SB 1415: CalWORKs: permanent housing assistance.
- Session Year: 2023-2024
- House: Senate
- Latest Version Date: 2024-09-27
Current Status:
Passed
(2024-09-27: Chaptered by Secretary of State. Chapter 798, Statutes of 2024.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
What does this bill do?
The bill requires county human services agencies to count regularly received housing subsidies from other government or nonprofit programs and regular private housing support (for example, money from someone outside the household) as part of a family’s monthly income when deciding eligibility for CalWORKs permanent housing assistance for homeless families. Those added sources are counted only for the permanent-housing income test and are not treated as income when calculating a family’s regular CalWORKs benefit amount.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Existing law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified low-income families and individuals. Existing law provides for homeless assistance to a homeless family seeking shelter when the family is eligible for CalWORKs aid, including a nonrecurring special needs benefit for permanent housing assistance to pay for last months rent and security deposits if these payments are conditions of securing a residence, or to pay for up to 2 months of rent arrearages, if these payments are a reasonable condition of preventing eviction. Existing law prohibits the last months rent or monthly arrearage portion of the payment from exceeding 80% of the familys total monthly household income without the value of CalFresh benefits or special needs benefit for a family of that size, and requires it be made to families that have found permanent housing costing no more than 80% of the familys total monthly household income without the value of CalFresh benefits or special needs benefit for a family of that size.
This bill, beginning January 1, 2026, or when specified automation processes are available, and for purposes of determining the familys total monthly household income for the permanent housing assistance, would require the county human services agency to include any amount that is regularly received or will be regularly received from other government and nonprofit housing and homeless subsidy programs and any regularly received private support intended or designed to help the family with housing. By imposing additional duties on counties, 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 these provisions.
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.
Existing law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified low-income families and individuals. Existing law provides for homeless assistance to a homeless family seeking shelter when the family is eligible for CalWORKs aid, including a nonrecurring special needs benefit for permanent housing assistance to pay for last months rent and security deposits if these payments are conditions of securing a residence, or to pay for up to 2 months of rent arrearages, if these payments are a reasonable condition of preventing eviction. Existing law prohibits the last months rent or monthly arrearage portion of the payment from exceeding 80% of the familys total monthly household income without the value of CalFresh benefits or special needs benefit for a family of that size, and requires it be made to families that have found permanent housing costing no more than 80% of the familys total monthly household income without the value of CalFresh benefits or special needs benefit for a family of that size.
This bill, beginning January 1, 2026, or when specified automation processes are available, and for purposes of determining the familys total monthly household income for the permanent housing assistance, would require the county human services agency to include any amount that is regularly received or will be regularly received from other government and nonprofit housing and homeless subsidy programs and any regularly received private support intended or designed to help the family with housing. By imposing additional duties on counties, 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 these provisions.
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.
Existing law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified low-income families and individuals. Existing law provides for homeless assistance to a homeless family seeking shelter when the family is eligible for CalWORKs aid, including a nonrecurring special needs benefit of $85 a day to families of up to 4 members for the costs of temporary shelter, and a nonrecurring special needs benefit for permanent housing assistance to pay for last months rent and security deposits if these payments are conditions of securing a residence, or to pay for up to 2 months of rent arrearages, if these payments are a reasonable condition of preventing eviction. Existing law prohibits the last months rent or monthly arrearage portion of the payment from exceeding 80% of the familys total monthly household income without the value of CalFresh benefits or special needs benefit for a family of that size, and requires it be made to families that have found permanent housing costing no more than 80% of the familys total monthly household income without the value of CalFresh benefits or special needs benefit for a family of that size.
This bill, beginning January 1, 2026, or when specified automation processes are available, and for purposes of determining the familys total monthly household income for the permanent housing assistance, would require the county human services agency to include any amount that is regularly received or will be regularly received from other government and nonprofit housing and homeless subsidy programs and any regularly received private support intended or designed to help the family with housing. The bill, beginning January 1, 2026, or when specified automation processes are available, upon application for temporary or permanent homeless assistance, would require the county to refer the assistance unit to any other homeless assistance services provided under the CalWORKs program and would authorize the county to give priority to the assistance unit for those services. By imposing additional duties on counties, the bill would impose a state-mandated local program.
Existing law requires the payment of $175 to $500 per semester or quarter to a CalWORKs eligible individual who is participating full time or part time in an educational activity at a publicly funded or nonprofit postsecondary educational institution, as specified, for the purpose of paying costs associated with attending that institution, and specifies that the payment amount is considered a standard payment for books and college supplies.This bill would clarify that the above-described payment is considered a standard payment for books, computers, and other college supplies.By imposing additional duties on counties, 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 these provisions.
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.
Existing law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified low-income families and individuals. Existing law provides for homeless assistance to a homeless family seeking shelter when the family is eligible for CalWORKs aid, including a nonrecurring special needs benefit of $85 a day to families of up to 4 members for the costs of temporary shelter, and a nonrecurring special needs benefit for permanent housing assistance to pay for last months rent and security deposits if these payments are conditions of securing a residence, or to pay for up to 2 months of rent arrearages, if these payments are a reasonable condition of preventing eviction. Existing law prohibits the last months rent or monthly arrearage portion of the payment from exceeding 80% of the familys total monthly household income without the value of CalFresh benefits or special needs benefit for a family of that size, and requires it be made to families that have found permanent housing costing no more than 80% of the familys total monthly household income without the value of CalFresh benefits or special needs benefit for a family of that size.
This bill, beginning January 1, 2026, or when specified automation processes are available, and for purposes of determining the familys total monthly household income for the permanent housing assistance, would require the county human services agency to include any amount that is regularly received or will be regularly received from other government and nonprofit housing and homeless subsidy programs and any regularly received private support intended or designed to help the family with housing. The bill, beginning January 1, 2026, or when specified automation processes are available, upon application for temporary or permanent homeless assistance, would require the county to refer the assistance unit to any other homeless assistance services provided under the CalWORKs program and would authorize the county to give priority to the assistance unit for those services. The bill would also require the department, beginning January 1, 2026, or when specified automation processes are available, to collect specified statewide data relating to the provision of these homeless assistance benefits, and to annually submit a report with that information to the appropriate legislative budget committees and post the report on its internet website.
Existing law requires the payment of $175 to $500 per semester or quarter to a CalWORKs eligible individual who is participating full time or part time in an educational activity at a publicly funded or nonprofit postsecondary educational institution, as specified, for the purpose of paying costs associated with attending that institution. institution, and specifies that the payment amount is considered a standard payment for books and college supplies.
This bill would additionally require those individuals to receive a one-time payment of $700 for the purpose of paying costs associated with attending that institution, as specified. clarify that the above-described payment is considered a standard payment for books, computers, and other college supplies.
By imposing additional duties on counties, 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 these provisions.
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.
Existing law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified low-income families and individuals. Existing law provides for homeless assistance to a homeless family seeking shelter when the family is eligible for CalWORKs aid, including a nonrecurring special needs benefit of $85 a day to families of up to 4 members for the costs of temporary shelter, and a nonrecurring special needs benefit for permanent housing assistance to pay for last months rent and security deposits if these payments are conditions of securing a residence, or to pay for up to 2 months of rent arrearages, if these payments are a reasonable condition of preventing eviction. Existing law prohibits the last months rent or monthly arrearage portion of the payment from exceeding 80% of the familys total monthly household income without the value of CalFresh benefits or special needs benefit for a family of that size, and requires it be made to families that have found permanent housing costing no more than 80% of the familys total monthly household income without the value of CalFresh benefits or special needs benefit for a family of that size.
This bill, beginning January 1, 2026, or when specified automation processes are available, and for purposes of determining the familys total monthly household income for the permanent housing assistance, would require the county human services agency to include any amount that is regularly received from other government and nonprofit housing and homeless subsidy programs and any regularly received private support intended or designed to help the family with housing. The bill, beginning January 1, 2026, or when specified automation processes are available, upon application for temporary or permanent homeless assistance, would require the county to refer the assistance unit to any other homeless assistance services provided under the CalWORKs program and would authorize the county to give priority to the assistance unit for those services. The bill would also require the department, beginning January 1, 2026, or when specified automation processes are available, to collect specified statewide data relating to the provision of these homeless assistance benefits, and to annually submit a report with that information to the appropriate legislative budget committees and post the report on its internet website.
Existing law requires the payment of $175 to $500 per semester or quarter to a CalWORKs eligible individual who is participating full time or part time in an educational activity at a publicly funded or nonprofit postsecondary educational institution, as specified, for the purpose of paying costs associated with attending that institution.
This bill would additionally require those individuals to receive a one-time payment of $700 for the purpose of paying costs associated with attending that institution, as specified.
By imposing additional duties on counties, 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 these provisions.
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.
(a)(1)(A) Aid shall be paid for each needy family, which shall include all eligible children of each eligible applicant or recipient child and the parents of the children, but shall not include a fetus, 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)(A)Until the date that paragraph (2) is effective, if 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 pregnant child and the 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 paragraph.
(B)Notwithstanding subparagraph (A), and until the date that paragraph (2) is effective, if the family does not include a needy child qualified for aid under this chapter, aid shall be paid to a pregnant person 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 pregnant person and child, if born, would have qualified for aid under this chapter. Verification of pregnancy is required as a condition of eligibility for aid under this paragraph.
(2)(A)Notwithstanding paragraph (1), if the family does not include a needy child qualified for aid under this chapter, aid shall be paid to a pregnant person as of the date of the application for aid, in the amount that would otherwise be paid to one person, as specified in subdivision (a), if the pregnant person or the 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 paragraph.
(B)A pregnant person may provide verification of pregnancy as required in subparagraph (A) by means of a sworn statement or, if necessary, a verbal attestation. Medical verification of pregnancy shall be submitted within 30 working days following submission of the sworn statement or verbal attestation for benefits to continue. If the applicant fails to submit medical verification of pregnancy within 30 working days, the county human services agency shall continue aid when the applicant presents evidence of good faith efforts to comply with this requirement.
(C)(i)A person who receives aid pursuant to this paragraph shall report to the county, orally or in writing, within 30 days following the end of their pregnancy.
(ii)Aid for persons under this paragraph shall discontinue at the end of the month following the month in which the person reports the end of their pregnancy to the county human services agency.
(iii)Prior to discontinuing aid for a person under this paragraph due to the end of their pregnancy, the county human services agency shall provide information about, and referral to, mental health services, including, but not limited to, services provided by the county human services agency, when appropriate.
(D)This paragraph shall take effect on July 1, 2022, or on the date that the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement this paragraph, whichever date is later.
(c)(1)The amount of forty-seven dollars ($47) per month shall be paid to a pregnant person qualified for aid under subdivision (a) or (b) to meet the special needs resulting from pregnancy if the pregnant person and child, if born, would have qualified for aid under this chapter. The county human services agency shall require a pregnant person to provide medical verification of pregnancy. The county human services agency shall refer all recipients of aid under this subdivision to a local provider of the California Special Supplemental Nutrition Program for Women, Infants, and Children, and, commencing October 1, 2023, to perinatal home visiting services administered by the county public health agency, county human services agency, or applicable county home visiting provider. If that payment to a pregnant person qualified for aid under subdivision (a) is considered income under federal law in the first five months of pregnancy, payments under this subdivision do not apply to a person 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 pregnant person and child, if born, would have qualified for aid under this chapter.
(2)A pregnant person may provide the verification of pregnancy required by paragraph (1) by means of a sworn statement or, if necessary, a verbal attestation. Medical verification of pregnancy shall be submitted within 30 working days following submission of the sworn statement or verbal attestation for the pregnancy special need benefit to continue. If the pregnant person fails to submit medical verification of pregnancy within 30 working days, the county human services agency shall continue the benefit when the applicant presents evidence of good faith efforts to comply with this requirement.
(3)Beginning May 1, 2022, or on the date that the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement this paragraph, the special needs payment described in paragraph (1) shall be one hundred dollars ($100) per month.
(4)Beginning July 1, 2022, or on the date that the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement this paragraph, the special needs payment described in this subdivision shall discontinue at the end of the month following the month in which a person reports the end of their pregnancy to the county human services agency.
(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, if added to the childs income, is equal to the rate specified in Section 11460, 11461, 11462, or 11463. In addition, the child is eligible for special needs, as specified in departmental regulations.
(e)In addition to the amounts payable under subdivision (a) and former Section 11453.1, a family is entitled to receive an allowance for recurring special needs not common to a majority of recipients. These recurring special needs include, but are not limited to, special diets upon the recommendation of a physician for circumstances other than pregnancy, 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.
(f)(1)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 is also entitled to receive an allowance for nonrecurring special needs. This paragraph does not apply to the allowance for nonrecurring special needs for homeless assistance pursuant to subparagraph (A) of paragraph (3).
(2)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 subparagraph (A) of paragraph (3). 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.
(3)(A)(i)An allowance for nonrecurring special needs for homeless assistance is available to a family that is homeless and seeking shelter when the family is eligible for aid under this chapter.
(ii)(I)Homeless assistance for temporary shelter is also available to families that are homeless and seeking shelter 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 human services agency, 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, a noncitizen applicant who does not provide verification of their eligible immigrant status, or a person with no eligible children who does not provide verification of their pregnancy, is not apparently eligible for purposes of this section.
(II)A pregnant person may provide verification of pregnancy, as required in subclause (I), by means of a sworn statement or, if necessary, a verbal attestation. Medical verification of pregnancy shall be submitted within 30 working days following submission of the sworn statement or verbal attestation for benefits to continue. If the applicant fails to submit medical verification of pregnancy within 30 working days, the county human services agency shall continue aid when the applicant presents evidence of good faith efforts to comply with this requirement.
(iii)Homeless assistance for temporary shelter is also available to families that are homeless and seeking shelter that would be eligible for aid under this chapter but for the fact that the only child or children in the family are in out-of-home placement pursuant to an order of the dependency court, if the family is receiving reunification services and the county determines that homeless assistance is necessary for reunification to occur.
