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USA Statutes : maine
Title : Title 22. HEALTH AND WELFARE
Chapter : Chapter 1054-A. ADDITIONAL SUPPORT FOR PEOPLE IN RETRAINING AND EDUCATION PROGRAM (HEADING. PL 1987, c. 856, @7 (new))
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Title 22 - §3781-A. Additional Support for People in Retraining and Employment-Temporary Assistance for Needy Families established
Title 22: HEALTH AND WELFARE
Subtitle 3: INCOME SUPPLEMENTATION (HEADING: PL 1973, c. 790, @1 (amd))
Part 3: Children
Chapter 1054-A: ADDITIONAL SUPPORT FOR PEOPLE IN RETRAINING AND EDUCATION PROGRAM (HEADING: PL 1987, c. 856, @7 (new))
§3781-A. Additional Support for People in Retraining and Employment-Temporary Assistance for Needy Families established
1. ASPIRE-TANF program defined. "ASPIRE-TANF program" means the Additional Support for People in Retraining and Employment - Temporary Assistance for Needy
Families program established pursuant to this chapter and the federal Personal Responsibility and Work Opportunity Reconciliation
Act of 1996. "TANF" means the program created in chapter 1053-B.
[1997, c. 530, Pt. A, §18 (amd).]
2. Administration. The ASPIRE-TANF program is established. The department shall administer the program.
[1997, c. 530, Pt. A, §18 (amd).]
3. Purpose. The purpose of this program is to provide services and support to recipients of Temporary Assistance for Needy Families
and to reduce dependence on public assistance to the extent that adequate funding is available for that purpose. The principal
goal is to focus on helping people obtain and retain employment that sustains their families.
[1997, c. 530, Pt. A, §18 (amd).]
4. Limitation or reduction of services when resources inadequate. The department shall adopt rules in accordance with the Maine Administrative Procedure Act that include methods for limiting
or reducing services when adequate resources are not available.
[1993, c. 385, §16 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §3781. Additional Support for People in Retraining and Education Program established (REPEALED)
Title 22: HEALTH AND WELFARE
Subtitle 3: INCOME SUPPLEMENTATION (HEADING: PL 1973, c. 790, @1 (amd))
Part 3: Children
Chapter 1054-A: ADDITIONAL SUPPORT FOR PEOPLE IN RETRAINING AND EDUCATION PROGRAM (HEADING: PL 1987, c. 856, @7 (new))
§3781. Additional Support for People in Retraining and Education Program established (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §3782-A. ASPIRE-TANF program
Title 22: HEALTH AND WELFARE
Subtitle 3: INCOME SUPPLEMENTATION (HEADING: PL 1973, c. 790, @1 (amd))
Part 3: Children
Chapter 1054-A: ADDITIONAL SUPPORT FOR PEOPLE IN RETRAINING AND EDUCATION PROGRAM (HEADING: PL 1987, c. 856, @7 (new))
§3782-A. ASPIRE-TANF program
1. Case management services. The department shall provide case management services to individuals participating in the ASPIRE-TANF program, referred
to in this section as the "program." The department shall adopt rules in accordance with the Maine Administrative Procedure
Act defining or describing those services.
[1997, c. 530, Pt. A, §19 (amd).]
2. Purchase of services. The department may contract with public and private agencies and individuals to deliver employment, training and other services
for program participants consistent with the purposes of the program.
Program funds may not be used to purchase services from an agency under this subsection that are available on a nonreimbursable
basis, if those nonreimbursable services meet the needs of a program participant.
[1993, c. 385, §17 (rpr).]
3. Monitoring of contract agencies. If the department contracts for the provision of program services under this section, it shall monitor each contract agency
at least annually to ensure compliance with sections 3786 and 3788 to ensure compliance with the contracts entered into by
the parties and to ensure that quality services are provided for program participants. The department shall adopt rules in
accordance with the Maine Administrative Procedure Act by which satisfactory performance is measured. The rules must identify
the circumstances under which sanctions, including contract suspension, reduction or termination, are applied.
[1993, c. 385, §17 (rpr).]
4. Rural access. The department shall adopt rules in accordance with the Maine Administrative Procedure Act to provide access to Additional
Support for People in Retraining and Employment - Temporary Assistance for Needy Families program services for recipients
of Temporary Assistance for Needy Families living in rural areas. Services must be provided on an equitable basis throughout
the State. Access to these services may be reasonably limited by the department due to factors such as availability of staff
and funding. The rules adopted by the department must include, in addition to other methods necessary to achieve this goal,
adequate provisions for itinerant service stationing.
