Family Security Act of 1987

Family Security Act of 1987 - Replaces the Aid to Families with Dependent Children (AFDC) (part A of title IV of the Social Security Act) program with the Child Support Supplement (CSS) program.

Title I: Child Support and Establishment of Paternity - Subtitle A: Child Support - Amends part D (Child Support and Establishment of Paternity) of title IV of the Social Security Act to require the withholding of child support payments from the non-custodial parent's wages upon the issuance or modification of a child support order. Waives such withholding requirement when both parents agree to an alternative arrangement or the State finds good cause to rely on an alternative arrangement.

Amends part A of title IV of the Act to exclude the first $50 of child support payments which were due for a prior month from the determination of a family's need for CSS payments in the month during which such payments were received.

Amends part D of title IV of the Act to require States to review State guidelines for child support award amounts at least once every five years. Makes such guidelines binding upon judges or other State officials unless the judge or official, pursuant to criteria established by the State, finds good cause to ignore such guidelines. Requires that child support awards established under such guidelines be reviewed at least once every two years. Requires the review of a child support award which was not established under such guidelines to adjust it in accordance with such guidelines if either parent requests such review and the State determines that the award should be reviewed. Gives parents at least 30 days' notice of pending review or adjustment of a child support award.

Subtitle B: Establishment of Paternity - Establishes State performance standards for the establishment of paternity which require the State's paternity establishment percentage for a fiscal year to be: (1) at least 50 percent; (2) the State's percentage for FY 1987 increased by three percentage points for each fiscal year after FY 1988; or (3) equal to or greater than the average percentage for all States. Authorizes the Secretary of Health and Human Services to modify such requirements to take into account variables which may affect a State's ability to meet such requirements. Directs the Secretary to report annually to the Congress regarding the data upon which State paternity establishment percentages are based and the performance of States in establishing paternity.

Raises the Federal matching rate to 90 percent (from 68 percent in FY 1988) for laboratory costs incurred in determining paternity.

Subtitle C: Improved Procedures for Child Support Enforcement and Establishment of Paternity - Requires the Secretary to establish time limits within which a State must accept and respond to requests for assistance in establishing and enforcing child support orders. Directs the Secretary to establish an advisory committee, composed of State officials involved in the Child Support Enforcement program, with which the Secretary must consult before issuing regulations regarding such time limits. Requires the issuance of final regulations by the first day of the seventh month after this Act's enactment.

Requires States to establish automatic data processing and information retrieval systems to assist in the administration of the Child Support Enforcement program within ten years of the State's submittal (by October 1, 1989) of an advance planning document for such system to the Secretary, or, if earlier, by the date specified by the State in such document. Authorizes the Secretary to waive the Act's requirements for such documents and systems if the State has an alternative system which is in substantial compliance with the Act's requirements. Sets the Federal share of establishing such a system at 90 percent so long as time limits have not been exceeded.

Directs the Secretary of Labor to give the Secretary prompt access to wage and unemployment compensation claims information and data maintained by the Department of Labor and State employment security agencies.

Amends title II (Old Age, Survivors and Disability Insurance) of the Act to require States to collect the social security numbers of both parents when their child is born for use by State agencies administering Child Support Enforcement programs unless the State finds good cause for not requiring such numbers.

Establishes the Commission on Interstate Child Support which, by October 1, 1988, must hold one or more national conferences on reform of interstate child support procedures. Directs the Commission to submit a report to the Congress by October 1, 1989, containing recommendations for improving the interstate establishment and enforcement of child support and for revising the Uniform Reciprocal Enforcement of Support Act. Terminates the Commission on October 2, 1989. Authorizes appropriations for such Commission.

Title II: Joint Opportunities and Basic Skills Training Program - Amends part A of title IV of the Act to require States to establish, within three years of this Act's enactment, a job opportunities and basic skills training program (Program) which helps needy children and parents avoid long-term welfare dependence. Requires private sector involvement in planning and Program design to assure that participants are trained for jobs that will actually be available in the community.

Requires non-exempt CSS recipients to participate in such Program if State resources permit such level of participation and necessary child care is available to participants. Allows exempt CSS recipients to participate on a voluntary basis. Authorizes States to require or allow absent fathers who are unemployed and unable to meet child support obligations to participate in the Program. Exempts from Program participation an individual who: (1) is ill, incapacitated, or of advanced age; (2) is needed in the home because of the illness or incapacity of another member of the household; (3) is a parent or relative of a child under age three or, at the State's option, less than age three but not less than age one (such exception applies to only one parent in a two-parent family and may be made inapplicable to both parents if the State provides the family with child care); (4) works more than 30 hours or more per week; (5) is a child under age 16 or attending elementary, secondary, or vocational school full time; (6) is a woman in the third trimester of pregnancy; or (7) resides in an area of the State where the Program is not available.