(B)A family is considered homeless, for the purpose of this section, when the family lacks a fixed and regular nighttime residence, 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.
(4)(A)(i)A nonrecurring special needs benefit of eighty-five dollars ($85) 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 forty-five dollars ($145). County human services agencies 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 the same day as the familys application for homeless assistance, and benefits shall be available for up to three working days. Upon applying for homeless assistance, the family shall provide a sworn statement that the family is homeless. If the family meets the criteria of questionable homelessness, which means that there is reason to suspect that the family has permanent housing, the county human services agency 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 that, 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 is required for the initial extension of benefits beyond the three-day limit and on a weekly basis thereafter if the family is receiving temporary shelter benefits. Good cause shall include, but is not limited to, situations in which the county human services agency 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 or that the family is homeless as a direct and primary result of a state or federally declared disaster.
(iv)Notwithstanding clauses (ii) and (iii), the county may waive the three-day limit and may provide benefits in increments of more than one week for a family that becomes homeless as a direct and primary result of a state or federally declared disaster.
(B)(i)A nonrecurring special needs benefit for permanent housing assistance is available to pay for last months rent and security deposits if these payments are conditions of securing a residence, or to pay for up to two months of rent arrearages, if these payments are a reasonable condition of preventing eviction.
(ii)The last months rent or monthly arrearage portion of the payment shall meet both of the following requirements:
(I)(ia)It 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.
(ib)Beginning January 1, 2026, or on the date that the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement this paragraph, whichever date is later, and for purposes of this subparagraph, the county human services agency shall include in the calculation of the familys total monthly household income any amount that is regularly received or will be regularly received from other government and nonprofit housing and homeless subsidy programs and any regularly received private support intended or designed to help the family with housing, such as financial support from an individual outside the household. The additional sources of income described in the previous sentence shall not be included in the calculation of the familys income for purposes of calculating the amount of aid paid pursuant to subdivision (a).
(II)(ia)It 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.
(ib)Beginning January 1, 2026, or on the date that the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement this paragraph, whichever date is later, and for purposes of this subparagraph, the county human services agency shall include in the calculation of the familys total monthly household income any amount that is regularly received or will be regularly received from other government and nonprofit housing and homeless subsidy programs and any regularly received private support intended or designed to help the family with housing, such as financial support from an individual outside the household. The additional sources of income described in the previous sentence shall not be included in the calculation of the familys income for purposes of calculating the amount of aid paid pursuant to subdivision (a).
(iii)However, if the county human services agency determines that a family intends to reside with individuals who will be sharing housing costs, the county human services agency 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 that 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 human services agency has established eligibility for aid under this chapter, the county human services agency shall complete the eligibility determination so that the payment for, or denial of, 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 is limited to the number of days allowable under subparagraph (A) for temporary shelter assistance and one payment of permanent housing assistance every 12 months. A person who applies for homeless assistance benefits shall be informed that, with certain exceptions, the temporary shelter benefit is limited to the number of days allowable under subparagraph (A) for the 12-month period.
(ii)(I)A family that becomes homeless as a direct and primary result of a state or federally declared disaster is eligible for homeless assistance.
(II)If there is a state or federally declared disaster in a county, the county human services agency shall coordinate with public and private disaster response organizations and agencies to identify and inform recipients of their eligibility for homeless assistance available pursuant to subclause (H).
(iii)A family is eligible for homeless assistance if 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 cumulative calendar days of temporary shelter assistance and two payments of permanent housing 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. However, commencing October 1, 2023, a county may require participation in that homelessness avoidance case plan as a condition of eligibility only if the county has also provided a housing navigation caseworker who can assist with securing permanent housing and housing case management services. The county human services agency 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 human services agency 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)Payments to providers for temporary shelter and permanent housing and utilities shall be made on behalf of families requesting these payments.
(G)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.
(H)A payment shall not be made pursuant to this paragraph unless the provider of housing is any of the following:
(i)A commercial establishment.
(ii)A shelter.
(iii)A person with whom, or an establishment with which, the family requesting assistance has executed a valid lease, sublease, or shared housing agreement.
(I)(i)A CalWORKs applicant who provides a sworn statement of past or present domestic abuse and who is fleeing their abuser is deemed to be homeless and is eligible for temporary shelter assistance under clause (i) of subparagraph (A) and under subparagraph (E), notwithstanding any income and assets attributable to the alleged abuser.
(ii)The homeless assistance payments issued under this subparagraph shall be granted the same day as the familys application, and benefits shall be available in increments of 16 days of temporary shelter assistance pursuant to clause (i) of subparagraph (A). The homeless assistance payments shall be limited to two periods of not more than 16 cumulative calendar days each of temporary shelter assistance within the applicants lifetime. The second 16-day period shall continue to be available when the applicant becomes a CalWORKs recipient during the first 16-day period. The homeless assistance payments issued under this subparagraph shall be in addition to other payments for which the CalWORKs applicant, if the applicant becomes a CalWORKs recipient, may later qualify under this subdivision.
(iii)For purposes of this subparagraph, the housing search documentation described in clause (iii) of subparagraph (A) shall be required only upon issuance of an immediate need payment pursuant to Section 11266 or the issuance of benefits for the month of application.
(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)The department shall work with county human services agencies, the County Welfare Directors Association of California, and advocates of CalWORKs recipients to gather information regarding the actual costs of a nightly shelter and best practices for transitioning families from a temporary shelter to permanent housing, and to provide that information to the Legislature, to be submitted annually in accordance with Section 9795 of the Government Code.
(j)(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).
(2)The amounts payable to recipients pursuant to Section 11453.1 shall not constitute income to recipients of aid under this section.
(k)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.
(l)(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.
(m)(1)Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services may implement and administer this section by means of all-county letters or similar instructions from the department until regulations are adopted. These all-county letters or similar written instructions shall have the same force and effect as regulations until the adoption of regulations.
(2)The department shall adopt emergency regulations no later than 18 months following the completion of all necessary automation to implement this section. The department may readopt any emergency regulation authorized by this section that is the same as, or substantially equivalent to, an emergency regulation previously adopted under this section.
(3)The initial adoption of emergency regulations pursuant to this section and one readoption of emergency regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be exempt from review by the Office of Administrative Law. The initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and each shall remain in effect for no more than 180 days, by which time final regulations shall be adopted.
(n)This section shall become operative on July 1, 2021, or on the date the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement this section, whichever date is later.
(o)Notwithstanding subdivision (n), the individual changes imposed by the act adding this section that result in a cost shall become operative only if necessary funds are appropriated for these changes in the annual Budget Act or another statute for these purposes.
(p)This section shall become inoperative on July 1, 2024, or on the date the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement Section 11450, as added by Section 3 of the act that added this subdivision, whichever date is later, and is repealed on January 1 of the following year.
SEC. 2.Section 11450 of the Welfare and Institutions Code, as added by Section 3 of Chapter 715 of the Statutes of 2022, is amended to read:11450.(a)(1)(A) Aid shall be paid for each needy family, which shall include all eligible children of each eligible applicant or recipient child and the parents of the children, but shall not include a fetus, 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)(A)Until the date that paragraph (2) is effective, if 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 pregnant child and the 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 paragraph.
(B)Notwithstanding subparagraph (A), and until the date that paragraph (2) is effective, if the family does not include a needy child qualified for aid under this chapter, aid shall be paid to a pregnant person 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 pregnant person and child, if born, would have qualified for aid under this chapter. Verification of pregnancy is required as a condition of eligibility for aid under this paragraph.
(2)(A)Notwithstanding paragraph (1), if the family does not include a needy child qualified for aid under this chapter, aid shall be paid to a pregnant person as of the date of the application for aid, in the amount that would otherwise be paid to one person, as specified in subdivision (a), if the pregnant person or the 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 paragraph.
(B)A pregnant person may provide verification of pregnancy as required in subparagraph (A) by means of a sworn statement or, if necessary, a verbal attestation. Medical verification of pregnancy shall be submitted within 30 working days following submission of the sworn statement or verbal attestation for benefits to continue. If the applicant fails to submit medical verification of pregnancy within 30 working days, the county human services agency shall continue aid when the applicant presents evidence of good faith efforts to comply with this requirement.
(C)(i)A person who receives aid pursuant to this paragraph shall report to the county, orally or in writing, within 30 days following the end of their pregnancy.
(ii)Aid for persons under this paragraph shall discontinue at the end of the month following the month in which the person reports the end of their pregnancy to the county human services agency.
(iii)Prior to discontinuing aid for a person under this paragraph due to the end of their pregnancy, the county human services agency shall provide information about, and referral to, mental health services, including, but not limited to, services provided by the county human services agency, when appropriate.
(D)This paragraph shall take effect on July 1, 2022, or on the date that the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement this paragraph, whichever date is later.
(c)(1)The amount of forty-seven dollars ($47) per month shall be paid to a pregnant person qualified for aid under subdivision (a) or (b) to meet the special needs resulting from pregnancy if the pregnant person and child, if born, would have qualified for aid under this chapter. The county human services agency shall require a pregnant person to provide medical verification of pregnancy. The county human services agency shall refer all recipients of aid under this subdivision to a local provider of the California Special Supplemental Nutrition Program for Women, Infants, and Children, and perinatal home visiting services administered by the county public health agency, county human services agency, or applicable county home visiting provider. If that payment to a pregnant person qualified for aid under subdivision (a) is considered income under federal law in the first five months of pregnancy, payments under this subdivision do not apply to a person 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 pregnant person and child, if born, would have qualified for aid under this chapter.
(2)A pregnant person may provide the verification of pregnancy required by paragraph (1) by means of a sworn statement or, if necessary, a verbal attestation. Medical verification of pregnancy shall be submitted within 30 working days following submission of the sworn statement or verbal attestation for the pregnancy special need benefit to continue. If the pregnant person fails to submit medical verification of pregnancy within 30 working days, the county human services agency shall continue the benefit when the applicant presents evidence of good faith efforts to comply with this requirement.
(3)Beginning May 1, 2022, or on the date that the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement this paragraph, the special needs payment described in paragraph (1) shall be one hundred dollars ($100) per month.
(4)Beginning July 1, 2022, or on the date that the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement this paragraph, the special needs payment described in this subdivision shall discontinue at the end of the month following the month in which a person reports the end of their pregnancy to the county human services agency.
(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, if added to the childs income, is equal to the rate specified in Section 11460, 11461, 11462, or 11463. In addition, the child is eligible for special needs, as specified in departmental regulations.
(e)In addition to the amounts payable under subdivision (a) and former Section 11453.1, a family is entitled to receive an allowance for recurring special needs not common to a majority of recipients. These recurring special needs include, but are not limited to, special diets upon the recommendation of a physician for circumstances other than pregnancy, 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.
(f)(1)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 is also entitled to receive an allowance for nonrecurring special needs. This paragraph does not apply to the allowance for nonrecurring special needs for homeless assistance pursuant to subparagraph (A) of paragraph (3).
(2)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 subparagraph (A) of paragraph (3). 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.
(3)(A)(i)An allowance for nonrecurring special needs for homeless assistance is available to a family that is homeless and seeking shelter when the family is eligible for aid under this chapter.
(ii)(I)Homeless assistance for temporary shelter is also available to families that are homeless and seeking shelter 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 human services agency, 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, a noncitizen applicant who does not provide verification of their eligible immigrant status, or a person with no eligible children who does not provide verification of their pregnancy, is not apparently eligible for purposes of this section.
(II)A pregnant person may provide verification of pregnancy, as required in subclause (I), by means of a sworn statement or, if necessary, a verbal attestation. Medical verification of pregnancy shall be submitted within 30 working days following submission of the sworn statement or verbal attestation for benefits to continue. If the applicant fails to submit medical verification of pregnancy within 30 working days, the county human services agency shall continue aid when the applicant presents evidence of good faith efforts to comply with this requirement.
(iii)Homeless assistance for temporary shelter is also available to families that are homeless and seeking shelter that would be eligible for aid under this chapter but for the fact that the only child or children in the family are in out-of-home placement pursuant to an order of the dependency court, if the family is receiving reunification services and the county determines that homeless assistance is necessary for reunification to occur.
(B)A family is considered homeless, for the purpose of this section, when the family lacks a fixed and regular nighttime residence, 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, or any notice that could lead to an eviction, regardless of the circumstances cited in the notice.
(4)(A)(i)A nonrecurring special needs benefit of eighty-five dollars ($85) 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 forty-five dollars ($145). County human services agencies 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 the same day as the familys application for homeless assistance, and benefits shall be available for up to three working days. Upon applying for homeless assistance, the family shall provide a sworn statement that the family is homeless. If the family meets the criteria of questionable homelessness, which means that there is reason to suspect that the family has permanent housing, the county human services agency 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 that, 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 is required for the initial extension of benefits beyond the three-day limit and on a weekly basis thereafter if the family is receiving temporary shelter benefits. Good cause shall include, but is not limited to, situations in which the county human services agency 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 or that the family is homeless as a direct and primary result of a state or federally declared disaster.
(iv)Notwithstanding clauses (ii) and (iii), the county may waive the three-day limit and may provide benefits in increments of more than one week for a family that becomes homeless as a direct and primary result of a state or federally declared disaster.
(B)(i)A nonrecurring special needs benefit for permanent housing assistance is available to pay for last months rent and security deposits if these payments are conditions of securing a residence, or to pay for up to two months of rent arrearages, if these payments are a reasonable condition of preventing eviction.
(ii)The last months rent or monthly arrearage portion of the payment shall meet both of the following requirements:
(I)(ia) It 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.
(ib)Beginning January 1, 2026, or on the date that the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement this paragraph, whichever date is later, and for purposes of this subparagraph, the county human services agency shall include in the calculation of the familys total monthly household income any amount that is regularly received or will be regularly received from other government and nonprofit housing and homeless subsidy programs and any regularly received private support intended or designed to help the family with housing, such as financial support from an individual outside the household. The additional sources of income described in the previous sentence shall not be included in the calculation of the familys income for purposes of calculating the amount of aid paid pursuant to subdivision (a).
