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1998 SESSION

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HB 1272 Public assistance; eligibility.

Introduced by: Flora D. Crittenden | all patrons    ...    notes | add to my profiles

SUMMARY:

Public assistance; eligibility. Incorporates the Wellstone-Murray Family Violence Exemption as an exemption for participation in the VIP/VIEW program. The exemption is an optional hardship exemption from the work requirement and five-year assistance limit under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) for persons who have been battered or subjected to extreme cruelty. PRWORA gives states the option to enable persons fleeing domestic violence to receive public assistance without the fear of termination of assistance compelling them to return to an abusive situation, but limits the number of such families each year to no more than 20 percent of the average monthly number of the state's TANF families. For persons who fall into this exemption category, the average utilization of public programs is two years. Section 408 (a) (7) (C) (iii) of PRWORA defines "battered or subjected to extreme cruelty" as (i) physical acts that resulted in, or threatened to result in, physical injury to the individual; (ii) sexual abuse; (iii) sexual activity involving a dependent child; (iv) being forced as the caretaker relative of a dependent child to engage in nonconsensual sexual acts or activities; (v) threats of, or attempts at, physical or sexual abuse; (vi) mental abuse; or (vii) neglect or deprivation of medical care.


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