An Act To Amend the Laws Governing the Temporary Assistance for Needy Families Program
Maine Legislature, Session 126, LD 1842
Committee: Health and Human Services
Sponsors: GILLWAY, HAMPER, FITZPATRICK, NADEAU, SANDERSON, SIROCKI, WALLACE, WHITTEMORE
Amends: 19-A MRSA §2605, 22 MRSA §16, 22 MRSA §21, 22 MRSA §22, 22 MRSA §3762, 22 MRSA §3763, 22 MRSA §3769, 22 MRSA §3785, 22 MRSA §3785-A, 22 MRSA §3788, 22 MRSA §3789-D

Legislative Document 
No. 1842 
H.P. 1324 
House of Representatives, March 21, 2014 
An Act To Amend the Laws Governing the Temporary Assistance 
for Needy Families Program 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative GILLWAY of Searsport.  (GOVERNOR'S BILL) 
Cosponsored by Senator HAMPER of Oxford and Representatives: FITZPATRICK of 
Houlton, NADEAU of Fort Kent, SANDERSON of Chelsea, SIROCKI of Scarborough, 
WALLACE of Dexter, Senator: WHITTEMORE of Somerset. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  19-A MRSA §2605, sub-§1, ¶A, as amended by PL 1997, c. 530, Pt. A, 
§4, is further amended to read: 
A.    "Public assistance" means public assistance as provided under Title 22, section 
3173, 3271, or 3762 or 3790. 
Sec. 2.  22 MRSA §16, sub-§1, ¶C, as amended by PL 1997, c. 530, Pt. A, §7, is 
further amended to read: 
C.  "Public assistance" means aid, assistance or benefits available through: 
(1)  A program of temporary assistance for needy families administered in this 
State pursuant to chapter 1053-B or the Parents as Scholars program pursuant to 
chapter 1054-B; 
(2)  A program of medical assistance administered in this State pursuant to 
chapter 855; or 
(3)  Any other program that is based on need and is conducted or administered by 
this State. 
Sec. 3.  22 MRSA §21, sub-§8-A, as enacted by PL 1997, c. 530, Pt. A, §9, is 
repealed. 
Sec. 4.  22 MRSA §22, first ¶, as amended by PL 1997, c. 530, Pt. A, §10, is 
further amended to read: 
The department is authorized to establish an electronic benefit transfer system for the 
issuance of benefits under the AFDC, food stamp, Temporary Assistance for Needy 
Families, Parents as Scholars and Medicaid programs. 
Sec. 5.  22 MRSA §3762, sub-§4, as enacted by PL 1997, c. 530, Pt. A, §16, is 
amended to read: 
4.  Promoting support by both parents.  The department shall enforce laws and 
establish policies to ensure that both parents contribute to the economic support of their 
child or children and to promote every child's right to economic support from both 
parents.  Applicants for and recipients of assistance may refuse to cooperate in the 
establishment of paternity or child support enforcement for good cause related to 
domestic violence, including situations when cooperation may result in harm to the parent 
or child, or when the child was conceived as a result of incest or rape.  Evidence 
supporting a good cause determination includes, but is not limited to, the evidence 
specified in section 3785, subsection 13.  The department shall notify all applicants and 
recipients orally and in writing of the availability of this determination.  When a 
determination of good cause is made by the department, the department may not impose 
sanctions or penalties against the applicant or recipient or engage in any other activity 
that could subject any member of the family to harm. 
Sec. 6.  22 MRSA §3762, sub-§10, as enacted by PL 1997, c. 530, Pt. A, §16, is 
repealed. 
Sec. 7.  22 MRSA §3762, sub-§12, as enacted by PL 1997, c. 530, Pt. A, §16, is 
repealed. 
Sec. 8.  22 MRSA §3762, sub-§14, as enacted by PL 1997, c. 530, Pt. A, §16, is 
amended to read: 
14.  Notification to Legislature. The department shall notify the joint standing 
committee of the Legislature having jurisdiction over health and human services matters 
of any request for waivers from the United States Department of Health and Human 
Services or any other federal agency concerning the implementation of chapters 1053-A, 
1054, and 1054-A and 1054-B. 
Sec. 9.  22 MRSA §3763, sub-§1-A, as enacted by PL 2011, c. 380, Pt. PP, §4, is 
amended to read: 
1-A.  Partial and full termination of benefits.  Benefits under this chapter must be 
terminated by the department under the provisions of subsection 1 and sections 3785 and 
section 3785-A as follows: 
A.  For a first failure to meet the conditions of a family contract, termination of 
benefits applies to the adult recipient; and 
B.  For a first failure to meet the conditions of a family contract for which termination 
of benefits under paragraph A lasts for longer than 90 days and for a 2nd and 
subsequent violation, termination of benefits applies to the adult recipient and the full 
family unit; and. 