(II)(ia) It 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.
(ib)Beginning January 1, 2026, or on the date that the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement this paragraph, whichever date is later, and for purposes of this subparagraph, the county human services agency shall include in the calculation of the familys total monthly household income any amount that is regularly received or will be regularly received from other government and nonprofit housing and homeless subsidy programs and any regularly received private support intended or designed to help the family with housing, such as financial support from an individual outside the household. The additional sources of income described in the previous sentence shall not be included in the calculation of the familys income for purposes of calculating the amount of aid paid pursuant to subdivision (a).
(iii)However, if the county human services agency determines that a family intends to reside with individuals who will be sharing housing costs, the county human services agency 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 that 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 human services agency has established eligibility for aid under this chapter, the county human services agency shall complete the eligibility determination so that the payment for, or denial of, 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 is limited to the number of days allowable under subparagraph (A) for temporary shelter assistance and one payment of permanent housing assistance every 12 months. A person who applies for homeless assistance benefits shall be informed that, with certain exceptions, the temporary shelter benefit is limited to the number of days allowable under subparagraph (A) for the 12-month period.
(ii)(I)A family that becomes homeless as a direct and primary result of a state or federally declared disaster is eligible for homeless assistance.
(II)If there is a state or federally declared disaster in a county, the county human services agency shall coordinate with public and private disaster response organizations and agencies to identify and inform recipients of their eligibility for homeless assistance available pursuant to subclause (H).
(iii)A family is eligible for homeless assistance if homelessness is a direct result of domestic violence by a spouse, partner, or roommate, including, but not limited to, a parent or child with whom they were living; 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 cumulative calendar days of temporary shelter assistance and two payments of permanent housing 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, but only if the county has also provided a housing navigation caseworker who can assist with securing permanent housing and housing case management services. The county human services agency 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 human services agency 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)Payments to providers for temporary shelter and permanent housing and utilities shall be made on behalf of families requesting these payments.
(G)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.
(H)A payment shall not be made pursuant to this paragraph unless the provider of housing is any of the following:
(i)A commercial establishment.
(ii)A shelter.
(iii)A person with whom, or an establishment with which, the family requesting assistance has executed a valid lease, sublease, or shared housing agreement.
(I)(i)A CalWORKs applicant who provides a sworn statement of past or present domestic abuse and who is fleeing their abuser is deemed to be homeless and is eligible for temporary shelter assistance under clause (i) of subparagraph (A) and under subparagraph (E), notwithstanding any income and assets attributable to the alleged abuser.
(ii)The homeless assistance payments issued under this subparagraph shall be granted the same day as the familys application, and benefits shall be available in increments of 16 days of temporary shelter assistance pursuant to clause (i) of subparagraph (A). The homeless assistance payments shall be limited to two periods of not more than 16 cumulative calendar days each of temporary shelter assistance within the applicants lifetime. The second 16-day period shall continue to be available when the applicant becomes a CalWORKs recipient during the first 16-day period. The homeless assistance payments issued under this subparagraph shall be in addition to other payments for which the CalWORKs applicant, if the applicant becomes a CalWORKs recipient, may later qualify under this subdivision.
(iii)For purposes of this subparagraph, the housing search documentation described in clause (iii) of subparagraph (A) shall be required only upon issuance of an immediate need payment pursuant to Section 11266 or the issuance of benefits for the month of application.
(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)The department shall work with county human services agencies, the County Welfare Directors Association of California, and advocates of CalWORKs recipients to gather information regarding the actual costs of a nightly shelter and best practices for transitioning families from a temporary shelter to permanent housing, and to provide that information to the Legislature, to be submitted annually in accordance with Section 9795 of the Government Code.
(j)(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).
(2)The amounts payable to recipients pursuant to Section 11453.1 shall not constitute income to recipients of aid under this section.
(k)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.
(l)(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.
(m)(1)Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services may implement and administer this section by means of all-county letters or similar instructions from the department until regulations are adopted. These all-county letters or similar written instructions shall have the same force and effect as regulations until the adoption of regulations.
(2)The department shall adopt emergency regulations no later than 18 months following the completion of all necessary automation to implement this section. The department may readopt any emergency regulation authorized by this section that is the same as, or substantially equivalent to, an emergency regulation previously adopted under this section.
(3)The initial adoption of emergency regulations pursuant to this section and one readoption of emergency regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be exempt from review by the Office of Administrative Law. The initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and each shall remain in effect for no more than 180 days, by which time final regulations shall be adopted.
(n)This section shall become operative on July 1, 2024, or on the date the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement this section, whichever date is later.
SEC. 3.No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of implementing this act.
SEC. 4.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 children of each eligible applicant or recipient child and the parents of the children, but shall not include a fetus, 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)(A)Until the date that paragraph (2) is effective, if 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 pregnant child and the 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 paragraph.
(B)Notwithstanding subparagraph (A), and until the date that paragraph (2) is effective, if the family does not include a needy child qualified for aid under this chapter, aid shall be paid to a pregnant person 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 pregnant person and child, if born, would have qualified for aid under this chapter. Verification of pregnancy is required as a condition of eligibility for aid under this paragraph.
(2)(A)Notwithstanding paragraph (1), if the family does not include a needy child qualified for aid under this chapter, aid shall be paid to a pregnant person as of the date of the application for aid, in the amount that would otherwise be paid to one person, as specified in subdivision (a), if the pregnant person or the 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 paragraph.
(B)A pregnant person may provide verification of pregnancy as required in subparagraph (A) by means of a sworn statement or, if necessary, a verbal attestation. Medical verification of pregnancy shall be submitted within 30 working days following submission of the sworn statement or verbal attestation for benefits to continue. If the applicant fails to submit medical verification of pregnancy within 30 working days, the county human services agency shall continue aid when the applicant presents evidence of good faith efforts to comply with this requirement.
(C)(i)A person who receives aid pursuant to this paragraph shall report to the county, orally or in writing, within 30 days following the end of their pregnancy.
(ii)Aid for persons under this paragraph shall discontinue at the end of the month following the month in which the person reports the end of their pregnancy to the county human services agency.
(iii)Prior to discontinuing aid for a person under this paragraph due to the end of their pregnancy, the county human services agency shall provide information about, and referral to, mental health services, including, but not limited to, services provided by the county human services agency, when appropriate.
(D)This paragraph shall take effect on July 1, 2022, or on the date that the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement this paragraph, whichever date is later.
(c)(1)The amount of forty-seven dollars ($47) per month shall be paid to a pregnant person qualified for aid under subdivision (a) or (b) to meet the special needs resulting from pregnancy if the pregnant person and child, if born, would have qualified for aid under this chapter. The county human services agency shall require a pregnant person to provide medical verification of pregnancy. The county human services agency shall refer all recipients of aid under this subdivision to a local provider of the California Special Supplemental Nutrition Program for Women, Infants, and Children, and, commencing October 1, 2023, to perinatal home visiting services administered by the county public health agency, county human services agency, or applicable county home visiting provider. If that payment to a pregnant person qualified for aid under subdivision (a) is considered income under federal law in the first five months of pregnancy, payments under this subdivision do not apply to a person 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 pregnant person and child, if born, would have qualified for aid under this chapter.
(2)A pregnant person may provide the verification of pregnancy required by paragraph (1) by means of a sworn statement or, if necessary, a verbal attestation. Medical verification of pregnancy shall be submitted within 30 working days following submission of the sworn statement or verbal attestation for the pregnancy special need benefit to continue. If the pregnant person fails to submit medical verification of pregnancy within 30 working days, the county human services agency shall continue the benefit when the applicant presents evidence of good faith efforts to comply with this requirement.
(3)Beginning May 1, 2022, or on the date that the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement this paragraph, the special needs payment described in paragraph (1) shall be one hundred dollars ($100) per month.
(4)Beginning July 1, 2022, or on the date that the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement this paragraph, the special needs payment described in this subdivision shall discontinue at the end of the month following the month in which a person reports the end of their pregnancy to the county human services agency.
(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, if added to the childs income, is equal to the rate specified in Section 11460, 11461, 11462, or 11463. In addition, the child is eligible for special needs, as specified in departmental regulations.
(e)In addition to the amounts payable under subdivision (a) and former Section 11453.1, a family is entitled to receive an allowance for recurring special needs not common to a majority of recipients. These recurring special needs include, but are not limited to, special diets upon the recommendation of a physician for circumstances other than pregnancy, 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.
(f)(1)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 is also entitled to receive an allowance for nonrecurring special needs. This paragraph does not apply to the allowance for nonrecurring special needs for homeless assistance pursuant to subparagraph (A) of paragraph (3).
(2)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 subparagraph (A) of paragraph (3). 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.
(3)(A)(i)An allowance for nonrecurring special needs for homeless assistance is available to a family that is homeless and seeking shelter when the family is eligible for aid under this chapter.
(ii)(I)Homeless assistance for temporary shelter is also available to families that are homeless and seeking shelter 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 human services agency, 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, a noncitizen applicant who does not provide verification of their eligible immigrant status, or a person with no eligible children who does not provide verification of their pregnancy, is not apparently eligible for purposes of this section.
(II)A pregnant person may provide verification of pregnancy, as required in subclause (I), by means of a sworn statement or, if necessary, a verbal attestation. Medical verification of pregnancy shall be submitted within 30 working days following submission of the sworn statement or verbal attestation for benefits to continue. If the applicant fails to submit medical verification of pregnancy within 30 working days, the county human services agency shall continue aid when the applicant presents evidence of good faith efforts to comply with this requirement.
(iii)Homeless assistance for temporary shelter is also available to families that are homeless and seeking shelter that would be eligible for aid under this chapter but for the fact that the only child or children in the family are in out-of-home placement pursuant to an order of the dependency court, if the family is receiving reunification services and the county determines that homeless assistance is necessary for reunification to occur.
(B)A family is considered homeless, for the purpose of this section, when the family lacks a fixed and regular nighttime residence, 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.
(4)(A)(i)A nonrecurring special needs benefit of eighty-five dollars ($85) 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 forty-five dollars ($145). County human services agencies 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 the same day as the familys application for homeless assistance, and benefits shall be available for up to three working days. Upon applying for homeless assistance, the family shall provide a sworn statement that the family is homeless. If the family meets the criteria of questionable homelessness, which means that there is reason to suspect that the family has permanent housing, the county human services agency 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 that, 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 is required for the initial extension of benefits beyond the three-day limit and on a weekly basis thereafter if the family is receiving temporary shelter benefits. Good cause shall include, but is not limited to, situations in which the county human services agency 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 or that the family is homeless as a direct and primary result of a state or federally declared disaster.
(iv)Notwithstanding clauses (ii) and (iii), the county may waive the three-day limit and may provide benefits in increments of more than one week for a family that becomes homeless as a direct and primary result of a state or federally declared disaster.
(B)(i)A nonrecurring special needs benefit for permanent housing assistance is available to pay for last months rent and security deposits if these payments are conditions of securing a residence, or to pay for up to two months of rent arrearages, if these payments are a reasonable condition of preventing eviction.
(ii)The last months rent or monthly arrearage portion of the payment shall meet both of the following requirements:
(I)(ia)It 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.
(ib)Beginning January 1, 2026, or on the date that the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement this paragraph, whichever date is later, and for purposes of this subparagraph, the county human services agency shall include in the calculation of the familys total monthly household income any amount that is regularly received or will be regularly received from other government and nonprofit housing and homeless subsidy programs and any regularly received private support intended or designed to help the family with housing, such as financial support from an individual outside the household. The additional sources of income described in the previous sentence shall not be included in the calculation of the familys income for purposes of calculating the amount of aid paid pursuant to subdivision (a).
(II)(ia)It 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.
(ib)Beginning January 1, 2026, or on the date that the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement this paragraph, whichever date is later, and for purposes of this subparagraph, the county human services agency shall include in the calculation of the familys total monthly household income any amount that is regularly received or will be regularly received from other government and nonprofit housing and homeless subsidy programs and any regularly received private support intended or designed to help the family with housing, such as financial support from an individual outside the household. The additional sources of income described in the previous sentence shall not be included in the calculation of the familys income for purposes of calculating the amount of aid paid pursuant to subdivision (a).
(iii)However, if the county human services agency determines that a family intends to reside with individuals who will be sharing housing costs, the county human services agency 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 that 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 human services agency has established eligibility for aid under this chapter, the county human services agency shall complete the eligibility determination so that the payment for, or denial of, 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 is limited to the number of days allowable under subparagraph (A) for temporary shelter assistance and one payment of permanent housing assistance every 12 months. A person who applies for homeless assistance benefits shall be informed that, with certain exceptions, the temporary shelter benefit is limited to the number of days allowable under subparagraph (A) for the 12-month period.
(ii)(I)A family that becomes homeless as a direct and primary result of a state or federally declared disaster is eligible for homeless assistance.
(II)If there is a state or federally declared disaster in a county, the county human services agency shall coordinate with public and private disaster response organizations and agencies to identify and inform recipients of their eligibility for homeless assistance available pursuant to subclause (H).
(iii)A family is eligible for homeless assistance if 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 cumulative calendar days of temporary shelter assistance and two payments of permanent housing 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. However, commencing October 1, 2023, a county may require participation in that homelessness avoidance case plan as a condition of eligibility only if the county has also provided a housing navigation caseworker who can assist with securing permanent housing and housing case management services. The county human services agency 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 human services agency 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)Payments to providers for temporary shelter and permanent housing and utilities shall be made on behalf of families requesting these payments.
(G)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.
(H)A payment shall not be made pursuant to this paragraph unless the provider of housing is any of the following:
(i)A commercial establishment.
(ii)A shelter.
(iii)A person with whom, or an establishment with which, the family requesting assistance has executed a valid lease, sublease, or shared housing agreement.
(I)(i)A CalWORKs applicant who provides a sworn statement of past or present domestic abuse and who is fleeing their abuser is deemed to be homeless and is eligible for temporary shelter assistance under clause (i) of subparagraph (A) and under subparagraph (E), notwithstanding any income and assets attributable to the alleged abuser.