[1997, c. 530, Pt. A, §19 (amd).]
5. Child care during participation in employment, education and training. The department shall provide child care in accordance with federal law and this Title when the child care is necessary to
permit a TANF-eligible family member to participate in the ASPIRE-TANF program.
The department shall provide an ASPIRE-TANF program participant's actual cost for child care up to the maximum rate authorized
by federal law. In determining the maximum rate, the State shall use a method that results in an amount that equals, or most
closely approaches, the actual market rate in different regions of the State for various types of child care services received
by families in the State participating in the ASPIRE-TANF program.
[1997, c. 530, Pt. A, §19 (new).]
6. Rulemaking. The department shall adopt rules to implement this subsection. Except as specifically provided, rules adopted pursuant to
this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter II-A.
[1997, c. 530, Pt. A, §19 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §3782. Program (REPEALED)
Title 22: HEALTH AND WELFARE
Subtitle 3: INCOME SUPPLEMENTATION (HEADING: PL 1973, c. 790, @1 (amd))
Part 3: Children
Chapter 1054-A: ADDITIONAL SUPPORT FOR PEOPLE IN RETRAINING AND EDUCATION PROGRAM (HEADING: PL 1987, c. 856, @7 (new))
§3782. Program (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §3783. Transitional support services (REPEALED)
Title 22: HEALTH AND WELFARE
Subtitle 3: INCOME SUPPLEMENTATION (HEADING: PL 1973, c. 790, @1 (amd))
Part 3: Children
Chapter 1054-A: ADDITIONAL SUPPORT FOR PEOPLE IN RETRAINING AND EDUCATION PROGRAM (HEADING: PL 1987, c. 856, @7 (new))
§3783. Transitional support services (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §3784. Medical assistance program (REPEALED)
Title 22: HEALTH AND WELFARE
Subtitle 3: INCOME SUPPLEMENTATION (HEADING: PL 1973, c. 790, @1 (amd))
Part 3: Children
Chapter 1054-A: ADDITIONAL SUPPORT FOR PEOPLE IN RETRAINING AND EDUCATION PROGRAM (HEADING: PL 1987, c. 856, @7 (new))
§3784. Medical assistance program (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §3785-A. Sanction process
Title 22: HEALTH AND WELFARE
Subtitle 3: INCOME SUPPLEMENTATION (HEADING: PL 1973, c. 790, @1 (amd))
Part 3: Children
Chapter 1054-A: ADDITIONAL SUPPORT FOR PEOPLE IN RETRAINING AND EDUCATION PROGRAM (HEADING: PL 1987, c. 856, @7 (new))
§3785-A. Sanction process
Prior to imposing a sanction against an individual, the department must complete the sanction process, which includes the
following.
[2001, c. 335, §1 (new).]
1. Procedures. Prior to imposing a sanction against an individual for failure to comply with Temporary Assistance for Needy Families or
ASPIRE-TANF rules, the department shall:
A. Thoroughly review the circumstances of the individual;
[2001, c. 335, §1 (new).]
B. Provide the individual with a notice that states the basis for the sanction and a complete list of good cause reasons as
set forth in section 3785;
[2001, c. 335, §1 (new).]
C. Provide the individual with an opportunity to inform the department of good cause circumstances under section 3785; and
[2001, c. 335, §1 (new).]
D. Obtain supervisory approval of the recommendation of the case manager to impose a sanction.
[2001, c. 335, §1 (new).]
[2001, c. 335, §1 (new).]
2. Information and report. The department shall maintain the following data, compiled and maintained by county and by calendar month, regarding the
imposition of sanctions:
A. The number of sanctions recommended by case managers to supervisors; and
[2001, c. 335, §1 (new).]
B. The number of sanctions denied or approved and imposed by the department.
[2001, c. 335, §1 (new).]
[2001, c. 335, §1 (new).]
3. Rulemaking. The department shall adopt rules to implement the sanction procedures required by this section. Rules adopted pursuant
to this section are routine technical rules as defined by Title 5, chapter 375, subchapter II-A.
