Amends TCA Title 71, Chapter 3, Part 1 and Title 71, Chapter 5, Part 3.

ELIGIBILITY FOR TEMPORARY ASSISTANCE Present law provides temporary assistance to eligible families. As a condition of eligibility, an applicant for or a recipient of temporary assistance must agree to a personal responsibility plan developed by the department of human services ("department") in direct consultation with the applicant or recipient. For all applicants or recipients who are not exempt from the work requirements established by the existing law, an individualized career plan must be developed establishing goal-oriented work activities designed to provide the applicant or recipient with an opportunity to move toward self-sufficiency. Supportive services determined essential to successful engagement in the work activities must be provided. At least once each 12 months throughout the period of continuous temporary assistance, the department must monitor and evaluate the personal responsibility plan to promote the recipient's success in gaining self-sufficiency. However, present law requires the work requirements to be excused for a parent or caretaker relative who proves to the satisfaction of the department the existence of the person's temporary incapacity or permanent disability. This bill deletes this provision. Present law prohibits the maximum payment standard for a family from being increased for a child who is born to a caretaker relative of a temporary assistance unit who, as determined by the statement of a physician, becomes pregnant while receiving temporary assistance, or as otherwise defined by regulation of the department. However, if the family loses eligibility for any reason other than a failure to cooperate with the department or a failure to comply with the personal responsibility plan and if the family subsequently becomes eligible again for temporary assistance, then the department must base the maximum payment standard on the actual size of the family unit including such child. This bill deletes these provisions. EXEMPT FROM PROHIBITION Present law requires an individual convicted on or before June 30, 2011, under federal or state law of a felony involving possession, use or distribution of a controlled substance to be exempt from the prohibition contained in federal law against eligibility for families first program benefits for such convictions, if such person, as determined by the department: (1) (i) Is currently participating in a substance abuse treatment program approved by the department of human services; (ii) is currently enrolled in a substance abuse treatment program approved by the department of human services, but is subject to a waiting list to receive available treatment, and the individual remains enrolled in the treatment program and enters the treatment program at the first available opportunity; (iii) has satisfactorily completed a substance abuse treatment program approved by the department of human services; or (iv) is determined by a treatment provider licensed by the department of mental health and substance abuse services not to need substance abuse treatment according to TennCare guidelines; and (2) Is complying with, or has already complied with, all obligations imposed by the criminal court. Present law requires eligibility based upon the factors in the above provisions to be based upon documentary or other evidence satisfactory to the department, and the applicant must meet all other factors of program eligibility, including, specifically, being accountable for the requirements of the personal responsibility plan. However, present law prohibits a person convicted of a Class A felony for violating the law regarding drug offenses against public health, safety, and welfare from being eligible for the exemptions provided in the present law. This bill adds to the present law by also prohibiting a person convicted of an offense in another jurisdiction that would be classified as a Class A felony under the law regarding drug offenses against public health, safety, and welfare, if committed in this state, from being eligible for the exemptions provided by the present law. FRAUDULENT RECEIPT OF TEMPORARY ASSISTANCE Present law provides that a person commits an offense who, knowingly, obtains, or attempts to obtain, or aids, or abets any person to obtain, by means of a willfully false statement, representation, or impersonation, or by any other fraudulent means or in any manner not authorized by the law regarding temporary assistance, or by the regulations or procedures issued or implemented by the department of human services pursuant to the law regarding temporary assistance, temporary assistance for a dependent child, either by check or by an electronic benefits transfer process, or any assistance provided pursuant to the law regarding temporary assistance by any other means as determined by the department, to which such child is not entitled or in an amount greater than that to which such child is entitled. Present law authorizes the court to order that such person be disqualified from participation in the temporary assistance program for 12 months for the first offense, 24 months for the second offense, and permanently for the third offense. Disqualification of any person from eligibility for assistance under the law regarding temporary assistance must not operate to disqualify or suspend the eligibility of an innocent adult or child of the disqualified person's family. This bill requires the following: (1) Individuals found by a court to have used or received benefits in a transaction involving the sale of a controlled substance to be disqualified from