, 205.820, 205.830, 207.010, 208.010, 208.015, 208.044, 208.060, 208.070, 208.075, 208.080, 208.182, 208.325, 208.345, 210.245, 210.252, 210.256, 473.399, 620.521, 620.523, 620.527, 620.528, 620.529, 620.537, 660.016 and 660.526, RSMo 1994, and sections 208.151, 210.221 and 620.530, RSMo Supp. 1996, are repealed and eighty new sections enacted in lieu thereof, to be known as sections 37.600, 37.605, 37.610, 37.615, 205.770, 205.780, 205.790, 205.820, 205.830, 207.010, 208.010, 208.015, 208.044, 208.060, 208.070, 208.075, 208.080, 208.151, 208.182, 208.345, 210.245, 210.252, 210.256, 473.399, 610.103, 620.530, 660.016, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52 and 53, to read as follows:

37.600. 1. There is hereby established the "Missouri Workforce Policy Board".

2. The board shall advise the governor and general assembly on statewide workforce development goals and objectives, changes to the workforce development system needed to educate and train Missourians to enter the workforce, and the creation of a comprehensive strategic plan and system that encourages community-based service delivery and provides for the allocation of funds based on performance and outcomes.

3. The board shall consist of twenty-four members appointed by the governor. The governor shall designate one nongovernmental member to be chair. Two members shall be members of the house of representatives and two shall be members of the senate. Legislative members shall be selected from different political parties as appointed by the speaker of the house and president pro tem of the senate. The board shall be further composed of the following groups:

(1) Representatives of business and industry;

(2) Representatives of state agencies, or their designees, including the director of the department of economic development, the commissioner of elementary and secondary education, the director of the department of labor and industrial relations, the director of the department of social services and the commissioner of higher education;

(3) Representatives of local secondary education;

(4) Representatives of organized labor;

(5) Representatives of the general public;

(6) Representatives of community-based organizations and community action agencies;

(7) Representatives of Missouri vocational associations;

(8) Representatives of area vocational school networks;

(9) Representatives of community college systems; and

(10) Representatives of the women's council.

4. Members of the board shall not be compensated for their services, but shall be reimbursed for actual and necessary expenses incurred in the performance of their duties.

5. The governor may replace any member of the board who misses two consecutive scheduled meetings.

6. The roles, responsibilities and duties of the Missouri training and employment council are hereby assigned to the Missouri workforce policy board.

37.605. The board shall have the following powers and duties:

(1) To do all things necessary or convenient to carry out the powers and duties of the board as expressly provided in this act including, but not limited to, adopting, altering, or repealing its own bylaws, and making and executing contracts and other agreements;

(2) To receive, accept and utilize gifts, grants, donations, appropriations, or contributions of money, property, facilities or services, with or without consideration from any person, firm, corporation, foundation or other entity, or from this state or any agency, instrumentality or political subdivision thereof, or from the United States government, or any agency or instrumentality thereof;

(3) Advise and submit recommendations to the governor and the general assembly on workforce development;

(4) Work toward the development of a plan which will establish a state workforce development system that improves the opportunity for Missourians to obtain and retain employment in sustainable jobs and moves those individuals who have incomes below the poverty line to above and beyond;

(5) Establish a model of statewide, regional and local outcomes to be achieved by the workforce development system in Missouri;

(6) The board shall determine specific measures by which statewide, regional and local outcomes and performance for workforce development shall be measured and evaluated to ensure accountability for results;

(7) Develop a statewide comprehensive strategic plan addressing economic and workforce development to accomplish the statewide, regional and local outcomes defined by the board;

(8) Establish suggested parameters, criteria, requirements, guidelines and geographic boundaries necessary to establish regional organizational structures within which workforce development programs and services will be delivered, taking into consideration existing geographic boundaries and parameters that are in place;

(9) Review, comment upon and recommend modifications to regional and local workforce development organizational structures;

(10) Review, comment upon and recommend modifications regarding workforce development in state plans, strategic plans, budget requests, programs and services of state agencies;

(11) Establish a system to monitor the implementation of and evaluate the performance of the strategic plans, programs and services related to workforce development which are provided throughout the state, including, but not limited to, availability, adequacy, responsiveness, quality of services and the achievement of outcomes. The board may also make recommendations to the governor and general assembly on corrective action needed to achieve established outcomes;

(12) Evaluate and provide recommendations on any federal fiscal policy changes related to workforce development and training programs;

(13) Recommend any state budget, policy or organizational structure changes necessary to facilitate a streamlined and coordinated cost-effective workforce development and training system;

(14) Develop a model workforce development delivery system that provides for coordination of resources to avoid duplication and overlapping service from state departments and programs to allow local communities to tailor services to meet the established outcomes and needs of their areas. The board shall work with departments to review which state and federal programs and funding may be included in the workforce development system. State and federal programs which may be reviewed include, but are not limited to, the Job Training Partnership Act, Wagner-Peyser Act, job development fund, customized training, community college new jobs training program, regional technical education program, community college workforce funding, food stamp employment and training program, Carl D. Perkins Vocational and Applied Technology Act, the Adult Education Act, FUTURES, the National and Community Service Act, NAFTA Trade Adjustment Assistance for Workers, Disabled Veterans' Outreach program, local veterans' employment representation program, Job Corps, work opportunity tax credit program, the one-stop career systems, the women's council, and the Vocational Rehabilitation Act;

(15) Prepare and submit an annual report to the governor and general assembly by December thirty-first of each year, beginning in 1998;

(16) The board shall oversee all functions required by the federal Job Training Partnership Act or its successor acts; and

(17) Hold joint meetings and work with the family investment trust board, established in section 6 of this act, to identify and recommend any state budget, policy or organizational structure changes necessary to ensure the integrated delivery of workforce development services and services dealing with the well-being of children, youth and families.

37.610. The board may appoint ad hoc planning groups, or other groups, made up of representatives from the various departments and programs affected by the board as the board deems necessary to assist the board in its efforts. Subject to appropriations, funding and staffing for the board in its efforts will be assigned to the division of budget and planning of the office of administration.

37.615. The board, its duties and responsibilities identified in sections 37.600 to 37.610 shall cease to exist on December 31, 1999.

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] The social welfare 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; to]. The board shall 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] such board shall have the power and it shall be the duty of [said] such board to employ and discharge all persons or officers in their judgment necessary to carry out the matters over which [said] such board is given jurisdiction or control.

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

2. [Said] The 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] the social welfare 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] such cities and the county commission of [said] such counties; provided, [said] the board shall render reports concerning receipts, expenditures, operations, etc., whenever called for by the [common] city council of [said] such cities or the county commission of [said] such counties.

205.830. [1.] It shall be the duty of [said] the social welfare 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] any program established pursuant to 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] pursuant to 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. In determining the eligibility of a claimant pursuant to this section, the division of family services shall make all appropriate inquiries with the division of employment security in the department of labor and industrial relations, department of revenue, and other agencies and divisions prior to the issuance of such public benefits. If benefits are awarded on a temporary or emergency basis, such eligibility for benefits shall be terminated within thirty days unless the determining division has reverified and substantiated a continued need.

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 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] individual 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] an individual 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 division of family services of the department of social services. Such 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 such 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] provided, that in the case of individuals receiving work first program benefits, the provisions 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.

208.044. 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, as amended, 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.

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.

208.070. 1. The department shall permit any individual wishing to apply for assistance under the families work program or any other public assistance programs administered or supervised by the department to do so. Each applicant shall be assessed for any public assistance program administered or supervised by the state of Missouri. Such public assistance shall be furnished with reasonable promptness in accordance with statute and rules of the department. The department or the division shall consider a request for assistance to be an application for any category of public assistance for which the applicant or applicant's dependents may be eligible.

2. A request for assistance shall be made at a county division of family services office in person, by telephone or by mail.

3. Whenever the [county office] division receives [an application] a request for [benefits] assistance an investigation and record shall be promptly made of the circumstances of the applicant by the [county office] division in order to ascertain the facts supporting the application. Upon the completion of such investigation the director of the division [of family services], or someone designated by [him] the director, shall decide whether the applicant is eligible for benefits and if entitled to benefits determine the amount thereof and the date on which such benefits shall begin. The [director of county welfare] division shall notify the applicant of the decision.

4. During the investigation of any application or recertification for assistance, the division shall:

(1) At the time of application, provide each applicant household with a clear written statement explaining the requirements for verifying and otherwise completing the application process;

(2) Assist each applicant in completing the application and assessment process;

(3) Not require any applicant to submit additional proof of a matter on which the division already has current verification, unless the division has reason to believe that such information is inaccurate, incomplete or insufficient; or

(4) Not deny any application for assistance solely because of the failure of a person outside the household to cooperate in providing information.

5. The division shall complete the investigation and provide benefits retroactive to the date of application to any eligible household within the time allowed by federal law or state statute. If no time limit is otherwise specified by federal or state law, cash benefits shall be provided to eligible households through the families work program no later than forty-five days following the filing of an application.

6. The division shall explain to the applicant the nature of all categories of public assistance, benefits and services for which the applicant household may be eligible and which may be given, and the consequences of accepting TANF-funded benefits, including, but not limited to, lifetime limits and work requirements. The applicant shall have the option of refusing all or any part of the public assistance, benefits or services offered; provided, however, that any work first program recipient may not refuse any public assistance, benefit or services offered which the department deems essential to the success of the recipient's overall self-sufficiency pact.

208.075. 1. When an application is made for [aid to dependent children] benefits through the work first program 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 recipient's 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] such person applied for benefits or services 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 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] such applicant's or recipient's representative prior to the commencement of the hearing.

208.151. 1. 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 as 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 families work 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 families work 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] families work support 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 f 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. 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. [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. 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. 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.

208.182. 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.] a statewide electronic benefits transfer (EBT) system for administering the delivery of public assistance benefits specified in subsection 5 of this section. 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)] temporary assistance to needy families (TANF), 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.

6. To ensure the integrity of the EBT system, the department shall be authorized to approve or disapprove vendor participation.

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.

