Sec. 3. Eliminating barriers to TANF for children, older caregiver relatives, and caregiver relatives caring for a child with a disability
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Section 454(29)(A)(i) of the Social Security Act ( 42 U.S.C. 654(29)(A)(i) ) is amended by striking best interests of the child and inserting best interests of the child, including, if enforcement procedures against a non-custodial parent of the child are initiated, whether such procedures will impede the parent's ability to reunify with the child in the future . Section 408(a) of the Social Security Act ( 42 U.S.C. 608(a) ) is amended by adding at the end the following new paragraph:
With respect to a minor child who does not reside in the same household as a parent of the child, a State to which a grant is made under section 403 shall not take into account the income, assets, or resources of such child's nonparent caregiver relative who is not seeking assistance under the State program funded under this part or any other State program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)) on their own behalf in determining whether the child is eligible for assistance under any such program, or in determining the amount or types of such assistance to be provided to the child.
Subparagraph
(A)shall not apply in the case of a State program— that is operated specifically for children living with nonparent caregiver relatives; that provides monthly financial assistance to a child living with a nonparent caregiver relative in an amount that is greater than the amount of assistance that the child would receive on the child's own behalf under the State program funded under this part; that is separate from the State program funded under this part; and that is described in the State plan submitted under section 402. . Section 409(a) of the Social Security Act ( 42 U.S.C. 609(a) ) is amended by adding at the end the following new paragraph: If the Secretary determines that a State to which a grant is made under section 403 in a fiscal year has violated section 408(a)(13) during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to 3 percent of the State family assistance grant. . Section 408(a)(7) of the Social Security Act ( 42 U.S.C. 608(a)(7) ) is amended by adding at the end the following new subparagraph: A State shall not limit the number of months of assistance under the State program funded under this part or any other State program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)) for a family in which all adults in the family— are nonparent caregiver relatives of a child who does not reside in the same household of the parent of the child; and do not receive assistance under the State program funded under this part or any other State program funded with qualified expenditures (as defined in section 409(a)(7)(B)(i)) on their own behalf. . Section 409(a) of the Social Security Act ( 42 U.S.C. 609(a) ), as previously amended by this section, is amended— in paragraph (9), by inserting (other than subparagraph (H)) after section 408(a)(7) ; and by adding at the end the following new paragraph: If the Secretary determines that a State to which a grant is made under section 403 in a fiscal year has violated subparagraph
(H)of section 408(a)(7) during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to 3 percent of the State family assistance grant . Section 408 of the Social Security Act ( 42 U.S.C. 608 ) is amended by adding at the end the following new subsection: A State shall not require an individual to engage in work if the individual— is the nonparent caregiver relative of a child who does not reside in the same household as a parent of the child; and resides in a household in which no adult receives assistance under the State program funded under this part or any other State program funded with qualified expenditures (as defined in section 409(a)(7)(B)(i)) on their own behalf. . Section 409(a) of the Social Security Act ( 42 U.S.C. 609(a) ), as previously amended by this section, is amended by adding at the end the following new paragraph: If the Secretary determines that a State to which a grant is made under section 403 in a fiscal year has violated subsection
(h)of section 408 during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to 3 percent of the State family assistance grant. . Section 408(a)(7) of the Social Security Act ( 42 U.S.C. 608(a)(7) ), as amended by subsection (c)(1), is amended by adding at the end the following new subparagraph: Subparagraph
(A)shall not apply and a State shall not limit the number of months of assistance under the State program funded under this part or any other State program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)) based on receipt of such assistance by an individual who is an older caregiver relative or a caregiver relative caring for a child with a disability (as such terms are defined for purposes of paragraph (14)). In determining the number of months for which a family that includes an adult who has received assistance under the State program funded under this part or any other State program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)), the State shall disregard any month for which such assistance was provided with respect to the family during which such adult was an older caregiver relative or a caregiver relative caring for a child with a disability (as such terms are defined for purposes of paragraph (14)). . Section 409(a) of the Social Security Act ( 42 U.S.C. 609(a) ), as previously amended by this section, is amended— in paragraph (9), by inserting or
(I)after subparagraph
(H); and in paragraph (18), by inserting or
(I)after subparagraph
(H). Section 408 of the Social Security Act ( 42 U.S.C. 608 ), by subsection (d)(1), is amended by adding at the end the following new subsection: A State shall not require an individual to engage in work, and, at the option of the State and on a case-by-case basis, may disregard such individual in determining the participation rates under section 407(a), if the individual— is an older caregiver relative or a caregiver relative caring for a child with a disability (as such terms are defined for purposes of subsection (a)(14)); and directly receives assistance on the individual’s own behalf under the State program funded under this part or any other State program funded with qualified expenditures (as defined in section 409(a)(7)(B)(i)). . Paragraph
(18)of section 409(a) of the Social Security Act ( 42 U.S.C. 609(a) ), as added by subsection (d)(2), is amended by inserting or
(i)after subsection
(h). 402(a)(1)(A) of the Social Security Act ( 42 U.S.C. 602(a)(1)(A) ) is amended— in clause (ii), by inserting and subject to subsections
(h)and
(i)of section 408 before the period; and in clause (iii), by inserting and subject to subsections
(h)and
(i)of section 408 before the period. Section 408(a) of the Social Security Act ( 42 U.S.C. 608(a) ), as previously amended by this section, is amended by adding at the end the following new paragraph: In determining the eligibility for, and amount of, assistance under the State program funded under this part or any other State program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)) for a family that includes an individual who is an older caregiver relative (as defined in subparagraph (B)) or a caregiver relative caring for a child with a disability (as defined in subparagraph (C)), a State to which a grant is made under section 403 shall not take into account the income, assets, or resources of that individual. For purposes of this paragraph, the term older caregiver relative means an individual who— subject to clause (ii), has attained age 55; and is the primary caregiver for a minor child who— is living with the individual; does not have a parent living in the home; and is a grandchild, stepgrandchild, or other first-degree, second-degree, third-degree, fourth-degree, or fifth-degree relative of the individual or the individual's spouse. At the option of a State, such term shall include an individual who has not attained age 55. The determination of whether an individual meets the criteria described in clause (i)(II) shall be made by the State. For purposes of this paragraph, the term caregiver relative caring for a child with a disability means an individual, regardless of age, who is the primary caregiver for a minor child who— is living with the individual; is a child, grandchild, stepgrandchild, or other first-degree, second-degree, third-degree, fourth-degree, or fifth-degree relative of the individual or the individual's spouse; and has a disability, as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 )). The determination of whether an individual meets the criteria described in clause
(i)shall be made by the State. . Section 409(a) of the Social Security Act ( 42 U.S.C. 609(a) ), as previously amended by this section, is amended by adding at the end the following new paragraph: If the Secretary determines that a State to which a grant is made under section 403 in a fiscal year has violated section 408(a)(14) during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to 3 percent of the State family assistance grant. . Except as provided in paragraph (2), the amendments made by this section shall take effect on the first day of the first fiscal year that begins after the date of enactment of this Act. Before the date described in subparagraph (B), a State plan under title IV of the Social Security Act shall not be regarded as failing to comply with an additional requirement imposed on the plan by this section if the Secretary of Health and Human Services determines that such additional requirement— requires State legislation (other than legislation appropriating funds) in order for the plan to meet such additional requirement; or could not practicably be met by the plan before such date. For purposes of subparagraph (A), the date described in this subparagraph is, with respect to a State, the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this section. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.
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Sec. 3
Eliminating barriers to TANF for children, older caregiver relatives, and caregiver relatives caring for a child with a disability
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