0001| AN ACT | 0002| RELATING TO WELFARE REFORM; AMENDING SECTION 27-3-3 NMSA 1978 (BEING | 0003| LAWS 1973, CHAPTER 256, SECTION 3, AS AMENDED); ENACTING THE FAMILY | 0004| ASSISTANCE AND INDIVIDUAL RESPONSIBILITY ACT. | 0005| | 0006| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0007| Section 1. SHORT TITLE.--Sections 1 through 19 of this act may | 0008| be cited as the "Family Assistance and Individual Responsibility Act". | 0009| Section 2. INTENT--PURPOSE.-- | 0010| A. It is the intent of the legislature that the Family | 0011| Assistance and Individual Responsibility Act bring meaningful welfare | 0012| reform to the state and serve as the cornerstone of a new and better | 0013| welfare reform service delivery system that emphasizes the long-term | 0014| benefit of enhancing work-related training and education to increase | 0015| the probability of success and self-sufficiency for recipients of | 0016| assistance and their children. | 0017| B. The Family Assistance and Individual Responsibility Act | 0018| ensures to the maximum extent possible that welfare reform in New | 0019| Mexico takes place fairly and that parents of children will be helped | 0020| in becoming self-sufficient in the workplace. The Family Assistance | 0021| and Individual Responsibility Act establishes the program to be | 0022| carried out by the state with funds provided by the temporary | 0023| assistance for needy families block grant authorized by Section 103 of | 0024| P.L. 104-193. In submitting any state plan required to obtain a | 0025| temporary assistance for needy families block grant or under the child | 0001| care and development block grant, the governor shall seek the maximum | 0002| block grant funding and federal contingency fund allocations that are | 0003| available pursuant to P.L. 104-193. | 0004| Section 3. DEFINITIONS.--As used in the Family Assistance and | 0005| Individual Responsibility Act: | 0006| A. "department" means the human services department; | 0007| B. "secretary" means the secretary of human services; | 0008| C. "federal act" means Title IV of the federal Social | 0009| Security Act as amended by P.L. 104-193, the Personal Responsibility | 0010| and Work Opportunity Reconciliation Act of 1996; | 0011| D. "family" means a group of people having at least one | 0012| child and the child's parents or caretakers, all of whom live together | 0013| in the same household. A pregnant woman and her unborn child are | 0014| considered to be a family; | 0015| E. "parent" includes: | 0016| (1) the biological or adoptive parent of a child; | 0017| (2) a pregnant woman; and | 0018| (3) the spouse of a married pregnant woman; | 0019| F. "caretaker" means an adult related to a child by blood | 0020| or marriage having physical custody or guardianship of the child; | 0021| G. "child" means a person who is less than eighteen years | 0022| old and is not emancipated. A person who is eighteen years old but | 0023| who is expected to graduate from high school by his nineteenth | 0024| birthday is considered a child; | 0025| H. "minor parent" means a parent who is less than eighteen | 0001| years old; | 0002| I. "applicant" means a person who has applied for cash | 0003| assistance or services under the Family Assistance and Individual | 0004| Responsibility Act; | 0005| J. "recipient" means a person who is receiving cash | 0006| assistance or services under the Family Assistance and Individual | 0007| Responsibility Act; | 0008| K. "federal poverty guidelines" means the level of income | 0009| defining poverty thresholds by family size published in March of every | 0010| year in the federal register by the United States department of health | 0011| and human services; | 0012| L. "earned income" means cash, negotiable instruments or | 0013| property that may readily be sold or converted to cash that is | 0014| received as compensation for employment; | 0015| M. "unearned income" means income from benefits from a | 0016| public or private source, pensions, contributions, gifts and all other | 0017| income that does not meet the definition of earned income; | 0018| N. "resources" means the value of real property or personal | 0019| property owned by a person; | 0020| O. "liquid resources" means resources for which ownership | 0021| is evidenced by an instrument that is readily negotiable for cash; | 0022| P. "family assistance group" means a family with at least | 0023| one child living with a parent or caretaker and persons: | 0024| (1) living with the family who meet each individual | 0025| eligibility requirement of the Family Assistance and Individual | 0001| Responsibility Act; and | 0002| (2) who purchase and prepare food and pay for shelter | 0003| and utilities jointly; and | 0004| Q. "cash grant" means cash assistance provided to a family | 0005| under the Family Assistance and Individual Responsibilities Act. | 0006| Section 4. SINGLE STATE AGENCY--ASSISTANCE TO FAMILIES-- | 0007| COOPERATION WITH OTHER DEPARTMENTS IN PROVIDING SERVICES--CHILD | 0008| CARE.