AB 2151: CalWORKs: special diet or food preparation needs allowance.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2016-04-27
Existing law requires each county to provide cash assistance and other social services to needy families through the California Work Opportunity and Responsibility to Kids (CalWORKs) program using federal Temporary Assistance to Needy Families block grant program, state, and county funds. Existing law specifies the amounts of cash aid to be paid each month to CalWORKs recipients, including an allowance of $10 for each eligible recipient for recurring special needs, as specified. which includes special diets, upon the recommendation of a physician for conditions other than pregnancy, and unusual costs of transportation, laundry, housekeeping services, telephone, and utilities.
This bill would include food preparation needs within the recurring special needs for which a recipient may receive the $10 monthly allowance. The bill would also require that an additional allowance be paid each month in the amount of $20 or actual expenses, whichever is greater, to a recipient who has a special, diet-related food need caused by a permanent or temporary medical condition, other than pregnancy. The bill would require the verification to be signed by a licensed physician, dentist, dietician, nutritionist, or other qualified health practitioner. The bill would require verification of the recipients medical condition by a health care provider, as specified. By increasing the administrative duties of counties administering the CalWORKs program, the bill would impose a state-mandated local program.
Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program.
This bill would instead provide that the continuous appropriation would not be made for purposes of implementing the bill.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Existing law requires each county to provide cash assistance and other social services to needy families through the California Work Opportunity and Responsibility to Kids (CalWORKs) program using federal Temporary Assistance to Needy Families block grant program, state, and county funds. Existing law specifies the amounts of cash aid to be paid each month to CalWORKs recipients, including an allowance for recurring special needs, as specified.
This bill would require that an additional allowance be paid each month in the amount of $20 or actual expenses, whichever is greater, to a recipient who has a special dietary special, diet-related food need caused by a permanent or temporary medical condition, other than pregnancy. The bill would require the verification to be signed by a licensed physician, dentist, dietician, nutritionist, or other qualified health practitioner. By increasing the administrative duties of counties administering the CalWORKs program, the bill would impose a state-mandated local program.
Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program.
This bill would instead provide that the continuous appropriation would not be made for purposes of implementing the bill.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Existing law requires each county to provide cash assistance and other social services to needy families through the California Work Opportunity and Responsibility to Kids (CalWORKs) program using federal Temporary Assistance to Needy Families block grant program, state, and county funds. Existing law specifies the amounts of cash aid to be paid each month to CalWORKs recipients, including an allowance for recurring special needs, as specified.
This bill would require that an additional allowance be paid each month in the amount of $20 or actual expenses, whichever is greater, to a recipient who has a special dietary need caused by a permanent or temporary medical condition, other than pregnancy. The bill would require the verification to be signed by a licensed physician, dentist, dietician, nutritionist, or other qualified health practitioner. By increasing the administrative duties of counties administering the CalWORKs program, the bill would impose a state-mandated local program.
Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program.
This bill would instead provide that the continuous appropriation would not be made for purposes of implementing the bill.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
(a)(1)(A)Aid shall be paid for each needy family, which shall include all eligible brothers and sisters of each eligible applicant or recipient child and the parents of the children, but shall not include unborn children, or recipients of aid under Chapter 3 (commencing with Section 12000), qualified for aid under this chapter. In determining the amount of aid paid, and notwithstanding the minimum basic standards of adequate care specified in Section 11452, the familys income, exclusive of any amounts considered exempt as income or paid pursuant to subdivision (e) or Section 11453.1, determined for the prospective semiannual period pursuant to Sections 11265.1, 11265.2, and 11265.3, and then calculated pursuant to Section 11451.5, shall be deducted from the sum specified in the following table, as adjusted for cost-of-living increases pursuant to Section 11453 and paragraph (2). In no case shall the amount of aid paid for each month exceed the sum specified in the following table, as adjusted for cost-of-living increases pursuant to Section 11453 and paragraph (2), plus any special needs, as specified in subdivisions (c), (e), and (f):
Number of | Maximum |
|---|---|
1 | $326 |
2 | 535 |
3 | 663 |
4 | 788 |
5 | 899 |
6 | 1,010 |
7 | 1,109 |
8 | 1,209 |
9 | 1,306 |
10 or more | 1,403 |
(B)If, when, and during those times that the United States government increases or decreases its contributions in assistance of needy children in this state above or below the amount paid on July 1, 1972, the amounts specified in the above table shall be increased or decreased by an amount equal to that increase or decrease by the United States government, provided that no increase or decrease shall be subject to subsequent adjustment pursuant to Section 11453.
(2)The sums specified in paragraph (1) shall not be adjusted for cost of living for the 199091, 199192, 199293, 199394, 199495, 199596, 199697, and 199798 fiscal years, and through October 31, 1998, nor shall that amount be included in the base for calculating any cost-of-living increases for any fiscal year thereafter. Elimination of the cost-of-living adjustment pursuant to this paragraph shall satisfy the requirements of former Section 11453.05, and no further reduction shall be made pursuant to that section.
(b)(1)When the family does not include a needy child qualified for aid under this chapter, aid shall be paid to a pregnant child who is 18 years of age or younger at any time after verification of pregnancy, in the amount that would otherwise be paid to one person, as specified in subdivision (a), if the child and her child, if born, would have qualified for aid under this chapter. Verification of pregnancy shall be required as a condition of eligibility for aid under this subdivision.
(2) Notwithstanding paragraph (1), when the family does not include a needy child qualified for aid under this chapter, aid shall be paid to a pregnant woman for the month in which the birth is anticipated and for the six-month period immediately prior to the month in which the birth is anticipated, in the amount that would otherwise be paid to one person, as specified in subdivision (a), if the woman and child, if born, would have qualified for aid under this chapter. Verification of pregnancy shall be required as a condition of eligibility for aid under this subdivision.
(3)Paragraph (1) shall apply only when the Cal-Learn Program is operative.
(c)The amount of forty-seven dollars ($47) per month shall be paid to pregnant women qualified for aid under subdivision (a) or (b) to meet special needs resulting from pregnancy if the woman and child, if born, would have qualified for aid under this chapter. County welfare departments shall refer all recipients of aid under this subdivision to a local provider of the Women, Infants, and Children program. If that payment to pregnant women qualified for aid under subdivision (a) is considered income under federal law in the first five months of pregnancy, payments under this subdivision shall not apply to persons eligible under subdivision (a), except for the month in which birth is anticipated and for the three-month period immediately prior to the month in which delivery is anticipated, if the woman and child, if born, would have qualified for aid under this chapter.
(d)For children receiving AFDC-FC under this chapter, there shall be paid, exclusive of any amount considered exempt as income, an amount of aid each month that, when added to the childs income, is equal to the rate specified in Section 11460, 11461, 11462, 11462.1, or 11463. In addition, the child shall be eligible for special needs, as specified in departmental regulations.
(e)(1)In addition to the amounts payable under subdivision (a) and Section 11453.1, a family shall be entitled to receive an allowance for recurring special needs not common to a majority of recipients. These recurring special needs shall include, but not be limited to, food preparation needs and unusual costs of transportation, laundry, housekeeping services, telephone, and utilities. The recurring special needs allowance for each family per month shall not exceed that amount resulting from multiplying the sum of ten dollars ($10) by the number of recipients in the family who are eligible for assistance.