210.221. 1. The department of health shall have the following powers and duties:

(1) After inspection, to grant licenses to persons to operate child care facilities if satisfied as to the good character and intent of the applicant and that such applicant is qualified and equipped to render care or service conducive to the welfare of children, and to renew the same when expired. No license shall be granted for a term exceeding two years. Each license shall specify the kind of child care services the licensee is authorized to perform, the number of children that can be received or maintained, and their ages and sex;

(2) To inspect the conditions of the homes and other places in which the applicant operates a child care facility, inspect their books and records, premises and children being served, examine their officers and agents, [and] deny, suspend, place on probation or revoke the license of such persons as fail to obey the provisions of sections 210.201 to 210.245 or the rules and regulations made by the department of health. The director may also revoke or suspend a license when the licensee fails to renew or surrenders the license;

(3) To promulgate and issue rules and regulations the department deems necessary or proper in order to establish standards of service and care to be rendered by such licensees to children. No rule or regulation promulgated by the division shall in any manner restrict or interfere with any religious instruction, philosophies or ministries provided by the facility and shall not apply to facilities operated by religious organizations which are not required to be licensed; and

(4) To determine what records shall be kept by such persons and the form thereof, and the methods to be used in keeping such records, and to require reports to be made to the department at regular intervals.

2. Any child care facility may request a variance from a rule or regulation promulgated pursuant to this section. The request for a variance shall be made in writing to the department of health and shall include the reasons the facility is requesting the variance. The department shall approve any variance request that does not endanger the health or safety of the children served by the facility. The burden of proof at any appeal of a disapproval of a variance application shall be with the department of health. Local inspectors may grant a variance, subject to approval by the department of health.

3. The department shall deny, suspend or revoke a license if it receives official notice that the license is prohibited by any local law related to the health and safety of children in child care as determined by local authorities.

4. No rule or portion of a rule promulgated under the authority of sections 210.201 to 210.245 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.

210.245. 1. Any person who violates any provision of sections 210.201 to 210.245, or who for [himself] such person or for any other person makes materially false statements in order to obtain a license or the renewal thereof [under] pursuant to sections 210.201 to 210.245, shall be guilty of an infraction for the first offense and shall be assessed a fine not to exceed two hundred dollars and shall be guilty of a class A misdemeanor for subsequent offenses. In case such guilty person is a corporation, association, institution or society, the officers thereof who participate in such misdemeanor shall be subject to the penalties provided by law.

2. If the department of health proposes to deny, suspend or revoke a license, the department of health shall serve upon the applicant or licensee written notice of the proposed action to be taken. The notice shall contain a statement of the type of action proposed, the basis for it, the date the action will go into effect, and a statement that the applicant or licensee shall have thirty days to request in writing a hearing before the administrative hearing commission. If no written request for a hearing is received by the department of health within thirty days of the applicant or licensee's receipt of the notice, the proposed discipline shall take effect thirty-one days from the date the original notice was received by the applicant or licensee. If the applicant or licensee makes a written request for a hearing, the department of health shall file a complaint with the administrative hearing commission within ninety days of receipt of the request for a hearing. The complaint shall comply with the laws and regulations for actions brought before the administrative hearing commission.

3. The department of health may issue letters of censure or warning and may place a license on probation without formal notice or hearing.

4. The department of health may suspend any license simultaneously with action taken in subsection 2 of section 210.245, if the department of health finds that there is a threat of imminent bodily harm to the children in care. The notice of suspension shall include the basis of the suspension and the appeal rights of the licensee. The licensee may appeal the decision to suspend the license to the department of health. The appeal shall be filed within ten days from the receipt of the notice of appeal. A hearing shall be conducted by the department of health within ten days from the date the appeal is filed. The suspension shall continue in effect until the conclusion of the proceedings, including review thereof, unless sooner withdrawn by the department of health, dissolved by a court of competent jurisdiction or stayed by the administrative hearing commission.

5. In addition to initiating proceedings [under] pursuant to subsection 1 of this section, or in lieu thereof, the prosecuting attorney of the county where the child care facility is located may file suit for a preliminary and permanent order overseeing or preventing the operation of a child care facility or the department may request that the attorney general seek an injunction to prevent the operation of the facility for violating any provision of sections 210.201 to 210.245. The order shall remain in force until such a time as the court determines that the child care facility is in substantial compliance. [If the prosecuting attorney refuses to act or fails to act within thirty days of receipt of notice from the department of health, the department of health may request that the attorney general seek an injunction of the operation of such child care facility.

3.] 6. In cases of imminent bodily harm to children in the care of a child care facility, the department may file suit in the circuit court of the county in which the child care facility is located for injunctive relief, which may include removing the children from the facility, overseeing the operation of the facility or closing the facility.

210.252. 1. All buildings and premises used by a child care facility to care for more than four children except those exempted from the licensing provisions of the department of health pursuant to subdivisions (1) [to], (2), (3), (4) and (6) of section 210.211, shall be inspected annually for fire and safety by the state fire marshal, [his] the marshal's designee or officials of a local fire district and for health and sanitation by the department of health or officials of the local health department. Evidence of compliance with the inspections required by this section shall be kept on file and available to parents of children enrolling in the child care facility.

2. Local inspection of child care facilities may be accomplished if the standards employed by local personnel are substantially equivalent to state standards and local personnel are available for enforcement of such standards.

3. Any child care facility may request a variance from a rule or regulation promulgated pursuant to this section. The request for a variance shall be made in writing to the department of health and shall include the reasons the facility is requesting the variance. The department shall approve any variance request that does not endanger the health or safety of the children served by the facility. The burden of proof at any appeal of a disapproval of a variance application shall be with the department of health. Local inspectors may grant a variance, subject to approval by the department.

4. The department of health shall administer the provisions of sections 210.252 to 210.256, with the cooperation of the state fire marshal, local fire departments and local health agencies.

5. The department of health shall promulgate rules and regulations to implement and administer the provisions of sections 210.252 to 210.256. Such rules and regulations shall provide for the protection of children in all child care facilities whether or not such facility is subject to the licensing provisions of sections 210.201 to 210.245.

210.256. 1. Any person who violates any provision of sections 210.252 to 210.255, or who for [himself] such person or for any other person makes a materially false statement in the notice of parental responsibility required by sections 210.254 and 210.255, shall be guilty of an infraction for the first offense and shall be assessed a fine not to exceed two hundred dollars and shall be guilty of a class A misdemeanor for subsequent offenses. In case such guilty person is a corporation, association, institution, or society, the officers thereof who participate in such violation shall be subject to the same penalties.

2. In addition to initiating proceedings [under] pursuant to subsection 1 of this section, or in lieu thereof, the prosecuting attorney of the county where the child care facility is located may file suit for a preliminary and permanent order overseeing or preventing the operation of a child care facility [for violating any provision of section 210.252] or the department may request that the attorney general seek an injunction to prevent the operation of the child care facility for violating any provision of sections 210.252 to 210.259 or the rules promulgated by the department. The injunction shall remain in force until such a time as the court determines that the child care facility is in substantial compliance.

3. In cases of imminent bodily harm to children in the care of a child care facility, the department of health may apply to the circuit court of the county in which the child care facility is located for injunctive relief, which may include removing the children from the facility, overseeing the operation of the facility or closing the facility.

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.

610.103. Notwithstanding any other provision of law to the contrary, when a criminal background check is requested in connection with gaining employment, housing or any other services or benefit of any former member of the organized militia or the armed forces of the United States who has been honorably discharged and who is homeless, such background check shall be completed and transmitted to the requesting party without any fee or other compensation for such background check or copy of any relevant public record pertaining to such request. For purposes of this section, "homeless" means an involuntary state characterized by a lack of housing or shelter.

620.530. [1.] The division of job development and training shall [provide professional, technical and clerical staff support and resources to the Missouri training and employment council;] administer training programs authorized under the federal Job Training Partnership Act; administer programs authorized under sections 620.470 to 620.481; and administer such other federal or state job development and training programs as are assigned to the division.

[2. The division shall promulgate rules and regulations necessary to carry out its responsibility to the Missouri training and employment council and to develop the plans and policies adopted by the council. No rule or portion of a rule promulgated under the authority of sections 620.470 to 620.570 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.]

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.

Section 1. 1. Sections 1 to 53 of this act shall be known as the "Families Work Act".

2. As used in sections 1 to 53 of this act, the following terms mean:

(1) "Adult caretaker relative", any blood relative including first cousins, nephews or nieces, grandparents, great-grandparents, great-great-grandparents, stepparents, stepbrothers, stepsisters, any legal adoptive parents and other relatives by adoption meeting the criteria of the foregoing blood relatives, and a spouse of any person named in the above groups (regardless of whether such marriage is terminated by death or divorce), or a legal guardian given custody by the juvenile court;

(2) "AFDC", the former federal Aid to Families With Dependent Children program;

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

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

(5) "Family", a household that includes at least one minor child who resides with a custodial parent or other adult caretaker relative of such child, or that includes a pregnant female;

(6) "Household", a family which includes a minor child who resides with a custodial parent, legal guardian or other caretaker relative;

(7) "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;

(8) "Missouri families mutual responsibility plan waiver", the public assistance waiver received by the department from the Department of Health and Human Services, effective June 1, 1995, to June 1, 2000, to implement the 1994 state welfare reform provisions statewide, and which includes an individualized case management approach for determining the needs of eligible families and self-sufficiency pacts to establish a time limit for receiving benefits in order to promote self-sufficiency;

(9) "Personal Responsibility and Work Opportunity Reconciliation Act of 1996", the provisions outlined in Part A of Title I of P.L. 104-193;

(10) "Qualified state expenditures", those expenditures within a fiscal year that will count toward the maintenance of effort requirement for the Temporary Assistance to Needy Families (TANF) block grant, as defined in section 409(a)(7)(B) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended;

(11) "TANF", the Temporary Assistance for Needy Families public assistance program through which eligible needy families may receive cash and noncash assistance, pursuant to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended. The TANF program replaces the public assistance programs known as Aid to Families with Dependent Children (AFDC), Emergency Assistance, JOBS and AFDC-related child care;

(12) "Twenty-first century communities demonstration project waiver", the public assistance waiver received by the department from the Department of Health and Human Services effective January 15, 1993, through January 31, 2005, aimed at preventing, reducing and ending the need for public assistance in selected sites in the state by using wage supplementation and less restrictive resource limits in determining eligibility for benefits;

(13) "Work activity", those activities which are set forth in the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended, and those activities which are permitted under a federally approved waiver granted to the department including, but not limited to:

(a) Assessment and employability planning;

(b) Job search;

(c) On the job training;

(d) Work supplementation;

(e) Community work experience;

(f) Alternative work experience;

(g) Postsecondary education related to employment;

(h) High school attendance;

(i) Junior high school attendance;

(j) Job skills training;

(k) Job preparation activities;

(l) Entrepreneurial activities;

(m) Unsubsidized private or public sector employment;

(n) Job entry;

(o) Job readiness activities;

(p) Adult basic education, high school equivalency or remedial education consistent with the requirements of federal law; or

(q) Education related to employment in the case of a recipient who has not received a high school diploma, a general educational development (GED) certificate or its equivalent;

(14) "Work first program", the state program established pursuant to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended.