-- | 0009| A. The department is: | 0010| (1) responsible for administering the Family | 0011| Assistance and Individual Responsibility Act; and | 0012| (2) authorized to carry out the state program funded | 0013| by temporary assistance for needy families block grants made pursuant | 0014| to the federal act. | 0015| B. Subject to the availability of state and federal funds, | 0016| the department shall provide cash grants to families in financial need | 0017| pursuant to the Family Assistance and Individual Responsibility Act. | 0018| C. In administering the Family Assistance and Individual | 0019| Responsibility Act, the department shall cooperate with the children, | 0020| youth and families department, the labor department, the economic | 0021| development department, the department of health and the state | 0022| department of public education for the purposes of providing child | 0023| care, job training, job placement and educational services to | 0024| applicants and recipients. | 0025| Section 5. FINANCIAL NEED STANDARD--PAYMENT STANDARD--AMOUNT OF | 0001| CASH ASSISTANCE--PAYMENT REDUCTION.-- | 0002| A. The secretary shall establish a financial need standard | 0003| for purposes of determining the financial eligibility of a family | 0004| assistance group pursuant to the Family Assistance and Individual | 0005| Responsibility Act. The financial need standard shall be based on the | 0006| earned income and unearned income required for a family to maintain a | 0007| level of subsistence that includes costs of food, shelter and other | 0008| necessities but that excludes the cost of medical care. The financial | 0009| need standard for earned and unearned income shall not be less than | 0010| sixty-six percent of the federal poverty guidelines effective at the | 0011| beginning of each fiscal year. | 0012| B. The secretary shall establish a payment standard for | 0013| cash grants provided to a family pursuant to the Family Assistance and | 0014| Individual Responsibility Act. The payment standard shall be set | 0015| subject to the availability of state and federal funds appropriated | 0016| for the purpose of funding the Family Assistance and Individual | 0017| Responsibility Act. The payment standard may be less than the amount | 0018| set by the secretary in determining financial eligibility pursuant to | 0019| the Family Assistance and Individual Responsibility Act. | 0020| C. The amount of a cash grant that shall be paid to a | 0021| family pursuant to the Family Assistance and Individual Responsibility | 0022| Act is determined by deducting the total amount of non-exempt family | 0023| income from the payment standard set by the secretary pursuant to | 0024| Subsection B of this section. | 0025| D. If the amount of federal and state funds available is | 0001| insufficient to provide cash grants at the payment standard set | 0002| pursuant to Subsection B of this section, the secretary may by | 0003| regulation reduce the payment amount. However, the secretary shall | 0004| not reduce the payment amount below the level of grant amounts paid to | 0005| persons under the aid to families with dependent children program | 0006| under the Public Assistance Act that were in effect on July 1, 1996 | 0007| without first complying with Subsection G of Section 9-8-6 NMSA 1978. | 0008| Section 6. COMPOSITION OF THE FAMILY ASSISTANCE GROUP.-- | 0009| A. A family assistance group must include at least one | 0010| child living with a parent or a caretaker. | 0011| B. A family assistance group shall not include persons | 0012| living in the same household with the family who: | 0013| (1) do not make their income available to the family; | 0014| and | 0015| (2) have no legal responsibility to support children | 0016| in the family. | 0017| C. In determining the size of the family assistance group | 0018| for purposes of making a financial eligibility determination, the | 0019| department shall: | 0020| (1) consider a pregnant woman one person; and | 0021| (2) not include persons receiving: | 0022| (a) federal supplemental security income; | 0023| (b) adoption assistance payments; or | 0024| (c) foster care reimbursement. | 0025| D. The secretary may include additional persons to the | 0001| family assistance group pursuant to regulations that are consistent | 0002| with the federal act or with the Family Assistance and Individual | 0003| Responsibility Act. | 0004| Section 7. ELIGIBILITY--EXCEPTIONS.