Prohibits the requirement that the parent or a relative of a child under age six who is not the principal earner participate in the Program for more than 24 hours a week. Provides that if an individual is attending a school or a course of vocational or technical training designed to lead to employment when he or she would otherwise commence participation in the Program, such attendance may constitute satisfactory participation in the Program, though the costs of such schooling or training shall not be covered by the CSS program.

Requires States to make an initial assessment of the education and employment skills of each Program participant and on that basis develop an employability plan for each participant which, to the maximum extent possible, reflects the participant's preferences. Authorizes the State to: (1) require each participant to then negotiate a contract with the State which specifies the duration of his or her participation as well as the activities the State will conduct and services it will provide in the course of such participation; and (2) assign to each participating family a case manager who is responsible for obtaining, on the family's behalf, any other services which may assure the family's effective participation.

Requires State Programs to provide a broad range of services and activities, including: (1) high school or equivalent education; (2) remedial education to achieve basic literacy and instruction in English as a second language; (3) post-secondary education as appropriate; (4) work supplementation programs; (5) community work experience programs; (6) job search, training, and placement services; and (7) other employment, education, and training activities as determined by the State and allowed by the Secretary. Requires non-exempt custodial parents who have not attained age 22 or successfully completed a high school education to participate in high school or equivalent education, or literacy or English language education. Authorizes States to require such parents to participate in training or work activities if they fail to make good progress in educational activities or if their participation in such activities is inappropriate.

Requires each work assignment to be consistent with the physical capacity, skills, experience, health, family responsibilities, and place of residence of each participant and not involve unreasonable travel. Gives participants the opportunity for a fair hearing in the event of a dispute involving his or her work assignment. Prohibits: (1) wage rates for work assignments from being set at less than the greater of the Federal or State minimum wage; and (2) work assignments which displace a currently employed worker or position, impair existing contracts for services or collective bargaining agreements, or fill the job of a worker who has been laid off or fired. Prohibits States from requiring participants to accept a job which would result in a loss of income to the participant's family unless the State maintains the family's income level through supplementary payments.

Requires that Program activities be coordinated with Job Training Partnership Act programs and any other relevant employment, training, and education programs available in the State.

Authorizes any State to institute a work supplementation program under which such State reserves sums which would otherwise be payable to program participants as child support supplements and uses such sums instead to subsidize jobs for such participants.

Authorizes any State to establish a community work experience program to provide experience and training for individuals not otherwise able to obtain employment. Limits such programs to projects which serve a useful public purpose, utilizing, if possible, the participant's prior training, experience, and skills. Requires that other Program activities be coordinated with the community work program so that job placement has priority over participation in such program.

Authorizes States to require individuals to participate in job search activities for up to eight weeks after applying for child support supplements and for up to eight weeks in any 12-month period thereafter.

Subjects the families of individuals who are required to participate in the Program and fail to do so without good cause to the reduction or elimination of child support supplements. Continues sanctions for a minimum of three months if such individual failed to participate on a previous occasion and for six months if such noncompliance has occurred more than one time previously. Requires the State to notify recipients of any failure to comply with work or training requirements and the actions which must be taken to terminate the sanction.

Sets the Federal matching rate for Program costs at 90 percent up to a specified dollar amount and 60 percent thereafter. Sets such rate for administrative costs (for needs assessments, case management services, and agency-client contracts) at 50 percent. Reduces the rate of Federal reimbursement for non-administrative Program expenditures to 50 percent if: (1) more than 40 percent of the non-Federal share of such expenditures is contributed in-kind; or (2) less than 60 percent of such expenditures is targeted at individuals who have received child support supplements for 30 of the preceding 60 months, are custodial parents under age 22 who have not completed and are not enrolled in high school, or are parents in families that are eligible for supplements by reason of the unemployment of the principal earner.

Requires States to provide child care (or day care for an incapacitated individual living in the home of a dependent child) for families to the extent that it is necessary to an individual's participation in work, education, and training activities. Provides coverage for certain transportation and other work-related expenses.

Sets forth technical and conforming amendments.