Section 2. 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 and Development Block Grant Amendments of 1996, as amended, and any applicable state laws.

2. The department of social services shall inform all applicants and recipients of assistance of any funds through the families work program that such assistance shall be used for the purpose of obtaining self-sufficiency.

3. Unless otherwise indicated in sections 1 to 53 of this act, the department of social services 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, or subsequent certification dates 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 shall continue to apply the following welfare reform waivers granted pursuant to section 1115 of the Social Security Act:

(1) The Missouri families mutual responsibility plan waiver; and

(2) The twenty-first century communities demonstration project waiver.

5. To the extent that the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended, is inconsistent with the state's welfare reform waivers described in this subsection, the state shall continue to apply the waiver provisions. The department is directed to apply the waivers rather than the Personal Responsibility and Work Opportunity Act of 1996, as amended, in any area in which such act is inconsistent with the waivers.

6. Except as otherwise provided by law, all provisions of sections 208.325 to 208.345, RSMo, and any waivers related to such sections are specifically retained. If any provision of sections 208.325 to 208.345, RSMo, or any waiver related to such sections is inconsistent with the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended, the department shall apply the state's statutory provision rather than the federal law.

7. 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) Ensure 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 diverse adult population as a transition to work;

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

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

(6) Build on Missouri's 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;

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

(10) Prevent dependence on public assistance through early intervention, prevention services and payments;

(11) Promptly return employable persons to employment;

(12) Provide persons not currently prepared for employment with the appropriate treatment, rehabilitation, education or training necessary to make such persons employment ready;

(13) Provide transitional support services and benefits to persons becoming employment ready and to persons currently in the process of returning to work;

(14) Assure that persons who are incapable of economic self-sufficiency are given the opportunity to maintain a reasonable and decent standard of living;

(15) Reduce the number of nonmarital pregnancies, with special emphasis on preventing teen pregnancies, without increasing the number of abortions;

(16) Implement the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, P.L. 104-193, as amended, and thereby assist needy families with children to become self-sufficient by promoting work, marriage, and family safety, responsibility and stability.

8. The department of social services shall administer a fund to be known as the "Missouri Families Work Program Fund", which is hereby created in the state treasury. Moneys deposited in the fund shall equal one hundred percent of federal funds granted to the state by the United States Department of Health and Human Resources pursuant to the Personal Responsibility and Work Opportunity and Reconciliation Act of 1996, as amended, also known as the federal TANF block grant, moneys appropriated by the general assembly and any private donations or grants. This fund may be used to provide assistance to families eligible for child support assurance benefits established in section 26 of this act.

9. 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.

10. The department shall collect and record in computer readable format data describing the demographics of persons applying for and receiving or not receiving public assistance and the actions taken by the department. The data shall cover applications, determinations of eligibility, granting, changing or denying benefits, amounts of benefits, sanctions, length of time on public assistance, age, physical or mental disability, incapacity to work, county and zip code of residence. The data collection shall be integrated with the tracking required under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended, to avoid duplication.

11. The data, devoid of personal identification, shall be made available at actual cost of reproduction to universities or colleges and state agencies doing research on public assistance programs in a computer readable format.

12. The office of administration shall contract with a university, college or other agency independent of the department which has demonstrated expertise and experience in evaluating the success of programs of public assistance or human social development. In developing the request for proposal, the office of administration shall consult with the departments of elementary and secondary education, social services, mental health, labor and industrial relations, health and economic development. The purpose of the study will be to measure the performance of the public assistance system including inequities in the system. The scope of the study shall apply the science of statistics and probability to identify the demographics of persons receiving public assistance and the response of the public assistance system to the needs of the applicants and recipients. The study shall also look for patterns and anomalies based upon residence, county, division of family services region, race, age, marital status, gender or other demographic categories.

13. The contractor shall annually analyze the data and report on the performance of the public assistance system and any anomalies and inequities to the department of social services, the governor and the general assembly.

14. There shall be conducted a comprehensive evaluation of the family self-sufficiency program provided for in the provisions of sections 1 to 53 of this act. 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 such programs and a control group, factors which contributed to such success or failure, 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. Evaluations shall be completed every three years following enactment of this act.

15. The department shall contract for independent evaluation of all pilot programs and community-based models established to achieve the goals in section 1 of this act and report to the legislature biannually following enactment of this act.

16. Upon the department's decision to terminate 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 postermination hearing with an opportunity for the participant to be heard.

17. In recognition of the reality of family violence for some individuals who may need public assistance, and to ensure that applicants and recipients who are victims of abuse as defined in section 445.010, RSMo, are not placed at risk of abuse or unfairly penalized, the department shall, in accordance with the plan identified in subsection 3 of this section:

(1) Identify applicants and recipients who are such victims while protecting their confidentiality;

(2) Refer these individuals for supportive domestic violence services to increase self-sufficiency;

(3) Assess the need for a determination of good cause or hardship exemptions from families work requirements if such requirements place such applicants and recipients at risk of abuse. Such good cause or hardship exemptions shall not exceed public assistance time limits as established in the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended.

Section 3. 1. There is hereby established a joint committee of the general assembly to be known as the "Joint Legislative Welfare Reform and TANF Block Grant Oversight Committee". Such committee shall be composed of seven members of the senate, no more than two of which shall be members of the senate appropriations committee, appointed by the president pro tem of the senate, and seven members of the house of representatives, no more than two of which shall be members of the house budget committee, appointed by the speaker of the house of representatives. The appointment of each member shall continue during his or her term of office as a member of the general assembly or until a successor has been duly appointed to fill his or her place when such term of office as a member of the general assembly has expired. The joint committee shall meet at least biannually. Committee members shall receive no additional compensation, but shall be reimbursed for reasonable and necessary expenses related to fulfilling the duties of the committee. Such expenses shall be paid from the joint contingency fund. No more than four members of the senate and four members of the house of representatives shall be from the same political party. A majority of the members shall constitute a quorum.

2. The joint committee may, within the limits of its appropriations, employ such persons necessary to carry out its duties. The compensation of such personnel shall be paid from the joint contingency fund. The joint committee may, within limits of appropriations for that purpose enter into contracts to provide such professional, legal or technical assistance as may be necessary for it to perform its functions.

3. The duties of the joint committee shall include, but may not be limited to:

(1) Monitoring the design and implementation of the provisions of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended;

(2) An annual review of the implementation of the state waivers and recommendations based upon such review submitted to the president pro tem of the senate and the speaker of the house of representatives regarding the continuance or discontinuance of such waivers;

(3) An annual evaluation of the funding levels, based upon the information provided by the department with recommendations submitted to the president pro tem of the senate, speaker of the house of representatives, chair of the senate appropriations committee and chair of the house budget committee regarding appropriate levels of funding for the families work act;

(4) Based on the analysis of the statewide data base of public assistance recipients provided by the department, make recommendations to the president pro tem of the senate and speaker of the house of representatives about which categories of needy individuals and families to exempt from the work participation requirements pursuant to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996;

(5) Making recommendations for administrative or procedural changes in the internal management or organization of the state agencies which provide or regulate public assistance programs;

(6) Compiling a report of its activities to be submitted to the members of the general assembly and the governor not later than January fifteenth of each year;

(7) Any state funded agency which provides or regulates health care services shall cooperate with and assist the joint committee in the performance of its duties and shall make available all books, records and information as requested by the joint committee; and

(8) The joint committee shall have the power to subpoena witnesses, take testimony under oath, compel the attendance of witnesses, the giving of testimony and the production of records.

4. The department of social services is authorized to propose rules and regulations necessary to implement the program and sanctions referenced in this section only as provided pursuant to section 42 of this act.

Section 4. 1. Subject to 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. These shall include programs designed to supplement the wages of recipients of benefits for twelve months or as provided by established state waivers by directing benefits provided through the work first program to employers who hire such individuals, pursuant to section 26 of this act, and to the establishment of individual family development accounts.

Section 5. 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) Appropriate no less than one hundred percent of its fiscal year 1994 nonfederal 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 or the greater of its fiscal year 1994 or fiscal year 1995 nonfederal expenditure on child care programs, as required by section 603(b) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended, 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 of 1996, as amended.

2. The department shall administer a fund to be known as the "Missouri General Revenue Maintenance of Effort Fund", which is hereby created in the state treasury. Moneys deposited in the fund shall equal one hundred percent of state funds expended in fiscal year 1994 on the aid to families with dependent children program, aid to families with dependent children related child care programs, the job opportunities and basic skills training program and emergency assistance 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. To reduce the number of applicants for public assistance, the department may also use the Missouri general revenue maintenance of effort fund or Missouri families work first program fund for temporary assistance for needy families to eliminate barriers to accepting employment and to assist individuals in remaining in the work place. Such funds may be used for, but not limited to, assisting families in making a child care payment, primary housing payment or rent or utilities payment, transportation allowance payment, work-related expense payment, medical expense payment, including personal care attendants for the disabled, that is not covered by Federal Title XIX or third-party insurance payors. Such payment shall be limited to a nonrecurring payment and shall be made directly to vendors or to reimburse individuals or organizations for the purchase of receipted necessary materials or services.

5. The Missouri general revenue maintenance of effort fund may also be used to provide assistance by establishing criteria for a state only funded program when the adult population served is not able to meet the federal work requirements due to age, incapacity of the adult to work because of the incapacity of the adult caretaker or the caretaker's dependent as determined by the department, physical or mental disabilities, including being a parent of a child with severe disability for whom such parent is the caregiver, or other good cause determined by the department consistent with sections 1 to 53 of this act.