(2)Each recipient is entitled to a special, diet-related food needs allowance of twenty dollars ($20) per month, or actual verified expenses related to the special, diet-related food needs, whichever is greater. The allowance shall be provided in the form of a supplemental food benefit upon a countys receipt of verification that a recipient has a special dietary need caused by a permanent or temporary medical condition, other than pregnancy. This verification shall be signed by a licensed physician, dentist, dietician, nutritionist, or physicians assistant, or nurse practitioner who has examined the patient, or other qualified health practitioner. care provider to whom the recipient has been referred. For verifications signed by a health care provider as a result of a referral, the verification also shall include the name and address of the referring provider.
(f)After a family has used all available liquid resources, both exempt and nonexempt, in excess of one hundred dollars ($100), with the exception of funds deposited in a restricted account described in subdivision (a) of Section 11155.2, the family shall also be entitled to receive an allowance for nonrecurring special needs.
(1)An allowance for nonrecurring special needs shall be granted for replacement of clothing and household equipment and for emergency housing needs other than those needs addressed by paragraph (2). These needs shall be caused by sudden and unusual circumstances beyond the control of the needy family. The department shall establish the allowance for each of the nonrecurring special needs items. The sum of all nonrecurring special needs provided by this subdivision shall not exceed six hundred dollars ($600) per event.
(2)(A)Homeless assistance is available to a homeless family seeking shelter when the family is eligible for aid under this chapter. Homeless assistance for temporary shelter is also available to homeless families that are apparently eligible for aid under this chapter. Apparent eligibility exists when evidence presented by the applicant, or that is otherwise available to the county welfare department, and the information provided on the application documents indicate that there would be eligibility for aid under this chapter if the evidence and information were verified. However, an alien applicant who does not provide verification of his or her eligible alien status, or a woman with no eligible children who does not provide medical verification of pregnancy, is not apparently eligible for purposes of this section.
(B)A family is considered homeless, for the purpose of this section, when the family lacks a fixed and regular nighttime residence; or the family has a primary nighttime residence that is a supervised publicly or privately operated shelter designed to provide temporary living accommodations; or the family is residing in a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings. A family is also considered homeless for the purpose of this section if the family has received a notice to pay rent or quit. The family shall demonstrate that the eviction is the result of a verified financial hardship as a result of extraordinary circumstances beyond their control, and not other lease or rental violations, and that the family is experiencing a financial crisis that could result in homelessness if preventative assistance is not provided.
(3)(A)(i)A nonrecurring special needs benefit of sixty-five dollars ($65) a day shall be available to families of up to four members for the costs of temporary shelter, subject to the requirements of this paragraph. The fifth and additional members of the family shall each receive fifteen dollars ($15) per day, up to a daily maximum of one hundred twenty-five dollars ($125). County welfare departments may increase the daily amount available for temporary shelter as necessary to secure the additional bedspace needed by the family.
(ii)This special needs benefit shall be granted or denied immediately upon the familys application for homeless assistance, and benefits shall be available for up to three working days. The county welfare department shall verify the familys homelessness within the first three working days and, if the family meets the criteria of questionable homelessness established by the department, the county welfare department shall refer the family to its early fraud prevention and detection unit, if the county has such a unit, for assistance in the verification of homelessness within this period.
(iii)After homelessness has been verified, the three-day limit shall be extended for a period of time which, when added to the initial benefits provided, does not exceed a total of 16 calendar days. This extension of benefits shall be done in increments of one week and shall be based upon searching for permanent housing which shall be documented on a housing search form, good cause, or other circumstances defined by the department. Documentation of a housing search shall be required for the initial extension of benefits beyond the three-day limit and on a weekly basis thereafter as long as the family is receiving temporary shelter benefits. Good cause shall include, but is not limited to, situations in which the county welfare department has determined that the family, to the extent it is capable, has made a good faith but unsuccessful effort to secure permanent housing while receiving temporary shelter benefits.
(B)(i)A nonrecurring special needs benefit for permanent housing assistance is available to pay for last months rent and security deposits when these payments are reasonable conditions of securing a residence, or to pay for up to two months of rent arrearages, when these payments are a reasonable condition of preventing eviction.
(ii)The last months rent or monthly arrearage portion of the payment (I) shall not exceed 80 percent of the familys total monthly household income without the value of CalFresh benefits or special needs benefit for a family of that size and (II) shall only be made to families that have found permanent housing costing no more than 80 percent of the familys total monthly household income without the value of CalFresh benefits or special needs benefit for a family of that size.
(iii)However, if the county welfare department determines that a family intends to reside with individuals who will be sharing housing costs, the county welfare department shall, in appropriate circumstances, set aside the condition specified in subclause (II) of clause (ii).
(C)The nonrecurring special needs benefit for permanent housing assistance is also available to cover the standard costs of deposits for utilities which are necessary for the health and safety of the family.
(D)A payment for or denial of permanent housing assistance shall be issued no later than one working day from the time that a family presents evidence of the availability of permanent housing. If an applicant family provides evidence of the availability of permanent housing before the county welfare department has established eligibility for aid under this chapter, the county welfare department shall complete the eligibility determination so that the denial of or payment for permanent housing assistance is issued within one working day from the submission of evidence of the availability of permanent housing, unless the family has failed to provide all of the verification necessary to establish eligibility for aid under this chapter.
(E)(i)Except as provided in clauses (ii) and (iii), eligibility for the temporary shelter assistance and the permanent housing assistance pursuant to this paragraph shall be limited to one period of up to 16 consecutive calendar days of temporary assistance and one payment of permanent assistance. Any family that includes a parent or nonparent caretaker relative living in the home who has previously received temporary or permanent homeless assistance at any time on behalf of an eligible child shall not be eligible for further homeless assistance. Any person who applies for homeless assistance benefits shall be informed that the temporary shelter benefit of up to 16 consecutive days is available only once in a lifetime, with certain exceptions, and that a break in the consecutive use of the benefit constitutes permanent exhaustion of the temporary benefit.
(ii)A family that becomes homeless as a direct and primary result of a state or federally declared natural disaster shall be eligible for temporary and permanent homeless assistance.
(iii)A family shall be eligible for temporary and permanent homeless assistance when homelessness is a direct result of domestic violence by a spouse, partner, or roommate; physical or mental illness that is medically verified that shall not include a diagnosis of alcoholism, drug addiction, or psychological stress; or, the uninhabitability of the former residence caused by sudden and unusual circumstances beyond the control of the family including natural catastrophe, fire, or condemnation. These circumstances shall be verified by a third-party governmental or private health and human services agency, except that domestic violence may also be verified by a sworn statement by the victim, as provided under Section 11495.25. Homeless assistance payments based on these specific circumstances may not be received more often than once in any 12-month period. In addition, if the domestic violence is verified by a sworn statement by the victim, the homeless assistance payments shall be limited to two periods of not more than 16 consecutive calendar days of temporary assistance and two payments of permanent assistance. A county may require that a recipient of homeless assistance benefits who qualifies under this paragraph for a second time in a 24-month period participate in a homelessness avoidance case plan as a condition of eligibility for homeless assistance benefits. The county welfare department shall immediately inform recipients who verify domestic violence by a sworn statement of the availability of domestic violence counseling and services, and refer those recipients to services upon request.
(iv)If a county requires a recipient who verifies domestic violence by a sworn statement to participate in a homelessness avoidance case plan pursuant to clause (iii), the plan shall include the provision of domestic violence services, if appropriate.
(v)If a recipient seeking homeless assistance based on domestic violence pursuant to clause (iii) has previously received homeless avoidance services based on domestic violence, the county shall review whether services were offered to the recipient and consider what additional services would assist the recipient in leaving the domestic violence situation.