[2001, c. 335, §1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §3785. Sanctions
Title 22: HEALTH AND WELFARE
Subtitle 3: INCOME SUPPLEMENTATION (HEADING: PL 1973, c. 790, @1 (amd))
Part 3: Children
Chapter 1054-A: ADDITIONAL SUPPORT FOR PEOPLE IN RETRAINING AND EDUCATION PROGRAM (HEADING: PL 1987, c. 856, @7 (new))
§3785. Sanctions
An individual may not be sanctioned under this program or Temporary Assistance for Needy Families for failure to participate
in the ASPIRE-TANF program if that failure to participate is based on good cause. Each individual participating in an ASPIRE-TANF
orientation must receive written and oral notice of what constitutes good cause for nonparticipation in ASPIRE-TANF including
the domestic violence exception. Good cause for failure to participate in this program must be found when there is reasonable
and verifiable evidence of:
[1997, c. 530, Pt. A, §20 (amd).]
1. Illness or incapacitation. The individual's illness, incapacity or advanced age, or the illness or incapacity of a household member, that requires
the individual to provide care in the home;
[1993, c. 385, §18 (amd).]
2. Sexual harassment. Sexual harassment at a program-approved component;
[1993, c. 385, §18 (amd).]
3. Court-required appearance; incarceration. Court-required appearance or incarceration;
[1987, c. 856, §7 (new).]
4. Lack of supportive services. Lack or breakdown of necessary supportive services such as child care or transportation with no appropriate alternatives
available;
[1993, c. 385, §18 (amd).]
5. Inclement weather. Inclement weather that prevents the individual from traveling to an activity when the weather is severe enough to prevent
other individuals from traveling to the same activity;
[1993, c. 385, §18 (amd).]
6. Assignment to another activity. Assignment by the department to an activity or component that has not been made part of the family contract;
[1997, c. 530, Pt. A, §21 (amd).]
7. Remoteness. Participation that requires the individual to travel outside the individual's immediate geographic area, defined as an area
within a 2-hour round trip commute;
[1993, c. 385, §18 (amd).]
8. Crisis or special circumstance. A crisis or special circumstance that causes an individual to be absent from or discontinue a department activity about
which the department has been advised and has determined to constitute good cause;
[1997, c. 530, Pt. A, §22 (amd).]
9. Good cause.
[1989, c. 839, §8 (rp).]
10. Caretakers of children under 6 years of age.
[1995, c. 418, Pt. A, §28 (rp).]
11. Net loss of cash income.
[1995, c. 418, Pt. A, §28 (rp).]
12. Other good cause. Any other reason resulting in failure to participate that is beyond the control of the individual or that a reasonable person
would determine to be good cause; or
[1997, c. 530, Pt. A, §23 (amd).]
13. Domestic violence. Inability to participate due to domestic violence when the individual is unable to participate because of physical injuries
or the psychological effects of abuse; because of legal proceedings, counseling or other activities related to abuse; because
the abuser actively interferes with the individual's participation; because the location puts the individual at risk; or for
other good cause related to domestic violence. For the purposes of this subsection, reasonable and verifiable evidence may
include but is not limited to the following:
A. Court, medical, law enforcement, child protective, social services, psychological or other records that establish that the
individual has been a victim of domestic violence; or
[1997, c. 530, Pt. A, §24 (new).]
B. Sworn statements from persons other than the individual with knowledge of the circumstances affecting the individual.
[1997, c. 530, Pt. A, §24 (new).]
[1997, c. 530, Pt. A, §24 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §3786. Rules
Title 22: HEALTH AND WELFARE
Subtitle 3: INCOME SUPPLEMENTATION (HEADING: PL 1973, c. 790, @1 (amd))
Part 3: Children
Chapter 1054-A: ADDITIONAL SUPPORT FOR PEOPLE IN RETRAINING AND EDUCATION PROGRAM (HEADING: PL 1987, c. 856, @7 (new))
§3786. Rules
The department shall adopt rules in accordance with the Maine Administrative Procedure Act for the implementation of this
chapter.
[1993, c. 385, §19 (amd).]
div>
Rules governing services provided under this chapter apply equally to all participating Temporary Assistance for Needy Families
recipients, whether those services are provided by the department or any other agency, organization or individual providing
TANF program services to participants.
[1997, c. 530, Pt. A, §25 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §3787. Availability of funds
Title 22: HEALTH AND WELFARE
Subtitle 3: INCOME SUPPLEMENTATION (HEADING: PL 1973, c. 790, @1 (amd))
Part 3: Children
Chapter 1054-A: ADDITIONAL SUPPORT FOR PEOPLE IN RETRAINING AND EDUCATION PROGRAM (HEADING: PL 1987, c. 856, @7 (new))
§3787. Availability of funds
Nothing in this chapter may be construed to mean that a department, agency, institution or program is required to obligate
or expend funds beyond existing funds available to them for these purposes.