(ii)The homeless assistance payments issued under this subparagraph shall be granted the same day as the familys application, and benefits shall be available in increments of 16 days of temporary shelter assistance pursuant to clause (i) of subparagraph (A). The homeless assistance payments shall be limited to two periods of not more than 16 cumulative calendar days each of temporary shelter assistance within the applicants lifetime. The second 16-day period shall continue to be available when the applicant becomes a CalWORKs recipient during the first 16-day period. The homeless assistance payments issued under this subparagraph shall be in addition to other payments for which the CalWORKs applicant, if the applicant becomes a CalWORKs recipient, may later qualify under this subdivision.
(iii)For purposes of this subparagraph, the housing search documentation described in clause (iii) of subparagraph (A) shall be required only upon issuance of an immediate need payment pursuant to Section 11266 or the issuance of benefits for the month of application.
(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)The department shall work with county human services agencies, the County Welfare Directors Association of California, and advocates of CalWORKs recipients to gather information regarding the actual costs of a nightly shelter and best practices for transitioning families from a temporary shelter to permanent housing, and to provide that information to the Legislature, to be submitted annually in accordance with Section 9795 of the Government Code.
(j)(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).
(2)The amounts payable to recipients pursuant to Section 11453.1 shall not constitute income to recipients of aid under this section.
(k)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.
(l)(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.
(m)(1)Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services may implement and administer this section by means of all-county letters or similar instructions from the department until regulations are adopted. These all-county letters or similar written instructions shall have the same force and effect as regulations until the adoption of regulations.
(2)The department shall adopt emergency regulations no later than 18 months following the completion of all necessary automation to implement this section. The department may readopt any emergency regulation authorized by this section that is the same as, or substantially equivalent to, an emergency regulation previously adopted under this section.
(3)The initial adoption of emergency regulations pursuant to this section and one readoption of emergency regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be exempt from review by the Office of Administrative Law. The initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and each shall remain in effect for no more than 180 days, by which time final regulations shall be adopted.
(n)This section shall become operative on July 1, 2021, or on the date the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement this section, whichever date is later.
(o)Notwithstanding subdivision (n), the individual changes imposed by the act adding this section that result in a cost shall become operative only if necessary funds are appropriated for these changes in the annual Budget Act or another statute for these purposes.
(p)This section shall become inoperative on July 1, 2024, or on the date the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement Section 11450, as added by Section 3 of the act that added this subdivision, whichever date is later, and is repealed on January 1 of the following year.
SEC. 2.Section 11450 of the Welfare and Institutions Code, as added by Section 3 of Chapter 715 of the Statutes of 2022, is amended to read:11450.(a)(1)(A) Aid shall be paid for each needy family, which shall include all eligible children of each eligible applicant or recipient child and the parents of the children, but shall not include a fetus, 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)(A)Until the date that paragraph (2) is effective, if 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 pregnant child and the 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 paragraph.
(B)Notwithstanding subparagraph (A), and until the date that paragraph (2) is effective, if the family does not include a needy child qualified for aid under this chapter, aid shall be paid to a pregnant person 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 pregnant person and child, if born, would have qualified for aid under this chapter. Verification of pregnancy is required as a condition of eligibility for aid under this paragraph.
(2)(A)Notwithstanding paragraph (1), if the family does not include a needy child qualified for aid under this chapter, aid shall be paid to a pregnant person as of the date of the application for aid, in the amount that would otherwise be paid to one person, as specified in subdivision (a), if the pregnant person or the 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 paragraph.
(B)A pregnant person may provide verification of pregnancy as required in subparagraph (A) by means of a sworn statement or, if necessary, a verbal attestation. Medical verification of pregnancy shall be submitted within 30 working days following submission of the sworn statement or verbal attestation for benefits to continue. If the applicant fails to submit medical verification of pregnancy within 30 working days, the county human services agency shall continue aid when the applicant presents evidence of good faith efforts to comply with this requirement.
(C)(i)A person who receives aid pursuant to this paragraph shall report to the county, orally or in writing, within 30 days following the end of their pregnancy.
(ii)Aid for persons under this paragraph shall discontinue at the end of the month following the month in which the person reports the end of their pregnancy to the county human services agency.
(iii)Prior to discontinuing aid for a person under this paragraph due to the end of their pregnancy, the county human services agency shall provide information about, and referral to, mental health services, including, but not limited to, services provided by the county human services agency, when appropriate.
(D)This paragraph shall take effect on July 1, 2022, or on the date that the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement this paragraph, whichever date is later.
(c)(1)The amount of forty-seven dollars ($47) per month shall be paid to a pregnant person qualified for aid under subdivision (a) or (b) to meet the special needs resulting from pregnancy if the pregnant person and child, if born, would have qualified for aid under this chapter. The county human services agency shall require a pregnant person to provide medical verification of pregnancy. The county human services agency shall refer all recipients of aid under this subdivision to a local provider of the California Special Supplemental Nutrition Program for Women, Infants, and Children, and perinatal home visiting services administered by the county public health agency, county human services agency, or applicable county home visiting provider. If that payment to a pregnant person qualified for aid under subdivision (a) is considered income under federal law in the first five months of pregnancy, payments under this subdivision do not apply to a person 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 pregnant person and child, if born, would have qualified for aid under this chapter.
(2)A pregnant person may provide the verification of pregnancy required by paragraph (1) by means of a sworn statement or, if necessary, a verbal attestation. Medical verification of pregnancy shall be submitted within 30 working days following submission of the sworn statement or verbal attestation for the pregnancy special need benefit to continue. If the pregnant person fails to submit medical verification of pregnancy within 30 working days, the county human services agency shall continue the benefit when the applicant presents evidence of good faith efforts to comply with this requirement.
(3)Beginning May 1, 2022, or on the date that the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement this paragraph, the special needs payment described in paragraph (1) shall be one hundred dollars ($100) per month.
(4)Beginning July 1, 2022, or on the date that the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement this paragraph, the special needs payment described in this subdivision shall discontinue at the end of the month following the month in which a person reports the end of their pregnancy to the county human services agency.
(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, if added to the childs income, is equal to the rate specified in Section 11460, 11461, 11462, or 11463. In addition, the child is eligible for special needs, as specified in departmental regulations.
(e)In addition to the amounts payable under subdivision (a) and former Section 11453.1, a family is entitled to receive an allowance for recurring special needs not common to a majority of recipients. These recurring special needs include, but are not limited to, special diets upon the recommendation of a physician for circumstances other than pregnancy, 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.
(f)(1)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 is also entitled to receive an allowance for nonrecurring special needs. This paragraph does not apply to the allowance for nonrecurring special needs for homeless assistance pursuant to subparagraph (A) of paragraph (3).
(2)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 subparagraph (A) of paragraph (3). 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.
(3)(A)(i)An allowance for nonrecurring special needs for homeless assistance is available to a family that is homeless and seeking shelter when the family is eligible for aid under this chapter.
(ii)(I)Homeless assistance for temporary shelter is also available to families that are homeless and seeking shelter 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 human services agency, 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, a noncitizen applicant who does not provide verification of their eligible immigrant status, or a person with no eligible children who does not provide verification of their pregnancy, is not apparently eligible for purposes of this section.
(II)A pregnant person may provide verification of pregnancy, as required in subclause (I), by means of a sworn statement or, if necessary, a verbal attestation. Medical verification of pregnancy shall be submitted within 30 working days following submission of the sworn statement or verbal attestation for benefits to continue. If the applicant fails to submit medical verification of pregnancy within 30 working days, the county human services agency shall continue aid when the applicant presents evidence of good faith efforts to comply with this requirement.
(iii)Homeless assistance for temporary shelter is also available to families that are homeless and seeking shelter that would be eligible for aid under this chapter but for the fact that the only child or children in the family are in out-of-home placement pursuant to an order of the dependency court, if the family is receiving reunification services and the county determines that homeless assistance is necessary for reunification to occur.
(B)A family is considered homeless, for the purpose of this section, when the family lacks a fixed and regular nighttime residence, 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, or any notice that could lead to an eviction, regardless of the circumstances cited in the notice.
(4)(A)(i)A nonrecurring special needs benefit of eighty-five dollars ($85) 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 forty-five dollars ($145). County human services agencies 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 the same day as the familys application for homeless assistance, and benefits shall be available for up to three working days. Upon applying for homeless assistance, the family shall provide a sworn statement that the family is homeless. If the family meets the criteria of questionable homelessness, which means that there is reason to suspect that the family has permanent housing, the county human services agency 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 that, 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 is required for the initial extension of benefits beyond the three-day limit and on a weekly basis thereafter if the family is receiving temporary shelter benefits. Good cause shall include, but is not limited to, situations in which the county human services agency 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 or that the family is homeless as a direct and primary result of a state or federally declared disaster.
(iv)Notwithstanding clauses (ii) and (iii), the county may waive the three-day limit and may provide benefits in increments of more than one week for a family that becomes homeless as a direct and primary result of a state or federally declared disaster.
(B)(i)A nonrecurring special needs benefit for permanent housing assistance is available to pay for last months rent and security deposits if these payments are conditions of securing a residence, or to pay for up to two months of rent arrearages, if these payments are a reasonable condition of preventing eviction.
(ii)The last months rent or monthly arrearage portion of the payment shall meet both of the following requirements:
(I)(ia) It 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.
(ib)Beginning January 1, 2026, or on the date that the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement this paragraph, whichever date is later, and for purposes of this subparagraph, the county human services agency shall include in the calculation of the familys total monthly household income any amount that is regularly received or will be regularly received from other government and nonprofit housing and homeless subsidy programs and any regularly received private support intended or designed to help the family with housing, such as financial support from an individual outside the household. The additional sources of income described in the previous sentence shall not be included in the calculation of the familys income for purposes of calculating the amount of aid paid pursuant to subdivision (a).
(II)(ia) It 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.
(ib)Beginning January 1, 2026, or on the date that the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement this paragraph, whichever date is later, and for purposes of this subparagraph, the county human services agency shall include in the calculation of the familys total monthly household income any amount that is regularly received or will be regularly received from other government and nonprofit housing and homeless subsidy programs and any regularly received private support intended or designed to help the family with housing, such as financial support from an individual outside the household. The additional sources of income described in the previous sentence shall not be included in the calculation of the familys income for purposes of calculating the amount of aid paid pursuant to subdivision (a).
(iii)However, if the county human services agency determines that a family intends to reside with individuals who will be sharing housing costs, the county human services agency 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 that 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 human services agency has established eligibility for aid under this chapter, the county human services agency shall complete the eligibility determination so that the payment for, or denial of, 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 is limited to the number of days allowable under subparagraph (A) for temporary shelter assistance and one payment of permanent housing assistance every 12 months. A person who applies for homeless assistance benefits shall be informed that, with certain exceptions, the temporary shelter benefit is limited to the number of days allowable under subparagraph (A) for the 12-month period.
(ii)(I)A family that becomes homeless as a direct and primary result of a state or federally declared disaster is eligible for homeless assistance.
(II)If there is a state or federally declared disaster in a county, the county human services agency shall coordinate with public and private disaster response organizations and agencies to identify and inform recipients of their eligibility for homeless assistance available pursuant to subclause (H).
(iii)A family is eligible for homeless assistance if homelessness is a direct result of domestic violence by a spouse, partner, or roommate, including, but not limited to, a parent or child with whom they were living; 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 cumulative calendar days of temporary shelter assistance and two payments of permanent housing 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, but only if the county has also provided a housing navigation caseworker who can assist with securing permanent housing and housing case management services. The county human services agency 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 human services agency 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)Payments to providers for temporary shelter and permanent housing and utilities shall be made on behalf of families requesting these payments.
(G)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.
(H)A payment shall not be made pursuant to this paragraph unless the provider of housing is any of the following:
(i)A commercial establishment.
(ii)A shelter.
(iii)A person with whom, or an establishment with which, the family requesting assistance has executed a valid lease, sublease, or shared housing agreement.
(I)(i)A CalWORKs applicant who provides a sworn statement of past or present domestic abuse and who is fleeing their abuser is deemed to be homeless and is eligible for temporary shelter assistance under clause (i) of subparagraph (A) and under subparagraph (E), notwithstanding any income and assets attributable to the alleged abuser.
(ii)The homeless assistance payments issued under this subparagraph shall be granted the same day as the familys application, and benefits shall be available in increments of 16 days of temporary shelter assistance pursuant to clause (i) of subparagraph (A). The homeless assistance payments shall be limited to two periods of not more than 16 cumulative calendar days each of temporary shelter assistance within the applicants lifetime. The second 16-day period shall continue to be available when the applicant becomes a CalWORKs recipient during the first 16-day period. The homeless assistance payments issued under this subparagraph shall be in addition to other payments for which the CalWORKs applicant, if the applicant becomes a CalWORKs recipient, may later qualify under this subdivision.
(iii)For purposes of this subparagraph, the housing search documentation described in clause (iii) of subparagraph (A) shall be required only upon issuance of an immediate need payment pursuant to Section 11266 or the issuance of benefits for the month of application.
(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)The department shall work with county human services agencies, the County Welfare Directors Association of California, and advocates of CalWORKs recipients to gather information regarding the actual costs of a nightly shelter and best practices for transitioning families from a temporary shelter to permanent housing, and to provide that information to the Legislature, to be submitted annually in accordance with Section 9795 of the Government Code.
(j)(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).
(2)The amounts payable to recipients pursuant to Section 11453.1 shall not constitute income to recipients of aid under this section.
(k)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.
(l)(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.
(m)(1)Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services may implement and administer this section by means of all-county letters or similar instructions from the department until regulations are adopted. These all-county letters or similar written instructions shall have the same force and effect as regulations until the adoption of regulations.
(2)The department shall adopt emergency regulations no later than 18 months following the completion of all necessary automation to implement this section. The department may readopt any emergency regulation authorized by this section that is the same as, or substantially equivalent to, an emergency regulation previously adopted under this section.