-- | 0005| A. A family assistance group is eligible for a cash grant | 0006| and services pursuant to the Family Assistance and Individual | 0007| Responsibility Act if: | 0008| (1) a parent or caretaker in the family is a resident | 0009| of the state; | 0010| (2) the family has a total monthly income that is | 0011| less than the financial need standard and meets financial eligibility | 0012| requirements set by the secretary pursuant to the Family Assistance | 0013| and Individual Responsibility Act; and | 0014| (3) the parents or caretakers in the family have met | 0015| all requirements set by the department for cooperating in obtaining | 0016| child support by the department as are required by Title IV-D of the | 0017| federal act. | 0018| B. A family assistance group shall be eligible for a cash | 0019| grant and services pursuant to the Family Assistance and Individual | 0020| Responsibility Act if the adult parent or caretaker in the family | 0021| assistance group has received less than a total of sixty months of | 0022| assistance in this state or any other state under a program funded in | 0023| whole or in part under the federal act, except for persons exempted | 0024| from the sixty-month limitation by the federal act or by regulations | 0025| of the secretary. | 0001| C. Effective July 1, 1998, for purposes of the sixty-month | 0002| limitation in Subsection B of this section, the secretary shall take | 0003| such steps necessary pursuant to the federal act to provide a good | 0004| cause waiver of the limitation for persons in the family assistance | 0005| group who have been battered or subjected to extreme cruelty if it is | 0006| determined by a health professional or the courts that it currently | 0007| affects their ability to work by: | 0008| (1) physical acts that resulted in or threatened to | 0009| result in physical injury to the person; | 0010| (2) sexual abuse; | 0011| (3) sexual activity involving a child; | 0012| (4) being forced as the caretaker of a child to | 0013| engage in nonconsensual sexual acts or activities; | 0014| (5) threats of, or attempts at, physical or sexual | 0015| abuse; | 0016| (6) mental abuse; or | 0017| (7) neglect or deprivation of medical care. | 0018| D. A person in a family is eligible for assistance pursuant | 0019| to the Family Assistance and Individual Responsibility Act if the | 0020| person is: | 0021| (1) a citizen of the United States; | 0022| (2) a lawful resident immigrant who entered the | 0023| United States before August 22, 1996; or | 0024| (3) a lawful resident immigrant who meets the | 0025| immigration status, work history or military service exceptions set | 0001| forth in Section 402(a)(2) of P.L. 104-193. | 0002| E. A person shall not be eligible to receive a cash grant | 0003| pursuant to the Family Assistance and Individual Responsibility Act if | 0004| the person: | 0005| (1) has within the previous ten years been convicted | 0006| of public benefit or medical assistance fraud as defined in Section | 0007| 408(a)(8) of P.L. 104-193; | 0008| (2) is a fleeing felon or parole violator as defined | 0009| in Section 408(a)(9) of P.L. 104-193; | 0010| (3) has within the past five years been convicted of | 0011| a drug-related felony, provided that a pregnant woman subject to this | 0012| eligibility exception may receive assistance under protective payment | 0013| regulations promulgated by the secretary; | 0014| (4) is a child who: | 0015| (a) has not graduated from high school and is | 0016| not attending school; or | 0017| (b) has been or is expected by the child's | 0018| parent or caretaker to be absent from the family home for a period of | 0019| forty-five consecutive days; or | 0020| (5) is over the age of sixty-five. | 0021| Section 8. SPECIAL ELIGIBILITY PROVISIONS FOR UNMARRIED MINOR | 0022| PARENTS.--If a family assistance group is composed of an unmarried | 0023| minor parent and the child of the minor parent, that minor parent must | 0024| meet all requirements for living arrangements and school attendance | 0025| set by the secretary under regulations consistent with requirements of | 0001| the federal act. The department shall not require applicants and | 0002| recipients who are unemancipated minor parents to live in the home of | 0003| their parents without first making a determination that living in | 0004| their parents' home will be safe and that their parents want them to | 0005| remain in their home. The department shall establish procedures for | 0006| making such determinations. | 0007| Section 9. FINANCIAL ELIGIBILITY--CASH GRANT-- | 0008| INCOME--RESOURCES.