TANF benefits; remove certain restrictions and penalties for applicants and recipients.

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To: Public Health and Human
Services
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Johnson

HOUSE BILL NO. 129

AN ACT TO AMEND SECTION 43-17-5, MISSISSIPPI CODE OF 1972, TO 1
INCREASE THE MAXIMUM INCOME AND RESOURCES LIMITS FOR ELIGIBILITY 2
FOR TANF BENEFITS; TO DELETE THE FAMILY CAP ON THE RECEIPT OF TANF 3
BENEFITS; TO DELETE THE MANDATORY UP-FRONT JOB SEARCH FOR TANF 4
APPLICANTS; TO DELETE THE REQUIREMENT TO BE IN COMPLIANCE WITH THE 5
DRUG TESTING AND SUBSTANCE USE DISORDER TREATMENT REQUIREMENTS IN 6
ORDER TO RECEIVE TANF BENEFITS; TO REMOVE THE FULL FAMILY SANCTION 7
FOR REFUSAL OF AN ADULT OR CARETAKER RELATIVE TO PARTICIPATE IN 8
ALLOWABLE WORK ACTIVITY AND HAVE THE SANCTION APPLY ONLY TO THAT 9
PERSON; TO DELETE THE SANCTION FOR PERMANENT DISQUALIFICATION FOR 10
TANF BENEFITS; TO PROVIDE THAT THE WORK REQUIREMENTS FOR TANF 11
RECIPIENTS SHALL NOT APPLY TO THOSE RECIPIENTS WHO RESIDE IN AREAS 12
THAT HAVE A HIGH UNEMPLOYMENT RATE OR DO NOT HAVE A SUFFICIENT 13
NUMBER OF JOBS TO PROVIDE EMPLOYMENT, AND SHALL NOT APPLY TO ANY 14
TANF RECIPIENTS DURING A FORMAL STATE OR FEDERAL DECLARATION OF A 15
NATURAL DISASTER OR STATE OF EMERGENCY; TO AMEND SECTION 43-12-35, 16
MISSISSIPPI CODE OF 1972, TO CONFORM THE SANCTION PROVISIONS TO 17
THOSE IN THE PRECEDING SECTION; TO REPEAL SECTION 43-12-27, 18
MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR A FAMILY CAP ON THE 19
RECEIPT OF TANF BENEFITS; TO REPEAL SECTION 43-17-6, MISSISSIPPI 20
CODE OF 1972, WHICH REQUIRES APPLICANTS FOR AND RECIPIENTS OF TANF 21
BENEFITS TO BE SCREENED AND TESTED FOR CERTAIN DRUGS AND RECEIVE 22
TREATMENT FOR SUBSTANCE USE DISORDERS; AND FOR RELATED PURPOSES. 23
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 24
SECTION 1. Section 43-17-5, Mississippi Code of 1972, is 25
amended as follows: 26
43-17-5. (1) (a) The amount of Temporary Assistance for 27
Needy Families (TANF) benefits which may be granted for any 28
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dependent child and a needy caretaker relative shall be determined 29
by the county department with due regard to the resources and 30
necessary expenditures of the family and the conditions existing 31
in each case, and in accordance with the rules and regulations 32
made by the Department of Human Services which shall not be less 33
than the Standard of Need in effect for 1988, and shall be 34
sufficient when added to all other income (except that any income 35
specified in the federal Social Security Act, as amended, may be 36
disregarded) and support available to the child to provide such 37
child with a reasonable subsistence compatible with decency and 38
health. In order to be eligible for TANF benefits, the income of 39
the persons in the assistance unit shall not be more than two 40
hundred percent (200%) of the federal poverty level, and the 41
resources of the persons in the assistance unit shall not be more 42
than Four Thousand Dollars ($4,000.00). 43
(b) The first family member in the dependent child's 44
budget may receive an amount not to exceed Two Hundred Dollars 45
($200.00) per month; the second family member in the dependent 46
child's budget may receive an amount not to exceed Thirty-six 47
Dollars ($36.00) per month; and each additional family member in 48
the dependent child's budget an amount not to exceed Twenty-four 49
Dollars ($24.00) per month. The maximum for any individual family 50
member in the dependent child's budget may be exceeded for foster 51
or medical care or in cases of children with an intellectual 52
disability or a physical disability. * * * 53
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(2) TANF benefits in Mississippi shall be provided to the 54
recipient family by an online electronic benefits transfer system. 55
(3) The Department of Human Services shall deny TANF 56
benefits to the following categories of individuals, except for 57
individuals and families specifically exempt or excluded for good 58
cause as allowed by federal statute or regulation: 59
(a) Families without a minor child residing with the 60
custodial parent or other adult caretaker relative of the child; 61
(b) Families which include an adult who has received 62
TANF assistance for sixty (60) months after the commencement of 63
the Mississippi TANF program, whether or not such period of time 64
is consecutive; 65
(c) Families not assigning to the state any rights a 66
family member may have, on behalf of the family member or of any 67
other person for whom the family member has applied for or is 68
receiving such assistance, to support from any other person, as 69
required by law; 70
(d) Families who fail to cooperate in establishing 71
paternity or obtaining child support, as required by law; 72
(e) Any individual who has not attained eighteen (18) 73
years of age, is not married to the head of household, has a minor 74
child at least twelve (12) weeks of age in his or her care, and 75
has not successfully completed a high school education or its 76
equivalent, if such individual does not participate in educational 77