[1993, c. 385, §20 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §3788-A. MaineServe
Title 22: HEALTH AND WELFARE
Subtitle 3: INCOME SUPPLEMENTATION (HEADING: PL 1973, c. 790, @1 (amd))
Part 3: Children
Chapter 1054-A: ADDITIONAL SUPPORT FOR PEOPLE IN RETRAINING AND EDUCATION PROGRAM (HEADING: PL 1987, c. 856, @7 (new))
§3788-A. MaineServe
The department shall establish a MaineServe program designed to provide parents who are eligible for TANF assistance opportunities
to serve their communities and the State.
[1997, c. 530, Pt. A, §27 (amd).]
1. Purposes. The purposes of the MaineServe program are as follows:
A. To meet the human, educational, environmental and public safety needs of this State without displacing existing workers;
[1995, c. 418, Pt. A, §34 (new).]
B. To renew the ethic of civic responsibility and the spirit of community throughout the State;
[1995, c. 418, Pt. A, §34 (new).]
C. To encourage parents who are eligible for TANF assistance to engage in voluntary service to the State;
[1997, c. 530, Pt. A, §27 (amd).]
D. To expand and strengthen existing nonprofit and public sector initiatives that are addressing the needs of their communities
and of the State; and
[1995, c. 418, Pt. A, §34 (new).]
E. To provide parents who are eligible for TANF the opportunities to serve their communities and the State in a manner that
assists them in developing and renewing their skills in ways that may lead to employment that is sufficient to sustain their
families.
[1997, c. 530, Pt. A, §27 (amd).]
[1997, c. 530, Pt. A, §27 (amd).]
2. Eligibility. Any ASPIRE-TANF participant over 16 years of age is eligible to volunteer for MaineServe, except that any person under 20
years of age who has not completed high school or its equivalent must also participate in an educational activity designed
to complete high school education.
[1997, c. 530, Pt. A, §27 (amd).]
3. Duration of service. MaineServe volunteers may serve for up to 9 months. At the end of the service period, the MaineServe volunteer and the
ASPIRE-TANF case manager shall evaluate the MaineServe placement. If it is determined to be appropriate, the MaineServe volunteer
may renew the placement within MaineServe.
[1997, c. 530, Pt. A, §27 (amd).]
4. Conditions of service. The MaineServe program is an alternative work experience program subject to the standards set out in the Social Security
Act, 42 United States Code, Section 682(f).
[1995, c. 418, Pt. A, §34 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §3788-B. ASPIRE-Plus
Title 22: HEALTH AND WELFARE
Subtitle 3: INCOME SUPPLEMENTATION (HEADING: PL 1973, c. 790, @1 (amd))
Part 3: Children
Chapter 1054-A: ADDITIONAL SUPPORT FOR PEOPLE IN RETRAINING AND EDUCATION PROGRAM (HEADING: PL 1987, c. 856, @7 (new))
§3788-B. ASPIRE-Plus
The department shall establish an on-the-job training program called ASPIRE-Plus to encourage employers to develop jobs for
ASPIRE-TANF program participants.
[1997, c. 530, Pt. A, §28 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §3788. Program requirements
Title 22: HEALTH AND WELFARE
Subtitle 3: INCOME SUPPLEMENTATION (HEADING: PL 1973, c. 790, @1 (amd))
Part 3: Children
Chapter 1054-A: ADDITIONAL SUPPORT FOR PEOPLE IN RETRAINING AND EDUCATION PROGRAM (HEADING: PL 1987, c. 856, @7 (new))
§3788. Program requirements
1. Notice of program assistance. The department shall provide written notice to all applicants for and recipients of the Temporary Assistance for Needy Families
program of the range of education, employment and training opportunities, and the types of support services, including transitional
support services and medical assistance, available under the ASPIRE-TANF program, together with a statement that all participants
may apply for those opportunities and services.
[1997, c. 530, Pt. A, §26 (amd).]
1-A. Information about and application for Parents as Scholars. When there are fewer than 2,000 enrollees in the Parents as Scholars Program under chapter 1054-B, the department shall
inform all persons applying for ASPIRE-TANF and all ASPIRE-TANF participants reviewing or requesting to amend their education,
training or employment program under ASPIRE-TANF of the program and shall offer them the opportunity to apply for the program.
[1997, c. 530, Pt. A, §26 (new).]
2. Application; decision. As part of the orientation process for ASPIRE-TANF, all participants must be given the opportunity to apply for any education,
training and employment and support services at the office of the program serving the area in which the individual lives.