(vi)The county welfare department shall report necessary data to the department through a statewide homeless assistance payment indicator system, as requested by the department, regarding all recipients of aid under this paragraph.
(F)The county welfare departments, and all other entities participating in the costs of the CalWORKs program, have the right in their share to any refunds resulting from payment of the permanent housing. However, if an emergency requires the family to move within the 12-month period specified in subparagraph (E), the family shall be allowed to use any refunds received from its deposits to meet the costs of moving to another residence.
(G)Payments to providers for temporary shelter and permanent housing and utilities shall be made on behalf of families requesting these payments.
(H)The daily amount for the temporary shelter special needs benefit for homeless assistance may be increased if authorized by the current years Budget Act by specifying a different daily allowance and appropriating the funds therefor.
(I)No payment shall be made pursuant to this paragraph unless the provider of housing is a commercial establishment, shelter, or person in the business of renting properties who has a history of renting properties.
(g)The department shall establish rules and regulations ensuring the uniform statewide application of this section.
(h)The department shall notify all applicants and recipients of aid through the standardized application form that these benefits are available and shall provide an opportunity for recipients to apply for the funds quickly and efficiently.
(i)(A)(1)Except for the purposes of Section 15200, the amounts payable to recipients pursuant to Section 11453.1 shall not constitute part of the payment schedule set forth in subdivision (a).
(B)(2)The amounts payable to recipients pursuant to Section 11453.1 shall not constitute income to recipients of aid under this section.
(j)For children receiving Kin-GAP pursuant to Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) there shall be paid, exclusive of any amount considered exempt as income, an amount of aid each month, which, when added to the childs income, is equal to the rate specified in Sections 11364 and 11387.
(k)(1)A county shall implement the semiannual reporting requirements in accordance with Chapter 501 of the Statutes of 2011 no later than October 1, 2013.
(2)Upon completion of the implementation described in paragraph (1), each county shall provide a certificate to the director certifying that semiannual reporting has been implemented in the county.
(3)Upon filing the certificate described in paragraph (2), a county shall comply with the semiannual reporting provisions of this section.
SEC. 2.No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of implementing this act.
SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)(1)(A)Aid shall be paid for each needy family, which shall include all eligible brothers and sisters of each eligible applicant or recipient child and the parents of the children, but shall not include unborn children, or recipients of aid under Chapter 3 (commencing with Section 12000), qualified for aid under this chapter. In determining the amount of aid paid, and notwithstanding the minimum basic standards of adequate care specified in Section 11452, the familys income, exclusive of any amounts considered exempt as income or paid pursuant to subdivision (e) or Section 11453.1, determined for the prospective semiannual period pursuant to Sections 11265.1, 11265.2, and 11265.3, and then calculated pursuant to Section 11451.5, shall be deducted from the sum specified in the following table, as adjusted for cost-of-living increases pursuant to Section 11453 and paragraph (2). In no case shall the amount of aid paid for each month exceed the sum specified in the following table, as adjusted for cost-of-living increases pursuant to Section 11453 and paragraph (2), plus any special needs, as specified in subdivisions (c), (e), and (f):
Number of | Maximum |
|---|---|
1 | $326 |
2 | 535 |
3 | 663 |
4 | 788 |
5 | 899 |
6 | 1,010 |
7 | 1,109 |
8 | 1,209 |
9 | 1,306 |
10 or more | 1,403 |
(B)If, when, and during those times that the United States government increases or decreases its contributions in assistance of needy children in this state above or below the amount paid on July 1, 1972, the amounts specified in the above table shall be increased or decreased by an amount equal to that increase or decrease by the United States government, provided that no increase or decrease shall be subject to subsequent adjustment pursuant to Section 11453.
(2)The sums specified in paragraph (1) shall not be adjusted for cost of living for the 199091, 199192, 199293, 199394, 199495, 199596, 199697, and 199798 fiscal years, and through October 31, 1998, nor shall that amount be included in the base for calculating any cost-of-living increases for any fiscal year thereafter. Elimination of the cost-of-living adjustment pursuant to this paragraph shall satisfy the requirements of former Section 11453.05, and no further reduction shall be made pursuant to that section.
(b)(1)When the family does not include a needy child qualified for aid under this chapter, aid shall be paid to a pregnant child who is 18 years of age or younger at any time after verification of pregnancy, in the amount that would otherwise be paid to one person, as specified in subdivision (a), if the child and her child, if born, would have qualified for aid under this chapter. Verification of pregnancy shall be required as a condition of eligibility for aid under this subdivision.
(2) Notwithstanding paragraph (1), when the family does not include a needy child qualified for aid under this chapter, aid shall be paid to a pregnant woman for the month in which the birth is anticipated and for the six-month period immediately prior to the month in which the birth is anticipated, in the amount that would otherwise be paid to one person, as specified in subdivision (a), if the woman and child, if born, would have qualified for aid under this chapter. Verification of pregnancy shall be required as a condition of eligibility for aid under this subdivision.
(3)Paragraph (1) shall apply only when the Cal-Learn Program is operative.
(c)The amount of forty-seven dollars ($47) per month shall be paid to pregnant women qualified for aid under subdivision (a) or (b) to meet special needs resulting from pregnancy if the woman and child, if born, would have qualified for aid under this chapter. County welfare departments shall refer all recipients of aid under this subdivision to a local provider of the Women, Infants, and Children program. If that payment to pregnant women qualified for aid under subdivision (a) is considered income under federal law in the first five months of pregnancy, payments under this subdivision shall not apply to persons eligible under subdivision (a), except for the month in which birth is anticipated and for the three-month period immediately prior to the month in which delivery is anticipated, if the woman and child, if born, would have qualified for aid under this chapter.
(d)For children receiving AFDC-FC under this chapter, there shall be paid, exclusive of any amount considered exempt as income, an amount of aid each month that, when added to the childs income, is equal to the rate specified in Section 11460, 11461, 11462, 11462.1, or 11463. In addition, the child shall be eligible for special needs, as specified in departmental regulations.
(e)(1)In addition to the amounts payable under subdivision (a) and Section 11453.1, a family shall be entitled to receive an allowance for recurring special needs not common to a majority of recipients. These recurring special needs shall include, but not be limited to, special diets or food preparation needs, as described in paragraph (2), needs and unusual costs of transportation, laundry, housekeeping services, telephone, and utilities. Except as provided in paragraph (2), the The recurring special needs allowance for each family per month shall not exceed that amount resulting from multiplying the sum of ten dollars ($10) by the number of recipients in the family who are eligible for assistance.
(2)Each recipient is entitled to a special diet or food preparation special, diet-related food needs allowance of twenty dollars ($20) per month, or actual verified expenses related to the special diet or food preparation special, diet-related food needs, whichever is greater. The allowance shall be provided in the form of a supplemental food benefit upon a countys receipt of verification that a recipient has a special dietary need caused by a permanent or temporary medical condition, other than pregnancy. This verification shall be signed by a licensed physician, dentist, dietician, nutritionist, or other qualified health practitioner.
(f)After a family has used all available liquid resources, both exempt and nonexempt, in excess of one hundred dollars ($100), with the exception of funds deposited in a restricted account described in subdivision (a) of Section 11155.2, the family shall also be entitled to receive an allowance for nonrecurring special needs.
