Report Title:

TANF; Homeless Assistance for Domestic Violence Victims

 

Description:

Requires department of human services to grant to families homeless assistance, under specified circumstances, as an allowance for nonrecurring special needs when homelessness is a direct result of domestic violence.  Allows verification by sworn statement of victim.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

1496

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

relating to temporary assistance for needy families.

 

 

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

 


     SECTION 1.  The legislature finds that existing federal law provides for allocation of federal funds through the federal temporary assistance for needy families block grant program to eligible states in the form of cash assistance and other benefits to qualified low-income families.  The legislature further finds that a state of homelessness can occur for varied reasons, including being made homeless as a direct result of being the subject of domestic violence.

     The purpose of this Act is to require the department of human services to grant to families homeless assistance, under specified circumstances, as an allowance for nonrecurring special needs when homelessness is a direct result of domestic violence by a spouse, partner, or roommate, to be verified by a third party governmental or private health or human services agency or by a sworn statement made by the victim.

     SECTION 2.  Chapter 346, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§346‑     Temporary assistance for needy families; homeless assistance; verification; notification; not income; rules.  (a)  A family shall be eligible for temporary and permanent homeless assistance when homelessness is a direct result of domestic violence by a spouse, partner, or roommate.  These circumstances shall be verified by a third-party governmental or private health or human services agency, except that domestic violence may also be verified by a sworn statement by the victim.  Homeless assistance payments based on these specific circumstances may not be received more often than once in any twelve‑month period.  In addition, if the domestic violence is verified by a sworn statement by the victim, the homeless assistance payments shall be limited to two periods of not more than sixteen consecutive calendar days of temporary assistance and two payments of permanent assistance.  A recipient of homeless assistance benefits who qualifies under this subsection for a second time in a twenty-four‑month period shall be required to participate in a homelessness avoidance case plan as a condition of eligibility for homeless assistance benefits.  The plan shall review whether services were offered to the recipient and consider what additional services would assist the recipient in leaving the domestic violence situation.

     (b)  A family is considered homeless, for the purpose of this section, when the family:

     (1)  Lacks a fixed and regular nighttime residence;

     (2)  Has a primary nighttime residence that is a supervised publicly or privately operated shelter designed to provide temporary living accommodations; or

     (3)  Is residing in a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings.

     (c)  The department shall notify all applicants and recipients of aid through the department's standardized application form that these benefits are available and shall provide an opportunity for recipients to apply for the funds quickly and efficiently.

     (d)  The amounts payable to recipients shall not constitute income to recipients of aid under this section.

     (e)  The department shall adopt rules in accordance with chapter 91 to ensure the uniform statewide application of this section."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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