Testimony on HB 1226 -- The Welfare Reform
Bill
To: Members of the Senate Human Services Committee
From: Christopher T. Dodson, Executive Director
Subject: HB 1226 (Welfare Reform)
Date: March 4, 1997
There is perhaps no more important piece of legislation
this body will address this session. The ultimate test of
any society and, therefore, this legislative assembly, is
how well it responds to the needs of its poor. Welfare
reform, because it touches the most vulnerable among us, is
not a matter for partisan opportunity seeking, "scape
goating", or games of "one-upmanship" to see who can appear
the toughest on those on welfare. There is no place for
such motives here.
Our contribution to this debate stems from two resources.
First, through the experiences of Catholic Family Services,
our health care facilities, and our parishes -- often the
first places to which people in financial crises turn -- we
have gained critical insight into poverty in our state.
Second, the Catholic Church has a tradition of moral
reasoning that we believe set forth a reasoned set of
principles needed to guide a moral evaluation of any
proposed changes in our welfare system. From these two
resources we advocate a welfare system which:
* Protects Human Life and Dignity
* Strengthens Family Life
* Encourages and Rewards Work
* Preserves a Safety Net for the Vulnerable
* Builds Public/Private Partnerships to Overcome Poverty
* Invests in Human Dignity
This forum does not provide an opportunity to address all
these principles as they relate to all the important
aspects of welfare reform in North Dakota. We nevertheless
urge this committee to keep these principles in mind as you
consider every part of HB 1226.
We will focus here on what we consider to be the most
significant portions of HB 1226. In making these comments,
we will not address the proposed state TANF plan or
unalterable provisions of the Personal Responsibility and
Work Opportunity Act, except when those provisions affect
the interpretation of provisions in HB 1226. Nor will we
respond specifically to the child support, funding, or TANF
"swap" provisions of HB 1226.
Our testimony will focus primarily on Section 75 of the
bill and, especially, the subsections addressing the
administration of TANF through the TEEM program. Our
comments will be taken as they appear in the bill.
a. Coverage During Pregnancy
The North Dakota Catholic Conference opposes subsection (a)
of the bill (page 67, line 30.)
In 1991, this state, with bipartisan support, enacted
pioneering legislation entitled the family support act.
Pro-life and pro-choice groups joined forces and insisted
that women facing crisis pregnancies because of a lack of
financial resources receive help during pregnancy.
Subsection (a) reverses this important legislation. There
is no good public policy reason for this reversal. As
Department officials can attest, the program has not been
overly costly. Moreover, its costs were certainly justified
by the public policy benefits of providing women in crisis
pregnancies with assistance during a crucial time.
We suggest amending the bill so that the subsection reads
as it did in the original bill draft. This would still
abolish the program enacted in 1991. However, it would
permit flexibility in the TANF program for such a program.
Indeed, such coverage was expressly permitted by the
federal law.
b. Lifetime Limits
We support affording households the 60 month time limit
provided by the federal law. A few points regarding the 60
month limit should be kept in mind:
1. The 60 months is a lifetime limit, potentially spanning
47 years. Very few of us can predict what economic crises
we may face in such a long period of time.
2. The 60 month provision does not provide an incentive for
a person to stay on welfare for five years. The work
provisions still apply, as well as any other
responsibilities stated in the individual's assessment.
Presumably, fulfilling these requirements, especially
working, will move the person off public assistance. If
they fail to work or comply with the other requirements,
they will face losing assistance. In short, it will be very
difficult for a person to purposely stay on welfare,
notwithstanding the 60 month limit.
3. The information we have regarding the present system
indicates why the 60 month provision will not lead to
abuse. Under the present system, there exist virtually no
time limits, yet very few persons ever receive assistance
for more than 60 months. Moreover, it is highly likely that
the situation would have been different for those few if
they were subject to the other requirements contained in
this bill and the federal law.
4. In short, affording the full 60 months provides
protection for two situations. The first situation is where
a person works but for some reason cannot make enough to no
longer be eligible for assistance. The second situation is
when a person does remove his or herself from assistance,
but faces a financial downturn at a later time. Indeed, it
could be decades later. Considering that so much of our
economy in North Dakota is dependent upon an unpredictable
agricultural economy, preserving the 60 month option is,
quite simply, the wise thing to do.
c. Hardship Exemption
We support exempting up to 20% of the monthly caseload from
the time limit. Permitting exemption for up to 20% best
assures that anyone who does qualify for the exemption
because of mental or physical disability of a parent or
child or incapacity can, in fact, be exempted.