At orientation, each participant shall receive a complete list of all support services and education, training and employment
services available under the ASPIRE-TANF program so that the individual may identify the services that the individual considers
necessary to participate in the program. A written copy of each amendment to the family contract must be given to the participant,
together with a complete list of all support services and education, training and employment services available under the
program and notice of the participant's right to request a conciliation meeting and a fair hearing. A participant may request
an amendment to the participant's family contract at any time. If the participant's request is denied, the participant must
be notified in writing of the reason for the denial and must be given notice of right to a fair hearing.
[1997, c. 530, Pt. A, §26 (amd).]
3. Assessment. Each participant's case manager shall conduct an assessment to determine that individual's education, training and employment
needs based on available program resources, the participant's skills and aptitudes, the participant's need for supportive
services, local employment opportunities, the existence of any good cause circumstances under section 3785 and, to the maximum
extent possible, the preferences of the participant. The department shall document findings in the participant's case record
indicating any barriers to participation, including, but not limited to, any physical or mental health problems or other good
cause circumstances specified in section 3785.
[2001, c. 335, §2 (amd).]
4. Employability plan.
[1997, c. 530, Pt. A, §26 (rp).]
4-A. Family contract amendment. To the extent that sufficient funds, training sites and employment opportunities are reasonably available, the department
and a participant in the program shall enter into an amended family contract that must include both the department's and the
participant's activities and the support services necessary for the individual to participate in accordance with the assessment
and federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law 104-193, 110 Stat. 2105.
[1997, c. 530, Pt. A, §26 (amd).]
5. Provision of support services. Payment for support services must be furnished promptly in accordance with rules adopted by the department to, or on behalf
of, eligible individuals as agreed to in the family contract. The rules must provide for an expedited procedure for payment
for support services when those services are immediately necessary to enable the participant to participate in an approved
education, training or employment plan.
The support services required to participate in ASPIRE-TANF must be specified in the family contract and each participant
must receive the support services prescribed in that contract, which may include respite care.
[1997, c. 530, Pt. A, §26 (amd).]
6. Education, training and employment services. The ASPIRE-TANF program must make available a broad range of education, training and employment services in accordance with
section 3781-A, subsection 3 and the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public
Law, 104-193, 110 Stat. 2105. These services and activities must include all of those services and activities offered by
the Additional Support for People in Retraining and Employment Program on October 1, 1989, except in 2-year and 4-year postsecondary
education and except as provided in chapter 1054-B. This section does not prohibit the department from purchasing equivalent
services from providers other than those from whom those services were purchased on October 1, 1989. When a particular approved
education or training service is available at comparable quality and cost, including the cost of support services, and the
implementation of the family contract would not be unreasonably delayed, the program participant may choose to enroll for
that service with the provider of that person's preference. If this decision is not mutually agreed to by the participant
and the case manager, the decision must be reviewed by the case manager's supervisor. These services do not include reimbursement
for the cost of tuition or mandatory fees for postsecondary education unless:
A. The participant is unable to secure other educational funding needed to complete the participant's family contract due to:
(1) Poor credit as determined by the educational funding source; or
(2) The consideration by the educational funding source of resources from past years that are not actually available to the
participant;
[1997, c. 530, Pt. A, §26 (amd).]
B. In the determination of the department, failure to pay the tuition or fee would result in higher ASPIRE-TANF program costs
to achieve the participant's approved goal; or
[1997, c. 530, Pt. A, §26 (amd).]
C. The participant meets an exception specified in rules adopted by the department.
[1993, c. 385, §21 (new).]
When a substantially similar postsecondary education or training program of comparable quality is available at both a public
and private institution, within a reasonable commuting distance for the participant, the department may choose to approve
the program offered at the public institution if the participant's program can be completed at less cost at the institution.
[1997, c. 530, Pt. A, §26 (amd).]
7. Readability.
[1995, c. 418, Pt. A, §32 (rp).]
8. Annual report.
[1995, c. 418, Pt. A, §32 (rp).]
9. Rules. The department shall adopt rules in accordance with the Maine Administrative Procedure Act to implement this section.
[1997, c. 530, Pt. A, §26 (amd).]
10. Program design. The department shall operate the ASPIRE-TANF program under which individual participation is required for a minimum of 20
hours per week in time-limited components that include job search, work evaluation, education, training and treatment and
workforce-MaineServe.
A. Individuals who are ready for jobs may participate in job search at any time. Up-front job search must focus on new recipients
who are ready for jobs who are eligible for TANF based on underemployment of the primary wage earner and new single-parent
recipients who are ready for jobs and whose children are 5 years of age or older.