Requires the Secretary to: (1) publish final Program regulations within one year of this Act's enactment; (2) submit recommended Program performance standards to the Congress within five years of this Act's enactment; (3) study State implementation of the Program; and (4) select five States to participate in three-year demonstration projects to study the relative cost-effectiveness of different approaches for assisting long-term CSS recipients under the Program. Sets forth cost-effectiveness study reporting requirements. Authorizes appropriations for the State implementation study for FY 1988 through 1990 and for the cost-effectiveness study for FY 1988 through 1992.

Title III: Transitional Assistance for Families After Loss of CSS Eligibility - Provides a family which loses CSS eligibility due to an increase of earned income with nine months of transitional child care if the State determines such assistance to be necessary for continuing employment and the family has received child support supplements for three of the preceding six months. Terminates transitional child care if the family ceases to include a dependent child or the caretaker relative engages in certain conduct prohibited under the CSS program. Requires families to contribute to the costs of such care on the basis of their ability to pay for such care.

Amends title XIX (Medicaid) of the Act to require a State to continue a family's Medicaid eligibility for four months after the family loses CSS eligibility because of increased earnings if the family has received supplement payments for three of the preceding six months, and for an optional five additional months if the family has received the entire four months of extended Medicaid coverage. Terminates extended Medicaid coverage if the family ceases to include a dependent child or the caretaker relative engaged in certain conduct prohibited under the CSS program. Authorizes States to provide the extended Medicaid coverage by paying a family's expenses for health insurance offered by the caretaker relative's employer (or, if more cost-effective, by the absent parent's employer) or a family's expenses, during the five-month extension period, for enrollment in a group health plan offered to the caretaker relative, a group health plan offered by the State to its employees, or a health maintenance organization. Denies a family the five-month extension period if its earnings exceed 185 percent of the Federal poverty level. Requires States to impose a premium on families receiving the five months of extended coverage, but prohibits its exceeding ten percent of the amount by which a family's monthly earnings exceed $581 (as adjusted to reflect changes in the cost of living).

Title IV: Family Living Arrangements - Amends part A of title IV of the Act to condition an unmarried minor parent's receipt of CSS payments on his or her residence with a parent, legal guardian or other adult relative, or in an adult-supervised supportive living arrangement. Makes such requirement inapplicable if: (1) such individual has no living parent or legal guardian or is not allowed to live with such parent or legal guardian; (2) the health and safety of the child or minor parent would be jeopardized if such individual lived with the parent or legal guardian; (3) such individual has not lived at home for at least one year prior to the child's birth or making a claim for CSS payments; or (4) the State otherwise finds good cause for waiving the requirement. Requires that (where possible) CSS payments be made to the parent or legal guardian on behalf of the minor parent and child. Authorizes States to require minor parents who have not graduated from high school to attend school (and parent-training classes when available) on at least a part-time basis as a condition of their receipt of CSS payments.

Alters the definition of a "dependent child" to include a child who is poor because of the unemployment of the principal earner in the family. Authorizes States to increase the number of hours which an individual who received a CSS payment in the preceding month may work and remain eligible for such payments. (Currently, an individual must work less than 100 hours per month to maintain such eligibility.) Authorizes States to count for up to four of the six quarters of work required of a parent in the 13 quarters preceding application for CSS payments such parent's: (1) full-time attendance as an elementary or secondary school student; (2) full-time attendance in a vocational or technical training course; and (3) participation in a Job Training Partnership Act education or training program.

Title V: Benefit Structure Improvements - Requires each State to make scheduled reevaluations of its need and payment standards for CSS benefits at least once every five years and report to the Secretary and the Congress regarding the results of the reevaluations.

Title VI: Demonstration Projects - Authorizes the Secretary to approve, as alternatives to the CSS program, five-year demonstration projects testing: (1) New York State's Child Support Supplement Program; and (2) Washington State's Family Independence Program.

Directs the Secretary to enter into an agreement with four States, by April 1, 1988, for the conduct of two-year demonstration projects testing and evaluating model procedures for reviewing child support award amounts. Provides Federal coverage for 90 percent of the costs of such projects. Requires the Secretary to report the results of such projects to the Congress within six months after completion of all such projects.

Amends part A of title IV of the Social Security Act to establish a program providing grants to States selected to conduct demonstration projects testing whether CSS housing costs can be reduced by constructing and rehabilitating permanent housing for rental to CSS recipients who would otherwise require CSS emergency assistance in the form of temporary housing. Provides that, to be eligible for selection as one of two States authorized to conduct such a project, a State must: (1) be currently providing CSS emergency housing assistance; (2) have an acute need for Federal assistance by virtue of the large number of homeless CSS families, and shortages of low-income housing, in the jurisdiction(s) where such project would be conducted; and (3) submit a plan to achieve significant cost savings over a ten-year period through the conduct of such project.

