Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 172 First Substitute (2016GS)

Sponsor

Rep. Romero, A.

Final action

Governor Signed 3/21/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines "licensed clinical therapist";
• modifies the requirements to receive cash assistance under the state's Family Employment Program;
• modifies when an individual receiving cash assistance under the Family Employment Program must take a written questionnaire designed to determine the likelihood of the applicant having a substance use disorder; and
• requires that an individual be evaluated by a licensed clinical therapist before an individual may be required to take a drug test as a condition of continuing to receive cash assistance under the Family Employment Program.

Every vote on this bill

Bill text

PUBLIC ASSISTANCE BENEFITS AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Angela Romero
Senate Sponsor: 
Luz Escamilla
LONG TITLE
General Description:
This bill modifies provisions of the Family Employment Program.
Highlighted Provisions:
This bill:
▸ defines "licensed clinical therapist";
▸ modifies the requirements to receive cash assistance under the state's Family
Employment Program;
▸ modifies when an individual receiving cash assistance under the Family
Employment Program must take a written questionnaire designed to determine the
likelihood of the applicant having a substance use disorder; and
▸ requires that an individual be evaluated by a licensed clinical therapist before an
individual may be required to take a drug test as a condition of continuing to receive
cash assistance under the Family Employment Program.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
35A-3-102
, as last amended by Laws of Utah 2015, Chapter 221
35A-3-304
, as last amended by Laws of Utah 2015, Chapters 143 and 221
35A-3-304.5
, as last amended by Laws of Utah 2015, Chapter 221
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
35A-3-102
 is amended to read:
35A-3-102.
Definitions.
As used in this chapter:
(1) "Adjudicative proceeding" has the same meaning as defined in Section 
63G-4-103
.
(2) "Administrative order" means an order issued by the department that addresses an
overpayment of public assistance.
(3) "Applicant" means a person who requests assistance under this chapter.
(4) "Assignment of support" means the transfer to the state of a recipient's right to
receive support from another person that accrues during the period the recipient receives public
assistance, including a right to receive support on behalf of any family member for whom the
recipient is applying for or receiving assistance.
(5) "Average monthly number of families" means the average number of families who
received cash assistance on a monthly basis during the previous federal fiscal year.
(6) "Cash assistance" means the monthly dollar amount a recipient is eligible to receive
under the Family Employment Program under Section 
35A-3-302
.
(7) "Child care services" means care of a child by a responsible person who is not the
child's parent or legal guardian, for a portion of the day that is less than 24 hours in a qualified
setting, as defined by rules made by the department in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act.
(8) (a) "Civic organization" means an organization that provides services to its
community.
(b) "Civic organization" includes a community service club or organization, a
charitable health care or service organization, a fraternal organization, a labor union, a minority
or ethnic organization, a commercial or industrial organization, a commerce or business club, a
private nonprofit organization, a private nonprofit corporation that provides funding to a
community service organization, an organization that advocates or provides for the needs of
persons with low incomes, a religious organization, and an organization that fosters strong
neighborhoods and communities.
(9) "Court order" means a judgment or order of a court of this state, another state, or
the federal government that addresses an overpayment of public assistance.
(10) "Date of enrollment" means the date on which the applicant was approved as
eligible for cash assistance.
(11) "Director" means the director of the division assigned by the department to
administer a program.
(12) "Diversion" or "diversion payment" means a one-time cash assistance payment
under Section 
35A-3-303
 to a recipient who is eligible for cash assistance, but does not require
extended cash assistance under Part 3, Family Employment Program.
(13) "Education or training" means:
(a) basic remedial education;
(b) adult education;
(c) high school education;
(d) education to obtain the equivalent of a high school diploma;
(e) education to learn English as a second language;
(f) applied technology training;
(g) employment skills training; or
(h) on-the-job training.
(14) "Full-time education or training" means training on a full-time basis as defined by
the educational institution attended by the parent recipient.
(15) "General assistance" means financial assistance provided to a person under Part 4,
General Assistance.
(16) "Licensed clinical therapist" means an individual licensed by the state under:
(a) Title 58, Chapter 60, Part 2, Social Worker Licensing Act;
(b) Title 58, Chapter 60, Part 3, Marriage and Family Therapist Licensing Act;
(c) Title 58, Chapter 60, Part 4, Clinical Mental Health Counselor Licensing Act; or
(d) Title 58, Chapter 61, Psychologist Licensing Act.
[
(16)
] 
(17)
 "Notice of agency action" means the notice required to commence an
adjudicative proceeding as described in Section 
63G-4-201
.
[
(17)
] 
(18)
 "Obligor" means an individual:
(a) who is liable to the state under Section 
35A-3-603
 and applicable federal statutes
and regulations; or
(b) against whom an administrative or judicial order determining overpayment has
been obtained.
[
(18)
] 
(19)
 (a) "Overpayment" means money, public assistance, or another item of