-- | 0009| A. The secretary shall define by regulation exempt and non- | 0010| exempt income and resources to be used in determining financial | 0011| eligibility for a cash grant and services pursuant to the Family | 0012| Assistance and Individual Responsibility Act. | 0013| B. For any person in the family assistance group whose | 0014| income is to be counted in determining the amount of the cash grant, | 0015| the secretary shall disregard: | 0016| (1) the first thirty dollars ($30.00) of monthly | 0017| earned income and one-third of the remaining monthly earned income; | 0018| (2) ninety dollars ($90.00) of monthly earned income, | 0019| which shall be considered necessary to meet work-related expenses; | 0020| (3) monthly payments made for child care for a child | 0021| in the family assistance group up to a maximum of two hundred dollars | 0022| ($200) for a child who is less than two years old and one hundred | 0023| seventy-five dollars ($175) for a child who is two years old or older; | 0024| and | 0025| (4) monthly child support payments received by the | 0001| family assistance group up to a maximum of one hundred dollars ($100). | 0002| C. Income of persons living in the same household with the | 0003| family assistance group who do not make their income available to the | 0004| family assistance group and have no legal responsibility to support | 0005| members of the family assistance group shall not be included in the | 0006| consideration of the financial eligibility of the family for a cash | 0007| grant or services pursuant to the Family Assistance and Individual | 0008| Responsibility Act. | 0009| D. The secretary shall exempt the following resources: | 0010| (1) not less than two thousand dollars ($2,000) of | 0011| non-liquid resources and not less than one thousand five hundred | 0012| dollars ($1,500) of liquid resources; | 0013| (2) the value of one motor vehicle; | 0014| (3) the value of real property that is used as the | 0015| principal residence of the family; | 0016| (4) the equity value of funeral agreements owned by a | 0017| person in the family assistance group that does not exceed one | 0018| thousand five hundred dollars ($1,500); and | 0019| (5) resources of persons who live with the family but | 0020| have no legal responsibility to support children in the family. | 0021| Section 10. INDIVIDUAL DEVELOPMENT ACCOUNTS.-- | 0022| A. An "individual development account" is an account | 0023| established by a recipient for any of the following: | 0024| (1) providing for the expenses of post-secondary | 0025| education; | 0001| (2) setting aside funds for the purchase of a first | 0002| home; and | 0003| (3) contributing to a business capitalization | 0004| account. | 0005| B. The secretary shall by regulation establish standards | 0006| that enable recipients to fund individual development accounts for | 0007| each of the purposes in Subsection A of this section that are | 0008| consistent with the requirements in Section 404(h) of P.L. 104-193. | 0009| C. Funds deposited in an individual development account | 0010| shall not be counted as resources by the department in determining | 0011| financial eligibility for assistance or services pursuant to the | 0012| Family Assistance and Individual Responsibility Act. | 0013| Section 11. INITIAL ELIGIBILITY DETERMINATION--CONTINUING | 0014| ELIGIBILITY--CERTIFICATION.-- | 0015| A. Not later than thirty days after an applicant files an | 0016| application for a cash grant or services pursuant to the Family | 0017| Assistance and Individual Responsibility Act, the department shall | 0018| make a determination of the applicant's eligibility. | 0019| B. The department shall review eligibility for recipients | 0020| at least once every six months. The review shall include: | 0021| (1) the recipient's current financial eligibility; | 0022| and | 0023| (2) a determination of whether recipients are meeting | 0024| work requirements as provided in the Family Assistance and Individual | 0025| Responsibility Act and regulations adopted by the secretary pursuant | 0001| to that act. | 0002| Section 12. WORK REQUIREMENT--EXEMPTIONS.-- | 0003| A. A recipient who is a parent or caretaker in a family | 0004| must be engaged in one or more of the work activities set out in | 0005| Subsection B of this section not later than twenty-four months after | 0006| the person becomes a recipient, unless the person is exempt from work | 0007| requirements under regulations adopted by the secretary. | 0008| B. Work activities that qualify in meeting the work | 0009| requirement include: | 0010| (1) unsubsidized employment; | 0011| (2) subsidized private sector employment; | 0012| (3) subsidized public sector employment; | 0013| (4) a program of work experience; | 0014| (5) on-the-job training; | 0015| (6) assisted job search for a period not to exceed | 0016| three weeks; | 0017| (7) job skills training directly related to | 0018| employment; | 0019| (8) community service programs, where sufficient | 0020| public or private sector employment is not available; | 0021| (9) vocational education programs; | 0022| (10) education directed toward