An Act To Protect Children from Extreme Poverty by Preserving Children's Access to Temporary Assistance for Needy Families Benefits
Maine Legislature, Session 130, LD 0078
Committee: Health and Human Services
Sponsors: MEYER, MOORE, EVANS, PERRY, MAXMIN
Amends: 22 MRSA §3763

Legislative Document
No. 78
H.P. 44
House of Representatives, January 13, 2021
An Act To Protect Children from Extreme Poverty by Preserving 
Children's Access to Temporary Assistance for Needy Families 
Benefits
Submitted by the Department of Health and Human Services pursuant to Joint Rule 204.
Received by the Clerk of the House on January 11, 2021.  Referred to the Committee on 
Health and Human Services pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint 
Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative MEYER of Eliot.
Cosponsored by Senator MOORE of Washington and
Representatives: EVANS of Dover-Foxcroft, McCREA of Fort Fairfield, PERRY of Calais, 
Senator: MAXMIN of Lincoln.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §3763, sub-§1, as amended by PL 2013, c. 588, Pt. D, §4, is 
further amended to read:
1.  Family contract.  During the TANF orientation process, a representative of the 
department and the TANF recipient shall enter into a family contract.  The family contract 
must state the responsibilities of the parties to the agreement including, but not limited to, 
cooperation in child support enforcement and determination of paternity, the requirements 
of the ASPIRE-TANF program and referral to parenting activities and health care services.  
Except as provided in section 3762, subsection 4, refusal to sign the family contract or to 
abide by the provisions of the contract, except for referral to parenting activities and health 
care services, will result in termination of benefits under subsection 1-A.  Failure to comply 
with referrals to parenting activities or health care services without good cause will result 
in a review and evaluation of the reason for noncompliance by the representative of the 
department and may result in sanctions.  Written copies of the family contract and a notice 
of the right to a fair hearing must be given to the individual. The family contract must be 
amended in accordance with section 3788 when a participant enters the ASPIRE-TANF 
program and when participation review occurs.
Benefits that have been terminated under subsection 1‑A must be restored once the 
noncomplying adult recipient signs a new family contract and complies with its provisions.
Sec. 2.  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 
3785-A as follows: in accordance with this subsection.  If an adult recipient fails to meet 
the conditions of a family contract, the department shall reduce the family's amount of 
assistance by terminating benefits that apply to that noncomplying adult.
A.  For a first failure to meet the conditions of a family contract, termination of benefits 
applies to the adult recipient;
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 
noncomplying adult recipient signs a new contract under subsection 1 and complies with 
the provisions of the family contract.
SUMMARY
Under current law, the Department of Health and Human Services terminates 
assistance under the Temporary Assistance for Needy Families program to the entire 
family, including children, if the children's parent fails to comply with requirements of the 
family contract for a period of 90 days or for any subsequent failure.  This bill amends that 
provision to terminate benefits for the noncomplying parent but continues to provide 
assistance to the children and complying parents.