Existing federal law provides for the federal Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county and administered by the State Department of Social Services.

This bill would require the department to submit a request to the United States Department of Agriculture for a waiver to permit a nonminor dependent residing in a supervised independent living placement, as defined, to be eligible for CalFresh without regard to income or resources. The bill would require, upon approval of the waiver, for the nonminor dependent to receive the maximum benefit amount allotted for a household size of one. The bill would require a nonminor dependent who is a custodial parent to receive the maximum benefit amount allotted for his or her household size. By increasing the duties of local officials, the bill would impose a state-mandated local program.

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 the statutory provisions noted above.

Date of Hearing: April 26, 2017

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 625

Author:(Quirk-Silva) – As Introduced Ver:February 14, 2017

Urgency: No State Mandated Local Program: Yes Reimbursable: Yes

SUMMARY:

This bill requires the Department of Social Services (DSS) to submit a request to the United States Department of Agriculture (USDA) for a waiver to allow a nonminor dependent (NMD) who lives in a supervised independent living placement (SILP) to be eligible to receive CalFresh regardless of income or resources. The bill further requires, upon approval of the waiver, that an eligible NMD or a NMD who is a custodial parent receive the maximum CalFresh benefit amount allotted for his or her household size, as specified.

FISCAL EFFECT:

1. One-time estimated administrative costs of $338,600 ($169,250 GF/Local funds) in 2018-19, for mid-period changes for existing CalFresh recipients and intake for newly eligible recipients.
2. On-going administrative costs of approximately $525,700 ($262,850 GF/Local funds), beginning in 2019-20, assuming 7.2% of cases report mid-period changes.
3. On-going annual costs in the range of $385,000 to $510,000 (GF), beginning in 2019-20, for California Food Assistance Program (CFAP) benefits assuming a caseload of approximately 200, if the federal waiver is granted without cost neutrality. If the federal waiver requires cost neutrality, then this cost would be $0 because these benefits would be offset by reducing benefits for all other recipients.
4. Minor and absorbable costs to DSS to submit a waiver request to USDA.

COMMENTS:

1. Purpose. According to the author’s office, “With the passage of AB 12 in 2010, California made a commitment to improve outcomes for our foster care population. Yet, according to a recent study, many young adults in foster youth are facing poverty and ongoing hunger issues. One in six youth reported skipping or cutting meals because they could not afford food. Some even went full days without eating because of a lack of resources. The state has a responsibility to provide foster youth with the resources, services, and supports to meet their basic needs. Access to CalFresh will ensure nonminors in care are healthy and nourished while they prepare for their transition to independence.”
2. Background. In September 2010, Governor Brown signed AB 12 (Beall) which extended foster care benefits for eligible youth aging out of the foster care system. The extension of foster care benefits to NMDs (ages 18 to 21) created two new placement options, including Supervised Independent Living Placements (SILPs). A SILP is intended for NMDs who are developmentally ready to live independently or in a less restrictive environment and receive fewer intensive services from a case manager or caregiver. Based on December 2016 data, 3,424 NMDs live in a SILP, of which 423 are custodial parents with an average of one child. 531 of the total cases are current CalFresh recipients.

Because youth in SILPs receive their foster care payment directly, currently the foster care basic rate of $883 per month, the benefit amount is considered unearned income for purposes of meeting CalFresh income eligibility requirements. The CalFresh gross monthly income limit for a household size of one is $1,287. This means that a NMD may earn or receive an additional $404 per month and still qualify for CalFresh benefits. However, some youth maintain eligibility for extended foster care benefits by working 80 hours in a month, which, at minimum wage, puts them over the income threshold for receiving food assistance benefits.

Under current law, state agencies may submit waiver requests to the USDA’s Food and Nutrition Service (FNS) which, when approved, allow agencies to deviate from standard procedures in order to allow for greater flexibility in program administration. Waivers also allow state agencies to accommodate for the unique needs of their citizens.

CalFresh benefits are entirely federally funded through the Supplemental Nutrition Assistance Program (SNAP). The USDA sets specific eligibility requirements, including a gross and net income test, work requirements, and other documentation requirements. The maximum allowable gross income is 200% of the Federal Poverty Level (FPL). CalFresh is administered locally by county human services agencies, and the federal, state, and county governments share in the cost of administration. The average benefit for a CalFresh recipient is $149.05 per month.

Non-citizens with qualifying immigration status and income eligibility, between the ages of 18 and 65, are not eligible for CalFresh until they have resided in the US for five years. Until then, these individuals are served by the state funded CFAP. The estimated caseload of non-citizen NMD in SILPs is about 200, 12% of which are custodial parents.

1. Prior Legislation.

AB 787 (Stone), Chapter 487, Statutes of 2013, AB 1712 (Beall), Chapter 846, Statutes of 2012, and AB 212 (Beall), Chapter 459, Statues of 2011, all made technical and clarifying changes to the California Fostering Connections to Success Act.