participation in the temporary assistance program for 24 months for the first violation and permanently for the second violation; (2) Individuals found by a court to have used or received benefits in a transaction involving the sale of firearms, ammunition, or explosives to be permanently disqualified from participation in the temporary assistance program upon the first such violation; and (3) Individuals convicted by a court for having trafficked benefits in an aggregate amount of $500 or more to be permanently disqualified from participation in the temporary assistance program upon the first violation. INVESTIGATION OF FOOD STAMP APPLICATIONS Present law requires, when an application for food stamp assistance is filed with the county office, the area manager, or a designated agent, to promptly make or cause to be made such investigation as it may deem necessary. The objective of such investigation must be to ascertain facts supporting the application and such other information as may be required by the rules of the department. Upon the completion of such investigation, the area manager or the area manager's designated agent must, within a reasonable period of time, determine eligibility. Present law requires an individual convicted under federal or state law of a felony involving possession, use, or distribution of a controlled substance to be exempt from the prohibition contained in federal law against eligibility for food stamp program benefits for such convictions, if such person, as determined by the department: (1) (i) Is currently participating in a substance abuse treatment program approved by the department of human services; (ii) is currently enrolled in a substance abuse treatment program approved by the department of human services, but is subject to a waiting list to receive available treatment, and the individual remains enrolled in the treatment program and enters the treatment program at the first available opportunity; (iii) has satisfactorily completed a substance abuse treatment program approved by the department of human services; or (iv) is determined by a treatment provider licensed by the department of health, division of alcohol and drug abuse services, not to need substance abuse treatment according to TennCare guidelines; and (2) Is complying with, or has already complied with, all obligations imposed by the criminal court. Present law requires eligibility based upon the factors in the above provision to be based upon documentary or other evidence satisfactory to the department, and the applicant must meet all other factors for program eligibility. However, present law prohibits a person convicted of a Class A felony for violating the law regarding drug offenses against public health, safety, and welfare from being eligible for the exemptions provided in the present law. This bill adds to the present law by also prohibiting a person convicted of an offense in another jurisdiction that would be classified as a Class A felony under the law regarding drug offenses against public health, safety, and welfare, if committed in this state, from being eligible for the exemptions provided by the present law. FRAUDULENT RECEIPT OF FOOD ASSISTANCE Present law provides that a person commits an offense who, knowingly, obtains, or attempts to obtain, or aids, or abets any person to obtain, by means of a willfully false statement, representation, or impersonation, or by any other fraudulent means or in any manner not authorized, or by the regulations or procedures issued or implemented by the department, any food coupons, food stamps, or food assistance benefits provided by any electronic benefits transfer process, or any assistance provided by any other means as determined by the department, to which such person is not entitled or of a greater value than that to which such person is entitled. Present law authorizes the court to order that such person be disqualified from participation in the food coupon, food stamp or food assistance program for 12 months for the first offense, 24 months for the second offense, and permanently for the third offense. Present law prohibits disqualification of any adult from eligibility for assistance from operating to disqualify or suspend the eligibility of an innocent adult or child of the disqualified person's family. This bill requires the following: (1) Individuals found by a court to have used or received benefits in a transaction involving the sale of a controlled substance to be disqualified from participation in the food coupon, food stamp, or food assistance program for 24 months for the first violation and permanently for the second violation; (2) Individuals found by a court to have used or received benefits in a transaction involving the sale of firearms, ammunition, or explosives to be permanently disqualified from participation in the food coupon, food stamp, or food assistance program upon the first violation; (3) Individuals convicted by a court for having trafficked benefits for an aggregate amount of $500 or more must be permanently disqualified from participation in the food coupon, food stamp, or food assistance program upon the first violation; and (4) Individuals found to have made a fraudulent statement or representation with respect to their identity or place of residence in order to receive multiple food coupons, food stamps, or food assistance program benefits simultaneously to be disqualified from participation in the food coupon, food stamp, or food assistance program for 10 years, except for when a person is permanently disqualified for the third offense from participation in the temporary assistance program.