activities directed toward the attainment of a high school diploma 78
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or its equivalent, or an alternative educational or training 79
program approved by the department; 80
(f) Any individual who has not attained eighteen (18) 81
years of age, is not married, has a minor child in his or her 82
care, and does not reside in a place or residence maintained by a 83
parent, legal guardian or other adult relative or the individual 84
as such parent's, guardian's or adult relative's own home; 85
(g) Any minor child who has been, or is expected by a 86
parent or other caretaker relative of the child to be, absent from 87
the home for a period of more than thirty (30) days; 88
(h) Any individual who is a parent or other caretaker 89
relative of a minor child who fails to notify the department of 90
the absence of the minor child from the home for the thirty-day 91
period specified in paragraph (g), by the end of the five-day 92
period that begins with the date that it becomes clear to the 93
individual that the minor child will be absent for the thirty-day 94
period; 95
(i) Any individual who fails to comply with the 96
provisions of the Employability Development Plan signed by the 97
individual which prescribe those activities designed to help the 98
individual become and remain employed, or to participate 99
satisfactorily in the assigned work activity, as authorized under 100
subsection (6)(c) and (d) * * *; 101
(j) A parent or caretaker relative who has not engaged 102
in an allowable work activity once the department determines the 103
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parent or caretaker relative is ready to engage in work, or once 104
the parent or caretaker relative has received TANF assistance 105
under the program for twenty-four (24) months, whether or not 106
consecutive, whichever is earlier; 107
(k) Any individual who is fleeing to avoid prosecution, 108
or custody or confinement after conviction, under the laws of the 109
jurisdiction from which the individual flees, for a crime, or an 110
attempt to commit a crime, which is a felony under the laws of the 111
place from which the individual flees, or who is violating a 112
condition of probation or parole imposed under federal or state 113
law; 114
(l) Aliens who are not qualified under federal law; 115
(m) For a period of ten (10) years following 116
conviction, individuals convicted in federal or state court of 117
having made a fraudulent statement or representation with respect 118
to the individual's place of residence in order to receive TANF, 119
food stamps or Supplemental Security Income (SSI) assistance under 120
Title XVI or Title XIX simultaneously from two (2) or more states; 121
and 122
(n) Individuals who are recipients of federal 123
Supplemental Security Income (SSI) assistance * * *. 124
* * * 125
(4) (a) Any person who is otherwise eligible for TANF 126
benefits, including custodial and noncustodial parents, shall be 127
required to attend school and meet the monthly attendance 128
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requirement as provided in this subsection if all of the following 129
apply: 130
(i) The person is under age twenty (20); 131
(ii) The person has not graduated from a public or 132
private high school or obtained a High School Equivalency Diploma 133
equivalent; 134
(iii) The person is physically able to attend 135
school and is not excused from attending school; and 136
(iv) If the person is a parent or caretaker 137
relative with whom a dependent child is living, child care is 138
available for the child. 139
The monthly attendance requirement under this subsection 140
shall be attendance at the school in which the person is enrolled 141
for each day during a month that the school conducts classes in 142
which the person is enrolled, with not more than two (2) absences 143
during the month for reasons other than the reasons listed in 144
paragraph (e)(iv) of this subsection. Persons who fail to meet 145
participation requirements in this subsection shall be subject to 146
sanctions as provided in paragraph (f) of this subsection. 147
(b) As used in this subsection, "school" means any one 148
(1) of the following: 149
(i) A school as defined in Section 37-13-91(2); 150
(ii) A vocational, technical and adult education 151
program; or 152
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(iii) A course of study meeting the standards 153
established by the State Department of Education for the granting 154
of a declaration of equivalency of high school graduation. 155
(c) If any compulsory-school-age child, as defined in 156
Section 37-13-91(2), to which TANF eligibility requirements apply 157
is not in compliance with the compulsory school attendance 158
requirements of Section 37-13-91(6), the superintendent of schools 159
of the school district in which the child is enrolled or eligible 160
to attend shall notify the county department of human services of 161
the child's noncompliance. The Department of Human Services shall 162
review school attendance information as provided under this 163
paragraph at all initial eligibility determinations and upon 164
subsequent report of unsatisfactory attendance. 165
