MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Public Health and Welfare

By: Representative Scott (80th)

House Bill 1529

AN ACT TO DIRECT THE DEPARTMENT OF HUMAN SERVICES TO ESTABLISH AND ENFORCE STANDARDS AND PROCEDURES TO ENSURE THAT THE STATE WILL SCREEN AND IDENTIFY RECIPIENTS OF TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) BENEFITS WITH A HISTORY OF DOMESTIC VIOLENCE, REFER THOSE PERSONS TO COUNSELING AND SUPPORTIVE SERVICES, AND WAIVE CERTAIN TANF PROGRAM REQUIREMENTS FOR THOSE PERSONS IN CASES WHERE COMPLIANCE WITH THOSE REQUIREMENTS WOULD MAKE IT MORE DIFFICULT TO ESCAPE DOMESTIC VIOLENCE, OR UNFAIRLY PENALIZE THOSE PERSONS WHO ARE OR HAVE BEEN VICTIMIZED BY DOMESTIC VIOLENCE OR PERSONS WHO ARE AT RISK OF FURTHER DOMESTIC VIOLENCE; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) The Department of Human Services shall establish and enforce standards and procedures to:

(a) Screen and identify individuals receiving Temporary Assistance for Needy Families (TANF) benefits with a history of domestic violence, while maintaining the confidentiality of those individuals;

(b) Refer those individuals to counseling and supportive services; and

(c) Waive, pursuant to a determination of good cause, other TANF program requirements such as:

(i) Time limits, for so long as necessary, for individuals receiving TANF benefits;

(ii) Residency requirements;

(iii) Child support cooperation requirements; and

(iv) Family cap provisions, in cases where compliance with such TANF program requirements would make it more difficult for individuals receiving TANF benefits to escape domestic violence, or unfairly penalize those individuals who are or have been victimized by domestic violence or individuals who are at risk of further domestic violence.

(2) For the purposes of this section, "domestic violence" means that an individual has been subjected to:

(a) Physical acts that resulted in, or threatened to result in, physical injury to the individual;

(b) Sexual abuse;

(c) Sexual activity involving a dependent child;

(d) Being forced as the caretaker relative of a dependent child to engage in nonconsensual sexual acts or activities;

(e) Threats of, or attempts at, physical or sexual abuse;

(f) Mental abuse; or

(g) Neglect or deprivation of medical care.

(3) The Governor shall certify to the Secretary of the United States Department of Health and Human Services that the State of Mississippi has established and is enforcing the standards and procedures prescribed in subsection (1) of this section, as part of the TANF program plan submitted to the secretary.

SECTION 2. This act shall take effect and be in force from and after its passage.