Section 6. 1. There is hereby created a body corporate and politic to be known as the "Family Investment Trust", which consists of a public-private partnership to promote the healthy development and support of the needs of children and families living in Missouri communities by building and strengthening comprehensive community-based family and child support systems and interagency cooperation. As used in this section, the word "trust" means the family investment trust. The trust shall be composed of:

(1) The directors of the departments of elementary and secondary education, health, labor and industrial relations, economic development, mental health and social services;

(2) Six members from the private sector with knowledge of community support systems and the needs of children and families, to be appointed by the governor;

(3) Three members of the house of representatives, including at least one from a different political party than the other two, to be appointed by the speaker of the house of representatives; and

(4) Three members of the senate, including at least one from a different political party than the other two, appointed by the president pro tem of the senate.

Private sector members shall serve staggered terms. The governor may appoint ex officio, nonvoting members to the trust as deemed appropriate by the governor and the trust board. The purpose of the trust is to provide leadership through a public-private partnership consisting of state officials and private citizens in developing and executing a comprehensive plan for the delivery of health and human services in collaboration with community partnerships throughout the state. The trust shall also coordinate its efforts with other statewide boards which advise the governor and legislature on statewide work force development goals and objectives needed to implement the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended, to identify and recommend any state budget, policy or organizational structure changes necessary to ensure the integrated delivery of work force development services with services dealing with the well-being of children, youth and families.

2. The trust shall have the following powers together with all powers incidental thereto or necessary for the performance thereof:

(1) To receive, accept and utilize gifts, grants, appropriations, donations, contributions, money, property, facilities and services, with or without consideration, from any person, firm, corporation, foundation or other entity, or from this state or any agency, instrumentality or political subdivision thereof from the United States government or any agency or instrumentality thereof;

(2) To establish criteria, requirements and guidelines necessary for the formation of community partnerships throughout the state, with which charters may be executed. As defined herein, a "charter" is a contract between the local community partnership and the trust whereby the community partnership agrees to carry out the objectives of the family investment trust as set forth in the charter. Each charter shall contain specific performance targets for the community partnership linking its activities and services to one or more of the six core results established by the trust. A qualifying community partnership which may be chartered by the trust may include, but not be limited to, a political subdivision, a school district, a community action agency, as defined in section 660.370, RSMo, a nonprofit corporation organized pursuant to state law or any other collaboration of such entities formed to carry out the purposes of the family investment trust;

(3) To create an interagency strategic plan to define and accomplish the following six core results as statewide priorities:

(a) Parents working;

(b) Children safe in their families and families safe in their communities;

(c) Children ready to enter school;

(d) Healthy children and families;

(e) Children and youth succeeding in school; and

(f) Youth ready to enter the work force and become productive citizens;

(4) To monitor and measure the effectiveness of chartered community partnerships in achieving the above core results by establishing measurable indicators, targeted goals and benchmarks to be incorporated within each charter, and to terminate the charter of any community partnership failing to show measurable progress and success in meeting targeted goals and benchmarks within specified time frames. Targeted goals and benchmarks established by the trust and detailed within each charter may include, but not be limited to, the following:

(a) Decreasing the number of Missouri's children living in poverty;

(b) Increasing the number of Missouri children with health insurance coverage;

(c) Improving Missouri's ranking among the states in rates of immunization of children;

(d) Improving Missouri's ranking among the states in its ability to locate absent parents;

(e) Increasing the number of Missouri women receiving early prenatal care;

(f) Improving Missouri's ranking among the states in percent of births at low birth weight;

(g) Decreasing the rate of infant deaths in Missouri;

(h) Decreasing the number of births to single Missouri teens;

(i) Decreasing the number of cases of child abuse and neglect in Missouri;

(j) Increasing the rate of high school graduation for Missouri youth;

(k) Increasing literacy rates among all Missourians;

(l) Decreasing the number of cases of domestic violence in Missouri;

(5) To monitor the implementation of and evaluate the effectiveness of the interagency strategic plan in achieving core results and goals. The trust shall also derive strategies to respond to any federal fiscal policy changes affecting programs which impact on the well-being of children, youth and families in this state including those changes required by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law 104-193, as amended;

(6) To establish minimum standards of services for charted community partnerships to ensure equity of services, to maintain program integrity and to provide oversight for goals and results. The trust may sanction community partnerships deviating from the minimum standards. Such sanctions may include, without limitation, modification of charter, the inclusion or exclusion of individual partners comprising the community partnership, decrease in funding levels, and termination of charter.

3. The trust shall be responsible for:

(1) Recommending to the governor and the legislative oversight committee created herein any state budget, policy or organizational structure changes necessary to facilitate:

(a) Accountability for results;

(b) Bringing services close to where the families live and where children attend school;

(c) Active community involvement in decisions which affect the well-being of children and families;

(d) Using funds more flexibly and effectively to meet the community needs; and

(e) Meeting the core results herein, and the goals and benchmarks developed by the trust;

(2) Advising and assisting communities in developing community partnerships which meet the qualifications for being chartered by the trust. All plans developed by the community partnerships shall be designed to achieve one or more of the six core results specified in the interagency strategic plan, and shall include measurable indicators to gauge progress toward achieving those results, and specific performance targets. The trust shall offer communities opportunities to partner with the state by:

(a) Providing input in the design and delivery of health and human services programs;

(b) Developing community plans, programs and initiatives; and

(c) Sharing financial responsibility in the success or failure of community plans;

(3) Making grants to chartered community partnerships which support programs affecting the well-being of children, youth and families using pooled resources which will allow local communities to tailor services to achieve core results. The trust shall work with the departments of social services, health, elementary and secondary education, mental health, labor and industrial relations, economic development, and other interested departments to review which state and federal programs and funding may be pooled. Decisions regarding pooled funding may be supported by a memorandum of understanding between the departments. The trust shall regularly review and evaluate the availability, adequacy, responsiveness and quality of service affecting the well-being of children and families.

4. The trust shall be authorized to award grants to community partnerships out of moneys appropriated by the legislature or other funds, including moneys for the caring communities program, gifts, contributions, grants or bequests received from federal, private or other sources. The trust shall ensure that moneys expended are used to carry out the purposes of the family investment trust.

5. The trust shall report to the governor and the legislative oversight committee which shall be composed of five members of the house of representatives to be appointed by the speaker of the house of representatives and five members of the senate to be appointed by the president pro tem of the senate. Reports shall include detailed information on the structure, operation and financial status of the trust. Such reports shall also provide an accounting of the number of community partnerships chartered during the year, the amount of grants awarded to such partnerships and an assessment of the effectiveness of these partnerships in achieving the core results of the family investment trust program. The trust shall also establish procedures to ensure accountability and shall review and report on each community partnership's performance against the measurable indicators, performance targets and benchmarks detailed in its charter. Proposed goals and accountability procedures shall be provided to the legislative oversight committee for review prior to promulgation. The governor or the legislative oversight committee may request additional information from the trust from time to time to enable them to more effectively carry out their oversight responsibilities.

6. Subject to appropriation, funding and staffing for the trust in its efforts shall be assigned to the division of budget and planning of the office of administration.

7. The trust shall hold at least four public meetings annually and shall be subject to the provisions of the open meetings and records law in section 620.010 et seq., RSMo.

Section 7. 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.

Section 8. 1. Work first program benefits shall only be provided to eligible families. The department shall determine eligibility requirements of the work first program, which shall include, but not be limited to:

(1) Participation in work activities, as defined in subdivision (13) of section 1 of this act, unless such requirement is waived for good cause by the department, or unless the recipient is otherwise excluded from such requirement by the provisions of this act;

(2) Residency in the state of Missouri;

(3) Providing the social security number or numbers, if there is more than one number, of each applicant household member and requiring the applicant for or recipient of benefits to cooperate with the department to obtain the required social security numbers;

(4) Requiring an applicant to state in writing during the application process, whether, to the best of the applicant's knowledge, the applicant or any member of the applicant's 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 U.S.C. 802(6). This subdivision shall only apply to convictions occurring after August 22, 1996, which is the date of the enactment of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996;

(5) Compliance with all requirements regarding the assignment of rights and cooperation in securing child support from a noncustodial parent by any recipient of or applicant for benefits, unless such recipient or applicant has good cause for refusing to cooperate, as determined by the department;

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

(7) Income and resource limits as determined by sections 1 to 53 of this act and by the department by rule.

2. The department shall apply uniform standards of eligibility and benefits in all political subdivisions of the state.

3. To maximize the receipt of federal funds, achieve administrative simplicity, coordinate the Medicaid and cash assistance programs, and ensure that needy families receive appropriate levels of benefits, the department may establish additional eligibility criteria for the work first program that are no more restrictive than its July 16, 1996, AFDC eligibility criteria. Such requirement shall not prevent the department from implementing new and innovative methodologies for providing public assistance to needy families. Such methodologies shall be no more restrictive than the AFDC eligibility criteria in effect on July 16, 1996.

4. Notwithstanding subsection 1 of this section, individuals legally residing in the United States but who are ineligible for supplemental security income, due solely to their citizenship status, may be eligible for state-funded assistance pursuant to this program.

Section 9. Work first 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 who refuses to accept vocational rehabilitation services, training, medical or other legal healing treatment necessary to improve or restore that person's capacity to support the person and the person's dependents, and it is certified by competent medical authority designated by the division that such physical or mental incapacity can be removed, corrected or substantially improved; provided, however, the division may in its discretion waive such requirement, taking into consideration the age of the individual, nature and extent of training and treatment, or whether the person endangers the health of others in the person's refusal, whether the training or treatment is such that a reasonably prudent person would accept it, and other facts and circumstances related to an 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 established by the department of social services.

Section 10. The following shall apply to the department's calculation of income and resources for a family receiving work first benefits:

(1) The department shall discontinue the lump sum rule of the former aid to families with dependent children program and shall apply the food stamp program's rule regarding the lump sum method when determining eligibility and benefits for the work first program;

(2) In the calculation of limitations on resources provided in section 208.010, RSMo, for a family receiving work first benefits, the department shall exclude one automobile, the value of the home occupied by the applicant, and up to five thousand dollars in other resources;

(3) Where consistent with federal law or regulation, "income" as established by the department for the work first program, shall not include:

(a) The proceeds of any life insurance policy;

(b) The value of burial lots or any 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. For purposes of this section, "burial lots" means any burial space as defined in section 214.270, RSMo, and any memorial, monument, marker, tombstone or letter marking a burial space;

(c) Earnings of a student in school eighteen years of age or younger;

(d) Child support assurance payments;

(e) Payments from the earned income tax credit;

(f) Any assets accumulated in an individual development account; and

(g) Other exclusions as determined by the department.