[1997, c. 530, Pt. A, §26 (amd).]
B. Work evaluation consists of all activities related to orientation, assessment and initial family contract formulation. Work
evaluation is limited to a maximum of 90 days, unless extended by the commissioner or the designee of the commissioner. If
an ASPIRE-TANF participant is determined by the department to be job ready, the participant may access the workforce-MaineServe
component directly from work evaluation.
[1997, c. 530, Pt. A, §26 (amd).]
C. Education, training and treatment is limited to a maximum of 24 months, starting with the first day of participation in
any allowable and approved job skills or occupational skills training activity. The 24-month period may be extended by the
commissioner or the designee of the commissioner for good cause shown.
The department may approve a job skills or occupational training activity longer than 24 months provided the participant agrees
to perform a minimum of 20 hours a week of work site experience by no later than the end of the 24-month period. Qualifying
work site experience may include, but is not limited to, paid employment, workforce-MaineServe, ASPIRE-Plus, work study, training-related
practicums or any other such work site approved by the department. The 24-month period does not include periods of nonactivity
in which good cause has been determined.
For individuals who are satisfactorily participating in an education or training program prior to the work evaluation, the
department must determine the acceptability of the activity for purposes of meeting the participation requirements of this
chapter using the same criteria as is used for any individual in the ASPIRE-TANF program.
[1997, c. 530, Pt. A, §26 (amd).]
D. Workforce-MaineServe consists of paid employment, subsidized employment, apprenticeships or other mandatory work activities,
which may continue until the participant is ineligible for TANF benefits.
[1997, c. 530, Pt. A, §26 (amd).]
[1997, c. 530, Pt. A, §26 (amd).]
11. Individual participation requirements. Participation in the program components is governed by subsection 10 and this subsection.
A. For recipients whose eligibility for TANF is based on unemployment or underemployment of the primary wage earner, participation
in the workforce-MaineServe component is required and any participation in the education, training and treatment component
is contingent on satisfactory participation in workforce-MaineServe.
[1997, c. 530, Pt. A, §26 (amd).]
B. ASPIRE-TANF participants who are attending school or are involved in an equivalent educational program recognized by the
Department of Education or a local school board are considered to be in the education, training or treatment component and
their participation is not limited to 24 months. The department shall encourage recipients younger than 20 years of age who
have not completed high school to attend traditional high school.
[1997, c. 530, Pt. A, §26 (amd).]
C. Subject to the requirements of the Americans with Disabilities Act, if a recipient of TANF is hindered from obtaining employment
or successfully completing any portion of the ASPIRE-TANF program by reason of drug or alcohol abuse, the recipient must enter
into a drug or alcohol abuse treatment program. This treatment activity may occur at any time during the ASPIRE-TANF program.
[1997, c. 530, Pt. A, §26 (amd).]
D. If a claim of disability or other good cause is made by a participant, the department shall assess the circumstances of
the claim. If good cause is found to exist, the department shall offer reasonable alternative participation requirements
and document them in the participant's family contract and case record.
[2001, c. 335, §3 (new).]
[2001, c. 335, §3 (amd).]
12. Developing resources. To assist the department in its efforts to encourage job placement opportunities and provide the services necessary to ensure
self-support to recipients of TANF assistance, the department may contract with public and private agencies to establish job
placement opportunities.
In order to assist in the development of job placement opportunities, the department in cooperation with the Department of
Labor and other state agencies shall explore the feasibility of developing a shared approach to technology to support access
to information talent banks, national job banks, Maine's job listings and any other job opportunity listings, to facilitate
linking program resources listings and to coordinate case service providers.
In addition, all public and private agencies are subject to the following requirements.
A. All agencies that receive funds from any state department or division must provide at least one workforce-MaineServe opportunity
for an ASPIRE-TANF participant.
[1997, c. 530, Pt. A, §26 (amd).]
B. All state agencies that provide funding for child care or transportation services must require that recipients of TANF
be given priority for those services.
[1997, c. 530, Pt. A, §26 (amd).]
C. All agencies that receive funds from any state agency for the treatment of drug or alcohol abuse must require that recipients
of TANF be given priority for those services.
[1997, c. 530, Pt. A, §26 (amd).]
The department shall work with and shall contract with agencies to work with families in which there are multiple barriers
to achieving employment and shall provide those agencies incentives for working with the families to achieve employment.
