CPR

Center for Parental Responsibility

P.O. Box 130776           St. Paul, MN 55113       Telephone: 651/490-9277

Website: cpr-mn.org        Email: info@cpr-mn.org

           November 2003

Legislative Education Notice (5th in SERIES)

Dear ________________________________________                                                 RE: BILL # - HF 1031/SF 974

Nonpartisan Welfare Reform

Citizens Seek FAIR & SENSIBLE program cuts!

Clarifying eligibility standards for IV-D welfare will be the

least painful budget cutting decision you have ever made.

                                               

Responsible Citizens Agree with Legislators!

WE AGREE: “Scarce state and county resources should be focused on the neediest families, they [Rep. Fran Bradley and others] said.” State budget woes hit home, by Rachel E. Stassen-Berger, Pioneer Press, November 17, 2003.

 

WE AGREE: Both parents have an equal responsibility to support their children. Both parents have an equal right to participate in the upbringing of their children.

 

Inquiring Legislative Minds Want to Know:

Since IV-D is a cooperative federal/state welfare program, should state legislators use their authority to clarify eligibility standards?

 
To relinquish state responsibility and say “the feds make us do it” is misguided public policy. The federal government gives the state considerable latitude in the IV-D program. Upon conditions of federal funding and the acceptance of the federal/state cooperative agreement, federal law cannot permit or require the states to subsidize the self-sufficient and non-needy, at the taxpayer’s expense. Consider the following table of federal authorities:

 

1)      In 1974, the federal government provided direction to the state regarding eligibility for non-public assistance IV-D welfare services.  This U.S. Senate indicated “no income limits are specified in law or regulation and individuals can be considered potential recipients if the State finds them likely to be on welfare within the next five years.” This report states the new law “gives the States complete discretion in providing eligibility for services to nonwelfare recipients.” Eligibility limits were expected.

a.        Source: USCAN Senate Report 1356, December 1974, (p. 8141) establishing Public Law 93-647, when the Child Support Enforcement (CSE) program began.

 

2)      In 1976, the federal government provided direction to the state regarding eligibility for non-public assistance IV-D welfare services. “If a family ceases receiving assistance, the assignment of support rights terminates, except with respect to the amount of any paid child support obligation that has accrued under the assignment prior to or during the period when the family was receiving aid.”
a.        Source: US Office of Child Support Enforcement (OCSE), ACTION TRANSMITTAL OCSE-AT-76-5, March 11, 1976
 
3)      In 1981, the federal government provided direction to the state regarding eligibility for non-public assistance IV-D welfare services.  Congressional intent and purpose is clearly documented, “states have the sole responsibility for determining what services will be provided, who will be eligible for services, and how the funds will be distributed within the state.”
a.       Source: The Omnibus Budget Reconciliation Act of 1981, Public Law 97 35, amended Title XX of the Social Security Act to establish the Social Services Block Grant (SSBG) 
 
 
4)      In 1984, the federal government provided direction to the state regarding eligibility for non-public assistance IV-D welfare services. The amendments extended authority to the states and “this authority makes it possible for States to test innovative approaches to support enforcement so long as the modification does not disadvantage children in need … nor result in an increase in Federal TANF costs.” 
a.        Source: The Child Support Enforcement Amendments of 1984 (Public Law 98-378) for section 1115 of the SSA to the Child Support Enforcement Program.
 
5)      In 1996, the federal government provided direction to the state regarding eligibility for non-public assistance IV-D welfare services. For Services to Individuals Not Receiving AFDC or Title IV-E Foster Care Assistance. “A State is not required to take an assignment [of IV-D services] but has discretion [establish your own eligibility] to do so.”
a.        Source: Federal ACF/OCSE ACTION TRANSMITTAL, OCSE-AT-96-09, December 23, 1996. Final Rule - Revisions for the President's Reform Initiative, a government-wide Regulatory Reinvention Initiative to reduce or eliminate mandated burdens on States, Section 302.33.
 

6)      Federal law cannot require the states to use taxpayer money to fund non-needy citizens under a federal welfare program; The U.S. Constitution limits federal spending powers, preventing the federal government from dictating a compulsory welfare program to the states that would require the state to subsidize the wealthy, in violation of the Constitution.

a.        Source: Interpretation of Article 1 Section 8, Clause 1, United States Constitution

 

Prevailing Question:

Why does Minnesota toughen eligibility on some programs, but have

no eligibility standard at all for IV-D welfare services?

 

A policy that provides welfare service to anyone who applies regardless of financial need is fundamentally flawed. The States are responsible for defining exceptions. Every other federally funded government assistance program allows the state to establish eligibility, why should this IV-D welfare program be any different? A grass roots citizen group speaks out and requests Minnesota STOP DIVERTING FROM THE POOR TO GIVE TO THE RICH. Instead, clarify eligibility standards for IV-D welfare services, to either:

1) Save up to $130 million a year in taxes spent on unnecessary government services, or

2) Redistribute excess funding to other programs where people actually need government aid.

 

Citizens ask the Minnesota legislature to no longer turn a deaf ear and a blind eye, because our state must make sensible budget decisions. There is no compelling state interest for the Minnesota taxpayer to subsidize someone making $100,000 a year for welfare services when there is no financial need for government assistance.

 

 

Tough times don’t always require tough decisions – just think outside the box!

 

Responsible legislators have a duty to the citizens (their constituents) to recognize eligibility standards, and minimally, instruct the Minnesota DHS to compile income data on non-public assistance IV-D welfare applicants and report that information back to the Legislature. Fiscal responsibility calls for IV-D accountability.

 

Special thanks to legislators who have responded. We are interested in your position!

Please contact CPR to dialogue about any concerns or questions. Extensive research is available upon request.

 

Name:_________________________________(print) ____________________________________(signature)

 

Address:___________________________________   City: __________________  State: MN  Zip: ___________

 

Phone Number: ____________________________    Email: ____________________________

 

From A Constituent and/or Interested Citizen Involved in Community Solutions

 

 

 

 

 

 

 

Name: Molly K Olson, CPR, Volunteer Executive Director                 ______________________________(signature)