(3)The initial adoption of emergency regulations pursuant to this section and one readoption of emergency regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be exempt from review by the Office of Administrative Law. The initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and each shall remain in effect for no more than 180 days, by which time final regulations shall be adopted.
(n)This section shall become operative on July 1, 2024, or on the date the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement this section, whichever date is later.
SEC. 3.No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of implementing this act.
SEC. 4.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 children of each eligible applicant or recipient child and the parents of the children, but shall not include a fetus, 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)(A)Until the date that paragraph (2) is effective, if 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 pregnant child and the 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 paragraph.
(B)Notwithstanding subparagraph (A), and until the date that paragraph (2) is effective, if the family does not include a needy child qualified for aid under this chapter, aid shall be paid to a pregnant person 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 pregnant person and child, if born, would have qualified for aid under this chapter. Verification of pregnancy is required as a condition of eligibility for aid under this paragraph.
(2)(A)Notwithstanding paragraph (1), if the family does not include a needy child qualified for aid under this chapter, aid shall be paid to a pregnant person as of the date of the application for aid, in the amount that would otherwise be paid to one person, as specified in subdivision (a), if the pregnant person or the 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 paragraph.
(B)A pregnant person may provide verification of pregnancy as required in subparagraph (A) by means of a sworn statement or, if necessary, a verbal attestation. Medical verification of pregnancy shall be submitted within 30 working days following submission of the sworn statement or verbal attestation for benefits to continue. If the applicant fails to submit medical verification of pregnancy within 30 working days, the county human services agency shall continue aid when the applicant presents evidence of good faith efforts to comply with this requirement.
(C)(i)A person who receives aid pursuant to this paragraph shall report to the county, orally or in writing, within 30 days following the end of their pregnancy.
(ii)Aid for persons under this paragraph shall discontinue at the end of the month following the month in which the person reports the end of their pregnancy to the county human services agency.
(iii)Prior to discontinuing aid for a person under this paragraph due to the end of their pregnancy, the county human services agency shall provide information about, and referral to, mental health services, including, but not limited to, services provided by the county human services agency, when appropriate.
(D)This paragraph shall take effect on July 1, 2022, or on the date that the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement this paragraph, whichever date is later.
(c)(1)The amount of forty-seven dollars ($47) per month shall be paid to a pregnant person qualified for aid under subdivision (a) or (b) to meet the special needs resulting from pregnancy if the pregnant person and child, if born, would have qualified for aid under this chapter. The county human services agency shall require a pregnant person to provide medical verification of pregnancy. The county human services agency shall refer all recipients of aid under this subdivision to a local provider of the California Special Supplemental Nutrition Program for Women, Infants, and Children, and, commencing October 1, 2023, to perinatal home visiting services administered by the county public health agency, county human services agency, or applicable county home visiting provider. If that payment to a pregnant person qualified for aid under subdivision (a) is considered income under federal law in the first five months of pregnancy, payments under this subdivision do not apply to a person 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 pregnant person and child, if born, would have qualified for aid under this chapter.
(2)A pregnant person may provide the verification of pregnancy required by paragraph (1) by means of a sworn statement or, if necessary, a verbal attestation. Medical verification of pregnancy shall be submitted within 30 working days following submission of the sworn statement or verbal attestation for the pregnancy special need benefit to continue. If the pregnant person fails to submit medical verification of pregnancy within 30 working days, the county human services agency shall continue the benefit when the applicant presents evidence of good faith efforts to comply with this requirement.
(3)Beginning May 1, 2022, or on the date that the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement this paragraph, the special needs payment described in paragraph (1) shall be one hundred dollars ($100) per month.
(4)Beginning July 1, 2022, or on the date that the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement this paragraph, the special needs payment described in this subdivision shall discontinue at the end of the month following the month in which a person reports the end of their pregnancy to the county human services agency.
(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, if added to the childs income, is equal to the rate specified in Section 11460, 11461, 11462, or 11463. In addition, the child is eligible for special needs, as specified in departmental regulations.
(e)In addition to the amounts payable under subdivision (a) and former Section 11453.1, a family is entitled to receive an allowance for recurring special needs not common to a majority of recipients. These recurring special needs include, but are not limited to, special diets upon the recommendation of a physician for circumstances other than pregnancy, 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.
(f)(1)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 is also entitled to receive an allowance for nonrecurring special needs. This paragraph does not apply to the allowance for nonrecurring special needs for homeless assistance pursuant to subparagraph (A) of paragraph (3).
(2)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 subparagraph (A) of paragraph (3). 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.
(3)(A)(i)An allowance for nonrecurring special needs for homeless assistance is available to a family that is homeless and seeking shelter when the family is eligible for aid under this chapter.
(ii)(I)Homeless assistance for temporary shelter is also available to families that are homeless and seeking shelter 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 human services agency, 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, a noncitizen applicant who does not provide verification of their eligible immigrant status, or a person with no eligible children who does not provide verification of their pregnancy, is not apparently eligible for purposes of this section.
(II)A pregnant person may provide verification of pregnancy, as required in subclause (I), by means of a sworn statement or, if necessary, a verbal attestation. Medical verification of pregnancy shall be submitted within 30 working days following submission of the sworn statement or verbal attestation for benefits to continue. If the applicant fails to submit medical verification of pregnancy within 30 working days, the county human services agency shall continue aid when the applicant presents evidence of good faith efforts to comply with this requirement.
(iii)Homeless assistance for temporary shelter is also available to families that are homeless and seeking shelter that would be eligible for aid under this chapter but for the fact that the only child or children in the family are in out-of-home placement pursuant to an order of the dependency court, if the family is receiving reunification services and the county determines that homeless assistance is necessary for reunification to occur.
(B)A family is considered homeless, for the purpose of this section, when the family lacks a fixed and regular nighttime residence, 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.
(4)(A)(i)A nonrecurring special needs benefit of eighty-five dollars ($85) 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 forty-five dollars ($145). County human services agencies 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 the same day as the familys application for homeless assistance, and benefits shall be available for up to three working days. Upon applying for homeless assistance, the family shall provide a sworn statement that the family is homeless. If the family meets the criteria of questionable homelessness, which means that there is reason to suspect that the family has permanent housing, the county human services agency 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 that, 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 is required for the initial extension of benefits beyond the three-day limit and on a weekly basis thereafter if the family is receiving temporary shelter benefits. Good cause shall include, but is not limited to, situations in which the county human services agency 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 or that the family is homeless as a direct and primary result of a state or federally declared disaster.
(iv)Notwithstanding clauses (ii) and (iii), the county may waive the three-day limit and may provide benefits in increments of more than one week for a family that becomes homeless as a direct and primary result of a state or federally declared disaster.
(v)Beginning January 1, 2026, or on the date that the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement this paragraph, whichever date is later, upon application for temporary or permanent homeless assistance under this subparagraph, the county shall refer an assistance unit to any other homeless assistance services provided under this chapter, including the CalWORKs Housing Support Program, family stabilization, or diversion program, and may give priority to the assistance unit for those services. The county shall also refer the assistance unit to other applicable housing programs, including, but not limited to, the Bringing Families Home Program, the Home Safe Program, and the Housing and Disability Advocacy Program.(B)(i)A nonrecurring special needs benefit for permanent housing assistance is available to pay for last months rent and security deposits if these payments are conditions of securing a residence, or to pay for up to two months of rent arrearages, if these payments are a reasonable condition of preventing eviction.
(ii)The last months rent or monthly arrearage portion of the payment shall meet both of the following requirements:
(I)(ia)It 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.
(ib)Beginning January 1, 2026, or on the date that the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement this paragraph, whichever date is later, and for purposes of this subparagraph, the county human services agency shall include in the calculation of the familys total monthly household income any amount that is regularly received or will be regularly received from other government and nonprofit housing and homeless subsidy programs and any regularly received private support intended or designed to help the family with housing, such as financial support from an individual outside the household. The additional sources of income described in the previous sentence shall not be included in the calculation of the familys income for purposes of calculating the amount of aid paid pursuant to subdivision (a).
(II)(ia)It 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.
(ib)Beginning January 1, 2026, or on the date that the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement this paragraph, whichever date is later, and for purposes of this subparagraph, the county human services agency shall include in the calculation of the familys total monthly household income any amount that is regularly received or will be regularly received from other government and nonprofit housing and homeless subsidy programs and any regularly received private support intended or designed to help the family with housing, such as financial support from an individual outside the household. The additional sources of income described in the previous sentence shall not be included in the calculation of the familys income for purposes of calculating the amount of aid paid pursuant to subdivision (a).
(iii)However, if the county human services agency determines that a family intends to reside with individuals who will be sharing housing costs, the county human services agency 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 that 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 human services agency has established eligibility for aid under this chapter, the county human services agency shall complete the eligibility determination so that the payment for, or denial of, 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 is limited to the number of days allowable under subparagraph (A) for temporary shelter assistance and one payment of permanent housing assistance every 12 months. A person who applies for homeless assistance benefits shall be informed that, with certain exceptions, the temporary shelter benefit is limited to the number of days allowable under subparagraph (A) for the 12-month period.
(ii)(I)A family that becomes homeless as a direct and primary result of a state or federally declared disaster is eligible for homeless assistance.
(II)If there is a state or federally declared disaster in a county, the county human services agency shall coordinate with public and private disaster response organizations and agencies to identify and inform recipients of their eligibility for homeless assistance available pursuant to subclause (H).
(iii)A family is eligible for homeless assistance if 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 cumulative calendar days of temporary shelter assistance and two payments of permanent housing 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. However, commencing October 1, 2023, a county may require participation in that homelessness avoidance case plan as a condition of eligibility only if the county has also provided a housing navigation caseworker who can assist with securing permanent housing and housing case management services. The county human services agency 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 human services agency 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)Payments to providers for temporary shelter and permanent housing and utilities shall be made on behalf of families requesting these payments.
(G)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.
(H)A payment shall not be made pursuant to this paragraph unless the provider of housing is any of the following:
(i)A commercial establishment.
(ii)A shelter.
(iii)A person with whom, or an establishment with which, the family requesting assistance has executed a valid lease, sublease, or shared housing agreement.
(I)(i)A CalWORKs applicant who provides a sworn statement of past or present domestic abuse and who is fleeing their abuser is deemed to be homeless and is eligible for temporary shelter assistance under clause (i) of subparagraph (A) and under subparagraph (E), notwithstanding any income and assets attributable to the alleged abuser.
(ii)The homeless assistance payments issued under this subparagraph shall be granted the same day as the familys application, and benefits shall be available in increments of 16 days of temporary shelter assistance pursuant to clause (i) of subparagraph (A). The homeless assistance payments shall be limited to two periods of not more than 16 cumulative calendar days each of temporary shelter assistance within the applicants lifetime. The second 16-day period shall continue to be available when the applicant becomes a CalWORKs recipient during the first 16-day period. The homeless assistance payments issued under this subparagraph shall be in addition to other payments for which the CalWORKs applicant, if the applicant becomes a CalWORKs recipient, may later qualify under this subdivision.
(iii)For purposes of this subparagraph, the housing search documentation described in clause (iii) of subparagraph (A) shall be required only upon issuance of an immediate need payment pursuant to Section 11266 or the issuance of benefits for the month of application.
(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)The department shall work with county human services agencies, the County Welfare Directors Association of California, and advocates of CalWORKs recipients to gather information regarding the actual costs of a nightly shelter and best practices for transitioning families from a temporary shelter to permanent housing, and to provide that information to the Legislature, to be submitted annually in accordance with Section 9795 of the Government Code.
(j)(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).
(2)The amounts payable to recipients pursuant to Section 11453.1 shall not constitute income to recipients of aid under this section.
(k)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.
(l)(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.
(m)(1)Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services may implement and administer this section by means of all-county letters or similar instructions from the department until regulations are adopted. These all-county letters or similar written instructions shall have the same force and effect as regulations until the adoption of regulations.
(2)The department shall adopt emergency regulations no later than 18 months following the completion of all necessary automation to implement this section. The department may readopt any emergency regulation authorized by this section that is the same as, or substantially equivalent to, an emergency regulation previously adopted under this section.
(3)The initial adoption of emergency regulations pursuant to this section and one readoption of emergency regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be exempt from review by the Office of Administrative Law. The initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and each shall remain in effect for no more than 180 days, by which time final regulations shall be adopted.
(n)This section shall become operative on July 1, 2021, or on the date the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement this section, whichever date is later.
(o)Notwithstanding subdivision (n), the individual changes imposed by the act adding this section that result in a cost shall become operative only if necessary funds are appropriated for these changes in the annual Budget Act or another statute for these purposes.
(p)This section shall become inoperative on July 1, 2024, or on the date the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement Section 11450, as added by Section 3 of the act that added this subdivision, whichever date is later, and is repealed on January 1 of the following year.
SEC. 3.SEC. 2.Section 11450 of the Welfare and Institutions Code, as added by Section 3 of Chapter 715 of the Statutes of 2022, is amended to read:11450.(a)(1)(A) Aid shall be paid for each needy family, which shall include all eligible children of each eligible applicant or recipient child and the parents of the children, but shall not include a fetus, 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)(A)Until the date that paragraph (2) is effective, if 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 pregnant child and the 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 paragraph.
(B)Notwithstanding subparagraph (A), and until the date that paragraph (2) is effective, if the family does not include a needy child qualified for aid under this chapter, aid shall be paid to a pregnant person 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 pregnant person and child, if born, would have qualified for aid under this chapter. Verification of pregnancy is required as a condition of eligibility for aid under this paragraph.
(2)(A)Notwithstanding paragraph (1), if the family does not include a needy child qualified for aid under this chapter, aid shall be paid to a pregnant person as of the date of the application for aid, in the amount that would otherwise be paid to one person, as specified in subdivision (a), if the pregnant person or the 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 paragraph.
(B)A pregnant person may provide verification of pregnancy as required in subparagraph (A) by means of a sworn statement or, if necessary, a verbal attestation. Medical verification of pregnancy shall be submitted within 30 working days following submission of the sworn statement or verbal attestation for benefits to continue. If the applicant fails to submit medical verification of pregnancy within 30 working days, the county human services agency shall continue aid when the applicant presents evidence of good faith efforts to comply with this requirement.