For each family placed with an agency, the department shall pay a fee. For each family member placed in full-time employment,
the department shall pay a premium. For each family member placed in full-time employment in a job that provides health care
benefits, the department shall pay an additional bonus payment. The commissioner shall adopt rules as necessary to implement
this subsection.
[1997, c. 530, Pt. A, §26 (amd).]
13. Determination of types of opportunities.
[1997, c. 530, Pt. A, §26 (rp).]
14. Family planning services. To the extent that funds permit, the department, in cooperation with the grant manager of the State's family planning system,
shall develop and the grant manager of the statewide association of family planning services providers shall implement an
intensive peer education project to increase the use of family planning services to TANF recipients. The target population
must include, but is not limited to, recipients at risk of repeat pregnancy, recipients who are minors and individuals at
risk of becoming TANF recipients.
The peer education project shall provide direct, in-person family planning information, education and counseling to members
of the target populations. To the extent that funding is available, the project shall recruit, train and provide permanent
employment for TANF recipients as peer education workers.
[1997, c. 530, Pt. A, §26 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §3789-A. Decision-making authority reserved to department
Title 22: HEALTH AND WELFARE
Subtitle 3: INCOME SUPPLEMENTATION (HEADING: PL 1973, c. 790, @1 (amd))
Part 3: Children
Chapter 1054-A: ADDITIONAL SUPPORT FOR PEOPLE IN RETRAINING AND EDUCATION PROGRAM (HEADING: PL 1987, c. 856, @7 (new))
§3789-A. Decision-making authority reserved to department
If federal law requires the Department of Health and Human Services to make a case decision, the authority to make that final
decision is reserved to the department.
[1989, c. 839, §13 (new); 2003, c. 689, Pt. B, §6 (rev).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §3789-B. Interdepartmental Welfare Reform Committee
Title 22: HEALTH AND WELFARE
Subtitle 3: INCOME SUPPLEMENTATION (HEADING: PL 1973, c. 790, @1 (amd))
Part 3: Children
Chapter 1054-A: ADDITIONAL SUPPORT FOR PEOPLE IN RETRAINING AND EDUCATION PROGRAM (HEADING: PL 1987, c. 856, @7 (new))
§3789-B. Interdepartmental Welfare Reform Committee
The Interdepartmental Welfare Reform Committee, referred to in this section as the "committee," is established. The committee
consists of the Commissioner of Education, the Commissioner of Labor, the President of the Maine Community College System,
the Director of the Office of Substance Abuse, the Commissioner of Corrections or a designee from the Long Creek Youth Development
Center and the Commissioner of Health and Human Services, who serves as chair. The committee shall monitor the efforts of
the state departments involved in welfare reform and ensure cooperation among those departments.
[RR 2003, c. 2, §75 (cor).]
div>
The committee shall explore the following:
[1997, c. 530, Pt. A, §29 (new).]
1. Clearinghouse model. The development of a clearinghouse model for working with businesses to place and retain mutual clients;
[1997, c. 530, Pt. A, §29 (new).]
2. Education. Education for businesses on the Work Opportunity Tax Credit, established in the federal Small Business Job Protection Act
of 1996, Public Law 104-1881, Section 1201 and other resources available to businesses that hire mutual clients; and
[1997, c. 530, Pt. A, §29 (new).]
3. Shared orientation and training. Establishment of a mechanism for the Commissioner of Labor or the commissioner's designee to participate in the Bureau of
Family Independence group orientations and training for local departmental staff.
[1997, c. 530, Pt. A, §29 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §3789-C. Committee of staff and recipients
Title 22: HEALTH AND WELFARE
Subtitle 3: INCOME SUPPLEMENTATION (HEADING: PL 1973, c. 790, @1 (amd))
Part 3: Children
Chapter 1054-A: ADDITIONAL SUPPORT FOR PEOPLE IN RETRAINING AND EDUCATION PROGRAM (HEADING: PL 1987, c. 856, @7 (new))
§3789-C. Committee of staff and recipients
The department shall establish a committee composed of program staff, program managers and recipients of AFDC to streamline
application and case maintenance functions, develop a universal application and review other forms to be used for all programs
and bring as much uniformity as possible to the programs administered by the Bureau of Family Independence. The committee
shall advise the commissioner of any changes in policies that require federal waivers, legislation or congressional action.