Requires that such grants be used to provide permanent housing which is: (1) owned by the State, an instrumentality of the State, or a nonprofit organization; (2) available to families who have been unable to find decent housing at rents that can be paid with CSS aid for shelter; and (3) located in jurisdictions experiencing a critical shortage of such housing. Requires that: (1) the most costly temporary housing be retired from use in the emergency assistance program as permanent housing becomes available for occupancy, unless temporary housing is demonstrably needed; and (2) the costs of providing permanent housing be lower than costs which would be incurred if, instead, the State made CSS emergency assistance payments providing temporary housing.

Sets the State contribution to the cost of constructing or rehabilitating such housing at at least the current State CSS share increased by ten percent. Authorizes appropriations for the grant program for each of the first five fiscal years following FY 1987.

Amends part A (General Provisions) of title XI of the Act to authorize the Secretary to make grants to States for one- to five-year demonstration projects for CSS children testing financial incentives and alternative approaches to reducing school dropouts, encouraging skill development, and avoiding welfare dependence.

Authorizes the Secretary to make grants to States for demonstration projects designed to increase compliance with child access provisions of court orders. Authorizes appropriations for FY 1988 and 1989. Directs the Secretary to report to the Congress on the effectiveness of such projects by July 1990.

Authorizes the Secretary to make grants to States for three-year demonstration projects testing innovative methods for providing suitable foster care arrangements and other necessary social and medical services for infants abandoned by their parents or removed from their parents' custody and placed in hospital's care. Authorizes appropriations for FY 1988 through 1990.

Directs the Secretary to make grants to between five and ten States for three-year demonstration projects increasing the availability of child care in communities by the acquisition or renovation of child care facilities, and the provision of child care transportation services. Favors States that propose to conduct the project primarily in communities having fewer than 50,000 inhabitants. Requires the Secretary to report to the Congress regarding such projects by October 1, 1991. Authorizes appropriations for FY 1989 through 1991.

Authorizes the Secretary to make grants to up to five States for demonstration projects testing whether the employment of parents of dependent children receiving child support supplements as day care providers will facilitate the conduct of the Program and afford a significant number of families a realistic opportunity to avoid welfare dependence.

Title VII: Payments to American Samoa, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands - Amends part A (General Provisions) of title XI of the Act to include American Samoa in the CSS program. Limits Federal funding for American Samoa's program to $1,000,000 for any fiscal year. Increases the total amount of Federal payments which may be made to Puerto Rico, Guam, and the Virgin Islands in any fiscal year under titles I (Grants to States for Old-Age Assistance for the Aged), X (Grants for States for Aid to the Blind), XIV (Grants to States for Aid to the Permanently and Totally Disabled), XVI (Grants to States for Aid to the Aged, Blind, or Disabled), and parts A (Aid to Families with Dependent Children) and E (Foster Care and Adoption Assistance) of title IV of the Act.

Title VIII: Waiver Authority - Amends title IV of the Act to add a new "Part F: Waiver Authority," which sets forth the required content of State applications to the Secretary for the approval of demonstration projects experimenting with methods to more effectively assist the poor and reduce their welfare dependence. Prohibits the Secretary from approving the conduct of more than ten projects under part F at any one time. Permits applications to include within their proposed projects: (1) title IV programs; (2) social service block grants under title XX of the Act; and (3) any non-Federal public program within the State which is designed to alleviate poverty. Protects individuals and families included in a project from having their benefits reduced below what they would have been in the absence of the project. Requires State applications for projects involving work, education, or training activities to contain specified assurances, including assurances that: (1) mandatory participants in such activities be provided with child care; and (2) work assignments will not displace current employees or impair existing contracts or collective bargaining agreements.

Prohibits the Federal share of project funding from being greater than the Federal share in the absence of such project under the programs included in the project. Authorizes the Secretary to approve projects replacing current entitlement programs with new entitlement programs provided such replacement does not cause a large increase or decrease in Federal funding.

Requires the Secretary to notify a State of the approval or disapproval of its project within four months of the submission of the application. Sets forth reporting requirements. Provides that such projects shall terminate after five years unless the State Governor or Secretary terminates the project sooner.

Title IX: Technical and Conforming Amendments Relating to Replacement of AFDC Program by Child Support Supplement Program - Sets forth technical and conforming amendments relating to the replacement of the AFDC Program by the CSS program.

Title X: Reorganization and Redesignation of Title IV; General Conforming Amendment Relating to Such Reorganization and Redesignation - Reorganizes and redesignates the parts of title IV of the Act.