(1)An allowance for nonrecurring special needs shall be granted for replacement of clothing and household equipment and for emergency housing needs other than those needs addressed by paragraph (2). These needs shall be caused by sudden and unusual circumstances beyond the control of the needy family. The department shall establish the allowance for each of the nonrecurring special needs items. The sum of all nonrecurring special needs provided by this subdivision shall not exceed six hundred dollars ($600) per event.
(2)(A)Homeless assistance is available to a homeless family seeking shelter when the family is eligible for aid under this chapter. Homeless assistance for temporary shelter is also available to homeless families that are apparently eligible for aid under this chapter. Apparent eligibility exists when evidence presented by the applicant, or that is otherwise available to the county welfare department, and the information provided on the application documents indicate that there would be eligibility for aid under this chapter if the evidence and information were verified. However, an alien applicant who does not provide verification of his or her eligible alien status, or a woman with no eligible children who does not provide medical verification of pregnancy, is not apparently eligible for purposes of this section.
(B)A family is considered homeless, for the purpose of this section, when the family lacks a fixed and regular nighttime residence; or the family has a primary nighttime residence that is a supervised publicly or privately operated shelter designed to provide temporary living accommodations; or the family is residing in a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings. A family is also considered homeless for the purpose of this section if the family has received a notice to pay rent or quit. The family shall demonstrate that the eviction is the result of a verified financial hardship as a result of extraordinary circumstances beyond their control, and not other lease or rental violations, and that the family is experiencing a financial crisis that could result in homelessness if preventative assistance is not provided.
(3)(A)(i)A nonrecurring special needs benefit of sixty-five dollars ($65) a day shall be available to families of up to four members for the costs of temporary shelter, subject to the requirements of this paragraph. The fifth and additional members of the family shall each receive fifteen dollars ($15) per day, up to a daily maximum of one hundred twenty-five dollars ($125). County welfare departments may increase the daily amount available for temporary shelter as necessary to secure the additional bedspace needed by the family.
(ii)This special needs benefit shall be granted or denied immediately upon the familys application for homeless assistance, and benefits shall be available for up to three working days. The county welfare department shall verify the familys homelessness within the first three working days and and, if the family meets the criteria of questionable homelessness established by the department, the county welfare department shall refer the family to its early fraud prevention and detection unit, if the county has such a unit, for assistance in the verification of homelessness within this period.
(iii)After homelessness has been verified, the three-day limit shall be extended for a period of time which, when added to the initial benefits provided, does not exceed a total of 16 calendar days. This extension of benefits shall be done in increments of one week and shall be based upon searching for permanent housing which shall be documented on a housing search form, good cause, or other circumstances defined by the department. Documentation of a housing search shall be required for the initial extension of benefits beyond the three-day limit and on a weekly basis thereafter as long as the family is receiving temporary shelter benefits. Good cause shall include, but is not limited to, situations in which the county welfare department has determined that the family, to the extent it is capable, has made a good faith but unsuccessful effort to secure permanent housing while receiving temporary shelter benefits.
(B)(i)A nonrecurring special needs benefit for permanent housing assistance is available to pay for last months rent and security deposits when these payments are reasonable conditions of securing a residence, or to pay for up to two months of rent arrearages, when these payments are a reasonable condition of preventing eviction.
(ii)The last months rent or monthly arrearage portion of the payment (I) shall not exceed 80 percent of the familys total monthly household income without the value of CalFresh benefits or special needs benefit for a family of that size and (II) shall only be made to families that have found permanent housing costing no more than 80 percent of the familys total monthly household income without the value of CalFresh benefits or special needs benefit for a family of that size.
(iii)However, if the county welfare department determines that a family intends to reside with individuals who will be sharing housing costs, the county welfare department shall, in appropriate circumstances, set aside the condition specified in subclause (II) of clause (ii).
(C)The nonrecurring special needs benefit for permanent housing assistance is also available to cover the standard costs of deposits for utilities which are necessary for the health and safety of the family.
(D)A payment for or denial of permanent housing assistance shall be issued no later than one working day from the time that a family presents evidence of the availability of permanent housing. If an applicant family provides evidence of the availability of permanent housing before the county welfare department has established eligibility for aid under this chapter, the county welfare department shall complete the eligibility determination so that the denial of or payment for permanent housing assistance is issued within one working day from the submission of evidence of the availability of permanent housing, unless the family has failed to provide all of the verification necessary to establish eligibility for aid under this chapter.
(E)(i)Except as provided in clauses (ii) and (iii), eligibility for the temporary shelter assistance and the permanent housing assistance pursuant to this paragraph shall be limited to one period of up to 16 consecutive calendar days of temporary assistance and one payment of permanent assistance. Any family that includes a parent or nonparent caretaker relative living in the home who has previously received temporary or permanent homeless assistance at any time on behalf of an eligible child shall not be eligible for further homeless assistance. Any person who applies for homeless assistance benefits shall be informed that the temporary shelter benefit of up to 16 consecutive days is available only once in a lifetime, with certain exceptions, and that a break in the consecutive use of the benefit constitutes permanent exhaustion of the temporary benefit.
(ii)A family that becomes homeless as a direct and primary result of a state or federally declared natural disaster shall be eligible for temporary and permanent homeless assistance.
(iii)A family shall be eligible for temporary and permanent homeless assistance when homelessness is a direct result of domestic violence by a spouse, partner, or roommate; physical or mental illness that is medically verified that shall not include a diagnosis of alcoholism, drug addiction, or psychological stress; or, the uninhabitability of the former residence caused by sudden and unusual circumstances beyond the control of the family including natural catastrophe, fire, or condemnation. These circumstances shall be verified by a third-party governmental or private health and human services agency, except that domestic violence may also be verified by a sworn statement by the victim, as provided under Section 11495.25. Homeless assistance payments based on these specific circumstances may not be received more often than once in any 12-month period. In addition, if the domestic violence is verified by a sworn statement by the victim, the homeless assistance payments shall be limited to two periods of not more than 16 consecutive calendar days of temporary assistance and two payments of permanent assistance. A county may require that a recipient of homeless assistance benefits who qualifies under this paragraph for a second time in a 24-month period participate in a homelessness avoidance case plan as a condition of eligibility for homeless assistance benefits. The county welfare department shall immediately inform recipients who verify domestic violence by a sworn statement of the availability of domestic violence counseling and services, and refer those recipients to services upon request.
(iv)If a county requires a recipient who verifies domestic violence by a sworn statement to participate in a homelessness avoidance case plan pursuant to clause (iii), the plan shall include the provision of domestic violence services, if appropriate.
(v)If a recipient seeking homeless assistance based on domestic violence pursuant to clause (iii) has previously received homeless avoidance services based on domestic violence, the county shall review whether services were offered to the recipient and consider what additional services would assist the recipient in leaving the domestic violence situation.
(vi)The county welfare department shall report necessary data to the department through a statewide homeless assistance payment indicator system, as requested by the department, regarding all recipients of aid under this paragraph.
(F)The county welfare departments, and all other entities participating in the costs of the CalWORKs program, have the right in their share to any refunds resulting from payment of the permanent housing. However, if an emergency requires the family to move within the 12-month period specified in subparagraph (E), the family shall be allowed to use any refunds received from its deposits to meet the costs of moving to another residence.
(G)Payments to providers for temporary shelter and permanent housing and utilities shall be made on behalf of families requesting these payments.
(H)The daily amount for the temporary shelter special needs benefit for homeless assistance may be increased if authorized by the current years Budget Act by specifying a different daily allowance and appropriating the funds therefor.