obtaining a high | 0023| school diploma or a certificate of high school equivalency; | 0024| (11) post-secondary education programs directly | 0025| related to specific employment opportunities; and | 0001| (12) child care for other recipients, provided the | 0002| recipient: | 0003| (a) meets training and registration requirements | 0004| for child-care providers established by the children, youth and | 0005| families department; and | 0006| (b) meets requirements of the child nutrition | 0007| program. | 0008| C. The secretary shall exempt the following recipients from | 0009| the requirement of Subsection A of this section: | 0010| (1) a person who: | 0011| (a) is unable to work due to advanced age or a | 0012| disability; | 0013| (b) is a single parent with a child less than | 0014| twelve months old who has not been exempted for more than twelve | 0015| months under such an exemption in the past; or | 0016| (c) is a parent caring for a child with a | 0017| disability or caring for an adult with a disability; | 0018| (2) one parent or caretaker in a two-parent family | 0019| that does not receive state-assisted child care; or | 0020| (3) a person who meets other exemptions set by the | 0021| secretary. | 0022| D. In setting the number of hours that a recipient shall | 0023| engage in a work activity under Subsection B of this section, the | 0024| secretary shall not require hours of work on an average weekly basis | 0025| that exceed the minimum requirements necessary for the state to meet | 0001| work participation rates under the federal act, unless the recipient | 0002| agrees to additional hours in an individual responsibility plan made | 0003| pursuant to Section 14 of the Family Assistance and Individual | 0004| Responsibility Act. | 0005| Section 13. EMPLOYABILITY ASSESSMENTS.-- | 0006| A. The department shall make assessment of the skills, | 0007| prior work experience and employability of each recipient who: | 0008| (1) is eighteen years of age or older; or | 0009| (2) has not received a high school diploma or | 0010| certificate of high school equivalency and is not attending high | 0011| school or participating in an alternative secondary education program. | 0012| B. The assessment in Subsection A of this section shall be | 0013| conducted within thirty days of a determination of eligibility for a | 0014| cash grant or services. The assessment may be conducted by the | 0015| department or other public or private agencies at the discretion of | 0016| the secretary. | 0017| Section 14. INDIVIDUAL RESPONSIBILITY PLANS.-- | 0018| A. Within a reasonable time after the department conducts | 0019| an assessment for a recipient pursuant to Section 12 of the Family | 0020| Assistance and Individual Responsibility Act, the department shall, | 0021| after consultation with the recipient, require the recipient to enter | 0022| into an individual responsibility plan. The individual responsibility | 0023| plan shall: | 0024| (1) set forth an employment goal for the recipient | 0025| that is consistent with moving the individual into public or private | 0001| sector employment; | 0002| (2) set forth obligations of the recipient in moving | 0003| toward becoming and remaining employed in the public or private | 0004| sector; and | 0005| (3) describe the services the department will provide | 0006| to the recipient so that the recipient will be able to obtain | 0007| employment, including educational assistance, job counseling and job | 0008| placement services. | 0009| B. An individual responsibility plan for a person shall | 0010| include: | 0011| (1) a program of secondary education or its | 0012| equivalent where the person is a minor parent who has not received a | 0013| high school diploma or certificate of high school equivalency; | 0014| (2) a program of secondary education or its | 0015| equivalent for a person over the age of eighteen who has not received | 0016| a high school diploma or a certificate of high school equivalency | 0017| where high school equivalency is necessary for the person to be | 0018| employed, provided that the individual responsibility plan for a | 0019| person over the age of twenty years shall include sufficient hours in | 0020| an additional work activity that the department has determined will | 0021| meet work activity participation requirements pursuant to the federal | 0022| act; or | 0023| (3) a program of vocational education for more than | 0024| one year or a program of post-secondary education if: | 0025| (a) the person has initiated such a program and | 0001| can demonstrate that he will complete the program within two years; | 0002| (b) the department has reason to believe that | 0003| there will be job openings in sufficient numbers in New Mexico that | 0004| require the educational qualifications provided