(d) The signature of a person on an application for 166
TANF benefits constitutes permission for the release of school 167
attendance records for that person or for any child residing with 168
that person. The department shall request information from the 169
child's school district about the child's attendance in the school 170
district's most recently completed semester of attendance. If 171
information about the child's previous school attendance is not 172
available or cannot be verified, the department shall require the 173
child to meet the monthly attendance requirement for one (1) 174
semester or until the information is obtained. The department 175
shall use the attendance information provided by a school district 176
to verify attendance for a child. The department shall review 177
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with the parent or caretaker relative a child's claim that he or 178
she has a good cause for not attending school. 179
A school district shall provide information to the department 180
about the attendance of a child who is enrolled in a public school 181
in the district within five (5) working days of the receipt of a 182
written request for that information from the department. The 183
school district shall define how many hours of attendance count as 184
a full day and shall provide that information, upon request, to 185
the department. In reporting attendance, the school district may 186
add partial days' absence together to constitute a full day's 187
absence. 188
If a school district fails to provide to the department the 189
information about the school attendance of any child within 190
fifteen (15) working days after a written request, the department 191
shall notify the Department of Audit within three (3) working days 192
of the school district's failure to comply with that requirement. 193
The Department of Audit shall begin audit proceedings within five 194
(5) working days of notification by the Department of Human 195
Services to determine the school district's compliance with the 196
requirements of this subsection (4). If the Department of Audit 197
finds that the school district is not in compliance with the 198
requirements of this subsection, the school district shall be 199
penalized as follows: The Department of Audit shall notify the 200
State Department of Education of the school district's 201
noncompliance, and the Department of Education shall reduce the 202
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calculation of the school district's net enrollment that is used 203
to determine the allocation of total funding formula funds by the 204
number of children for which the district has failed to provide to 205
the Department of Human Services the required information about 206
the school attendance of those children. The reduction in the 207
calculation of the school district's net enrollment under this 208
paragraph shall be effective for a period of one (1) year. 209
(e) A child who is required to attend school to meet 210
the requirements under this subsection shall comply except when 211
there is good cause, which shall be demonstrated by any of the 212
following circumstances: 213
(i) The minor parent is the caretaker of a child 214
less than twelve (12) weeks old; or 215
(ii) The department determines that child care 216
services are necessary for the minor parent to attend school and 217
there is no child care available; or 218
(iii) The child is prohibited by the school 219
district from attending school and an expulsion is pending. This 220
exemption no longer applies once the teenager has been expelled; 221
however, a teenager who has been expelled and is making 222
satisfactory progress towards obtaining a High School Equivalency 223
Diploma equivalent shall be eligible for TANF benefits; or 224
(iv) The child failed to attend school for one or 225
more of the following reasons: 226
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1. Illness, injury or incapacity of the child 227
or the minor parent's child; 228
2. Court-required appearances or temporary 229
incarceration; 230
3. Medical or dental appointments for the 231
child or minor parent's child; 232
4. Death of a close relative; 233
5. Observance of a religious holiday; 234
6. Family emergency; 235
7. Breakdown in transportation; 236
8. Suspension; or 237
9. Any other circumstance beyond the control 238
of the child, as defined in regulations of the department. 239
(f) Upon determination that a child has failed without 240
good cause to attend school as required, the department shall 241
provide written notice to the parent or caretaker relative 242
(whoever is the primary recipient of the TANF benefits) that 243
specifies: 244
(i) That the * * * child will be sanctioned in 245
the next possible payment month because the child who is required 246
to attend school has failed to meet the attendance requirement of 247
this subsection; 248
(ii) The beginning date of the sanction, and the 249
child to whom the sanction applies; 250
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(iii) The right of the child's parents or 251
caretaker relative (whoever is the primary recipient of the TANF 252