An additional point about this subsection should be kept in
mind. If anything less than sixty months is considered in
subsection (b), this committee should amend subsection (c)
to permit exemption of other hardship cases. This would
permit flexibility to address the two situations I
discussed earlier -- when a person works but for some
reason cannot make enough to go off assistance and when a
person does remove his or herself from assistance, but
faces a financial downturn at a later time.
e, and m. Assistance to Non-citizens
The North Dakota Catholic Conference is still analyzing the
language of subsections (e) and (m.) At this time, we offer
only this guiding principle. As a society, we provide
public assistance because of our duty to respond to a
person's inherent dignity. That dignity does not depend
upon their political status. This principle is as old as
the earliest books of the Old Testament. Leviticus states:
You shall treat the alien who resides with you no
differently than the natives born among you; have the same
love for him as for yourself. . ." (Lv. 19:33-34.) This is
not a matter of religious doctrine. Rather, it is a moral
call to respect and support all persons, without regard for
their status as immigrant or citizen.
j, k, and aa. Out-of-Wedlock Pregnancy Reduction, Statutory
Rape Prevention, and Pre pregnancy Family Planning
The North Dakota Catholic Conference strongly supports
efforts to reduce out-of-wedlock pregnancies and statutory
rape. However, we have a number of questions and concerns
about the details of such a programs. Our main concern with
HB 1226 was that, in it original form, it contained some
specific concerning such programs but not others. The
amended language merely restates what is required by the
federal law. This appears to reflect a decision by the
House that the details of such programs will be left to the
Department and other relevant parties to develop at a later
time. Accordingly, we will address those programs at
another forum. We support section 80 of the bill that would
establish a task force for addressing subsections j, k, and
aa.
o.Domestic Violence Screening
The North Dakota Catholic Conference supports efforts to
screen and identify victims of domestic violence for
service referrals. Our efforts should not stop there. The
program should be arranged so that such victims, if
necessary, can be included in the 20% exemption in
subsection (c).
u.Work Exemptions for Single Mothers
The North Dakota Catholic Conference has previously opposed
exemption from work only for short periods of time. This is
a crucial time for a child and every child deserves to be
with a parent during this time. We recognize, however, that
the federal law provides only twelve months exclusion for a
lifetime. Given this fact, we testified in the House that
the four months per child is reasonable. This ensures that
time will be available should the mother have additional
children.
However, we did not anticipate that the bill would be
amended to discriminate against those additional children
by the family cap provision of subsection (dd). Any benefit
of providing time for the mother to care for her newborn is
offset by the burden placed on that mother by denying her
assistance for that additional child. It is unlikely that
she will be able to stay at home since, being denied
assistance, she will have to work immediately. The effect
of subsection (u) combined with subsection (dd) for most
women is that the lifetime limit will be four months, not
the twelve permitted by the federal law.
dd.The Family Cap Provision
North Dakota Catholic Conference strongly opposes
subsection (dd). As I stated at the beginning of this
testimony, a welfare system must protects human life and
dignity and strengthen family life. Family caps fail to
meet this criterion. Permit us to address some of the
problems with a family cap.
Family Caps Do Not Work
Although enacting family caps make some feel like they are
doing something to reduce the birth rate of women on public
assistance, there does not, in fact, exist any evidence
indicating that family caps work -- at least not in a way
that we should desire as a society. If family caps worked,
there would exist a relationship between receiving public
assistance and conception decisions. Thus, if they worked,
families would be smaller in states with low grant levels
and larger in states with high grant levels. However,
families receiving AFDC are not bigger in states with
larger AFDC grants and the state with the highest
percentage of welfare families with four or more children -
Mississippi - has the lowest AFDC grant level. If they
worked, families on welfare would be larger than other
families. However, AFDC families are typically not large -
the average AFDC family has only one or two children ["1994
Green Book", House Ways and Means].
A Rutgers University study of the family cap in New Jersey,
the state with the most experience with family caps, found
that the birth rates for both mothers subject to a loss of
benefits because a family cap and those who continued to
receive benefits were virtually identical. In other words,
the family cap has had no discernable impact on the
child-bearing decisions of mothers on public assistance.
Another study that examined fertility rates among AFDC
mothers in Wisconsin concluded that fertility rates for
AFDC mothers were lower than rates for the general
population, and that the longer a woman remains on welfare,
the less likely she is to give birth [Mark Rank, "Fertility
Among Women on Welfare: Incidence and Determinants"]. These
findings are consistent with a series of studies over the
last decade which have shown very little relationship
between grant levels and birth rates of low income women.