(I)No payment shall be made pursuant to this paragraph unless the provider of housing is a commercial establishment, shelter, or person in the business of renting properties who has a history of renting properties.
(g)The department shall establish rules and regulations ensuring the uniform statewide application of this section.
(h)The department shall notify all applicants and recipients of aid through the standardized application form that these benefits are available and shall provide an opportunity for recipients to apply for the funds quickly and efficiently.
(i)(A)Except for the purposes of Section 15200, the amounts payable to recipients pursuant to Section 11453.1 shall not constitute part of the payment schedule set forth in subdivision (a).
(B)The amounts payable to recipients pursuant to Section 11453.1 shall not constitute income to recipients of aid under this section.
(j)For children receiving Kin-GAP pursuant to Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) there shall be paid, exclusive of any amount considered exempt as income, an amount of aid each month, which, when added to the childs income, is equal to the rate specified in Sections 11364 and 11387.
(k)(1)A county shall implement the semiannual reporting requirements in accordance with Chapter 501 of the Statutes of 2011 no later than October 1, 2013.
(2)Upon completion of the implementation described in paragraph (1), each county shall provide a certificate to the director certifying that semiannual reporting has been implemented in the county.
(3)Upon filing the certificate described in paragraph (2), a county shall comply with the semiannual reporting provisions of this section.
SEC. 2.No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of implementing this act.
SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)(1)(A)Aid shall be paid for each needy family, which shall include all eligible brothers and sisters of each eligible applicant or recipient child and the parents of the children, but shall not include unborn children, or recipients of aid under Chapter 3 (commencing with Section 12000), qualified for aid under this chapter. In determining the amount of aid paid, and notwithstanding the minimum basic standards of adequate care specified in Section 11452, the familys income, exclusive of any amounts considered exempt as income or paid pursuant to subdivision (e) or Section 11453.1, determined for the prospective semiannual period pursuant to Sections 11265.1, 11265.2, and 11265.3, and then calculated pursuant to Section 11451.5, shall be deducted from the sum specified in the following table, as adjusted for cost-of-living increases pursuant to Section 11453 and paragraph (2). In no case shall the amount of aid paid for each month exceed the sum specified in the following table, as adjusted for cost-of-living increases pursuant to Section 11453 and paragraph (2), plus any special needs, as specified in subdivisions (c), (e), and (f):
Number of | Maximum |
|---|---|
1 | $326 |
2 | 535 |
3 | 663 |
4 | 788 |
5 | 899 |
6 | 1,010 |
7 | 1,109 |
8 | 1,209 |
9 | 1,306 |
10 or more | 1,403 |
(B)If, when, and during those times that the United States government increases or decreases its contributions in assistance of needy children in this state above or below the amount paid on July 1, 1972, the amounts specified in the above table shall be increased or decreased by an amount equal to that increase or decrease by the United States government, provided that no increase or decrease shall be subject to subsequent adjustment pursuant to Section 11453.
(2)The sums specified in paragraph (1) shall not be adjusted for cost of living for the 199091, 199192, 199293, 199394, 199495, 199596, 199697, and 199798 fiscal years, and through October 31, 1998, nor shall that amount be included in the base for calculating any cost-of-living increases for any fiscal year thereafter. Elimination of the cost-of-living adjustment pursuant to this paragraph shall satisfy the requirements of former Section 11453.05, and no further reduction shall be made pursuant to that section.
(b)(1)When the family does not include a needy child qualified for aid under this chapter, aid shall be paid to a pregnant child who is 18 years of age or younger at any time after verification of pregnancy, in the amount that would otherwise be paid to one person, as specified in subdivision (a), if the child and her child, if born, would have qualified for aid under this chapter. Verification of pregnancy shall be required as a condition of eligibility for aid under this subdivision.
(2) Notwithstanding paragraph (1), when the family does not include a needy child qualified for aid under this chapter, aid shall be paid to a pregnant woman for the month in which the birth is anticipated and for the six-month period immediately prior to the month in which the birth is anticipated, in the amount that would otherwise be paid to one person, as specified in subdivision (a), if the woman and child, if born, would have qualified for aid under this chapter. Verification of pregnancy shall be required as a condition of eligibility for aid under this subdivision.
(3)Paragraph (1) shall apply only when the Cal-Learn Program is operative.
(c)The amount of forty-seven dollars ($47) per month shall be paid to pregnant women qualified for aid under subdivision (a) or (b) to meet special needs resulting from pregnancy if the woman and child, if born, would have qualified for aid under this chapter. County welfare departments shall refer all recipients of aid under this subdivision to a local provider of the Women, Infants, and Children program. If that payment to pregnant women qualified for aid under subdivision (a) is considered income under federal law in the first five months of pregnancy, payments under this subdivision shall not apply to persons eligible under subdivision (a), except for the month in which birth is anticipated and for the three-month period immediately prior to the month in which delivery is anticipated, if the woman and child, if born, would have qualified for aid under this chapter.
(d)For children receiving AFDC-FC under this chapter, there shall be paid, exclusive of any amount considered exempt as income, an amount of aid each month that, when added to the childs income, is equal to the rate specified in Section 11460, 11461, 11462, 11462.1, or 11463. In addition, the child shall be eligible for special needs, as specified in departmental regulations.
(e)(1)In addition to the amounts payable under subdivision (a) and Section 11453.1, a family shall be entitled to receive an allowance for recurring special needs not common to a majority of recipients. These recurring special needs shall include, but not be limited to, special diets upon the recommendation of a physician for circumstances other than pregnancy, or food preparation needs, as described in paragraph (2), and unusual costs of transportation, laundry, housekeeping services, telephone, and utilities. The Except as provided in paragraph (2), the recurring special needs allowance for each family per month shall not exceed that amount resulting from multiplying the sum of ten dollars ($10) by the number of recipients in the family who are eligible for assistance.
(2)Each recipient is entitled to a special diet or food preparation needs allowance of twenty dollars ($20) per month, or actual verified expenses related to the special diet or food preparation needs, whichever is greater. The allowance shall be provided in the form of a supplemental food benefit upon a countys receipt of verification that a recipient has a special dietary need caused by a permanent or temporary medical condition, other than pregnancy. This verification shall be signed by a licensed physician, dentist, dietician, nutritionist, or other qualified health practitioner.
(f)After a family has used all available liquid resources, both exempt and nonexempt, in excess of one hundred dollars ($100), with the exception of funds deposited in a restricted account described in subdivision (a) of Section 11155.2, the family shall also be entitled to receive an allowance for nonrecurring special needs.
(1)An allowance for nonrecurring special needs shall be granted for replacement of clothing and household equipment and for emergency housing needs other than those needs addressed by paragraph (2). These needs shall be caused by sudden and unusual circumstances beyond the control of the needy family. The department shall establish the allowance for each of the nonrecurring special needs items. The sum of all nonrecurring special needs provided by this subdivision shall not exceed six hundred dollars ($600) per event.
(2)(A)Homeless assistance is available to a homeless family seeking shelter when the family is eligible for aid under this chapter. Homeless assistance for temporary shelter is also available to homeless families that are apparently eligible for aid under this chapter. Apparent eligibility exists when evidence presented by the applicant, or that is otherwise available to the county welfare department, and the information provided on the application documents indicate that there would be eligibility for aid under this chapter if the evidence and information were verified. However, an alien applicant who does not provide verification of his or her eligible alien status, or a woman with no eligible children who does not provide medical verification of pregnancy, is not apparently eligible for purposes of this section.