benefits) to request a fair hearing under this subsection. 253
The child's parent or caretaker relative (whoever is the 254
primary recipient of the TANF benefits) may request a fair hearing 255
on the department's determination that the child has not been 256
attending school. If the child's parents or caretaker relative 257
does not request a fair hearing under this subsection, or if, 258
after a fair hearing has been held, the hearing officer finds that 259
the child without good cause has failed to meet the monthly 260
attendance requirement, the department shall discontinue or deny 261
TANF benefits to the child thirteen (13) years old, or older, in 262
the next possible payment month. * * * A sanction applied under 263
this subsection shall be effective for one (1) month for each 264
month that the child failed to meet the monthly attendance 265
requirement. In the case of a dropout, the sanction shall remain 266
in force until the parent or caretaker relative provides written 267
proof from the school district that the child has reenrolled and 268
met the monthly attendance requirement for one (1) calendar month. 269
Any month in which school is in session for at least ten (10) days 270
during the month may be used to meet the attendance requirement 271
under this subsection. This includes attendance at summer school. 272
The sanction shall be removed the next possible payment month. 273
(5) All parents or caretaker relatives shall have their 274
dependent children receive vaccinations and booster vaccinations 275
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against those diseases specified by the State Health Officer under 276
Section 41-23-37 in accordance with the vaccination and booster 277
vaccination schedule prescribed by the State Health Officer for 278
children of that age, in order for the parents or caretaker 279
relatives to be eligible or remain eligible to receive TANF 280
benefits. Proof of having received such vaccinations and booster 281
vaccinations shall be given by presenting the certificates of 282
vaccination issued by any health care provider licensed to 283
administer vaccinations, and submitted on forms specified by the 284
State Board of Health. If the parents without good cause do not 285
have their dependent children receive the vaccinations and booster 286
vaccinations as required by this subsection and they fail to 287
comply after thirty (30) days' notice, the department shall 288
sanction the family's TANF benefits by twenty-five percent (25%) 289
for the next payment month and each subsequent payment month until 290
the requirements of this subsection are met. 291
(6) (a) Except as otherwise provided in paragraph (h) of 292
this subsection (6), if the parent or caretaker relative applying 293
for TANF assistance is work eligible, as determined by the 294
Department of Human Services, the person shall be required to 295
engage in an allowable work activity once the department 296
determines the parent or caretaker relative is determined work 297
eligible, or once the parent or caretaker relative has received 298
TANF assistance under the program for twenty-four (24) months, 299
whether or not consecutive, whichever is earlier. No TANF 300
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benefits shall be given to any person to whom this section applies 301
who fails without good cause to comply with the Employability 302
Development Plan prepared by the department for the person, or who 303
has refused to accept a referral or offer of employment, training 304
or education in which he or she is able to engage, subject to the 305
penalties prescribed in paragraph (e) of this subsection. A 306
person shall be deemed to have refused to accept a referral or 307
offer of employment, training or education if he or she: 308
(i) Willfully fails to report for an interview 309
with respect to employment when requested to do so by the 310
department; or 311
(ii) Willfully fails to report to the department 312
the result of a referral to employment; or 313
(iii) Willfully fails to report for allowable work 314
activities as prescribed in paragraphs (c) and (d) of this 315
subsection. 316
(b) The Department of Human Services shall operate a 317
statewide work program for TANF recipients to provide work 318
activities and supportive services to enable families to become 319
self-sufficient and improve their competitive position in the 320
workforce in accordance with the requirements of the federal 321
Personal Responsibility and Work Opportunity Reconciliation Act of 322
1996 (Public Law 104-193), as amended, and the regulations 323
promulgated thereunder, and the Deficit Reduction Act of 2005 324
(Public Law 109-171), as amended. * * * All adults who are not 325
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specifically exempt shall be referred by the department for 326
allowable work activities. An adult may be exempt from the 327
mandatory work activity requirement for the following reasons: 328
(i) Incapacity; 329
(ii) Temporary illness or injury, verified by 330
physician's certificate; 331
(iii) Is in the third trimester of pregnancy, and 332
there are complications verified by the certificate of a 333