AB 12 (Beall), Chapter 559, Statutes of 2010, the “California Fostering Connections to Success Act,” conformed state law to federal requirements to revise and expand programs and funding for certain foster and adopted children.

AB 719 (Lowenthal), Chapter 371, Statutes of 2009, granted federally funded food stamps to foster youth for one year after their 18^th birthday.

Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081

Date of Hearing: March 21, 2017

ASSEMBLY COMMITTEE ON HUMAN SERVICES

Blanca Rubio, Chair

ABPCA Bill Id:AB 625 (

Author:Quirk-Silva) – As Introduced Ver:February 14, 2017

SUBJECT: CalFresh

SUMMARY: Requires the Department of Social Services (DSS) to submit a request to the United States Department of Agriculture (USDA) for a waiver in order to allow a nonminor dependent who lives in a supervised independent living placement (SILP) to be eligible to receive CalFresh regardless of income or resources, and requires, upon approval of the waiver, that an eligible nonminor dependent or a nonminor dependent who is a custodial parent receive the maximum CalFresh benefit amount allotted for his or her household size, as specified.

EXISTING LAW:

1. 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 certain criteria, as specified. (WIC 18900 et seq.)
2. States that the purpose of foster care law is to provide maximum safety and protection for children who are currently being physically, sexually, or emotionally abused, neglected, or exploited, and to ensure the safety, protection, and physical and emotional well-being of children who are at risk of harm. (WIC 300.2)
3. Provides for extended foster care funding for youth until age 21, as well as adopts other changes to conform to the federal Fostering Connections to Success Act. (WIC 241.1, 303, 366.3, 388, 391, 450, 11400, 11402, 11403)
4. Defines “nonminor dependent” as a current foster youth or a nonminor under the transition jurisdiction of the court who: is between18 and 21 years old, turned 18 years old while under an order of foster care placement, is in foster care under the responsibility of the county welfare department, county probation department, or Indian Tribe, and is participating in a transitional independent living plan, as specified. (WIC 11400 (v))
5. Permits a nonminor former foster youth under the age of 21 to petition the court for re-entry into foster care if his or her guardian or adoptive parent is no longer providing him or her with support, as specified. (WIC 388.1)
6. Defines “supervised independent living placement” as an independent supervised setting in a nonminor dependent’s transitional independent case plan, in which the youth is living independently, as specified. (WIC 11400 (w))

FISCAL EFFECT: Unknown.

COMMENTS:

CalFresh: CalFresh benefits are funded entirely by the federal government through the Supplemental Nutrition Assistance Program (SNAP), and the USDA sets specific eligibility requirements for SNAP programs across the United States, including a gross and net income test, work requirements, and other documentation requirements. The maximum allowable gross income is 200% of the Federal Poverty Level (FPL). Households with elderly or disabled members are not subject to gross income criteria but must have a net monthly income at or below 100% of the FPL. Other households must meet both gross and net monthly income tests. CalFresh is administered locally by county human services agencies, and the federal, state, and county governments share in the cost of administration of the program.

Benefits are made available on a monthly basis for food purchase through an ATM-like electronic benefits transfer (EBT) card. However, unlike other types of benefits that may be accessed through an EBT card, CalFresh benefits cannot be withdrawn in cash at point-of-sale terminals or at ATM machines. CalFresh benefits can only be used to purchase food items to be prepared and consumed at home, as well as seeds and plants that can be grown at home and produce food. The average monthly benefit for a CalFresh recipient is $149.05 per month, or $4.96 per person per day.

Under current law, state agencies may submit waiver requests to the USDA’s Food and Nutrition Service (FNS) which, when approved, allow agencies to deviate from standard procedures in order to allow for greater flexibility in program administration. Waivers also allow state agencies to accommodate for the unique needs of their citizens.

Child Welfare Services: The purpose of California’s Child Welfare Services (CWS) system is to protect children from abuse and neglect and provide for their health and safety. When children are identified as being at risk of abuse, neglect or abandonment, county juvenile courts hold legal jurisdiction and children are served by the CWS system through the appointment of a social worker. Through this system, there are multiple opportunities for the custody of the child, or his or her placement outside of the home, to be evaluated, reviewed and determined by the judicial system, in consultation with the child's social worker, to help provide the best possible services to the child. The CWS system seeks to help children who have been removed from their homes reunify with their parents or guardians, whenever appropriate, or unite them with other individuals they consider to be family. There are currently over 64,000 children and youth in California’s child welfare system.

Extended foster care: In September 2010, Governor Brown signed AB 12 (Beall), Chapter 559, Statutes of 2010, which extended foster care benefits for eligible youth aging out of the foster care system. Rather than leave youth without support on their 18^th birthday, AB 12 provides transitional youth, referred to as nonminor dependents, with access to resources and mentorship until they turn 21. AB 12 provides these youth with the opportunity to experience independent living in supervised living environments and the opportunity to obtain educational and employment training in order to better prepare them for a successful transition into adulthood and self-sufficiency.