(B)A family is considered homeless, for the purpose of this section, when the family lacks a fixed and regular nighttime residence; or the family has a primary nighttime residence that is a supervised publicly or privately operated shelter designed to provide temporary living accommodations; or the family is residing in a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings. A family is also considered homeless for the purpose of this section if the family has received a notice to pay rent or quit. The family shall demonstrate that the eviction is the result of a verified financial hardship as a result of extraordinary circumstances beyond their control, and not other lease or rental violations, and that the family is experiencing a financial crisis that could result in homelessness if preventative assistance is not provided.
(A)
(3)(A)(i)A nonrecurring special needs benefit of sixty-five dollars ($65) a day shall be available to families of up to four members for the costs of temporary shelter, subject to the requirements of this paragraph. The fifth and additional members of the family shall each receive fifteen dollars ($15) per day, up to a daily maximum of one hundred twenty-five dollars ($125). County welfare departments may increase the daily amount available for temporary shelter as necessary to secure the additional bedspace needed by the family.
(ii)This special needs benefit shall be granted or denied immediately upon the familys application for homeless assistance, and benefits shall be available for up to three working days. The county welfare department shall verify the familys homelessness within the first three working days and if the family meets the criteria of questionable homelessness established by the department, the county welfare department shall refer the family to its early fraud prevention and detection unit, if the county has such a unit, for assistance in the verification of homelessness within this period.
(iii)After homelessness has been verified, the three-day limit shall be extended for a period of time which, when added to the initial benefits provided, does not exceed a total of 16 calendar days. This extension of benefits shall be done in increments of one week and shall be based upon searching for permanent housing which shall be documented on a housing search form, good cause, or other circumstances defined by the department. Documentation of a housing search shall be required for the initial extension of benefits beyond the three-day limit and on a weekly basis thereafter as long as the family is receiving temporary shelter benefits. Good cause shall include, but is not limited to, situations in which the county welfare department has determined that the family, to the extent it is capable, has made a good faith but unsuccessful effort to secure permanent housing while receiving temporary shelter benefits.
(B)(i)A nonrecurring special needs benefit for permanent housing assistance is available to pay for last months rent and security deposits when these payments are reasonable conditions of securing a residence, or to pay for up to two months of rent arrearages, when these payments are a reasonable condition of preventing eviction.
(ii)The last months rent or monthly arrearage portion of the payment (I) shall not exceed 80 percent of the familys total monthly household income without the value of CalFresh benefits or special needs benefit for a family of that size and (II) shall only be made to families that have found permanent housing costing no more than 80 percent of the familys total monthly household income without the value of CalFresh benefits or special needs benefit for a family of that size.
(iii)However, if the county welfare department determines that a family intends to reside with individuals who will be sharing housing costs, the county welfare department shall, in appropriate circumstances, set aside the condition specified in subclause (II) of clause (ii).
(C)The nonrecurring special needs benefit for permanent housing assistance is also available to cover the standard costs of deposits for utilities which are necessary for the health and safety of the family.
(D)A payment for or denial of permanent housing assistance shall be issued no later than one working day from the time that a family presents evidence of the availability of permanent housing. If an applicant family provides evidence of the availability of permanent housing before the county welfare department has established eligibility for aid under this chapter, the county welfare department shall complete the eligibility determination so that the denial of or payment for permanent housing assistance is issued within one working day from the submission of evidence of the availability of permanent housing, unless the family has failed to provide all of the verification necessary to establish eligibility for aid under this chapter.
(E)(i)Except as provided in clauses (ii) and (iii), eligibility for the temporary shelter assistance and the permanent housing assistance pursuant to this paragraph shall be limited to one period of up to 16 consecutive calendar days of temporary assistance and one payment of permanent assistance. Any family that includes a parent or nonparent caretaker relative living in the home who has previously received temporary or permanent homeless assistance at any time on behalf of an eligible child shall not be eligible for further homeless assistance. Any person who applies for homeless assistance benefits shall be informed that the temporary shelter benefit of up to 16 consecutive days is available only once in a lifetime, with certain exceptions, and that a break in the consecutive use of the benefit constitutes permanent exhaustion of the temporary benefit.
(ii)A family that becomes homeless as a direct and primary result of a state or federally declared natural disaster shall be eligible for temporary and permanent homeless assistance.
(iii)A family shall be eligible for temporary and permanent homeless assistance when homelessness is a direct result of domestic violence by a spouse, partner, or roommate; physical or mental illness that is medically verified that shall not include a diagnosis of alcoholism, drug addiction, or psychological stress; or, the uninhabitability of the former residence caused by sudden and unusual circumstances beyond the control of the family including natural catastrophe, fire, or condemnation. These circumstances shall be verified by a third-party governmental or private health and human services agency, except that domestic violence may also be verified by a sworn statement by the victim, as provided under Section 11495.25. Homeless assistance payments based on these specific circumstances may not be received more often than once in any 12-month period. In addition, if the domestic violence is verified by a sworn statement by the victim, the homeless assistance payments shall be limited to two periods of not more than 16 consecutive calendar days of temporary assistance and two payments of permanent assistance. A county may require that a recipient of homeless assistance benefits who qualifies under this paragraph for a second time in a 24-month period participate in a homelessness avoidance case plan as a condition of eligibility for homeless assistance benefits. The county welfare department shall immediately inform recipients who verify domestic violence by a sworn statement of the availability of domestic violence counseling and services, and refer those recipients to services upon request.
(iv)If a county requires a recipient who verifies domestic violence by a sworn statement to participate in a homelessness avoidance case plan pursuant to clause (iii), the plan shall include the provision of domestic violence services, if appropriate.
(v)If a recipient seeking homeless assistance based on domestic violence pursuant to clause (iii) has previously received homeless avoidance services based on domestic violence, the county shall review whether services were offered to the recipient and consider what additional services would assist the recipient in leaving the domestic violence situation.
(vi)The county welfare department shall report necessary data to the department through a statewide homeless assistance payment indicator system, as requested by the department, regarding all recipients of aid under this paragraph.
(F)The county welfare departments, and all other entities participating in the costs of the CalWORKs program, have the right in their share to any refunds resulting from payment of the permanent housing. However, if an emergency requires the family to move within the 12-month period specified in subparagraph (E), the family shall be allowed to use any refunds received from its deposits to meet the costs of moving to another residence.
(G)Payments to providers for temporary shelter and permanent housing and utilities shall be made on behalf of families requesting these payments.
(H)The daily amount for the temporary shelter special needs benefit for homeless assistance may be increased if authorized by the current years Budget Act by specifying a different daily allowance and appropriating the funds therefor.
(I)No payment shall be made pursuant to this paragraph unless the provider of housing is a commercial establishment, shelter, or person in the business of renting properties who has a history of renting properties.
(g)The department shall establish rules and regulations ensuring the uniform statewide application of this section.
(h)The department shall notify all applicants and recipients of aid through the standardized application form that these benefits are available and shall provide an opportunity for recipients to apply for the funds quickly and efficiently.
(i)(A)Except for the purposes of Section 15200, the amounts payable to recipients pursuant to Section 11453.1 shall not constitute part of the payment schedule set forth in subdivision (a).
(B)The amounts payable to recipients pursuant to Section 11453.1 shall not constitute income to recipients of aid under this section.
(j)For children receiving Kin-GAP pursuant to Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) there shall be paid, exclusive of any amount considered exempt as income, an amount of aid each month, which, when added to the childs income, is equal to the rate specified in Sections 11364 and 11387.