physician, nurse practitioner, physician assistant, or any other 334
licensed health care professional practicing under a protocol with 335
a licensed physician; 336
(iv) Caretaker of a child under twelve (12) 337
months, for not more than twelve (12) months of the sixty-month 338
maximum benefit period; 339
(v) Caretaker of an ill or incapacitated person, 340
as verified by physician's certificate; 341
(vi) Age, if over sixty (60) or under eighteen 342
(18) years of age; 343
(vii) Receiving treatment for substance abuse, if 344
the person is in compliance with the substance abuse treatment 345
plan; 346
(viii) In a two-parent family, the caretaker of a 347
severely disabled child, as verified by a physician's certificate; 348
or 349
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(ix) History of having been a victim of domestic 350
violence, which has been reported as required by state law and is 351
substantiated by police reports or court records, and being at 352
risk of further domestic violence, shall be exempt for a period as 353
deemed necessary by the department but not to exceed a total of 354
twelve (12) months, which need not be consecutive, in the 355
sixty-month maximum benefit period. For the purposes of this 356
subparagraph (ix), "domestic violence" means that an individual 357
has been subjected to: 358
1. Physical acts that resulted in, or 359
threatened to result in, physical injury to the individual; 360
2. Sexual abuse; 361
3. Sexual activity involving a dependent 362
child; 363
4. Being forced as the caretaker relative of 364
a dependent child to engage in nonconsensual sexual acts or 365
activities; 366
5. Threats of, or attempts at, physical or 367
sexual abuse; 368
6. Mental abuse; or 369
7. Neglect or deprivation of medical care. 370
(c) For all families, all adults who are not 371
specifically exempt shall be required to participate in work 372
activities for at least the minimum average number of hours per 373
week specified by federal law or regulation, not fewer than twenty 374
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(20) hours per week (thirty-five (35) hours per week for 375
two-parent families) of which are attributable to the following 376
allowable work activities: 377
(i) Unsubsidized employment; 378
(ii) Subsidized private employment; 379
(iii) Subsidized public employment; 380
(iv) Work experience (including work associated 381
with the refurbishing of publicly assisted housing), if sufficient 382
private employment is not available; 383
(v) On-the-job training; 384
(vi) Job search and job readiness assistance 385
consistent with federal TANF regulations; 386
(vii) Community service programs; 387
(viii) Vocational educational training (not to 388
exceed twelve (12) months with respect to any individual); 389
(ix) The provision of child care services to an 390
individual who is participating in a community service program; 391
(x) Satisfactory attendance at high school or in a 392
course of study leading to a high school equivalency certificate, 393
for heads of household under age twenty (20) who have not 394
completed high school or received such certificate; 395
(xi) Education directly related to employment, for 396
heads of household under age twenty (20) who have not completed 397
high school or received such equivalency certificate. 398
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(d) The following are allowable work activities which 399
may be attributable to hours in excess of the minimum specified in 400
paragraph (c) of this subsection: 401
(i) Job skills training directly related to 402
employment; 403
(ii) Education directly related to employment for 404
individuals who have not completed high school or received a high 405
school equivalency certificate; 406
(iii) Satisfactory attendance at high school or in 407
a course of study leading to a high school equivalency, for 408
individuals who have not completed high school or received such 409
equivalency certificate; 410
(iv) Job search and job readiness assistance 411
consistent with federal TANF regulations. 412
(e) If any adult or caretaker relative refuses to 413
participate in allowable work activity as required under this 414
subsection (6), the following * * * TANF benefit penalty will 415
apply, subject to due process to include notification, 416
conciliation and a hearing if requested by the recipient: 417
(i) For the first violation, the department shall 418
terminate the TANF assistance otherwise payable to the * * * adult 419
or caretaker relative for a two-month period or until the person 420
has complied with the required work activity, whichever is longer; 421
(ii) For the second violation, the department 422
shall terminate the TANF assistance otherwise payable to the * * * 423
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adult or caretaker relative for a six-month period or until the 424
person has complied with the required work activity, whichever is 425
longer; 426
(iii) For the third and subsequent violations, the 427
department shall terminate the TANF assistance otherwise payable 428
to the * * * adult or caretaker relative for a twelve-month period 429
or until the person has complied with the required work activity, 430