Section 11. 1. Work first benefits shall be granted on behalf of a needy child and may be granted to an adult caretaker relative or legal guardian caring for a needy dependent child if the child:

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

(2) Is living with a caretaker relative or legal guardian;

(3) Is a minor; and

(4) Is not eligible for work first program benefits pursuant to section 8 of this act because the child is not living with a parent or stepparent.

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

Section 12. Federal Title IV-E eligibility may be granted to a dependent child:

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

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

(3) Who has been placed in a foster family home, or in either a for profit or nonprofit private child care facility 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 the aid to families with dependent children program pursuant to 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 the child had been living with, and removed from the home of, such a relative and application had been made therefor.

Section 13. 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 who are required to participate in a work activity and who are denied employment due to failing an employer-required controlled substance screening shall have ninety days to become employed with the screening employer or obtain other employment. Notwithstanding such requirement, a recipient may contest or otherwise appeal to the employer the results of any employer-administered controlled substance screening, and, in such instance, the ninety-day period shall not be deemed to have commenced until final disposition of such appeal.

2. Denial of employment after failing a controlled substance screening and failure to become employed within ninety days of the screening, subject to final disposition of any appeal, may result in a sanction of the individual's work first program benefits from a minimum of thirty days but not more than sixty days, as determined by the department, unless resources for drug rehabilitation are unavailable.

3. A recipient who can establish to the satisfaction of the department that the recipient's failure of a controlled substance screening was not caused by use of a controlled substance at any time after his or her application for work first program benefits will be exempt from sanctions for a period of one year following imposition of sanctions pursuant to subsection 2 of this section.

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

Section 14. An individual who has been convicted in accordance with federal or state law after August 22, 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 U.S.C. 802(6), shall be sanctioned for a time period, determined by rule of the department, from receipt of benefits through any program funded or carried out pursuant to Part A of Title IV of the Social Security Act or the Food Stamp Act of 1977; however, sanctions may not be imposed for benefits provided to individuals through the Medicaid for pregnant women program or the Medicaid for children program as set forth in section 208.151, RSMo, HIV positive individuals, or individuals in recovery from or treatment for drug or alcohol addiction, or who have otherwise demonstrated rehabilitation. Provisions of this section shall be implemented on a fair and consistent basis throughout the state.

Section 15. 1. A dependent child eighteen years of age shall, 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.

2. Any sanction imposed by the department for a recipient's failure to comply with requirements of subsection 1 of this section shall continue until the minor child is attending school. Good cause exceptions to such requirement may be made by the department if there is substantial evidence that compliance with the requirement presents a probability of serious harm to the parent, caretaker or minor child.

Section 16. The department may not reduce or terminate assistance under the work first program if the recipient refuses to work, is a single custodial parent caring for a child who has not attained six years of age, and the recipient demonstrates an inability (as determined by the department) to obtain needed child care, for one or more of the following reasons:

(a) Unavailability of appropriate child care within a reasonable distance from the individual's home or work site;

(b) Unavailability or unsuitability of informal child care by a relative or under other arrangements;

(c) Unavailability of appropriate and affordable formal child care arrangements; and

(d) Unavailability of transportation to participate in work activity.

Section 17. 1. The department shall deny benefits through the work first program to or on behalf of:

(1) Any member of a family which includes an adult who has received benefits for sixty months or more, whether or not consecutive, funded through this program or any other state program created and funded by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended, after July 1, 1997, unless:

(a) In any month during which benefits were provided to the individual, the individual:

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 the individual lived on an Indian reservation or in an Alaskan native village as defined in the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended;

(2) An individual who has been convicted in federal or state court of having made a fraudulent statement or representation with respect to the individual's 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, as amended, 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 the individual has been convicted in accordance with 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 in accordance with any federal or state law;

(4) An individual, 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 more than ninety days, or as otherwise designated by the department;

(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 more than ninety days or as otherwise designated by the department.

Section 18. 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 who refuses to accept vocational rehabilitation services or training or medical or other legal healing treatment necessary to improve or restore the 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 that such physical or mental incapacity can be removed, corrected or substantially improved; provided, however, the division may in its discretion waive such requirement, taking into consideration the age of the individual, nature and extent of training and treatment, or whether he or she endangers the health of others in the person'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 established by the department. For the purposes of this subdivision, where consistent with federal law or regulation, "income" as established by the department in conformance with the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended, 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, earnings of a student in school eighteen years of age or younger, child support assurance or earned income.

Section 19. 1. Except as otherwise provided in this section, benefits through the 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 the individual's care and the individual has not successfully completed a high school education or a course of study resulting in a GED certificate, unless the individual participates in:

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

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

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

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

(b) The single custodial parent does not have a parent, legal guardian or other adult relative caretaker who otherwise meets the applicable criteria to act as the 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 physical or emotional harm, sexual abuse or exploitation in the residence of the single custodial parent's own parent, legal guardian or other adult caretaker relative;

(d) The department determines that evidence exists of an act or failure to act that presents a risk of imminent danger to the single custodial parent or the minor child if the single custodial parent and the minor child live in the same residence with the parent's parent, legal guardian or other adult caretaker relative; or

(e) The department otherwise determines that it is in the best interest of the minor child to waive such 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.

3. Only if a minor parent is residing with his or her parent as required in subsection 1 of this section, shall the earned income in excess of one hundred percent of the federal poverty level be deemed as income to the minor parent.

4. Any adult supervised supportive living arrangement provided for in subsection 2 of this section shall be required to meet minimum health and safety regulations as established by the department.

Section 20. 1. The department shall ensure that the minimal work participation requirements and rates, including the required number of hours worked per week, pursuant to Section 407 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended, are met. The department shall endeavor to exceed the minimal work participation requirements and rates to qualify the state for bonus and incentive funds available from the federal government pursuant to Section 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended. The department shall promulgate rules and regulations as are necessary to implement and enforce work participation requirements pursuant to sections 1 to 53 of this act.

2. A parent or a caretaker receiving work first program assistance shall engage in work activity after the department determines through a self-sufficiency assessment that the parent or a caretaker is ready to engage in work, or after the parent or caretaker has received work first program assistance for twenty-four months, whether or not consecutive, whichever is earlier, unless exempted by sections 1 to 53 of this act.

3. A single custodial parent caring for a child under the age of one shall be exempt from the work participation requirements of the work first program; provided, however, that the period of such exemption shall not exceed a total of twelve months. The department shall also exempt an individual from the work participation requirements of the work first program for good cause, including, but not limited to, the following conditions which may render an individual temporarily or permanently incapable of participating in work activities:

(1) The individual is a single custodial parent caring for a child who has not attained six years of age and the individual demonstrates an inability, as determined by the department, to obtain needed child care for one or more of the following reasons:

(a) Unavailability of appropriate child care within a reasonable distance from the individual's home or work site;

(b) Unavailability or unsuitability of informal child care by a relative or under other arrangements;

(c) Unavailability of appropriate and formal child care arrangements;

(2) The age of the individual;

(3) The individual is temporarily or permanently disabled by reason of a physical or mental incapacity;

(4) The individual is the adult caregiver of a dependent disabled by physical or mental incapacity that requires the caregiver's presence in the household;

(5) The individual is in the last trimester of pregnancy.

4. Individuals exempted by the department from participating in a work activity may elect to participate in work activities. Such an election shall not preclude the individual from subsequently being exempted from participation in work activities by the department.

Section 21. Subject to appropriations the department shall provide transition to work benefits, as determined through an individualized assessment of needy families, as a part of the self-sufficiency pact. Such assistance may include, but is not be limited to, the provision of cash benefits, transportation assistance, child care and assistance with expenses related to job placement and employment.

Section 22. Certification that the state has established and is implementing standards and procedures to screen and identify families work support program recipients with a history of domestic violence shall be made by the governor to the Department of Health and Human Services. Recipients so identified shall be referred by the department to the appropriate counseling and support services. The department may waive certain eligibility requirements, such as work participation, time limits, and cooperation on paternity and child support enforcement issues, for those persons who are identified as victims of domestic violence.

Section 23. 1. The department shall establish a system of sanctions that shall be imposed regarding an individual's 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 section 8 of this act. Such system of sanctions shall set forth the types of benefits for which a sanctioned individual shall be disqualified and the period of time that such sanctioned individual will remain disqualified from receiving such benefits. The state may reduce the amount of assistance otherwise payable to the family pro rata without considering the head of the household with respect to any period during a month in which the individual refuses to engage in work requirements in accordance with the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended. Imposition of such sanctions shall be subject to good cause and such other exceptions, as are established by the department; provided however, that sanctions shall not be imposed for benefits provided through Medicaid. Notwithstanding the provisions of section 208.180, RSMo, to the contrary, 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 and child support assurance benefit programs only after the individual is in compliance on a monthly basis with the work activities requirements.

2. Prior to imposing a sanction, the department shall make a reasonable effort to resolve disputes when a recipient of benefits through the work first program fails to meet the program requirements. Reasonable efforts shall include a written notice to the recipient of an intent to sanction. The notice shall include actions the recipient may take to avoid sanctions, an offer to discuss barriers to participation and, if appropriate, alternative program provisions that may be incorporated in a self-sufficiency pact.

Section 24. 1. An applicant or recipient may request the director of the division, or the director's designee, to review an application denial, or any sanction, reduction or termination of any benefits, support services, the recipient's self-sufficiency pact or any of its provisions. The recipient's benefits shall continue until a decision is issued. After receiving review, a recipient who is still aggrieved may appeal the results of such review in accordance with the procedures in section 208.080, RSMo. No sanction or termination of benefits shall be imposed on any recipient until there is a final disposition of any appeal in accordance with the provisions of section 208.080, RSMo.

2. Upon the termination of any benefits or supportive services of a recipient by the division as a sanction authorized pursuant to the provisions of sections 1 to 53 of this act, the recipient shall be afforded an opportunity to request a post-termination hearing within thirty days with an opportunity for the participant to be heard.