(k)(1)A county shall implement the semiannual reporting requirements in accordance with Chapter 501 of the Statutes of 2011 no later than October 1, 2013.
(2)Upon completion of the implementation described in paragraph (1), each county shall provide a certificate to the director certifying that semiannual reporting has been implemented in the county.
(3)Upon filing the certificate described in paragraph (2), a county shall comply with the semiannual reporting provisions of this section.
(l)This section shall become operative on July 1, 2015.
SEC. 2.No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of implementing this act.
SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
|
Date
|
Status
|
|---|---|
| Feb 17, 2016 | Read first time. To print. |
| Feb 18, 2016 | From printer. May be heard in committee March 19. |
| Feb 29, 2016 | Referred to Com. on HUM. S. |
| Mar 31, 2016 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (March 29). |
| Apr 4, 2016 | Read second time and amended. |
| Apr 5, 2016 | Re-referred to Com. on APPR. |
| Apr 27, 2016 | From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended. |
| Apr 28, 2016 | Re-referred to Com. on APPR. |
| May 4, 2016 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| May 27, 2016 | In committee: Held under submission. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Mar 29, 2016 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Human Services |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Alameda County Community Food Bank | ** Support | Mar 29, 2016 |
| California Alternative Payment Program Association | * Support | Mar 29, 2016 |
| California Association Of Food Banks | * Support | Mar 29, 2016 |
| California Catholic Conference | ** Support | Mar 29, 2016 |
| California Food Policy Advocates | ** Support | Mar 29, 2016 |
| California Immigrant Policy Center | ** Support | Mar 29, 2016 |
| California Medical Association, Inc. | * Against Unless Amend | Mar 29, 2016 |
| California Partnership | ** Support | Mar 29, 2016 |
| Califronia Food Policy Advocates | * Support | Mar 29, 2016 |
| Coalition of California Welfare Rights Organizations | ** Support | Mar 29, 2016 |
| Disability Righs Legal Center | * Support | Mar 29, 2016 |
| Disability Rights Legal Center | * Support | May 4, 2016 |
| Food Bank of Contra Costa and Solano | ** Support | Mar 29, 2016 |
| Hunger Action Los Angeles | ** Support | Mar 29, 2016 |
| Mandela MarketPlace | * Support | May 4, 2016 |
| Mandella Marketplace | ** Support | Mar 29, 2016 |
| National Association of Social Workers | * Support | Mar 29, 2016 |
| National Association of Social Workers, CA Chapter | ** Support | Mar 29, 2016 |
| National Associations of Social Workers, CA Chapter | ** Support | Mar 29, 2016 |
| Physicians for Social Responsibility | * Support | Mar 29, 2016 |
| Physicians for Social Responsibility Los Angeles | * Support | Mar 29, 2016 |
| Second Harvest Food Bank Santa Cruz County | ** Support | Mar 29, 2016 |
| St. Anthony Foundation | ** Support | Mar 29, 2016 |
| Western Center On Law And Poverty Inc. | ** Support | Mar 29, 2016 |
| Women's Foundation of California Policy Institute - sponsor | ** Support | Mar 29, 2016 |
Date of Hearing: May 4, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
ABPCA Bill Id:AB 2151
Author:(Chu) – As Amended Ver:April 27, 2016
Policy Committee: | Human Services | Vote: | 5 - 1 |
Urgency: No State Mandated Local Program: Yes Reimbursable: Yes
SUMMARY: This bill requires a special, diet-related food need allowance for California Work Opportunity and Responsibility to Kids (CalWORKs) participants, and modifies the current CalWORKs allowance for recurring special needs. Specifically, this bill:
- Removes, under the existing recurring special needs allowance, the requirement that a physician recommend a recipient receive a special diet allowance as a condition of receipt.
- Includes food preparation needs in the definition of the recurring special needs allowance.
- Entitles CalWORKs participants to a special, diet-related food needs allowance of $20, or actual verified expenses whichever is greater, provided need is verified, and verification has been signed by a licensed physician, dentist, physician's assistant, nurse practitioner, or other qualified health care provider to whom the recipient has been referred.
- Requires the special, diet-related food needs allowance be provided in the form of a supplemental food benefit.
FISCAL EFFECT:
- Unknown costs, but likely at least in the hundreds of thousands of dollars annually to provide a minimum $20 monthly food benefit. This benefit is uncapped and based on actual expenses so the cost could potentially be much higher.
- Significant costs, likely in the range of $1 million to $2 million for automation costs to DSS. Because the new allowance in this bill is a supplemental food benefit, it cannot be included in the CalWORKs monthly cash grant, but must instead be accounted for separately on the recipient's electronic benefit transfer (EBT) card.
COMMENTS:
- Purpose. According to the author, “Individuals in low-income households are often more likely to experience chronic conditions such as diabetes, and face significant challenges to balancing the cost of special nutrition needs. In addition, many Medi-Cal beneficiaries struggle to gain access to their primary care physicians due to shortage of physicians and lack of transportation. This bill will address this reality by adopting a CalWORKs special foods allowance of $20 a month, issuing the allowance as a food benefit rather than as cash, and permitting verification for the allowance to be signed by qualified health professionals in addition to a physician. Doing so will improve the health of very poor children and parents who face diet-related diseases, while also leveraging downstream savings associated with reduced Medi-Cal expenses, reduced school absences and improved likelihood of achieving self-sufficiency, a core goal of the CalWORKs program.”
- Background. The CalWORKs program provides monthly income assistance and employment-related services. Federal funding for CalWORKs comes from the Temporary Assistance for Needy Families (TANF) block grant. The average 2015-16 monthly cash grant for a family of three on CalWORKs (one parent and two children) is $506.55, and the maximum monthly grant amount for a family of three, if the family has no other income and lives in a high-cost county, is $704. According to recent data from the California Department of Social Services (DSS), over 497,000 families rely on CalWORKs, including over one million children. Nearly 60% of cases include children under 6 years old.
Current law allows, for families demonstrating special needs not common to a majority of CalWORKs recipients (such as unusual costs of transportation or laundry), a monthly $10 allowance for each member of the household who is eligible for assistance. This allowance can also be granted for needs related to special diets, for circumstances other than pregnancy, upon the recommendation of a physician.
This bill would require an additional allowance of $20 or actual expenses to a recipient who has a special, diet-related food need caused by a verified medical condition.
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
Date of Hearing: March 29, 2016
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Susan Bonilla, Chair
ABPCA Bill Id:AB 2151 (
Author:Chu) – As Introduced Ver:February 17, 2016
SUBJECT: CalWORKs: special diet or food preparation needs allowance
SUMMARY: Adopts a special diet or food preparation needs allowance for California Work Opportunity and Responsibility to Kids (CalWORKs) participants, and modifies the current CalWORKs allowance for recurring special needs.
Specifically, this bill:
- Removes, under the existing recurring special needs allowance, the requirement that a physician recommend a recipient receive a special diet allowance as a condition of receipt.
- Includes food preparation needs in the definition of the recurring special needs allowance.
- Entitles CalWORKs participants to a special diet or food preparation needs allowance of $20, or actual verified expenses, provided need is verified, as specified, and verification has been signed by a licensed physician, dentist, dietician, nutritionist, or other qualified health practitioner.
- Requires the special diet or food preparation allowance be provided in the form of a supplemental food benefit.