value provided under a state or federally funded benefit program to a person that is not entitled
to receive it or is not entitled to receive it at the level provided.
(b) "Overpayment" includes money paid to a provider under this title in connection
with public assistance or another publicly funded assistance program to the extent that the
provider receives payment:
(i) for goods or services not provided; or
(ii) in excess of the amount to which the provider is entitled.
[
(19)
] 
(20)
 "Parent recipient" means a person who enters into an employment plan with
the department to qualify for cash assistance under Part 3, Family Employment Program.
[
(20)
] 
(21)
 "Performance goals" means a target level of performance that will be
compared to actual performance.
[
(21)
] 
(22)
 "Performance indicators" means actual performance information regarding
a program or activity.
[
(22)
] 
(23)
 "Performance monitoring system" means a process to regularly collect and
analyze performance information, including performance indicators and performance goals.
[
(23)
] 
(24)
 "Plan" or "state plan" means the state plan submitted to the Secretary of the
United States Department of Health and Human Services to receive funding from the United
States through the Temporary Assistance for Needy Families Block Grant in accordance with
42 U.S.C. Sec. 602.
[
(24)
] 
(25)
 "Recipient" means a person who is qualified to receive, is receiving, or has
received assistance under this chapter.
[
(25)
] 
(26)
 "Single minor parent" means a person under 18 years of age who is not
married and has a minor child in the person's care and custody.
[
(26)
] 
(27)
 "Transitional cash assistance" means assistance provided to a recipient to
stabilize employment and reduce the future use of cash assistance provided under Part 3,
Family Employment Program.
Section 2. Section 
35A-3-304
 is amended to read:
35A-3-304.
Assessment -- Participation requirements and limitations --
Employment plan -- Mentors.
(1) (a) Within 30 business days of the date of enrollment, the department shall provide
that a parent recipient:
(i) is assigned an employment counselor; and
(ii) completes an assessment provided by the department regarding the parent
recipient's:
(A) prior work experience;
(B) ability to become employable; 
and
(C) skills[
; and
]
.
[
(D) likelihood of a substance use disorder involving the misuse of a controlled
substance.
]
(b) The assessment provided under Subsection (1)(a)(ii) shall include[
: (i)
] a survey to
be completed by the parent recipient with the assistance of the department[
; and
]
.
[
(ii) a written questionnaire to be completed by the parent recipient designed to
accurately determine the likelihood of the parent recipient having a substance use disorder
involving the misuse of a controlled substance.
]
[
(c) In addition to the other requirements of this part, if the results of the written
questionnaire taken by a parent recipient indicate a reasonable likelihood that the parent
recipient has a substance use disorder involving the misuse of a controlled substance, the
parent recipient may only receive cash assistance provided under this part in accordance with
the additional requirements of Section 
35A-3-304.5
.
]
(2) (a) Within 15 business days of a parent recipient completing an assessment[
,
]
:
(i)
 the department and the parent recipient shall enter into an employment plan[
.
]
; and
(ii) the parent recipient shall complete a written questionnaire, provided by the
department, designed to accurately determine the likelihood of the parent recipient having a
substance use disorder involving the misuse of a controlled substance.
(b) The employment plan shall have a target date for entry into employment.
(c) The department shall provide a copy of the employment plan to the parent recipient.
(d) For the parent recipient, the employment plan may include:
(i) job searching requirements;
(ii) if the parent recipient does not have a high school diploma, participation in an
educational program to obtain a high school diploma, or its equivalent;
(iii) education or training necessary to obtain employment;
(iv) a combination of work and education or training; and
(v) assisting the Office of Recovery Services in good faith to:
(A) establish the paternity of a minor child; and
(B) establish or enforce a child support order.
(e) If the parent recipient tests positive for the unlawful use of a controlled substance
after taking a drug test under Section 
35A-3-304.5
, the employment plan shall include an
agreement by the parent recipient to:
(i) participate in treatment for a substance use disorder; and
(ii) meet the other requirements of Section 
35A-3-304.5
.
(f) The department's responsibilities under the employment plan may include:
(i) providing cash and other types of public and employment assistance, including child
care;
(ii) assisting the parent recipient to obtain education or training necessary for
employment;
(iii) assisting the parent recipient to set up and follow a household budget; and
(iv) assisting the parent recipient to obtain employment.
(g) The department may amend the employment plan to reflect new information or
changed circumstances.
(h) If immediate employment is an activity in the employment plan, the parent recipient
shall:
(i) promptly commence a search for employment for a specified number of hours each
week; and
(ii) regularly submit a report to the department on:
(A) how time was spent in search for a job;
(B) the number of job applications completed;
(C) the interviews attended;
(D) the offers of employment extended; and
(E) other related information required by the department.
(i) (i) If full-time education or training to secure employment is an activity in an
employment plan, the parent recipient shall promptly undertake a full-time education or
training program.
(ii) The employment plan may describe courses, education or training goals, and
classroom hours.
(j) (i) The department may only provide cash assistance under this part if the parent