In short, implementing family caps is implementing an
unproven and dangerous policy.
Family Caps Encourage Abortions
One of the reasons enacting such a policy is dangerous is
that family caps encourage abortion.
In the first eight months after the implementation of the
New Jersey family cap, the abortion rate for poor women
increased by 3.6%. While this may not seem statistically
significant, it has enormous significance to those
children, their mothers, and their families. This increase
in abortions for poor women reversed a downward trend over
the several years prior to the enactment of the family cap.
Over the previous four years, New Jersey's abortion rate
had declined 12%. The rate continued to decline for
non-poor women. The more a particular woman is economically
pressured, the more likely she is to choose abortion for
that reason. Studies show that for low income women money
plays a large role in their decision to abort a child.
Seventy percent of women with incomes up to 149% of poverty
level say that economics was a factor in choosing to abort.
"Choosing," however, is not an adequate word for there is
no true "choice" when a woman is denied economic assistance
that could permit her to bring that child to full term
solely because she happens to be on assistance when the
child would be born. This is one reasons why organizations
on both sides of the abortion debate have opposed family
caps.
The family cap provision in HB 1226 is especially
egregious. The message of the family cap provision in HB
1226 is that, whatever the circumstances of that child's
conception, that child will be denied public assistance if
it is born while the mother is on assistance.
Family Caps Punish the Child
We must remember that TANF is a child based system. It is
designed to assist the children by helping their families.
Family caps, however, assist some children, but not others.
When we begin to look at family caps in practice, it is
apparent that there is not rational justification for
discriminating against some children and not others.
For example, a person could have four already born children
and seek and receive assistance for all four. If, however,
a person has one child and a second child is born while the
mother is on assistance, that second child would be denied
assistance. What rational justification is there for
discriminating against that second child? How are the needs
of that child any less than the four children in the first
example or the first child in the second? Unless there is a
rational reason why that child needs are less than all
other children, this body should not consider family caps.
Some respond that the difference does not concern the
child, but the mother. That is, the mother, being poor,
should not have had another child. This reasoning is flawed
for two reasons. First, there is no reason to punish the
child for the perceived "mistake" of the parent. Second,
the family cap in HB 1226 would apply even if the family
was off assistance when the child was conceived. A similar
argument is that a family cap will reduce out-of-wedlock
pregnancies. However, the cap in HB 1226 would apply to all
families, including families consisting of married couples.
Moreover, there is no evidence that assistance affects
conception decisions.
Besides, North Dakota can do something about
out-of-wedlock, teenage, or other pregnancies without
resorting to the unproven method of family caps. House Bill
1226 and the Proposed State TANF Plan already address the
issue by:
* Requiring the Department of Human Services to take action
and reduce the incidence of out-of-wedlock pregnancies;
* Providing pre-pregnancy family planning services;
* Including family planning in the recipient's initial
assessment;
* Requiring welfare recipients to work;
* Exempting single mothers from the work requirements only
for four months and for only twelve months in a lifetime;
* Providing for abstinence education programs for youth;
* Encouraging marriage by disregarding the stepparents'
income for six months when a person on assistance marries;
* Requiring minor parents to live with their parents or in
an approved adult supervised setting;
* Requiring minor parents to stay in school or work; and
* Establishing a Task Force to specifically address
out-of-wedlock pregnancies and statutory rape.
Shouldn't we give these initiatives a chance before we try
an unproven and potentially disastrous family cap?
Family Caps Fail to Respect the Life and Dignity of the
Most Vulnerable Among Us
In addition to looking at the facts, we should not forget
the principles we embrace when we enact a family cap. A
family cap punishes a child for what some in society
perceive as a "mistake" of the parent. There are two
problems with this approach. First, is questionable whether
the state has a right to tell married couples that
conceiving a child is "wrong" simply because they are on
public assistance. Second, we are all diminished when we
punish a child solely because his or her parents happened
to have had a child before and because they are on public
assistance. That child's right to life and to assistance
from the state is no different than the sibling that came
before.
This is why family caps are not a partisan issue. Indeed,
the narrow vote on the House floor to remove the family cap
provision was bipartisan. This is why organizations across
the political spectrum oppose family caps. This is why the
integrity of North Dakota's welfare reform system depends
on the removal of the family cap provision from HB 1226.
Although there exist other aspects of welfare reform that
concern us, this concludes our testimony on the main TANF
provisions of HB 1226. We urge the committee to amend HB
1226, especially by removing the family cap provision, so
that North Dakota can move forward with welfare reform that
respects, rather than endangers, human life and that
enhances, rather than diminishes, human dignity.