[1995, c. 418, Pt. A, §36 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §3789-D. Maine Temporary Assistance for Needy Families Advisory Council
Title 22: HEALTH AND WELFARE
Subtitle 3: INCOME SUPPLEMENTATION (HEADING: PL 1973, c. 790, @1 (amd))
Part 3: Children
Chapter 1054-A: ADDITIONAL SUPPORT FOR PEOPLE IN RETRAINING AND EDUCATION PROGRAM (HEADING: PL 1987, c. 856, @7 (new))
§3789-D. Maine Temporary Assistance for Needy Families Advisory Council
1. Duties. The Maine Temporary Assistance for Needy Families Advisory Council, as established by Title 5, section 12004-I, subsection
36-C, shall advise the commissioner or the commissioner's designee regarding education, training, job opportunities, quality
employment and business ownership opportunities, the operation of any postsecondary education programs administered by the
department and other matters affecting TANF recipients.
[1997, c. 530, Pt. A, §30 (new).]
2. Members. The commissioner shall appoint the members of the council. Members must include at least the following:
A. Two recipients of benefits under the TANF program;
[1997, c. 530, Pt. A, §30 (new).]
B. One representative of employers within the State;
[1997, c. 530, Pt. A, §30 (new).]
C. One representative of organized labor;
[1997, c. 530, Pt. A, §30 (new).]
D. One representative of women's interests;
[1997, c. 530, Pt. A, §30 (new).]
E. One or more representatives of organizations or agencies that have experience in addressing the training, education and
job needs of low-income women;
[1997, c. 530, Pt. A, §30 (new).]
F. One representative of the one-stop delivery system established under the federal Workforce Investment Act of 1998, 29 United
States Code, Section 2841; and
[2001, c. 667, Pt. C, §13 (amd).]
G. Two representatives of postsecondary education, one representing private institutions and one representing public institutions.
[1997, c. 530, Pt. A, §30 (new).]
[2001, c. 667, Pt. C, §13 (amd).]
3. Advice regarding postsecondary education programs. The council shall establish a postsecondary education subcommittee, consisting of up to 15 members and nonmembers of the
council. The subcommittee must include but is not limited to the following representatives:
A. A representative of the department, appointed by the commissioner;
[1997, c. 530, Pt. A, §30 (new).]
B. A representative of the University of Maine System who represents the interests of women or nontraditional students at one
of the campuses, appointed by the chancellor;
[1997, c. 530, Pt. A, §30 (new).]
C. A representative of the Finance Authority of Maine appointed by the chief executive officer;
[1997, c. 530, Pt. A, §30 (new).]
D. Representatives of the Maine Community College System, including a gender coordinator at one of the campuses, appointed
by the president; and
[1997, c. 530, Pt. A, §30 (new); 2003, c. 20, Pt. OO, §2 (amd); §4 (aff).]
E. Representatives of the following groups, appointed by the council:
(1) Nonprofit service organizations that assist parents who are nontraditional students;
(2) TANF participants or participants of the Parents as Scholars Program established in chapter 1054-B who are enrolled
in postsecondary education programs;
(3) Nonprofit organizations that prepare parents to be nontraditional postsecondary education students;
(4) Organizations that represent low-income parents and that have significant knowledge of public assistance programs;
(5) Organizations that advocate for the interests of women;
(6) The business community; and
(7) Private postsecondary educational institutions.
[1997, c. 530, Pt. A, §30 (new).]
By March 1, 1998, the subcommittee shall make recommendations to the council for improving the administration of the Parents
as Scholars Program under section 3790, improving the program to make it more successful for participants and maximizing resources
to meet the goals of the program. The council shall approve, disapprove or modify the recommendations of the subcommittee
and report their recommendation to the commissioner.
[1997, c. 530, Pt. A, §30 (new); 2003, c. 20, Pt. OO, §2 (amd); §4 (aff).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §3789-E. Peer support and advocacy demonstration project (REPEALED)
Title 22: HEALTH AND WELFARE
Subtitle 3: INCOME SUPPLEMENTATION (HEADING: PL 1973, c. 790, @1 (amd))
Part 3: Children
Chapter 1054-A: ADDITIONAL SUPPORT FOR PEOPLE IN RETRAINING AND EDUCATION PROGRAM (HEADING: PL 1987, c. 856, @7 (new))
§3789-E. Peer support and advocacy demonstration project (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §3789. Self-initiated training (REPEALED)
Title 22: HEALTH AND WELFARE
Subtitle 3: INCOME SUPPLEMENTATION (HEADING: PL 1973, c. 790, @1 (amd))
Part 3: Children
Chapter 1054-A: ADDITIONAL SUPPORT FOR PEOPLE IN RETRAINING AND EDUCATION PROGRAM (HEADING: PL 1987, c. 856, @7 (new))
§3789. Self-initiated training (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
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