(C)(i)A person who receives aid pursuant to this paragraph shall report to the county, orally or in writing, within 30 days following the end of their pregnancy.
(ii)Aid for persons under this paragraph shall discontinue at the end of the month following the month in which the person reports the end of their pregnancy to the county human services agency.
(iii)Prior to discontinuing aid for a person under this paragraph due to the end of their pregnancy, the county human services agency shall provide information about, and referral to, mental health services, including, but not limited to, services provided by the county human services agency, when appropriate.
(D)This paragraph shall take effect on July 1, 2022, or on the date that the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement this paragraph, whichever date is later.
(c)(1)The amount of forty-seven dollars ($47) per month shall be paid to a pregnant person qualified for aid under subdivision (a) or (b) to meet the special needs resulting from pregnancy if the pregnant person and child, if born, would have qualified for aid under this chapter. The county human services agency shall require a pregnant person to provide medical verification of pregnancy. The county human services agency shall refer all recipients of aid under this subdivision to a local provider of the California Special Supplemental Nutrition Program for Women, Infants, and Children, and perinatal home visiting services administered by the county public health agency, county human services agency, or applicable county home visiting provider. If that payment to a pregnant person qualified for aid under subdivision (a) is considered income under federal law in the first five months of pregnancy, payments under this subdivision do not apply to a person 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 pregnant person and child, if born, would have qualified for aid under this chapter.
(2)A pregnant person may provide the verification of pregnancy required by paragraph (1) by means of a sworn statement or, if necessary, a verbal attestation. Medical verification of pregnancy shall be submitted within 30 working days following submission of the sworn statement or verbal attestation for the pregnancy special need benefit to continue. If the pregnant person fails to submit medical verification of pregnancy within 30 working days, the county human services agency shall continue the benefit when the applicant presents evidence of good faith efforts to comply with this requirement.
(3)Beginning May 1, 2022, or on the date that the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement this paragraph, the special needs payment described in paragraph (1) shall be one hundred dollars ($100) per month.
(4)Beginning July 1, 2022, or on the date that the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement this paragraph, the special needs payment described in this subdivision shall discontinue at the end of the month following the month in which a person reports the end of their pregnancy to the county human services agency.
(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, if added to the childs income, is equal to the rate specified in Section 11460, 11461, 11462, or 11463. In addition, the child is eligible for special needs, as specified in departmental regulations.
(e)In addition to the amounts payable under subdivision (a) and former Section 11453.1, a family is entitled to receive an allowance for recurring special needs not common to a majority of recipients. These recurring special needs include, but are not limited to, special diets upon the recommendation of a physician for circumstances other than pregnancy, 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.
(f)(1)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 is also entitled to receive an allowance for nonrecurring special needs. This paragraph does not apply to the allowance for nonrecurring special needs for homeless assistance pursuant to subparagraph (A) of paragraph (3).
(2)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 subparagraph (A) of paragraph (3). 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.
(3)(A)(i)An allowance for nonrecurring special needs for homeless assistance is available to a family that is homeless and seeking shelter when the family is eligible for aid under this chapter.
(ii)(I)Homeless assistance for temporary shelter is also available to families that are homeless and seeking shelter 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 human services agency, 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, a noncitizen applicant who does not provide verification of their eligible immigrant status, or a person with no eligible children who does not provide verification of their pregnancy, is not apparently eligible for purposes of this section.
(II)A pregnant person may provide verification of pregnancy, as required in subclause (I), by means of a sworn statement or, if necessary, a verbal attestation. Medical verification of pregnancy shall be submitted within 30 working days following submission of the sworn statement or verbal attestation for benefits to continue. If the applicant fails to submit medical verification of pregnancy within 30 working days, the county human services agency shall continue aid when the applicant presents evidence of good faith efforts to comply with this requirement.
(iii)Homeless assistance for temporary shelter is also available to families that are homeless and seeking shelter that would be eligible for aid under this chapter but for the fact that the only child or children in the family are in out-of-home placement pursuant to an order of the dependency court, if the family is receiving reunification services and the county determines that homeless assistance is necessary for reunification to occur.
(B)A family is considered homeless, for the purpose of this section, when the family lacks a fixed and regular nighttime residence, 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, or any notice that could lead to an eviction, regardless of the circumstances cited in the notice.
(4)(A)(i)A nonrecurring special needs benefit of eighty-five dollars ($85) 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 forty-five dollars ($145). County human services agencies 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 the same day as the familys application for homeless assistance, and benefits shall be available for up to three working days. Upon applying for homeless assistance, the family shall provide a sworn statement that the family is homeless. If the family meets the criteria of questionable homelessness, which means that there is reason to suspect that the family has permanent housing, the county human services agency 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 that, 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 is required for the initial extension of benefits beyond the three-day limit and on a weekly basis thereafter if the family is receiving temporary shelter benefits. Good cause shall include, but is not limited to, situations in which the county human services agency 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 or that the family is homeless as a direct and primary result of a state or federally declared disaster.
(iv)Notwithstanding clauses (ii) and (iii), the county may waive the three-day limit and may provide benefits in increments of more than one week for a family that becomes homeless as a direct and primary result of a state or federally declared disaster.
(v)Beginning January 1, 2026, or on the date that the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement this paragraph, whichever date is later, upon application for temporary or permanent homeless assistance under this subparagraph, the county shall refer an assistance unit to any other homeless assistance services provided under this chapter, including the CalWORKs Housing Support Program, family stabilization, or diversion program, and may give priority to the assistance unit for those services. The county shall also refer the assistance unit to other applicable housing programs, including, but not limited to, the Bringing Families Home Program, the Home Safe Program, and the Housing and Disability Advocacy Program.(B)(i)A nonrecurring special needs benefit for permanent housing assistance is available to pay for last months rent and security deposits if these payments are conditions of securing a residence, or to pay for up to two months of rent arrearages, if these payments are a reasonable condition of preventing eviction.
(ii)The last months rent or monthly arrearage portion of the payment shall meet both of the following requirements:
(I)(ia) It 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.
(ib)Beginning January 1, 2026, or on the date that the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement this paragraph, whichever date is later, and for purposes of this subparagraph, the county human services agency shall include in the calculation of the familys total monthly household income any amount that is regularly received or will be regularly received from other government and nonprofit housing and homeless subsidy programs and any regularly received private support intended or designed to help the family with housing, such as financial support from an individual outside the household. The additional sources of income described in the previous sentence shall not be included in the calculation of the familys income for purposes of calculating the amount of aid paid pursuant to subdivision (a).
(II)(ia) It 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.
(ib)Beginning January 1, 2026, or on the date that the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement this paragraph, whichever date is later, and for purposes of this subparagraph, the county human services agency shall include in the calculation of the familys total monthly household income any amount that is regularly received or will be regularly received from other government and nonprofit housing and homeless subsidy programs and any regularly received private support intended or designed to help the family with housing, such as financial support from an individual outside the household. The additional sources of income described in the previous sentence shall not be included in the calculation of the familys income for purposes of calculating the amount of aid paid pursuant to subdivision (a).
(iii)However, if the county human services agency determines that a family intends to reside with individuals who will be sharing housing costs, the county human services agency 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 that 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 human services agency has established eligibility for aid under this chapter, the county human services agency shall complete the eligibility determination so that the payment for, or denial of, 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 is limited to the number of days allowable under subparagraph (A) for temporary shelter assistance and one payment of permanent housing assistance every 12 months. A person who applies for homeless assistance benefits shall be informed that, with certain exceptions, the temporary shelter benefit is limited to the number of days allowable under subparagraph (A) for the 12-month period.
(ii)(I)A family that becomes homeless as a direct and primary result of a state or federally declared disaster is eligible for homeless assistance.
(II)If there is a state or federally declared disaster in a county, the county human services agency shall coordinate with public and private disaster response organizations and agencies to identify and inform recipients of their eligibility for homeless assistance available pursuant to subclause (H).
(iii)A family is eligible for homeless assistance if homelessness is a direct result of domestic violence by a spouse, partner, or roommate, including, but not limited to, a parent or child with whom they were living; 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 cumulative calendar days of temporary shelter assistance and two payments of permanent housing 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, but only if the county has also provided a housing navigation caseworker who can assist with securing permanent housing and housing case management services. The county human services agency 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 human services agency 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)Payments to providers for temporary shelter and permanent housing and utilities shall be made on behalf of families requesting these payments.
(G)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.
(H)A payment shall not be made pursuant to this paragraph unless the provider of housing is any of the following:
(i)A commercial establishment.
(ii)A shelter.
(iii)A person with whom, or an establishment with which, the family requesting assistance has executed a valid lease, sublease, or shared housing agreement.
(I)(i)A CalWORKs applicant who provides a sworn statement of past or present domestic abuse and who is fleeing their abuser is deemed to be homeless and is eligible for temporary shelter assistance under clause (i) of subparagraph (A) and under subparagraph (E), notwithstanding any income and assets attributable to the alleged abuser.
(ii)The homeless assistance payments issued under this subparagraph shall be granted the same day as the familys application, and benefits shall be available in increments of 16 days of temporary shelter assistance pursuant to clause (i) of subparagraph (A). The homeless assistance payments shall be limited to two periods of not more than 16 cumulative calendar days each of temporary shelter assistance within the applicants lifetime. The second 16-day period shall continue to be available when the applicant becomes a CalWORKs recipient during the first 16-day period. The homeless assistance payments issued under this subparagraph shall be in addition to other payments for which the CalWORKs applicant, if the applicant becomes a CalWORKs recipient, may later qualify under this subdivision.
(iii)For purposes of this subparagraph, the housing search documentation described in clause (iii) of subparagraph (A) shall be required only upon issuance of an immediate need payment pursuant to Section 11266 or the issuance of benefits for the month of application.
(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)The department shall work with county human services agencies, the County Welfare Directors Association of California, and advocates of CalWORKs recipients to gather information regarding the actual costs of a nightly shelter and best practices for transitioning families from a temporary shelter to permanent housing, and to provide that information to the Legislature, to be submitted annually in accordance with Section 9795 of the Government Code.
(j)(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).
(2)The amounts payable to recipients pursuant to Section 11453.1 shall not constitute income to recipients of aid under this section.
(k)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.
(l)(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.
(m)(1)Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services may implement and administer this section by means of all-county letters or similar instructions from the department until regulations are adopted. These all-county letters or similar written instructions shall have the same force and effect as regulations until the adoption of regulations.
(2)The department shall adopt emergency regulations no later than 18 months following the completion of all necessary automation to implement this section. The department may readopt any emergency regulation authorized by this section that is the same as, or substantially equivalent to, an emergency regulation previously adopted under this section.
(3)The initial adoption of emergency regulations pursuant to this section and one readoption of emergency regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be exempt from review by the Office of Administrative Law. The initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and each shall remain in effect for no more than 180 days, by which time final regulations shall be adopted.
(n)This section shall become operative on July 1, 2024, or on the date the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement this section, whichever date is later.
SEC. 4.SEC. 3.No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of implementing this act.
SEC. 5.SEC. 4.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 CalWORKs eligible individual who provides the county with evidence that the individual is participating in an educational activity full time at a publicly funded or nonprofit postsecondary educational institution in accordance with Section 11322.84 shall receive a payment of five hundred dollars ($500) for each semester or three hundred fifty dollars ($350) for each quarter, and a CalWORKs eligible individual who provides the county with evidence that the individual is participating in an educational activity part time at a publicly funded or nonprofit postsecondary educational institution, in accordance with Section 11322.84, shall receive a payment of two hundred fifty dollars ($250) for each semester or one hundred seventy-five dollars ($175) for each quarter, for the purpose of paying costs associated with attending the publicly funded or nonprofit postsecondary educational institution 10 days before the beginning of the academic semester or quarter.
(2)A summer session shall be deemed to be a quarter for purposes of this section.
(b)For the purposes of this section, the amounts set forth in subdivision (a) shall be considered a standard payment for books and books, computers, and other college supplies.
(c)A recipient may request reimbursement for the actual costs for the purpose of paying costs associated with attending the publicly funded or nonprofit postsecondary educational institution pursuant to Section 11323.2 if the recipient provides verification of expenses that exceed the applicable amount set forth in subdivision (a) for books and books, computers, and other college supplies that are required for the classes in which the individual is enrolled. The county shall issue payment within 20 days of the recipients request.
(d)A county may elect to satisfy the requirements of subdivision (a) in the form of a book voucher or other means of payment to a store or stores that carry the books required for the recipient. The county may only exercise this option if the county makes all required books available to the recipient at least 10 days before the start of the semester, summer session, or quarter to ensure that the participant has the required books on the first day of class.
(e)An individual described in subdivision (a) shall receive a one-time payment of seven hundred dollars ($700) for the purpose of paying costs associated with attending the publicly funded or nonprofit postsecondary educational institution, which shall be made 10 days before the beginning of an academic semester or quarter. The payment amount shall be adjusted every three years based on the California Necessities Index. (f)(e)(1)Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services may implement, interpret, or make specific this section by means of all-county letters or similar written instructions from the department until regulations are adopted. These all-county letters or similar instructions shall have the same force and effect as regulations.
(2)The department shall adopt emergency regulations no later than January 1, 2023. The department may readopt any emergency regulation authorized by this section that is the same as, or substantially equivalent to, an emergency regulation previously adopted under this section.
(3)The initial adoption of emergency regulations pursuant to this section and one readoption of emergency regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be exempt from review by the Office of Administrative Law. The initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and each shall remain in effect for no more than 180 days, by which time final regulations shall be adopted.
SEC. 2.Section 11450 of the Welfare and Institutions Code, as amended by Section 2 of Chapter 715 of the Statutes of 2022, is amended to read:11450.(a)(1)(A) Aid shall be paid for each needy family, which shall include all eligible children of each eligible applicant or recipient child and the parents of the children, but shall not include a fetus, 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)(A)Until the date that paragraph (2) is effective, if 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 pregnant child and the 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 paragraph.