3. Notwithstanding the provisions of section 208.080, RSMo, to the contrary, the hearing pursuant to section 208.080, RSMo, shall be conducted by the director of the division or an authorized designee to include an administrative hearing officer in the administrative hearing unit of the division of legal services. The hearing may be either in person or by telephone at the request of the recipient. 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. An appellant shall have the right to object to holding the hearing outside the appellant's county of residence if such location creates a hardship for the appellant. The appellant shall be notified in writing of the right to object for a hardship. If an objection is made, the hearing officer shall relocate the hearing location unless the claim of hardship is alleviated or found to be without merit.

Section 25. 1. The department, through the families work program, shall establish the "Child Support Assurance Program". The child support assurance program shall provide assistance to children who meet specific eligibility requirements.

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

3. To participate in the child support assurance program:

(1) The child's custodial parent shall be employed and have an earned gross income which does not exceed one hundred percent of the federal poverty limit by household size;

(2) The department shall ascertain whether the child's noncustodial parent has a legal order to pay child support;

(3) The department shall establish a child support assurance payment that further supports parental responsibility and self-sufficiency.

4. When a custodial parent's earnings exceed the federal poverty limit for the household size, the child support assurance assistance shall end.

5. The department shall design the necessary administrative procedures for the timely review of the custodial parent's earnings.

6. When a custodial parent is receiving a cash grant from the department to support the family, and the custodial parent begins and receives earnings from an employer, if the custodial parent meets the eligibility requirements of the child support assurance program, child support assurance assistance shall be initiated for the minor child. When the earned income of the house exceeds the standard of need and the family is no longer eligible to receive work first cash assistance, the household shall be eligible to receive child support assurance assistance.

7. The child support assurance program defined in this section shall be funded through the work first fund, the Missouri general revenue maintenance of effort fund and other appropriations made by the state legislature.

8. If the funds available to the department for the payment of child support assurance program assistance shall, at any time, become insufficient to pay the full amount thereof, the amount of any payment to or on behalf of such persons shall be reduced pro rata in proportion to such deficiency in the total amount available.

Section 26. 1. An adult receiving benefits through the work first program, including a supplemental wage assistance employment position, may fill a vacant employment position in order to engage in work activities. An employer shall provide to such individuals the full benefits and protections as provided to similarly situated employees who are not receiving work first benefits, including without limitation:

(1) Protection from workplace injury and unemployment benefits pursuant to the worker's compensation laws;

(2) Protection from discrimination by race, gender, age, disability or national origin pursuant to local, state and federal laws;

(3) Due process rights for discipline, layoffs or firings that are offered to other workers in the same or similar positions;

(4) Federal and state minimum wage, or prevailing wage, if applicable;

(5) Occupational safety and health administration coverage, if applicable;

(6) The Fair Labor Standards Act; and

(7) All existing laws governing the right to organize.

2. No worker who is currently employed shall be displaced by any recipient of benefits through the work first program, including partial displacement, such as a reduction in the hours of nonovertime work, wages or employment benefits. No program or benefit provided pursuant to this act shall impair existing contracts for services or collective bargaining agreements, except that no programs pursuant to sections 1 to 53 of this act which would be inconsistent with the terms of a collective bargaining agreement shall be undertaken without the written concurrence of the labor organization and employer concerned.

3. No participant whose wages are subsidized pursuant to sections 1 to 53 of this act shall be employed or job opening filled when, after the effective date of this act:

(1) Such filling of a position would otherwise be a promotional opportunity for current qualified employees;

(2) A strike, lockout or other bona fide labor dispute, or a violation of any existing collective bargaining agreement exists between current employees and the employer; or

(3) The vacant position was created by or will cause a termination, layoff, hiring freeze or reduction in workforce, or a reduction of regular hours, wages or benefits of those persons currently employed.

4. Where a labor organization represents a substantial number of employees who are engaged in similar work or training in the same area as that proposed to be funded pursuant to sections 1 to 53 of this act, an opportunity shall be provided for such organization to submit comments with respect to such proposal.

5. An individual who believes that he or she has been adversely affected by a violation of this section, or the organization that is duly authorized to represent an employee who believes that he or she has been adversely affected by a violation of this section, shall be afforded an opportunity to file a complaint with the Missouri department of labor and industrial relations. The department of labor and industrial relations may require an individual to attempt to meet with the employer in an effort to resolve the complaint. If the complaint is not resolved to the satisfaction of the individual or his or her authorized representative, the individual may request a hearing which shall be conducted in accordance with rules and notification requirements adopted by the department of labor and industrial relations. The department shall render a decision within forty-five days of the hearing.

6. Nothing in this section shall be construed to prevent a collective bargaining agreement from containing additional protections for covered employees.

Section 27. 1. The department shall establish a direct placement program to operate in every county and city not within a county. The program shall identify employers or job vacancies to which recipients may be referred for interviews and possible employment.

2. Any recipient referred to the direct placement program who refuses to go for or does not attend an interview established through the program, without good cause, shall be sanctioned according to the provisions of section 23 of this act.

Section 28. 1. The department shall implement programs which provide participants with incentives to work.

2. The department shall implement policies which are designed to reduce a family's dependence on welfare by increasing the earned income disregards allowed to 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.

3. The department shall establish individual development accounts whereby individuals receiving work first program benefits may accumulate assets for specific purposes as defined in the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended, or other uses as described in the recipient's self-sufficiency pact.

4. The 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.

Section 29. 1. The department in conjunction with community colleges and vocational schools shall develop pilot programs utilizing a coordinated approach to enable public assistance recipients to obtain an education that leads to permanent full-time employment with benefits while ensuring that they meet the work participation requirements pursuant to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended.

2. At least one pilot program shall be established with a community college and at least one with a vocational school. The pilot programs shall include activities in which will count towards the work participation rate such as:

(1) Work/study employment;

(2) Cooperative work experience where students earn units of college credit for their work;

(3) Internships where students obtain practical work experience in the occupational field in which they are training;

(4) Community service programs where students perform community service work in their field of study while earning a stipend for future continued education; or

(5) Work opportunity agreements where students who participate in a work opportunity program with private business are guaranteed employment in the field of their training at the successful completion of their education.

3. Community college and vocational school staff shall coordinate services for students.

4. Subsidized child care shall be provided while public assistance recipients are participating in the pilot program.

Section 30. Notwithstanding any other provisions of sections 1 to 53 of this act to the contrary, the division of family 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 division knows to be unlawfully in the United States.

Section 31. The maximum amount of monthly public assistance cash benefits payable to or on behalf of a needy person shall not exceed 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:

(1) Beginning July 1, 1997, 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;

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

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

Section 32. 1. The department shall enroll work first program recipients in self-sufficiency pacts established by this section.

2. Self-sufficiency pacts developed and utilized by the department in conjunction with the implementation of the families work 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 work first 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 an 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. The division shall complete family self-sufficiency pact assessments or may contract with other agencies for this purpose, subject to appropriation.

5. Family assessments shall be used in the development of 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 self-sufficiency pact shall conclude. The self-sufficiency pact is subject to reassessment and may be extended, but the maximum term of any self-sufficiency pact shall not exceed a total of sixty months. Family self-sufficiency pacts shall be completed and entered into within three months of the initial assessment.

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

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

(2) The recipient and, if appropriate, another family member or other individual designated by the family.

7. The family self-sufficiency pact shall:

(1) Be in writing and establish mutual state and family member obligations as part of a pact 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 that will be provided to meet the goals of the family's self-sufficiency pact;

(3) Include a parent and child development plan to develop the skills and knowledge of adults in their role as parents to their children and, where applicable, partners to their spouses, and shall include school participation records.

8. The department 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. The terms of the family self-sufficiency pact may only be extended due to circumstances creating barriers to self-sufficiency. The family self-sufficiency pact shall be updated and adjusted to identify and address the removal of such barriers to self-sufficiency.

10. Where the capacity of services does not meet the demand for such services, limited services may be substituted and the self-sufficiency 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.

11. The division shall establish a training program for personnel to assist in the implementation of self-sufficiency pacts which shall include, but shall 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;

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

(4) Skills in identifying barriers to employment, such as education, job readiness, child care, transportation, domestic violence and other relevant topics; and

(5) Missouri's implementation of the Personal Responsibility and Work Opportunities Reconciliation Act of 1996, as amended.

12. The division shall ensure that families enrolled in the work first program make full use of the federal earned income tax credit.

Section 33. To promote diverse approaches to the problems of poverty and to encourage maximum local participation and volunteerism, the "Community Organization Program" is hereby created as a pilot program in the state of Missouri.

Section 34. The community organization program shall be organized by the department of social services in two Missouri counties. Any county desiring to be eligible to participate shall be required to provide the department of social services with no less than five written statements from organizations within the county declaring their intent to act as partners in the community organization program. There shall be a publicized competitive bid process for selecting the participating organizations. As a result of such contracts, there shall be no displacement of current state workers who distribute public assistance.

Section 35. As used in sections 33 to 47 of this act, the following terms shall mean:

(1) "Community organization", any of the following which chooses to dispense public assistance to qualified individuals and meets the requirements set forth in section 44 of this act:

(a) A governmental body;

(b) A not for profit corporation established pursuant to chapter 355, RSMo;

(c) An organization that has obtained an exemption from the payment of federal income taxes as provided in section 501(c)(3) of Title 26, United States Code, as amended; or

(d) An educational organization exempt from taxation pursuant to the Missouri or United States Constitution;

(2) "Director", the director of the division of family services;

(3) "Division", the division of family services;

(4) "Program", the community organization program established pursuant to section 33 of this act;

(5) "Public assistance", the in kind or other payment to which a qualified individual is entitled;

(6) "Qualified individuals", any individual who receives any cash or in kind payment, or any other public assistance administered by the division of family services;

(7) "Taxpayer", a person, firm, partner in a firm, corporation or shareholder in an S corporation doing business in the state of Missouri and subject to the state income tax imposed by the provisions of chapter 143, RSMo, or a corporation subject to the annual corporation franchise tax imposed by the provisions of chapter 147, RSMo, or an insurance company paying an annual tax on its gross premium receipts in this state, or other financial institution paying taxes to the state of Missouri or any political subdivision of this state pursuant to the provisions of chapter 148, RSMo, or an express company which pays an annual tax on its gross receipts in this state pursuant to chapter 153, RSMo, or an individual subject to the state income tax imposed by the provisions of chapter 143, RSMo.