whichever is longer * * *. 431
* * * 432
For a two-parent family, unless prohibited by state or 433
federal law, Medicaid assistance shall be terminated only for the 434
person whose failure to participate in allowable work activity 435
caused the * * * person's TANF assistance to be sanctioned under 436
this paragraph (e), unless an individual is pregnant, but shall 437
not be terminated for any other person in the family who is 438
meeting that person's applicable work requirement or who is not 439
required to work. Minor children shall continue to be eligible 440
for Medicaid benefits regardless of the disqualification of their 441
parent or caretaker relative for TANF assistance under this 442
subsection (6), unless prohibited by state or federal law. 443
(f) Any person enrolled in a two-year or four-year 444
college program who meets the eligibility requirements to receive 445
TANF benefits, and who is meeting the applicable work requirements 446
and all other applicable requirements of the TANF program, shall 447
continue to be eligible for TANF benefits while enrolled in the 448
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college program for as long as the person meets the requirements 449
of the TANF program, unless prohibited by federal law. 450
(g) No adult in a work activity required under this 451
subsection (6) shall be employed or assigned (i) when any other 452
individual is on layoff from the same or any substantially 453
equivalent job within six (6) months before the date of the TANF 454
recipient's employment or assignment; or (ii) if the employer has 455
terminated the employment of any regular employee or otherwise 456
caused an involuntary reduction of its workforce in order to fill 457
the vacancy so created with an adult receiving TANF assistance. 458
The Mississippi Department of Employment Security, established 459
under Section 71-5-101, shall appoint one or more impartial 460
hearing officers to hear and decide claims by employees of 461
violations of this paragraph (g). The hearing officer shall hear 462
all the evidence with respect to any claim made hereunder and such 463
additional evidence as he may require and shall make a 464
determination and the reason therefor. The claimant shall be 465
promptly notified of the decision of the hearing officer and the 466
reason therefor. Within ten (10) days after the decision of the 467
hearing officer has become final, any party aggrieved thereby may 468
secure judicial review thereof by commencing an action, in the 469
circuit court of the county in which the claimant resides, against 470
the department for the review of such decision, in which action 471
any other party to the proceeding before the hearing officer shall 472
be made a defendant. Any such appeal shall be on the record which 473
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shall be certified to the court by the department in the manner 474
provided in Section 71-5-531, and the jurisdiction of the court 475
shall be confined to questions of law which shall render its 476
decision as provided in that section. 477
(h) The work requirements of this subsection (6) shall 478
not apply to TANF recipients who reside in an area that has an 479
unemployment rate of more than ten percent (10%) or does not have 480
a sufficient number of jobs to provide employment for the 481
individuals, as determined by the department, and shall not apply 482
to any TANF recipients during a formal state or federal 483
declaration of a natural disaster or state of emergency. 484
(7) The Department of Human Services may provide child care 485
for eligible participants who require such care so that they may 486
accept employment or remain employed. The department may also 487
provide child care for those participating in the TANF program 488
when it is determined that they are satisfactorily involved in 489
education, training or other allowable work activities. The 490
department may contract with Head Start agencies to provide child 491
care services to TANF recipients. The department may also arrange 492
for child care by use of contract or vouchers, provide vouchers in 493
advance to a caretaker relative, reimburse a child care provider, 494
or use any other arrangement deemed appropriate by the department, 495
and may establish different reimbursement rates for child care 496
services depending on the category of the facility or home. Any 497
center-based or group home child care facility under this 498
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subsection shall be licensed by the State Department of Health 499
pursuant to law. When child care is being provided in the child's 500
own home, in the home of a relative of the child, or in any other 501
unlicensed setting, the provision of such child care may be 502
monitored on a random basis by the Department of Human Services or 503
the State Department of Health. Transitional child care 504
assistance may be continued if it is necessary for parents to 505
maintain employment once support has ended, unless prohibited 506
under state or federal law. Transitional child care assistance 507
may be provided for up to twenty-four (24) months after the last 508