(B)Notwithstanding subparagraph (A), and until the date that paragraph (2) is effective, if the family does not include a needy child qualified for aid under this chapter, aid shall be paid to a pregnant person 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 pregnant person and child, if born, would have qualified for aid under this chapter. Verification of pregnancy is required as a condition of eligibility for aid under this paragraph.
(2)(A)Notwithstanding paragraph (1), if the family does not include a needy child qualified for aid under this chapter, aid shall be paid to a pregnant person as of the date of the application for aid, in the amount that would otherwise be paid to one person, as specified in subdivision (a), if the pregnant person or the 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 paragraph.
(B)A pregnant person may provide verification of pregnancy as required in subparagraph (A) by means of a sworn statement or, if necessary, a verbal attestation. Medical verification of pregnancy shall be submitted within 30 working days following submission of the sworn statement or verbal attestation for benefits to continue. If the applicant fails to submit medical verification of pregnancy within 30 working days, the county human services agency shall continue aid when the applicant presents evidence of good faith efforts to comply with this requirement.
(C)(i)A person who receives aid pursuant to this paragraph shall report to the county, orally or in writing, within 30 days following the end of their pregnancy.
(ii)Aid for persons under this paragraph shall discontinue at the end of the month following the month in which the person reports the end of their pregnancy to the county human services agency.
(iii)Prior to discontinuing aid for a person under this paragraph due to the end of their pregnancy, the county human services agency shall provide information about, and referral to, mental health services, including, but not limited to, services provided by the county human services agency, when appropriate.
(D)This paragraph shall take effect on July 1, 2022, or on the date that the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement this paragraph, whichever date is later.
(c)(1)The amount of forty-seven dollars ($47) per month shall be paid to a pregnant person qualified for aid under subdivision (a) or (b) to meet the special needs resulting from pregnancy if the pregnant person and child, if born, would have qualified for aid under this chapter. The county human services agency shall require a pregnant person to provide medical verification of pregnancy. The county human services agency shall refer all recipients of aid under this subdivision to a local provider of the California Special Supplemental Nutrition Program for Women, Infants, and Children, and, commencing October 1, 2023, to perinatal home visiting services administered by the county public health agency, county human services agency, or applicable county home visiting provider. If that payment to a pregnant person qualified for aid under subdivision (a) is considered income under federal law in the first five months of pregnancy, payments under this subdivision do not apply to a person 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 pregnant person and child, if born, would have qualified for aid under this chapter.
(2)A pregnant person may provide the verification of pregnancy required by paragraph (1) by means of a sworn statement or, if necessary, a verbal attestation. Medical verification of pregnancy shall be submitted within 30 working days following submission of the sworn statement or verbal attestation for the pregnancy special need benefit to continue. If the pregnant person fails to submit medical verification of pregnancy within 30 working days, the county human services agency shall continue the benefit when the applicant presents evidence of good faith efforts to comply with this requirement.
(3)Beginning May 1, 2022, or on the date that the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement this paragraph, the special needs payment described in paragraph (1) shall be one hundred dollars ($100) per month.
(4)Beginning July 1, 2022, or on the date that the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement this paragraph, the special needs payment described in this subdivision shall discontinue at the end of the month following the month in which a person reports the end of their pregnancy to the county human services agency.
(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, if added to the childs income, is equal to the rate specified in Section 11460, 11461, 11462, or 11463. In addition, the child is eligible for special needs, as specified in departmental regulations.
(e)In addition to the amounts payable under subdivision (a) and former Section 11453.1, a family is entitled to receive an allowance for recurring special needs not common to a majority of recipients. These recurring special needs include, but are not limited to, special diets upon the recommendation of a physician for circumstances other than pregnancy, 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.
(f)(1)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 is also entitled to receive an allowance for nonrecurring special needs. This paragraph does not apply to the allowance for nonrecurring special needs for homeless assistance pursuant to subparagraph (A) of paragraph (3).
(2)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 subparagraph (A) of paragraph (3). 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.
(3)(A)(i)An allowance for nonrecurring special needs for homeless assistance is available to a family that is homeless and seeking shelter when the family is eligible for aid under this chapter.
(ii)(I)Homeless assistance for temporary shelter is also available to families that are homeless and seeking shelter 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 human services agency, 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, a noncitizen applicant who does not provide verification of their eligible immigrant status, or a person with no eligible children who does not provide verification of their pregnancy, is not apparently eligible for purposes of this section.
(II)A pregnant person may provide verification of pregnancy, as required in subclause (I), by means of a sworn statement or, if necessary, a verbal attestation. Medical verification of pregnancy shall be submitted within 30 working days following submission of the sworn statement or verbal attestation for benefits to continue. If the applicant fails to submit medical verification of pregnancy within 30 working days, the county human services agency shall continue aid when the applicant presents evidence of good faith efforts to comply with this requirement.
(iii)Homeless assistance for temporary shelter is also available to families that are homeless and seeking shelter that would be eligible for aid under this chapter but for the fact that the only child or children in the family are in out-of-home placement pursuant to an order of the dependency court, if the family is receiving reunification services and the county determines that homeless assistance is necessary for reunification to occur.
(B)A family is considered homeless, for the purpose of this section, when the family lacks a fixed and regular nighttime residence, 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.
(4)(A)(i)A nonrecurring special needs benefit of eighty-five dollars ($85) 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 forty-five dollars ($145). County human services agencies 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 the same day as the familys application for homeless assistance, and benefits shall be available for up to three working days. Upon applying for homeless assistance, the family shall provide a sworn statement that the family is homeless. If the family meets the criteria of questionable homelessness, which means that there is reason to suspect that the family has permanent housing, the county human services agency 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 that, 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 is required for the initial extension of benefits beyond the three-day limit and on a weekly basis thereafter if the family is receiving temporary shelter benefits. Good cause shall include, but is not limited to, situations in which the county human services agency 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 or that the family is homeless as a direct and primary result of a state or federally declared disaster.
(iv)Notwithstanding clauses (ii) and (iii), the county may waive the three-day limit and may provide benefits in increments of more than one week for a family that becomes homeless as a direct and primary result of a state or federally declared disaster.
(v)Beginning January 1, 2026, or on the date that the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement this paragraph, whichever date is later, upon application for temporary or permanent homeless assistance under this subparagraph, the county shall refer an assistance unit to any other homeless assistance services provided under this chapter, including the CalWORKs Housing Support Program, family stabilization, or diversion program, and may give priority to the assistance unit for those services. The county shall also refer the assistance unit to other applicable housing programs, including, but not limited to, the Bringing Families Home Program, the Home Safe Program, and the Housing and Disability Advocacy Program.
(B)(i)A nonrecurring special needs benefit for permanent housing assistance is available to pay for last months rent and security deposits if these payments are conditions of securing a residence, or to pay for up to two months of rent arrearages, if these payments are a reasonable condition of preventing eviction.
(ii)The last months rent or monthly arrearage portion of the payment shall meet both of the following requirements:
(I)(ia)It 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.
(ib)Beginning January 1, 2026, or on the date that the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement this paragraph, whichever date is later, and for purposes of this subparagraph, the county human services agency shall include in the calculation of the familys total monthly household income any amount that is regularly received or will be regularly received from other government and nonprofit housing and homeless subsidy programs and any regularly received private support intended or designed to help the family with housing, such as financial support from an individual outside the household. The additional sources of income described in the previous sentence shall not be included in the calculation of the familys income for purposes of calculating the amount of aid paid pursuant to subdivision (a).
(II)(ia)It 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.
(ib)Beginning January 1, 2026, or on the date that the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement this paragraph, whichever date is later, and for purposes of this subparagraph, the county human services agency shall include in the calculation of the familys total monthly household income any amount that is regularly received or will be regularly received from other government and nonprofit housing and homeless subsidy programs and any regularly received private support intended or designed to help the family with housing, such as financial support from an individual outside the household. The additional sources of income described in the previous sentence shall not be included in the calculation of the familys income for purposes of calculating the amount of aid paid pursuant to subdivision (a).
(iii)However, if the county human services agency determines that a family intends to reside with individuals who will be sharing housing costs, the county human services agency 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 that 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 human services agency has established eligibility for aid under this chapter, the county human services agency shall complete the eligibility determination so that the payment for, or denial of, 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 is limited to the number of days allowable under subparagraph (A) for temporary shelter assistance and one payment of permanent housing assistance every 12 months. A person who applies for homeless assistance benefits shall be informed that, with certain exceptions, the temporary shelter benefit is limited to the number of days allowable under subparagraph (A) for the 12-month period.
(ii)(I)A family that becomes homeless as a direct and primary result of a state or federally declared disaster is eligible for homeless assistance.
(II)If there is a state or federally declared disaster in a county, the county human services agency shall coordinate with public and private disaster response organizations and agencies to identify and inform recipients of their eligibility for homeless assistance available pursuant to subclause (H).
(iii)A family is eligible for homeless assistance if 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 cumulative calendar days of temporary shelter assistance and two payments of permanent housing 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. However, commencing October 1, 2023, a county may require participation in that homelessness avoidance case plan as a condition of eligibility only if the county has also provided a housing navigation caseworker who can assist with securing permanent housing and housing case management services. The county human services agency 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 human services agency 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)Payments to providers for temporary shelter and permanent housing and utilities shall be made on behalf of families requesting these payments.
(G)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.
(H)A payment shall not be made pursuant to this paragraph unless the provider of housing is any of the following:
(i)A commercial establishment.
(ii)A shelter.
(iii)A person with whom, or an establishment with which, the family requesting assistance has executed a valid lease, sublease, or shared housing agreement.
(I)(i)A CalWORKs applicant who provides a sworn statement of past or present domestic abuse and who is fleeing their abuser is deemed to be homeless and is eligible for temporary shelter assistance under clause (i) of subparagraph (A) and under subparagraph (E), notwithstanding any income and assets attributable to the alleged abuser.
(ii)The homeless assistance payments issued under this subparagraph shall be granted the same day as the familys application, and benefits shall be available in increments of 16 days of temporary shelter assistance pursuant to clause (i) of subparagraph (A). The homeless assistance payments shall be limited to two periods of not more than 16 cumulative calendar days each of temporary shelter assistance within the applicants lifetime. The second 16-day period shall continue to be available when the applicant becomes a CalWORKs recipient during the first 16-day period. The homeless assistance payments issued under this subparagraph shall be in addition to other payments for which the CalWORKs applicant, if the applicant becomes a CalWORKs recipient, may later qualify under this subdivision.
(iii)For purposes of this subparagraph, the housing search documentation described in clause (iii) of subparagraph (A) shall be required only upon issuance of an immediate need payment pursuant to Section 11266 or the issuance of benefits for the month of application.
(J)(i)Beginning January 1, 2026, or on the date that the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement this paragraph, whichever date is later, the department shall collect statewide data to determine the amount of applicants for homeless assistance provided under this section, the income level of the applicants, race, ethnicity, sexual orientation, and gender identity of the applicants, whether the applicants are approved or denied for homeless assistance, and, if the applicant is denied, the reason for the denial.(ii)The department shall annually submit to appropriate legislative budget committees a report with the results of the data collection described in clause (i) and post that report on the departments internet website.(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)The department shall work with county human services agencies, the County Welfare Directors Association of California, and advocates of CalWORKs recipients to gather information regarding the actual costs of a nightly shelter and best practices for transitioning families from a temporary shelter to permanent housing, and to provide that information to the Legislature, to be submitted annually in accordance with Section 9795 of the Government Code.
(j)(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).
(2)The amounts payable to recipients pursuant to Section 11453.1 shall not constitute income to recipients of aid under this section.
(k)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.
(l)(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.
(m)(1)Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services may implement and administer this section by means of all-county letters or similar instructions from the department until regulations are adopted. These all-county letters or similar written instructions shall have the same force and effect as regulations until the adoption of regulations.
(2)The department shall adopt emergency regulations no later than 18 months following the completion of all necessary automation to implement this section. The department may readopt any emergency regulation authorized by this section that is the same as, or substantially equivalent to, an emergency regulation previously adopted under this section.
(3)The initial adoption of emergency regulations pursuant to this section and one readoption of emergency regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be exempt from review by the Office of Administrative Law. The initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and each shall remain in effect for no more than 180 days, by which time final regulations shall be adopted.
(n)This section shall become operative on July 1, 2021, or on the date the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement this section, whichever date is later.
(o)Notwithstanding subdivision (n), the individual changes imposed by the act adding this section that result in a cost shall become operative only if necessary funds are appropriated for these changes in the annual Budget Act or another statute for these purposes.
(p)This section shall become inoperative on July 1, 2024, or on the date the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement Section 11450, as added by Section 3 of the act that added this subdivision, whichever date is later, and is repealed on January 1 of the following year.
SEC. 3.Section 11450 of the Welfare and Institutions Code, as added by Section 3 of Chapter 715 of the Statutes of 2022, is amended to read:11450.(a)(1)(A) Aid shall be paid for each needy family, which shall include all eligible children of each eligible applicant or recipient child and the parents of the children, but shall not include a fetus, 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)(A)Until the date that paragraph (2) is effective, if 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 pregnant child and the 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 paragraph.
(B)Notwithstanding subparagraph (A), and until the date that paragraph (2) is effective, if the family does not include a needy child qualified for aid under this chapter, aid shall be paid to a pregnant person 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 pregnant person and child, if born, would have qualified for aid under this chapter. Verification of pregnancy is required as a condition of eligibility for aid under this paragraph.
(2)(A)Notwithstanding paragraph (1), if the family does not include a needy child qualified for aid under this chapter, aid shall be paid to a pregnant person as of the date of the application for aid, in the amount that would otherwise be paid to one person, as specified in subdivision (a), if the pregnant person or the 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 paragraph.
