An Act To Improve Work Readiness for Families Facing Significant Barriers to Employment
Maine Legislature, Session 126, LD 1343
Committee: Health and Human Services
Sponsors: EVES, FLOOD, FARNSWORTH, FOWLE, GATTINE, SANBORN, GOODALL
Amends: 22 MRSA §3788

Legislative Document 
No. 1343 
H.P. 960 
House of Representatives, April 4, 2013 
An Act To Improve Work Readiness for Families Facing Significant 
Barriers to Employment 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Speaker EVES of North Berwick. 
Cosponsored by Senator FLOOD of Kennebec and 
Representatives: FARNSWORTH of Portland, FOWLE of Vassalboro, GATTINE of 
Westbrook, SANBORN of Gorham, Senator: GOODALL of Sagadahoc. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §3788, sub-§3, as amended by PL 2001, c. 335, §2, 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. 2.  22 MRSA §3788, sub-§3-A is enacted to read: 
3-A.  Comprehensive screening and assessment.  If a participant's case manager 
determines upon an initial assessment performed pursuant to subsection 3 or at a later 
date that the 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 serious behavioral problems, the case 
manager shall explore with the participant whether the participant wishes to have a 
comprehensive screening with possible referral for alternative services, supports and 
income benefits. If the participant elects to have a comprehensive screening and 
assessment, the case manager shall refer the participant to a qualified individual to 
identify the abilities, limitations and needs of that 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 request of the participant at any time. 
The individual performing the assessment under this subsection 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. 
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 applying for federal social security disability insurance benefits or 
federal supplemental security income benefits needed by that participant to obtain 
those benefits. 
Nothing in this subsection may preclude a determination that the participant is 
temporarily unable to participate due to good cause circumstances as described in section 
3785. Any determination made under this subsection may be appealed in accordance with 
section 3762, subsection 9. 
A participant identified as qualifying for the comprehensive screening and assessment 
under this subsection may not be sanctioned for failing to comply with an assigned 
activity until assessment results are received and reviewed by the department. 
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 exploring whether the 
participant requires reasonable accommodations in order to participate in the ASPIRE-
TANF program. 
SUMMARY 
This bill provides that if the case manager of a participant in the ASPIRE-TANF 
program determines that the participant has physical or mental health impairments, 
learning disabilities, cognitive impairments or limitations, the case manager must explore 
with the participant whether the participant wishes to undergo a comprehensive screening 
with possible referral to alternative services, supports and benefits. Following the 
assessment, the case manager, in coordination with the participant, is directed to establish 
a plan for the participant and the participant's family that includes appropriate services, 
supports and programs.