Section 36. The provisions of chapter 208, RSMo, to the contrary notwithstanding, qualified individuals may participate in the community organization program as established in sections 33 to 47 of this act.

Section 37. The qualified individuals who elect to participate in the program shall enter into a self-sufficiency pact, as defined in section 208.325, RSMo, with a community organization of the qualified individual's choosing to provide services pursuant to section 40 of this act. No qualified individual shall enter into more than one arrangement with a community partnership organization concurrently.

Section 38. 1. The division shall:

(1) Determine and publicly disclose the aggregate amount of public assistance to be dispersed for the work first program and the total costs for administering such assistance as a percentage of such gross amount;

(2) Calculate the public assistance to be distributed to qualified individuals who choose to participate in the program in the same manner as the public assistance distributed to those individuals who elect not to participate;

(3) Not reduce the monthly cash public assistance of those who elect not to participate in the program based upon the amount of moneys transferred to the community organization program fund pursuant to this section;

(4) Not set a public assistance amount for qualified individuals who elect to participate in a community organization program that is less than the public assistance amount of those who do not participate in the program;

(5) Develop standardized forms for the agreements between the division and community organizations and between qualified individuals and community organizations;

(6) Provide qualified individuals with information on a regular basis of any community organizations available within the geographical area of the qualified individual;

(7) Establish a hotline for qualified individuals to register complaints on community organizations for noncompliance of the terms of duly executed arrangements.

2. Payments to implement sections 33 to 47 of this act shall be made from the community partnership program fund created in section 46 of this act.

Section 39. Any community organization may contract with the division to provide assistance to qualified individuals who elect to participate in a community organization program.

Section 40. Any community organization, in establishing and maintaining a community organization program, may:

(1) Charge the department a fee for the provision of services equal to the amount of the community organization's administrative costs for providing such services; however, the community organization shall not charge a fee which, as a percentage of the public assistance distributed, exceeds ten percent;

(2) Supplement the public assistance to which a qualified individual, who has entered into an agreement with the community organization pursuant to section 37 of this act, with additional cash grants, gifts, or services, including, but not limited to, the following:

(a) Child day care in a child day care center;

(b) Job training;

(c) Transportation;

(d) Food or household necessities;

(e) Remedial education;

(f) Parenting instruction; or

(g) Health benefits.

Section 41. As a condition of the receipt of public assistance or any other support provided by a community organization, including those services set out in section 40 of this act, a community organization may not require the qualified individual to:

(1) Perform any illegal act; or

(2) Attend any religious worship service.

Section 42. Qualified individuals who fail to meet the requirements of a duly executed agreement with a community organization shall forfeit to the division, upon a fifteen-day notice to the qualified individual and the division, any increase in their public assistance provided for in section 45 of this act over that which the qualified individual would otherwise receive and shall forfeit to the community organization any other supplemental support provided by the community organization pursuant to section 40 of this act. The forfeiture shall continue until a qualified individual is deemed by the community organization under terms established by the division or by the division to be in compliance with the provisions of the agreement, or until the agreement is terminated by the qualified individual or the community organization pursuant to section 33 of this act. If an agreement between a community organization and a qualified individual is terminated, the qualified individual shall be deemed to be a nonparticipant in the program for a period of thirty days or until such qualified individual enters or reenters into an agreement with a community organization, whichever is less. Those recipients deemed to be nonparticipants due to termination of an agreement shall receive cash assistance as otherwise provided for by law.

Section 43. Every duly executed agreement between a qualified individual and a community organization shall contain a provision allowing the qualified individual or the community organization the right to rescind the agreement upon thirty days' notice to the division and to all parties to such agreement.

Section 44. The division shall require community organizations to meet the following conditions before entering into or reentering into any agreement with the division for the provision of services pursuant to section 40 of this act:

(1) Meet the definition established in section 35 of this act for community organizations;

(2) Be in existence for a period of at least five years before they are eligible for the program;

(3) Demonstrate to the division, through a written report, the services that are to be provided;

(4) Allow audits of public assistance distributed to recipients pursuant to sections 37 and 38 of this act;

(5) Agree that the community organization shall not discriminate on the basis of race, sex, age, disability, religion or national origin; and

(6) The department shall establish and maintain a system for addressing the grievances of those qualified individuals affected by the agreement with the division.

Section 45. Community organizations may actively seek private donations to support and supplement a community organization program.

Section 46. The "Community Organization Program Fund" is hereby created in the state treasury to support the provisions of sections 33 to 47 of this act. Moneys shall be appropriated to the fund to provide public assistance to qualified individuals that are at least equal to the public assistance that such individuals would otherwise receive plus an amount at least equal to ten percent of the total amount transferred or the amount of savings resulting from implementation of the program. Moneys in the community organization program fund that are not required to meet or augment the community organization program funding requirements of the state in any fiscal year shall be invested by the state treasurer in the same manner as other surplus funds are invested. Interest, dividends and moneys earned on such investments shall be credited to the community organization program fund. Such fund may also receive gifts, grants, contributions, appropriations and funds or public assistance from any other source or sources and make investments of the unexpended balances thereof.

Section 47. The family investment trust shall make recommendations to the division on ways to improve or expand the program.

Section 48. 1. Notwithstanding any other provision of law to the contrary, payment of benefits pursuant to the electronic benefits transfer (EBT) system provided for in section 208.182, RSMo, shall be made at regular intervals as determined by the department of social services.

2. All payment of benefits pursuant to section 208.182, RSMo, shall be made through the EBT system unless the recipient owns a personal bank account. The term "electronic funds transfer" (EFT) means any transfer of funds, other than a transaction originated by cash, check or other similar paper instrument, that is initiated through an electronic terminal, telephone, computer or magnetic tape for the purpose of ordering, instructing or authorizing a financial institution to debit or credit an account. A financial institution includes a state- or federally-chartered bank, credit union, or savings and loan association.

3. Individuals who are scheduled to receive cash assistance benefits administered by the department and have a personal bank account shall use the EFT system. Any recipient who does not own a personal bank account shall receive such assistance through the EBT system referred to in section 208.182, RSMo.

4. Electronic payment under the EFT system shall be by direct deposit into a recipient's bank account. Prior to receipt of benefits, a recipient shall:

(1) Designate a financial institution to which such direct deposit payments shall be made; and

(2) Provide to the department of social services the information necessary to receive direct deposits.

5. If, at any time during the period of eligibility, a recipient obtains a bank account or the division becomes aware of the existence of a bank account suitable for direct deposit, the recipient shall be required to provide the division the information necessary to begin receiving benefits by direct deposit. The division shall be authorized to impose an appropriate sanction against any recipient who fails to comply with this provision.

Section 49. 1. A person commits the crime of EBT fraud if such person:

(1) Without the consent of the cardholder and knowing that the cardholder has not given consent, uses or attempts to use an EBT card to obtain a public assistance benefit issued for the use of another individual;

(2) Uses or attempts to use an EBT card knowing it to be stolen or counterfeit;

(3) Sells or transfers a card knowing that:

(a) The cardholder and issuer have not authorized such person to use the card; or

(b) The card is stolen or counterfeit;

(4) Furnishes money, goods, services or anything else of value upon presentation of an EBT card knowing it to be counterfeit or revoked, and knowing that it is presented by a person without authority to use the card;

(5) Is authorized by an issuer to furnish money, goods, services or anything else of value, and does so knowingly and with the intent to defraud the issuer or the cardholder;

(6) Represents in writing to the issuer that such person has furnished money, goods, services or anything else of value which has not in fact been furnished;

(7) With intent to defraud, falsely notifies the issuer or any other person of a theft, loss, disappearance or nonreceipt of an EBT card;

(8) Without the consent of the cardholder and knowing that the cardholder has not given consent, falsely alters, makes or signs a written document regarding an EBT card transaction to obtain or attempt to obtain the property of another;

(9) Knowingly receives an EBT card to which such person is not lawfully entitled or for which such person has not applied and been approved by the department to receive;

(10) Knowingly engages in any transaction to convert EBT benefits to other property contrary to statutes, rules or regulations, either federal or state, governing the EBT program; or

(11) Creates a counterfeit EBT card, including any card which is fictitious, altered or forged by any unlawful means.

2. EBT fraud is a class D felony unless the value of the benefits unlawfully obtained or attempted to be obtained is less than one hundred fifty dollars in which case it is a class A misdemeanor. The value of benefits unlawfully obtained or attempted to be obtained may be aggregated in determining the grade of the offense.

Section 50. 1. The department shall establish procedures to ensure that consumers receiving public assistance through the EBT systems are protected as follows:

(1) The department shall reimburse the recipient for any loss of public assistance benefits resulting from the unauthorized transfer of funds that occurred prior to the report of the loss, except that no reimbursement shall be required if the department determines:

(a) That recipient fraud has occurred; or

(b) The transfer was initiated with a valid access device and personal identification number, unless force, duress or coercion was involved;

(2) In cases involving force, duress or coercion, the following procedures shall apply, unless waived by the department upon a showing of good cause:

(a) Within twenty-four hours of the incident or the victim's discovery of the loss, whichever first occurs, the victim shall:

a. File a written report of the incident with a local law enforcement agency, such as a police department or sheriff's office;

b. Cancel the EBT card by contacting the 800-number provided by the department; and

c. File a written report of the incident and provide a sworn affidavit to the victim's caseworker or other department representative;

(b) The victim shall provide a copy of the law enforcement agency report to the victim's caseworker or other department representative within a reasonable period of time;

(c) The victim shall cooperate with any agency subsequently investigating the incident or with any agency subsequently pursuing legal action regarding the reported unauthorized transfer of benefits, including but not limited to, serving as a witness in a legal proceeding involving the incident;

(3) A recipient who receives reimbursement from the department for an alleged unauthorized transfer of benefits and who subsequently fails or refuses to cooperate with any investigatory agency or agency attempting to pursue legal action regarding the alleged loss, or who knowingly makes a false report in connection with an alleged unauthorized transfer of benefits shall be subject to appropriate sanctions to be determined by the department. Such sanctions may include reduction of benefits for a period of up to one year, suspension of public assistance benefits for a period of up to ten years, and termination of eligibility, and may be imposed in addition to any applicable criminal penalties;

(4) Any replacement of food stamp benefits lost by a recipient as a result of force, duress or coercion is subject to the availability of federal funding and waiver approval from federal authorities;

(5) The replacement of benefits pursuant to this section may be limited by the department to one instance per victim or household within a one-year period.

