CHAPTER 335
H.P. 377 - L.D. 479
An Act Concerning Eligibility for ASPIRE-TANF Participation in Households where an Individual has a Physical or Mental Health Disability
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §3785-A is enacted to read:
Prior to imposing a sanction against an individual, the department must complete the sanction process, which includes the following.
1. Procedures. Prior to imposing a sanction against an individual for failure to comply with Temporary Assistance for Needy Families or ASPIRE-TANF rules, the department shall:
A. Thoroughly review the circumstances of the individual;
B. Provide the individual with a notice that states the basis for the sanction and a complete list of good cause reasons as set forth in section 3785;
C. Provide the individual with an opportunity to inform the department of good cause circumstances under section 3785; and
D. Obtain supervisory approval of the recommendation of the case manager to impose a sanction.
2. Information and report. The department shall maintain the following data, compiled and maintained by county and by calendar month, regarding the imposition of sanctions:
A. The number of sanctions recommended by case managers to supervisors; and
B. The number of sanctions denied or approved and imposed by the department.
3. Rulemaking. The department shall adopt rules to implement the sanction procedures required by this section. Rules adopted pursuant to this section are routine technical rules as defined by Title 5, chapter 375, subchapter II-A.
Sec. 2. 22 MRSA §3788, sub-§3, as amended by PL 1997, c. 530, Pt. A, §26, is further amended to read:
3. Assessment. Each participant's case manager shall conduct an assessment to determine that individual's education, training and employment needs based on available program resources, the participant's skills and aptitudes, the participant's need for supportive services, local employment opportunities, the existence of any good cause circumstances under section 3785 and, to the maximum extent possible, the preferences of the participant. The department shall document findings in the participant's case record indicating any barriers to participation, including, but not limited to, any physical or mental health problems or other good cause circumstances specified in section 3785.
Sec. 3. 22 MRSA §3788, sub-§11, ¶D is enacted to read:
D. If a claim of disability or other good cause is made by a participant, the department shall assess the circumstances of the claim. If good cause is found to exist, the department shall offer reasonable alternative participation requirements and document them in the participant's family contract and case record.
Effective September 21, 2001, unless otherwise indicated.
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