C.  Prior to the implementation of a full family unit sanction, the department shall 
offer the adult recipient an opportunity to claim good cause for noncompliance as 
described in section 3785. 
Benefits that have been terminated under this subsection must be restored once the adult 
recipient signs a new contract under subsection 1 and complies with the provisions of the 
family contract. 
Sec. 10.  22 MRSA §3763, sub-§11 is enacted to read: 
11.  Domestic violence.  The department shall provide all applicants for assistance 
under this chapter with information both orally and in writing of the availability of 
services for victims of domestic violence. 
Sec. 11.  22 MRSA §3769, sub-§1, as enacted by PL 1997, c. 530, Pt. A, §16, is 
amended to read: 
1.  Payment priority.  Payments made on behalf of the department for TANF 
assistance, the Parents as Scholars Program under chapter 1054-B and for foster care have 
priority over other payments and must be made without delay whether or not they are 
pursuant to a state plan or contract.  The department shall cooperate with other state 
agencies to accomplish priority payments. 
Sec. 12.  22 MRSA §3785, as amended by PL 1997, c. 530, Pt. A, §§20 to 24, is 
repealed. 
Sec. 13.  22 MRSA §3785-A, sub-§1, ¶B, as enacted by PL 2001, c. 335, §1, is 
amended to read: 
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; and 
Sec. 14.  22 MRSA §3785-A, sub-§1, ¶C, as enacted by PL 2001, c. 335, §1, is 
repealed. 
Sec. 15.  22 MRSA §3788, sub-§1-A, as enacted by PL 1997, c. 530, Pt. A, §26, 
is repealed. 
Sec. 16.  22 MRSA §3788, sub-§3, as amended by PL 2013, c. 376, §1, is further 
amended to read: 
3.  Assessment.  Each participant's case manager shall conduct an initial 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, including learning disabilities or cognitive impairments, or 
other good cause circumstances specified in section 3785. 
Sec. 17.  22 MRSA §3788, sub-§3-A, as enacted by PL 2013, c. 376, §2, is 
amended to read: 
3-A.  Comprehensive screening and assessment.  If upon an initial screening or at a 
later date it is determined that a participant has physical or mental health impairments, 
learning disabilities, cognitive impairments or limitations related to providing care for a 
household member with a disability or serious illness or a child with a serious behavioral 
condition, the participant must be offered the opportunity for a comprehensive assessment 
that may result in referral for alternative services, supports and income benefits.  If the 
participant chooses to have a comprehensive assessment, the participant must be referred 
to a qualified professional to identify the strengths and needs of and barriers faced by that 
participant.  The participant's case manager shall ensure that any accommodation or 
support services necessary for the participant to participate in the assessment are made 
available to the participant.  The participant may supplement this assessment with 
medical records or any other credible information related to the participant's ability to 
participate in program activities.  An assessment under this subsection may also be 
initiated at the choice of the participant at any time.  The individual performing this 
assessment shall recommend to the case manager any services, supports and programs 
needed to improve the economic self-sufficiency and well-being of the participant and the 
participant's family based on the assessment. 
In coordination with the participant, the case manager shall establish a plan for the 
participant and the participant's family based on the assessment that includes appropriate 
services, supports and programs consistent with the findings and recommendations of the 
assessment that may include: 
A.  Referral to a community agency qualified to assist the participant with services, 
supports, education, training and accommodations needed to reduce or overcome any 
barriers to achieving self-sufficiency and to fulfill the participant's personal and 
family responsibilities; and 
B.  Assistance needed by the participant to obtain federal social security disability 
insurance benefits or federal supplemental security income benefits. 
This subsection does not preclude a determination that the participant is temporarily 
unable to participate, including participation in any assessment pursuant to this 
subsection, due to good cause as described in section 3785.  Any determination made 
under this subsection may be appealed in accordance with section 3762, subsection 9. 
A participant who chooses to participate in a comprehensive assessment under this 
subsection and fails to participate without good cause may be sanctioned in accordance 
with section 3763, subsection 1-A, paragraph A regardless of any previous sanctions that 
the participant may have incurred. 
The department shall provide training for case managers regarding their job 
responsibilities and their obligation to comply with the requirements of the federal 
Americans with Disabilities Act of 1990; the federal Rehabilitation Act of 1973; and the 
Maine Human Rights Act when interviewing and providing information to participants, 
when referring participants for alternative services or when considering whether the 
participant requires reasonable accommodations in order to participate in the ASPIRE-
TANF program. 