by the program; | 0005| (c) the plan contains reasonable standards to | 0006| measure the adult's progress in such educational program; and | 0007| (d) the plan includes sufficient hours in an | 0008| additional work activity that the department has determined will meet | 0009| work activity participation requirements pursuant to the federal act. | 0010| C. An individual responsibility plan that includes | 0011| community service as a work activity shall set forth the duration of | 0012| such community service and how the community service will help the | 0013| person develop skills for full-time future employment. The department | 0014| shall not use community service as a requirement for a recipient's | 0015| continued eligibility for assistance pursuant to the Family Assistance | 0016| and Individual Responsibility Act unless an individual responsibility | 0017| plan containing the provisions of this subsection is in place. | 0018| D. The department may sanction or impose financial | 0019| penalties on a recipient for failure to comply with the provisions of | 0020| an individual responsibility plan and may terminate assistance or | 0021| services to a family assistance group if a recipient refuses to enter | 0022| an individual responsibility plan as provided in Subsection A of this | 0023| section. | 0024| Section 15. SERVICES.-- | 0025| A. A recipient who engages in a work activity shall be | 0001| entitled to services from the department that support the employment | 0002| goal in the recipient's individual responsibility plan and enable the | 0003| recipient to engage in a work activity. Such services shall include: | 0004| (1) child-care assistance; | 0005| (2) reimbursement of employment-related | 0006| transportation expenses; and | 0007| (3) job search assistance and employment counseling. | 0008| B. The department shall provide services in a fair manner | 0009| to all recipients consistent with assisting recipients to attain | 0010| family-sustaining employment. | 0011| Section 16. MEDICAID.-- | 0012| A. A recipient shall be categorically eligible for | 0013| medicaid. | 0014| B. A person who becomes financially ineligible for a cash | 0015| grant or services pursuant to the Family Assistance and Individual | 0016| Responsibility Act because of earned income shall continue to be | 0017| eligible for medicaid for a period of at least one year. | 0018| C. The children of the family assistance group shall | 0019| continue to be medicaid eligible until the income of the family | 0020| exceeds one hundred eighty-five percent of the federal poverty | 0021| guidelines. | 0022| Section 17. PENALTIES AGAINST INDIVIDUALS.-- | 0023| A. Subject to the provisions of Subsections B and C of this | 0024| section, the department may impose financial penalties or sanctions | 0025| on, and may terminate assistance or services to, a recipient or a | 0001| family assistance group for failure of the recipient or family | 0002| assistance group to comply with requirements of the Family Assistance | 0003| and Individual Responsibility Act. | 0004| B. The department shall not impose any sanction or | 0005| financial penalty on a family assistance group for a single act of | 0006| noncompliance with work requirements or non-cooperation in child | 0007| support or other requirements of the Family Assistance and Individual | 0008| Responsibility Act by a recipient: | 0009| (1) that results in the amount of a cash grant to the | 0010| family assistance group being reduced by more than twenty-five percent | 0011| of the cash grant received by the family assistance group at the time | 0012| the sanction or financial penalty is imposed; and | 0013| (2) without first considering whether the recipient | 0014| had good cause for such noncompliance. | 0015| C. The department shall not reduce or terminate a cash | 0016| grant to a family assistance group based on a refusal of a recipient | 0017| to engage in a work activity, if the recipient: | 0018| (1) is a single custodial parent caring for a child | 0019| who has not attained six years of age; and | 0020| (2) establishes an inability to obtain needed child | 0021| care for one or more of the following reasons: | 0022| (a) unavailability of appropriate child care | 0023| within a reasonable distance from the recipient's home or work site; | 0024| (b) unavailability or unsuitability of informal | 0025| child care by a relative or other person; and | 0001| (c) unavailability of appropriate and affordable | 0002| formal child care arrangements. | 0003| Section 18. TRANSITIONAL PROVISIONS.