2. A recipient of electronic benefit transfers shall have no liability for any unauthorized transfer of funds from the recipient's account, provided the recipient notifies the department of the following:

(1) The recipient's access device and personal identification number are missing;

(2) The recipient's personal identification number has been compromised and a new personal identification number is requested to be assigned; and

(3) The recipient has withdrawn authorization to a person who had previous authorization to use the access device.

3. An immediate hold shall be placed on an account by the department at the time notice is received from a recipient that a card or personal identification number requires replacement. The department or its agent shall maintain a record showing the date and time of any report by a recipient that a card is lost or stolen.

4. A recipient shall have no liability for funds that are missing from an electronic benefit transfer account when the loss of funds is caused by a system error, fraud by a third party, automatic teller machine dispensing error, or any other circumstance beyond the control of a recipient.

Section 51. 1. The department shall establish provisions for safeguarding confidential information and protecting the privacy of individuals and families receiving benefits through the families work act. Such provisions and safeguards shall not prohibit the department from exchanging information with other state agencies, departments and community organizations which are held to the same or similar standards regarding safeguarding an individual's privacy and the confidentiality of information, and which are involved in assisting families to achieve self-sufficiency.

2. The department shall compile case record information on recipients of the families work support act and other state program performance information pursuant to section 411 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended, and submit a quarterly report containing such information to the Department of Health and Human Services.

3. The department shall review and analyze its statewide data base on public assistance recipients and report detailed summary information to the joint legislative social services block grant oversight committee created pursuant to section 52 of this act.

Section 52. Every county office of the division shall make available a directory or guide to statewide and local services available to low-income families.

Section 53. 1. In any action challenging any rule promulgated pursuant to the provisions of this act, the agency, as defined in section 536.010, RSMo, promulgating such rule shall be required to prove by a preponderance of the evidence that the rule or threatened application of the rule is valid, authorized by law, not in conflict with any law, and not arbitrary or capricious.

2. The court shall award reasonable fees and expenses, as defined in section 536.085, RSMo, to any party who prevails in such action.

3. All rules promulgated pursuant to the provisions of this section shall expire on August twenty-eight of the year after the year in which the rule became effective, unless the general assembly extends the rule or set of rules by statute beyond such date to a date specified by the general assembly.

4. Any rulemaking authority granted pursuant to the provisions of this act is subject to any rulemaking authority contained in chapter 536, RSMo, including any subsequent amendments to chapter 536, RSMo.

5. The provisions of this section shall terminate if legislation amending the provisions of section 536.024, RSMo, has been signed into law prior to the effective date of this act.

[161.193. 1. As used in this section, the word "council" means the state council on vocational education assigned to the department of elementary and secondary education by executive orders 85-3 and 85-5 in 1985.

2. The council shall provide to the department of economic development, the education committees of the house of representatives and the senate, and the appropriations committees of the house of representatives and the senate copies of all reports which the council is required to submit or does submit to the state board of education, the governor, the state job training coordinating council, the secretary of education and the secretary of labor, or any of the above.]

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

(1) Received AFDC 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 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.

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. 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. 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. 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. 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. 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. 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. 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. 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 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.]

[620.521. Sections 620.521 to 620.530 shall be known and may be cited as the "Missouri Training and Employment Council Act".]

[620.523. 1. There is hereby established the "Missouri Training and Employment Council".

2. The Missouri training and employment council shall study and make recommendations regarding the improvement of the state's job training service delivery network. Such recommendations will consider improved federal and state resource use and expanded coordination of state job training and employment activities with other related activities. Using the results of interdepartmental collaboration at early stages of policy formation, the council shall propose a statewide training and employment policy and a periodically updated plan of services for achieving Missouri's objective of full employment. The council shall serve as a forum for public and private sector representation to encourage cooperative uses of training and employment funding, facilities and staff resources for a more comprehensive and coordinated statewide system.

3. The Missouri training and employment council shall consist of thirty members appointed by the governor with the advice and consent of the senate. The governor shall designate one nongovernmental member to be chairman. The council shall be composed as follows:

(1) Thirty percent of the membership shall be representatives of business, industry and agriculture, including individuals who are representatives of business, industry, and agriculture on private industry councils, job service employer committees or local education advisory committees within the state;

(2) Thirty percent of the membership shall be:

(a) Members of the general assembly and state agencies and organizations. One representative each from the department of economic development, the department of elementary and secondary education, the department of labor and industrial relations and the department of social services shall be appointed;

(b) Representatives of the units or consortia of units of general local government which shall be nominated by the chief elected officials of the units or consortia of units of local government and the representatives of local educational agencies who shall be nominated by local educational agencies. One community college president or chancellor, one representative of the state council on vocational education and one director of an area vocational school shall be appointed to the council. To the extent feasible, such appointees shall have knowledge of or experience with economic development, job training, education or related areas;

(3) Thirty percent of the membership shall be representatives of organized labor and representatives of community-based organizations in the state;

(4) Ten percent of the membership shall be representatives of the general public.

The composition and the roles and responsibilities of the Missouri training and employment council membership may be amended to comply with any succeeding federal or state legislative or regulatory requirements governing training and employment programs, except that the procedure for such change shall be outlined in state rules and regulations and adopted in the bylaws of the council.

4. Each member of the council shall serve for a term of four years and until a successor is duly appointed; except that, of the members first appointed, six members shall serve for a term of four years, eight members shall serve for a term of three years, eight members shall serve for a term of two years and eight members shall serve for a term of one year. Each member shall continue to serve until a successor is duly appointed. The council shall meet at least four times each year at the call of the chairman.

5. The members of the council shall receive no compensation, but shall be reimbursed for all necessary expenses actually incurred in the performance of their official duties.]

[620.527. 1. The Missouri training and employment council shall:

(1) Review studies of occupational trends, employment supply and demand, industry growth, job training program participation, labor force literacy and early warning signals that industries are beginning to decline or are in danger of closing;

(2) Report to the governor and to the general assembly regarding statewide training and employment policies which have been developed in concert with interagency assistance from the department of economic development, the department of elementary and secondary education, the department of labor and industrial relations, the department of social services and other agencies delivering training and employment services;

(3) Prepare and submit to appropriate state and local agencies a statewide plan for full-employment services including such activities as labor exchange, job training or retraining, job development, job placement services and labor force literacy;

(4) Work through various state agencies delivering training and employment services to review interagency coordination and program effectiveness;

(5) Review and report to the governor innovative proposals for training and employment programs; and

(6) Encourage the participation of government, business and industry, and unions or other labor organizations, for providing assistance to dislocated workers, in communities where plant closures occur.

2. The roles, responsibilities and duties of the Missouri job training coordinating council established by Missouri executive order 88-8 are hereby assigned to the Missouri training and employment council. The Missouri training and employment council shall perform all council functions required by the federal Job Training Partnership Act, as amended, as well as the expanded requirements defined by sections 620.521 to 620.530.]

[620.528. No later than September 1, 1992, the Missouri training and employment council shall submit to the governor and to the general assembly a proposed statewide training and employment policy. This policy shall address public and private participation toward achieving Missouri's objective of full employment. The policy shall also address methods to improve federal and state resource use in the providing of job training services and coordination of training and employment activities with other related activities.]

[620.529. 1. The Missouri training and employment council shall prepare and recommend a statewide training and employment plan for consideration by appropriate state and local agencies by 1993. The plan shall be reviewed annually and updated periodically and shall propose implementation timetables, measurable objectives and specific courses of action. The plan shall describe possible cooperative uses of training and employment funding, facilities and staff resources whenever feasible and shall focus on the development of a more coordinated training and employment delivery system.

2. The plan shall include provisions to accomplish the following objectives by the administering agencies:

(1) Provide a streamlined intake and assessment process for persons seeking training and employment assistance;

(2) Target appropriate skill areas for training so that persons are trained for positions expected to exist in the labor market;

(3) Allow workers with obsolete or inadequate skills to have their skills upgraded while retaining employment;

(4) Retrain workers displaced by high technology industry and plant closings to reenter the Missouri workforce;

(5) Involve business and industry in the planning, operation and evaluation of training programs;

(6) Encourage and assist local educational agencies, vocational technical schools and post-secondary institutions to coordinate their curricula and course selections with the changing needs of business and industry;

(7) Develop programs to improve the use of apprenticeship as a method of instruction in Missouri.

3. The objectives listed in subsection 2 of this section shall be the foundation for interagency efforts to coordinate services and offer programs which maximize resources to meet Missouri's workforce needs while recognizing various agency roles and responsibilities.]

[620.537. 1. The department of economic development shall commission a new targeted industries study to identify those general areas of the Missouri economy where growth and increased employment is likely to occur in the next decade, and to ascertain necessary, associated work force skills and requirements. The completed study shall be distributed to all Missouri state agencies which provide job training services in order to promote collaboration in the development of employment projections and in the delivery of training services, and to any local economic development agency requesting a copy of such study.

2. The Missouri training and employment council, in conjunction with the state's private industry councils, the state's community colleges, the state's area vocational technical schools, community action agencies, as defined in section 660.370, RSMo, the department of economic development, the department of elementary and secondary education, the department of labor and industrial relations, the department of social services, and the Missouri state council on vocational education shall initiate a study regarding the value of a clustered or regional focus on job training, including the establishment of customized, technical training centers and utilization of portable equipment. Emphasis will be placed on the determination of broad occupational training needs.]

[660.526. The division of family services shall ensure that all employees and persons with contracts with the division and who specialize in either the treatment, prosecution, or investigation of child sexual abuse cases receive a minimum of fifteen hours of annual training. Such training shall be in the investigation, prosecution, treatment, nature, extent and causes of sexual abuse.]

          Section B. Because immediate action is necessary to ensure no loss of federal funding, this act is deemed necessary for the immediate preservation of the public health, welfare, peace and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and this act shall be in full force and effect on July 1, 1997, or upon its passage and approval, whichever later occurs.