recipient agrees in writing to make a good faith effort to comply with the parent recipient's
employment plan.
(ii) The department shall establish a process to reconcile disputes between a parent
recipient and the department as to whether:
(A) the parent recipient has made a good faith effort to comply with the employment
plan; or
(B) the department has complied with the employment plan.
(iii) If a parent recipient consistently fails to show good faith in complying with the
employment plan, the department may seek to terminate all or part of the cash assistance
services provided under this part.
(3) The department may only provide cash assistance on behalf of a minor child under
this part if the minor child is:
(a) enrolled in and attending school in compliance with Sections 
53A-11-101.5
 and
53A-11-101.7
; or
(b) exempt from school attendance under Section 
53A-11-102
.
(4) This section does not apply to a person who has received diversion assistance under
Section 
35A-3-303
.
(5) (a) The department may recruit and train volunteers to serve as mentors for parent
recipients.
(b) A mentor may advocate on behalf of a parent recipient and help a parent recipient:
(i) develop life skills;
(ii) implement an employment plan; or
(iii) obtain services and support from:
(A) the volunteer mentor;
(B) the department; or
(C) civic organizations.
Section 3. Section 
35A-3-304.5
 is amended to read:
35A-3-304.5.
Drug testing requirements.
(1) 
(a)
 If the results of [
a
] 
the written
 questionnaire described in Subsection
35A-3-304
[
(1)
]
(2)
 indicate a reasonable likelihood that [
an applicant
] 
a parent recipient
 may
have a substance use disorder involving the misuse of a controlled substance, the department
shall require the [
applicant
] 
parent recipient
 to 
meet with a licensed clinical therapist and be
evaluated for a potential substance use disorder involving the misuse of a controlled substance.
(b) If the licensed clinical therapist determines that there is a reasonable likelihood that
the parent recipient may have a substance use disorder involving the misuse of a controlled
substance, the department shall require the parent applicant to
 take a drug test at the
department's expense in order to continue to receive cash assistance under this part.
(2) If [
an applicant
] 
a parent recipient
 refuses to 
meet with a licensed clinical therapist
or
 take a drug test 
if
 required under Subsection (1), the department shall terminate cash
assistance under this part and the [
applicant
] 
parent recipient
 may not reapply for cash
assistance under this part for:
(a) 90 days after a first refusal to 
meet with a licensed clinical therapist or
 take a drug
test; or
(b) one year after a second refusal to 
meet with a licensed clinical therapist or
 take a
drug test within one year.
(3) A drug test given under this section shall be administered with due regard to the
privacy and dignity of the person being tested.
(4) Before taking a drug test under this section, [
an applicant
] 
a parent recipient
 may
advise the person administering the test regarding any prescription or over-the-counter
medication the [
applicant
] 
parent recipient
 is taking.
(5) The result of a drug test given under this section is a private record in accordance
with Section 
63G-2-302
 and disclosure to a third party is prohibited except as provided under
Title 63G, Chapter 2, Government Records Access and Management Act.
(6) If [
an applicant
] 
a parent recipient
 tests negative for the unlawful use of a
controlled substance after taking a drug test under Subsection (1), the [
applicant
] 
parent
recipient
 is eligible for cash assistance, subject to the other eligibility requirements of this part.
(7) If [
an applicant
] 
a parent recipient
 tests positive for the unlawful use of a controlled
substance after taking a drug test under Subsection (1), the [
applicant
] 
parent recipient
:
(a) shall be given a list of approved substance use disorder treatment providers that are
available in the area in which the individual resides; and
(b) may continue to receive benefits if the [
applicant
] 
parent recipient
 enters into and
follows the requirements of the [
applicant's
] 
parent recipient's
 employment plan, including:
(i) receiving treatment, at the department's expense, from an approved substance use
disorder treatment provider for at least 60 days;
(ii) testing negative for the unlawful use of a controlled substance:
(A) in each subsequent drug test required by department rule during treatment; and
(B) in an additional drug test given at the conclusion of treatment; and
(iii) meeting the other requirements of receiving cash assistance under this part.
(8) (a) The department shall terminate cash assistance under this part, if [
an applicant
]
a parent recipient
:
(i) declines to enter into an employment plan required by Subsection (7); or
(ii) enters into, but fails to meet, a requirement of an employment plan under
Subsection (7), including if the [
applicant
] 
parent recipient
 refuses to take a drug test required
by the employment plan or tests positive for the unlawful use of a controlled substance in a
drug test required by the employment plan.
(b) [
An applicant
] 
A parent recipient
 whose cash assistance has been terminated under
Subsection (8)(a) may not reapply for cash assistance under this part for:
(i) except as provided in Subsection (8)(b)(ii), 90 days after the day on which the
department determines, under this Subsection (8), that the [
applicant
] 
parent recipient
 is no
longer eligible for cash assistance; or
(ii) one year after the day on which the department determines, under this Subsection
(8), that the [
applicant
] 
parent recipient
 is no longer eligible for cash assistance, if the
department has previously determined on at least one other occasion in the past year that the
[
applicant
] 
parent recipient
 is no longer eligible for cash assistance under this Subsection (8).