- Stipulates that no appropriation shall be made for purposes of implementing these provisions, as specified.
EXISTING LAW:
- Establishes under federal law the Temporary Assistance for Needy Families (TANF) program to provide aid and welfare-to-work services to eligible families and, in California, provides that TANF funds for welfare-to-work services are administered through the CalWORKs program. (42 U.S.C. 601 et seq., WIC 11200 et seq.)
- Establishes income, asset and real property limits used to determine eligibility for the program, including net income below the Maximum Aid Payment (MAP), based on family size and county of residence. (WIC 11250 et seq.)
- Establishes that a needy family be entitled to receive an allowance for recurring special needs not common to a majority of recipients, as specified. (WIC 11450)
- Requires that a physician recommend a special diet for circumstances other than pregnancy. (WIC 11450)
- States the special needs allowance for each family per month shall not exceed that amount from multiplying the sum of ten dollars ($10) by the number of recipients in the family who are eligible for assistance. (WIC 11450)
- Establishes the Electronic Benefits Transfer (EBT) Act, and defines the EBT system as the program designed to provide benefits to those eligible to receive public assistance benefits such as CalWORKs and CalFresh. (WIC 10065 et seq.)
- Establishes under federal law the Supplemental Nutrition Assistance Program (SNAP) pursuant to the Food Stamp Act of 1964 and establishes, in California statute, the CalFresh program to administer the provision of federal SNAP benefits to families and individuals meeting specified criteria, as specified. (WIC 18900 et seq.)
FISCAL EFFECT: Unknown.
COMMENTS:
CalWORKs: The California Work Opportunity and Responsibility to Kids (CalWORKs) program provides monthly income assistance and employment-related services aimed at moving children out of poverty and helping families meet basic needs. Federal funding for CalWORKs comes from the Temporary Assistance for Needy Families (TANF) block grant. The average 2015-16 monthly cash grant for a family of three on CalWORKs (one parent and two children) is $506.55, and the maximum monthly grant amount for a family of three, if the family has no other income and lives in a high-cost county, is $704. According to recent data from the California Department of Social Services, over 497,000 families rely on CalWORKs, including over one million children. Nearly 60% of cases include children under 6 years old.
Maximum grant amounts in high-cost counties of $704 per month for a family of three with no other income means $23.46 per day, per family, or $7.82 per family member, per day to meet basic needs, including rent, clothing, utility bills, food, and anything else a family needs to ensure children can be cared for at home and safely remain with their families. This grant amount puts the annual household income at $8,448 per year, or 42% of poverty. Federal Poverty Guidelines for 2016 show that 100% of poverty for a family of three is $20,160 per year.
Current law allows, for families demonstrating special needs not common to a majority of CalWORKs recipients (such as unusual costs of transportation or laundry), a monthly $10 allowance for each member of the household who is eligible for assistance. This allowance can also be granted for needs related to special diets, for circumstances other than pregnancy, upon the recommendation of a physician.
Electronic Benefit Transfer (EBT): EBT is an electronic system that automates the delivery, redemption, and reconciliation of issued public assistance benefits such as CalWORKs. EBT is also the method for distributing Cal Fresh benefits (formerly known as Food Stamps and currently known federally as Supplemental Nutrition Assistance Program (SNAP)). EBT is currently used in all 50 states. In California, CalWORKs and CalFresh recipients access their benefits via what has been named the Golden State Advantage EBT card. Like a bank-issued automated teller machine (ATM) card, the cardholder slides this card through a point-of-sale (POS) device, or uses the card at an ATM.
Need for this bill: According to the author, “Individuals in low-income households are often more likely to experience chronic conditions such as diabetes, and face significant challenges to balancing the cost of special nutrition needs. In addition, many Medi-Cal beneficiaries struggle to gain access to their primary care physicians due to shortage of physicians and lack of transportation. [This bill] will address this reality by adopting a CalWORKs special foods allowance of $20 a month, issuing the allowance as a food benefit rather than as cash, and permitting verification for the allowance to be signed by qualified health professionals in addition to a physician. Doing so will improve the health of very poor children and parents who face diet-related diseases, while also leveraging downstream savings associated with reduced Medi-Cal expenses, reduced school absences and improved likelihood of achieving self-sufficiency, a core goal of the CalWORKs program.”
Staff comments: The bill as currently written may cause some confusion upon implementation, as both the current recurring special needs allowance and the proposed special diet or food preparation needs allowance include “special diets” as one permitted use. However, these two allowances have differing requirements and are offered in different forms (cash benefit versus a food supplement). This confusion could be avoided by removing reference to “special diets” in the existing recurring special needs diet, and having a supplemental benefit for these needs fall solely under the allowance proposed by this bill.
Additionally, the bill currently states that food preparation needs shall be covered by the proposed special diet or foods needs allowance; however, this allowance is a supplemental food benefit, and not a cash benefit, and therefore can only be used for the purchase of food. Making “food preparation needs” an allowable use for the currently existing recurring special needs and removing it from the proposed food supplement would fix this issue.
Recommended amendments: In order to address the concerns described above, committee staff recommends the following amendments starting on line 34 of page 4 of the bill:
30
(e) (1) In addition to the amounts payable under subdivision
31
(a) and Section 11453.1, a family shall be entitled to receive an
32
allowance for recurring special needs not common to a majority
33
of recipients. These recurring special needs shall include, but not
34
be limited to, special diets upon the recommendation of a physician
35
for circumstances other than pregnancy, or food preparation needs,
36
as described in paragraph (2), and unusual costs of transportation,
37
laundry, housekeeping services, telephone, and utilities. The Except
38
as provided in paragraph (2), the recurring special needs allowance
39
for each family per month shall not exceed that amount resulting
Pg 5 1
from multiplying the sum of ten dollars ($10) by the number of
2
recipients in the family who are eligible for assistance.
3
(2) Each recipient is entitled to a special diet-related food needs or food
4
preparation needs allowance of twenty dollars ($20) per month,
5
or actual verified expenses related to the special diet-related food needs or food
6
preparation needs, whichever is greater. The allowance shall be
7
provided in the form of a supplemental food benefit upon a county’s
8
receipt of verification that a recipient has a special dietary need
9
caused by a permanent or temporary medical condition, other than
10
pregnancy. This verification shall be signed by a licensed
11
physician, dentist, dietician, nutritionist, or other qualified health
12
practitioner.
REGISTERED SUPPORT / OPPOSITION:
Support
Alameda County Community Food Bank
CA4Health
California Alternative Payment Program Association (CAPPA)
California Association of Food Banks
California Catholic Conference
California Food Policy Advocates (CFPA)
California Immigrant Policy Center (CIPC)
California Partnership
Coalition of California Welfare Rights Organizations (CCWRO)
Disability Rights Legal Center
Food Bank of Contra Costa and Solano
Hunger Action Los Angeles
Mandella Marketplace
National Association of Social Workers, CA Chapter (NASW-CA)
National Associations of Social Workers, CA Chapter (NASW-CA)
Physicians for Social Responsibility Los Angeles
Second Harvest Food Bank Santa Cruz County
St. Anthony Foundation
Western Center on Law and Poverty
Women’s Foundation of California Policy Institute – sponsor
Opposition
None on file.
Analysis Prepared by: Kelsy C. Castillo / HUM. S. / (916) 319-2089
Discussed in Hearing
4MIN
Assembly Standing Committee on Appropriations
14MIN
Assembly Standing Committee on Human Services
Bill Author
Bill Co-Author(s):