month during which the family was eligible for TANF assistance, if 509
federal funds are available for such child care assistance. 510
(8) The Department of Human Services may provide 511
transportation or provide reasonable reimbursement for 512
transportation expenses that are necessary for individuals to be 513
able to participate in allowable work activity under the TANF 514
program. 515
(9) Medicaid assistance shall be provided to a family of 516
TANF program participants for up to twenty-four (24) consecutive 517
calendar months following the month in which the participating 518
family would be ineligible for TANF benefits because of increased 519
income, expiration of earned income disregards, or increased hours 520
of employment of the caretaker relative; however, Medicaid 521
assistance for more than twelve (12) months may be provided only 522
if a federal waiver is obtained to provide such assistance for 523
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more than twelve (12) months and federal and state funds are 524
available to provide such assistance. 525
(10) The department shall require applicants for and 526
recipients of public assistance from the department to sign a 527
personal responsibility contract that will require the applicant 528
or recipient to acknowledge his or her responsibilities to the 529
state. 530
(11) The department shall enter into an agreement with the 531
State Personnel Board and other state agencies that will allow 532
those TANF participants who qualify for vacant jobs within state 533
agencies to be placed in state jobs. State agencies participating 534
in the TANF work program shall receive any and all benefits 535
received by employers in the private sector for hiring TANF 536
recipients. This subsection (11) shall be effective only if the 537
state obtains any necessary federal waiver or approval and if 538
federal funds are available therefor. Not later than September 1, 539
2021, the department shall prepare a report, which shall be 540
provided to the Chairmen of the House and Senate Public Health 541
Committees and to any other member of the Legislature upon 542
request, on the history, status, outcomes and effectiveness of the 543
agreements required under this subsection. 544
(12) Any unspent TANF funds remaining from the prior fiscal 545
year may be expended for any TANF allowable activities. 546
(13) The Mississippi Department of Human Services shall 547
provide TANF applicants information and referral to programs that 548
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provide information about birth control, prenatal health care, 549
abstinence education, marriage education, family preservation and 550
fatherhood. Not later than September 1, 2021, the department 551
shall prepare a report, which shall be provided to the Chairmen of 552
the House and Senate Public Health Committees and to any other 553
member of the Legislature upon request, on the history, status, 554
outcomes and effectiveness of the information and referral 555
requirements under this subsection. 556
(14) No new TANF program requirement or restriction 557
affecting a person's eligibility for TANF assistance, or allowable 558
work activity, which is not mandated by federal law or regulation 559
may be implemented by the Department of Human Services after July 560
1, 2004, unless such is specifically authorized by an amendment to 561
this section by the Legislature. 562
SECTION 2. Section 43-12-35, Mississippi Code of 1972, is 563
amended as follows: 564
43-12-35. Noncompliance with Temporary Assistance for Needy 565
Families program rules. (1) The Department of Human Services 566
shall only grant benefits when an approved applicant has signed a 567
written agreement clearly enumerating continued eligibility 568
requirements, circumstances in which sanctions may be imposed, and 569
any potential penalties for noncompliance. 570
(2) The department shall require all enrollees to be 571
compliant with all program requirements, including work 572
requirements, before granting benefits. 573
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ST: TANF benefits; remove certain restrictions
and penalties for applicants and recipients.
(3) The department shall institute * * * sanctions on TANF 574
recipients for * * * noncompliance with any TANF requirement * * * 575
as provided in Section 43-17-5(6)(e). 576
* * * 577
( * * *4) An individual sanctioned under subsection (3) of 578
this section shall not have benefits reinstated without reviewing 579
the agreement required under subsection (1) of this section. 580
( * * *5) The department shall deny benefits to any adult 581
member of a household where another adult member of the household 582
has been found to have committed benefits fraud. 583
SECTION 3. Section 43-12-27, Mississippi Code of 1972, which 584
provides for a family cap on the receipt of TANF benefits, is 585
repealed. 586
SECTION 4. Section 43-17-6, Mississippi Code of 1972, which 587
requires applicants for and recipients of TANF benefits to be 588
screened and tested for certain drugs and receive treatment for 589
substance use disorders, is repealed. 590
SECTION 5. This act shall take effect and be in force from 591
and after July 1, 2026. 592