In order to qualify for extended foster care, youth must at least one of the five defined program criteria, including:

1. Being enrolled in a high school or equivalent program;
   
2. Being enrolled in a college, community college, or vocational program;
   
3. Being employed at least 80 hours a month;
   
4. Participating in a program or activity designed to remove barriers to employment; or
   
5. Being unable to do one of the above requirements due to a medical condition.

Nonminor dependents must also sign an agreement to remain in foster care within six months of turning 18, reside in an eligible placement, and agree to work with their social worker to meet goals of the youth’s Transitional Living Plan, which is developed for a youth by a social worker or probation officer with active participation by the youth and other supporting adults.

Supervised Independent Living Placement (SILP): The extension of foster care benefits to nonminor dependents created two new placement options: Supervised Independent Living Placements (SILPs) and Transitional Housing Placement Plus Foster Care (THP+FC). Both placements were intended to offer young adults who elected to remain in foster care with a higher level of self-sufficiency and autonomy, while still complying with federal Title IV-E eligibility requirements for foster care placements. In order to maintain eligibility for Title IV-E funding, which is the major source of federal funding for the administration and provision of child welfare services to foster youth, a nonminor dependent must ensure that their SILP is approved by the county as meeting the health and safety standards appropriate for legal adults, and youth must participate in a readiness assessment prior to SILP approval.

A SILP offers the highest level of independence for nonminor dependents and was intended for nonminor dependents who are developmentally ready to live independently or in a less restrictive environment and receive fewer intensive services from a case manager or caregiver. Unlike traditional foster care placements, a nonminor dependent is responsible for finding his or her own SILP unit, which may be a variety of different settings, including his or her own apartment, a shared apartment, a dorm room, or a room in the home of a person other than a biological parent, such as an extended family member, a friend, or a former foster parent. Youth placed in SILPs may receive their foster care payment directly, which is equivalent to the foster care basic rate of close to $800 per month. Certain eligible youth are also able to receive a monthly infant supplement if they are custodial parents and education transportation assistance, but are not eligible to receive a specialized care increment, which is offered by most counties to caregivers to meet the additional daily care needs of a child who has a health and/or behavioral issue. Because youth in SILPs receive their foster care payment directly, the benefit amount is considered unearned income for purposes of meeting CalFresh income eligibility requirements such that many youth are precluded from receiving food assistance benefits. For example, nonminor dependents receive the basic foster care rate, which is currently $883 for youth between the ages of 15 and 21, however, the gross monthly income limit for a household size of one is $1,287. This means that a nonminor dependent may only earn or receive an additional $404 per month in order to qualify for CalFresh benefits. Nonminor dependents, particularly those who maintain eligibility for extended foster care benefits by working 80 hours in a month, are therefore disqualified from receiving CalFresh benefits.

Need for this bill: According to the author’s office, “With the passage of AB 12 in 2010, California made a commitment to improve outcomes for our foster care population. Yet, according to a recent study, many young adults in foster youth are facing poverty and ongoing hunger issues. One in six youth reported skipping or cutting meals because they could not afford food. Some even went full days without eating because of a lack of resources. The state has a responsibility to provide foster youth with the resources, services, and supports to meet their basic needs. Access to CalFresh will ensure nonminors in care are healthy and nourished while they prepare for their transition to independence.”

PRIOR LEGISLATION

AB 563 (Arambula), 2017, instructs DSS to create the Center for CalFresh Employment and Training Excellence to ensure every CalFresh recipient has access to employment and training programs. This bill is currently awaiting hearing in the Assembly Human Services Committee.

AB 2454 (Quirk-Silva), Chapter 769, Statutes of 2014, authorized former nonminor dependents under the age of 21, as specified, to petition the court to re-enter foster care if their guardian or adoptive parent is no longer providing them with support.

AB 787 (Stone), Chapter 487, Statutes of 2013, made technical and clarifying changes to the California Fostering Connections to Success Act.

AB 1712 (Beall), Chapter 846, Statutes of 2012, made technical and clarifying changes to the California Fostering Connections to Success Act.

AB 212 (Beall), Chapter 459, Statues of 2011, made technical and clarifying changes to the California Fostering Connections to Success Act.

AB 12 (Beall), Chapter 559, Statutes of 2010, the “California Fostering Connections to Success Act,” conformed state law to federal requirements to revise and expand programs and funding for certain foster and adopted children.

AB 719 (Lowenthal), Chapter 371, Statutes of 2009, granted federally funded food stamps to foster youth for one year after their 18^th birthday.

REGISTERED SUPPORT / OPPOSITION:

Support

California Alliance of Child and Family Services

California Catholic Conference

Children Now

Children’s Law Center of CA

Foster Care Counts

John Burton Advocates for Youth

National Center for Youth Law

Youth Law Center

Opposition

None on file.

Analysis Prepared by: Kelsy Castillo / HUM. S. / (916) 319-2089