Sec. 18.  22 MRSA §3788, sub-§6, as amended by PL 2009, c. 291, §9, is further 
amended to read: 
6.  Education, training and employment services.  The ASPIRE-TANF program 
must make available a broad range of education, training and employment services in 
accordance with section 3781-A, subsection 3 and the federal Personal Responsibility and 
Work Opportunity Reconciliation Act of 1996, Public Law 104-193, 110 Stat. 2105 and 
the federal Deficit Reduction Act of 2005, Public Law 109-171, 120 Stat. 4.  These 
services and activities must include all of those services and activities offered by the 
Additional Support for People in Retraining and Employment Program on October 1, 
1989, except in 2-year and 4-year postsecondary education and except as provided in 
chapter 1054-B.  This section does not prohibit the department from purchasing 
equivalent services from providers other than those from whom those services were 
purchased on October 1, 1989.  When a particular approved education or training service 
is available at comparable quality and cost, including the cost of support services, and the 
implementation of the family contract would not be unreasonably delayed, the program 
participant may choose to enroll for that service with the provider of that person's 
preference.  If this decision is not mutually agreed to by the participant and the case 
manager, the decision must be reviewed by the case manager's supervisor.  These services 
do not include reimbursement for the cost of tuition or mandatory fees for postsecondary 
education unless: 
A.  The participant is unable to secure other educational funding needed to complete 
the participant's family contract due to: 
(1)  Poor credit as determined by the educational funding source; or 
(2)  The consideration by the educational funding source of resources from past 
years that are not actually available to the participant; 
B.  In the determination of the department, failure to pay the tuition or fee would 
result in higher ASPIRE-TANF program costs to achieve the participant's approved 
goal; or 
C.  The participant meets an exception specified in rules adopted by the department. 
When a substantially similar postsecondary education or training program of comparable 
quality is available at both a public and private institution, within a reasonable 
commuting distance for the participant, the department may choose to approve the 
program offered at the public institution if the participant's program can be completed at 
less cost at the institution. 
Sec. 19.  22 MRSA §3788, sub-§10, ¶C, as amended by PL 2005, c. 480, §1, is 
repealed and the following enacted in its place: 
C.  For individuals who are satisfactorily participating in an education or training 
program, the department must determine the acceptability of the activity for purposes 
of meeting the participation requirements of this chapter using the same criteria as are 
used for any individual in the ASPIRE-TANF program. 
Sec. 20.  22 MRSA §3788, sub-§11, ¶B, as amended by PL 1997, c. 530, Pt. A, 
§26, is further amended to read: 
B.  ASPIRE-TANF participants who are attending school or are involved in an 
equivalent educational program recognized by the Department of Education or a local 
school board are considered to be in the education, training or treatment component 
and their participation is not limited to 24 months.  The department shall encourage 
recipients younger than 20 years of age who have not completed high school to attend 
traditional high school. 
Sec. 21.  22 MRSA §3788, sub-§11, ¶D, as enacted by PL 2001, c. 335, §3, is 
amended 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 disability is 
found to exist, the department shall offer reasonable alternative participation 
requirements if and to the extent required by federal law, and document them in the 
participant's family contract and case record. 
Sec. 22.  22 MRSA §3789-D, sub-§3, ¶E, as enacted by PL 1997, c. 530, Pt. A, 
§30, is amended to read: 
E.  Representatives of the following groups, appointed by the council: 
(1)  Nonprofit service organizations that assist parents who are nontraditional 
students; 
(2)  TANF participants or participants of the Parents as Scholars Program 
established in chapter 1054-B who are enrolled in postsecondary education 
programs; 
(3)  Nonprofit organizations that prepare parents to be nontraditional 
postsecondary education students; 
(4)  Organizations that represent low-income parents and that have significant 
knowledge of public assistance programs; 
(5)  Organizations that advocate for the interests of women; 
(6)  The business community; and 
 (7)  Private postsecondary educational institutions. 
Sec. 23.  22 MRSA c. 1054-B, as amended, is repealed. 
SUMMARY 
This bill makes the following changes to the laws governing the Temporary 
Assistance for Needy Families program. 
1.  It removes the provision that prohibits a person from being sanctioned under the 
Additional Support for People in Retraining and Employment-Temporary Assistance for 
Needy Families program or the Temporary Assistance for Needy Families program for 
failure to participate in the Additional Support for People in Retraining and Employment-
Temporary Assistance for Needy Families program if that failure to participate is based 
on good cause. 
2.  It removes the 24-month limit on education, training and treatment for participants 
in the Additional Support for People in Retraining and Employment-Temporary 
Assistance for Needy Families program. 
3.  It eliminates the Parents as Scholars Program.