SPONSOR: |
Rep. Bentz & Sen. Hall-Long |
|
Reps.
Baumbach, Bolden, Heffernan, J. Johnson, Kowalko, Longhurst, Lynn; Sens.
Blevins, Peterson, Townsend |
HOUSE OF REPRESENTATIVES 148th GENERAL ASSEMBLY |
HOUSE BILL NO. 365 |
AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO ELIGIBILITY FOR PUBLIC ASSISTANCE. |
Section 1. Amend Chapter 5, Title 31 of the Delaware
Code by making deletions as shown by strike through and insertions as shown by
underline as follows:
§ 524. Eligibility for Aid to Families with Dependent
Children.
Pursuant to the option granted the State by 21 U.S.C. § 862a(d)(1), an individual convicted under federal or state law of any offense which is classified as a felony by the law of the jurisdiction involved and which has as an element the possession, use, or distribution of a controlled substance shall be exempt from the prohibition contained in 21 U.S.C. § 862a(a) against eligibility for assistance under 42 U.S.C. 601 et seq.
SYNOPSIS
This Act
removes the prohibition against receipt of Temporary Assistance for Needy
Families (“TANF” also referred to by the name Aid for Families with Dependent
Children or “AFDC”) funds by persons convicted of a drug felony. Even though
federal laws such as PRWORA passed during the War on Drugs frequently
prohibited access to public assistance for persons with drug felonies, these
laws also gave states flexibility in determining eligibility for food aid and
cash assistance for families with children when applicants had a criminal
conviction. The majority of states have limited the federal bans in whole or
in part. In 2011, Delaware opted out of restrictions on food aid, but it has
not opted out of or limited federal restrictions on TANF—the cash assistance
program that is the principal form of assistance available to most families
in poverty to pay for things like electricity bills or school supplies. Under existing law, individuals convicted of any state or federal drug felony, including possession of marijuana (which can be a felony under federal law), are ineligible for TANF for life. Although the children of a mother convicted of a drug crime can still receive assistance, the family’s overall award is significantly reduced, and in practice this affects the well-being of families and children. |