-- | 0004| A. Family assistance groups that were receiving aid to | 0005| families with dependent children under the Public Assistance Act on | 0006| the effective date of the Family Assistance and Individual | 0007| Responsibility Act will be eligible for assistance and services under | 0008| the Family Assistance and Individual Responsibility Act for thirty | 0009| days from the effective date of Family Assistance and Individual | 0010| Responsibility Act or until their eligibility under that act is | 0011| determined. | 0012| B. Recipients engaged in work activities, including | 0013| educational programs, that were approved by the department under | 0014| project forward on or before July 1, 1997 shall be allowed to continue | 0015| those work activities under the terms and conditions established by | 0016| project forward. | 0017| Section 19. CHILD SUPPORT PASS THROUGH.--For any month that the | 0018| department collects child support payments for a child that is a | 0019| recipient of a cash grant or services under the Family Assistance and | 0020| Individual Responsibility Act, the department shall make a payment | 0021| from the amount collected of up to one hundred dollars ($100) to the | 0022| parent or caretaker of that child. | 0023| Section 20. Section 27-3-3 NMSA 1978 (being Laws 1973, Chapter | 0024| 256, Section 3, as amended) is amended to read: | 0025| "27-3-3. FAIR HEARING.-- | 0001| A. An applicant for or recipient of assistance or services | 0002| under any provisions of the Public Assistance Act, Social Security | 0003| Act, Special Medical Needs Act or Family Assistance and Individual | 0004| Responsibility Act or regulations of the board adopted pursuant to | 0005| those acts may request a hearing in accordance with regulations of the | 0006| board if: | 0007| (1) an application is not acted upon within a | 0008| reasonable time after the filing of the application; | 0009| (2) an application is denied in whole or in part; or | 0010| (3) the assistance or services are modified, | 0011| terminated or not provided. | 0012| The department shall notify the recipient or applicant of his | 0013| rights under this section. | 0014| B. The board shall by regulation establish procedures for | 0015| the filing of a request for a hearing and the time limits within which | 0016| a request may be filed; provided, however, that the department may | 0017| grant reasonable extensions of the time limits. If the request is not | 0018| filed within the specified time for appeal or within whatever | 0019| extension the department may grant, the department action shall be | 0020| final. Upon receipt of a timely request, the department shall give | 0021| the applicant or recipient reasonable notice of an opportunity for a | 0022| fair hearing in accordance with the regulations of the board. | 0023| C. The hearing shall be conducted by a hearing officer | 0024| designated by the director. The powers of the hearing officer shall | 0025| include administering oaths or affirmations to witnesses called to | 0001| testify, taking testimony, examining witnesses, admitting or excluding | 0002| evidence and reopening any hearing to receive additional evidence. | 0003| The technical rules of evidence and the rules of civil procedure shall | 0004| not apply. The hearing shall be conducted so that the contentions or | 0005| defenses of each party to the hearing are amply and fairly presented. | 0006| Either party may be represented by counsel or other representative of | 0007| his designation, and he or his representative may conduct cross- | 0008| examination. Any oral or documentary evidence may be received, but | 0009| the hearing officer may exclude irrelevant, immaterial or unduly | 0010| repetitious evidence. | 0011| D. The director shall review the record of the proceedings | 0012| and shall make a decision thereon. The applicant or recipient or his | 0013| representative shall be notified in writing of the director's decision | 0014| and the reasons for the decision. The written notice shall inform the | 0015| applicant or recipient of his right to judicial review. The | 0016| department shall be responsible for assuring that the decision is | 0017| enforced." | 0018| Section 21. TEMPORARY PROVISION.-- | 0019| A. Until eligibility determinations and cash grants are | 0020| made pursuant to the Family Assistance and Individual Responsibility | 0021| Act, the department shall continue aid to families with dependent | 0022| children pursuant to the Public Assistance Act. | 0023| B. Eligibility determinations and cash grants shall be made | 0024| pursuant to the Family Assistance and Individual Responsibility Act | 0025| effective on the first occurrence of: | 0001| (1) the date that the secretary of the United States | 0002| department of health and human services receives a plan from the | 0003| department pursuant to Section 103 of P.L. 104-193; or | 0004| (2) July 1, 1997. | 0005| Section 22. REPEAL.--Section 27-2-33 NMSA 1978 (being Laws | 0006| 1937, Chapter 18, Section 21) is repealed. |