(B)A pregnant person may provide verification of pregnancy as required in subparagraph (A) by means of a sworn statement or, if necessary, a verbal attestation. Medical verification of pregnancy shall be submitted within 30 working days following submission of the sworn statement or verbal attestation for benefits to continue. If the applicant fails to submit medical verification of pregnancy within 30 working days, the county human services agency shall continue aid when the applicant presents evidence of good faith efforts to comply with this requirement.
(C)(i)A person who receives aid pursuant to this paragraph shall report to the county, orally or in writing, within 30 days following the end of their pregnancy.
(ii)Aid for persons under this paragraph shall discontinue at the end of the month following the month in which the person reports the end of their pregnancy to the county human services agency.
(iii)Prior to discontinuing aid for a person under this paragraph due to the end of their pregnancy, the county human services agency shall provide information about, and referral to, mental health services, including, but not limited to, services provided by the county human services agency, when appropriate.
(D)This paragraph shall take effect on July 1, 2022, or on the date that the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement this paragraph, whichever date is later.
(c)(1)The amount of forty-seven dollars ($47) per month shall be paid to a pregnant person qualified for aid under subdivision (a) or (b) to meet the special needs resulting from pregnancy if the pregnant person and child, if born, would have qualified for aid under this chapter. The county human services agency shall require a pregnant person to provide medical verification of pregnancy. The county human services agency shall refer all recipients of aid under this subdivision to a local provider of the California Special Supplemental Nutrition Program for Women, Infants, and Children, and perinatal home visiting services administered by the county public health agency, county human services agency, or applicable county home visiting provider. If that payment to a pregnant person qualified for aid under subdivision (a) is considered income under federal law in the first five months of pregnancy, payments under this subdivision do not apply to a person 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 pregnant person and child, if born, would have qualified for aid under this chapter.
(2)A pregnant person may provide the verification of pregnancy required by paragraph (1) by means of a sworn statement or, if necessary, a verbal attestation. Medical verification of pregnancy shall be submitted within 30 working days following submission of the sworn statement or verbal attestation for the pregnancy special need benefit to continue. If the pregnant person fails to submit medical verification of pregnancy within 30 working days, the county human services agency shall continue the benefit when the applicant presents evidence of good faith efforts to comply with this requirement.
(3)Beginning May 1, 2022, or on the date that the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement this paragraph, the special needs payment described in paragraph (1) shall be one hundred dollars ($100) per month.
(4)Beginning July 1, 2022, or on the date that the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement this paragraph, the special needs payment described in this subdivision shall discontinue at the end of the month following the month in which a person reports the end of their pregnancy to the county human services agency.
(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, if added to the childs income, is equal to the rate specified in Section 11460, 11461, 11462, or 11463. In addition, the child is eligible for special needs, as specified in departmental regulations.
(e)In addition to the amounts payable under subdivision (a) and former Section 11453.1, a family is entitled to receive an allowance for recurring special needs not common to a majority of recipients. These recurring special needs include, but are not limited to, special diets upon the recommendation of a physician for circumstances other than pregnancy, 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.
(f)(1)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 is also entitled to receive an allowance for nonrecurring special needs. This paragraph does not apply to the allowance for nonrecurring special needs for homeless assistance pursuant to subparagraph (A) of paragraph (3).
(2)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 subparagraph (A) of paragraph (3). 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.
(3)(A)(i)An allowance for nonrecurring special needs for homeless assistance is available to a family that is homeless and seeking shelter when the family is eligible for aid under this chapter.
(ii)(I)Homeless assistance for temporary shelter is also available to families that are homeless and seeking shelter 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 human services agency, 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, a noncitizen applicant who does not provide verification of their eligible immigrant status, or a person with no eligible children who does not provide verification of their pregnancy, is not apparently eligible for purposes of this section.
(II)A pregnant person may provide verification of pregnancy, as required in subclause (I), by means of a sworn statement or, if necessary, a verbal attestation. Medical verification of pregnancy shall be submitted within 30 working days following submission of the sworn statement or verbal attestation for benefits to continue. If the applicant fails to submit medical verification of pregnancy within 30 working days, the county human services agency shall continue aid when the applicant presents evidence of good faith efforts to comply with this requirement.
(iii)Homeless assistance for temporary shelter is also available to families that are homeless and seeking shelter that would be eligible for aid under this chapter but for the fact that the only child or children in the family are in out-of-home placement pursuant to an order of the dependency court, if the family is receiving reunification services and the county determines that homeless assistance is necessary for reunification to occur.
(B)A family is considered homeless, for the purpose of this section, when the family lacks a fixed and regular nighttime residence, 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, or any notice that could lead to an eviction, regardless of the circumstances cited in the notice.
(4)(A)(i)A nonrecurring special needs benefit of eighty-five dollars ($85) 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 forty-five dollars ($145). County human services agencies 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 the same day as the familys application for homeless assistance, and benefits shall be available for up to three working days. Upon applying for homeless assistance, the family shall provide a sworn statement that the family is homeless. If the family meets the criteria of questionable homelessness, which means that there is reason to suspect that the family has permanent housing, the county human services agency 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 that, 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 is required for the initial extension of benefits beyond the three-day limit and on a weekly basis thereafter if the family is receiving temporary shelter benefits. Good cause shall include, but is not limited to, situations in which the county human services agency 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 or that the family is homeless as a direct and primary result of a state or federally declared disaster.
(iv)Notwithstanding clauses (ii) and (iii), the county may waive the three-day limit and may provide benefits in increments of more than one week for a family that becomes homeless as a direct and primary result of a state or federally declared disaster.
(v)Beginning January 1, 2026, or on the date that the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement this paragraph, whichever date is later, upon application for temporary or permanent homeless assistance under this subparagraph, the county shall refer an assistance unit to any other homeless assistance services provided under this chapter, including the CalWORKs Housing Support Program, family stabilization, or diversion program, and may give priority to the assistance unit for those services. The county shall also refer the assistance unit to other applicable housing programs, including, but not limited to, the Bringing Families Home Program, the Home Safe Program, and the Housing and Disability Advocacy Program.
(B)(i)A nonrecurring special needs benefit for permanent housing assistance is available to pay for last months rent and security deposits if these payments are conditions of securing a residence, or to pay for up to two months of rent arrearages, if these payments are a reasonable condition of preventing eviction.
(ii)The last months rent or monthly arrearage portion of the payment shall meet both of the following requirements:
(I)(ia) It 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.
(ib)Beginning January 1, 2026, or on the date that the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement this paragraph, whichever date is later, and for purposes of this subparagraph, the county human services agency shall include in the calculation of the familys total monthly household income any amount that is regularly received or will be regularly received from other government and nonprofit housing and homeless subsidy programs and any regularly received private support intended or designed to help the family with housing, such as financial support from an individual outside the household. The additional sources of income described in the previous sentence shall not be included in the calculation of the familys income for purposes of calculating the amount of aid paid pursuant to subdivision (a).
(II)(ia) It 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.
(ib)Beginning January 1, 2026, or on the date that the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement this paragraph, whichever date is later, and for purposes of this subparagraph, the county human services agency shall include in the calculation of the familys total monthly household income any amount that is regularly received or will be regularly received from other government and nonprofit housing and homeless subsidy programs and any regularly received private support intended or designed to help the family with housing, such as financial support from an individual outside the household. The additional sources of income described in the previous sentence shall not be included in the calculation of the familys income for purposes of calculating the amount of aid paid pursuant to subdivision (a).
(iii)However, if the county human services agency determines that a family intends to reside with individuals who will be sharing housing costs, the county human services agency 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 that 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 human services agency has established eligibility for aid under this chapter, the county human services agency shall complete the eligibility determination so that the payment for, or denial of, 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 is limited to the number of days allowable under subparagraph (A) for temporary shelter assistance and one payment of permanent housing assistance every 12 months. A person who applies for homeless assistance benefits shall be informed that, with certain exceptions, the temporary shelter benefit is limited to the number of days allowable under subparagraph (A) for the 12-month period.
(ii)(I)A family that becomes homeless as a direct and primary result of a state or federally declared disaster is eligible for homeless assistance.
(II)If there is a state or federally declared disaster in a county, the county human services agency shall coordinate with public and private disaster response organizations and agencies to identify and inform recipients of their eligibility for homeless assistance available pursuant to subclause (H).
(iii)A family is eligible for homeless assistance if homelessness is a direct result of domestic violence by a spouse, partner, or roommate, including, but not limited to, a parent or child with whom they were living; 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 cumulative calendar days of temporary shelter assistance and two payments of permanent housing 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, but only if the county has also provided a housing navigation caseworker who can assist with securing permanent housing and housing case management services. The county human services agency 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 human services agency 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)Payments to providers for temporary shelter and permanent housing and utilities shall be made on behalf of families requesting these payments.
(G)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.
(H)A payment shall not be made pursuant to this paragraph unless the provider of housing is any of the following:
(i)A commercial establishment.
(ii)A shelter.
(iii)A person with whom, or an establishment with which, the family requesting assistance has executed a valid lease, sublease, or shared housing agreement.
(I)(i)A CalWORKs applicant who provides a sworn statement of past or present domestic abuse and who is fleeing their abuser is deemed to be homeless and is eligible for temporary shelter assistance under clause (i) of subparagraph (A) and under subparagraph (E), notwithstanding any income and assets attributable to the alleged abuser.
(ii)The homeless assistance payments issued under this subparagraph shall be granted the same day as the familys application, and benefits shall be available in increments of 16 days of temporary shelter assistance pursuant to clause (i) of subparagraph (A). The homeless assistance payments shall be limited to two periods of not more than 16 cumulative calendar days each of temporary shelter assistance within the applicants lifetime. The second 16-day period shall continue to be available when the applicant becomes a CalWORKs recipient during the first 16-day period. The homeless assistance payments issued under this subparagraph shall be in addition to other payments for which the CalWORKs applicant, if the applicant becomes a CalWORKs recipient, may later qualify under this subdivision.
(iii)For purposes of this subparagraph, the housing search documentation described in clause (iii) of subparagraph (A) shall be required only upon issuance of an immediate need payment pursuant to Section 11266 or the issuance of benefits for the month of application.
(J)(i)Beginning January 1, 2026, or on the date that the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement this paragraph, whichever date is later, the department shall collect statewide data to determine the amount of applicants for homeless assistance provided under this section, the income level of the applicants, race, ethnicity, sexual orientation, and gender identity of the applicants, whether the applicants are approved or denied for homeless assistance, and, if the applicant is denied, the reason for the denial.(ii)The department shall annually submit to appropriate legislative budget committees a report with the results of the data collection described in clause (i) and post that report on the departments internet website.(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)The department shall work with county human services agencies, the County Welfare Directors Association of California, and advocates of CalWORKs recipients to gather information regarding the actual costs of a nightly shelter and best practices for transitioning families from a temporary shelter to permanent housing, and to provide that information to the Legislature, to be submitted annually in accordance with Section 9795 of the Government Code.
(j)(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).
(2)The amounts payable to recipients pursuant to Section 11453.1 shall not constitute income to recipients of aid under this section.
(k)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.
(l)(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.
(m)(1)Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services may implement and administer this section by means of all-county letters or similar instructions from the department until regulations are adopted. These all-county letters or similar written instructions shall have the same force and effect as regulations until the adoption of regulations.
(2)The department shall adopt emergency regulations no later than 18 months following the completion of all necessary automation to implement this section. The department may readopt any emergency regulation authorized by this section that is the same as, or substantially equivalent to, an emergency regulation previously adopted under this section.
(3)The initial adoption of emergency regulations pursuant to this section and one readoption of emergency regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be exempt from review by the Office of Administrative Law. The initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and each shall remain in effect for no more than 180 days, by which time final regulations shall be adopted.
(n)This section shall become operative on July 1, 2024, or on the date the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement this section, whichever date is later.
SEC. 4.No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of implementing this act.
SEC. 5.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 CalWORKs eligible individual who provides the county with evidence that the individual is participating in an educational activity full time at a publicly funded or nonprofit postsecondary educational institution in accordance with Section 11322.84 shall receive a payment of five hundred dollars ($500) for each semester or three hundred fifty dollars ($350) for each quarter, and a CalWORKs eligible individual who provides the county with evidence that the individual is participating in an educational activity part time at a publicly funded or nonprofit postsecondary educational institution, in accordance with Section 11322.84, shall receive a payment of two hundred fifty dollars ($250) for each semester or one hundred seventy-five dollars ($175) for each quarter, for the purpose of paying costs associated with attending the publicly funded or nonprofit postsecondary educational institution 10 days before the beginning of the academic semester or quarter.
(2)A summer session shall be deemed to be a quarter for purposes of this section.
(b)For the purposes of this section, the amounts set forth in subdivision (a) shall be considered a standard payment for books and college supplies.
(c)A recipient may request reimbursement for the actual costs for the purpose of paying costs associated with attending the publicly funded or nonprofit postsecondary educational institution pursuant to Section 11323.2 if the recipient provides verification of expenses that exceed the applicable amount set forth in subdivision (a) for books and college supplies that are required for the classes in which the individual is enrolled. The county shall issue payment within 20 days of the recipients request.
(d)A county may elect to satisfy the requirements of subdivision (a) in the form of a book voucher or other means of payment to a store or stores that carry the books required for the recipient. The county may only exercise this option if the county makes all required books available to the recipient at least 10 days before the start of the semester, summer session, or quarter to ensure that the participant has the required books on the first day of class.
(e)An individual described in subdivision (a) shall receive a one-time payment of seven hundred dollars ($700) for the purpose of paying costs associated with attending the publicly funded or nonprofit postsecondary educational institution, which shall be made 10 days before the beginning of an academic semester or quarter. The payment amount shall be adjusted every three years based on the California Necessities Index.
(e)(f)(1)Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services may implement, interpret, or make specific this section by means of all-county letters or similar written instructions from the department until regulations are adopted. These all-county letters or similar instructions shall have the same force and effect as regulations.
(2)The department shall adopt emergency regulations no later than January 1, 2023. The department may readopt any emergency regulation authorized by this section that is the same as, or substantially equivalent to, an emergency regulation previously adopted under this section.
(3)The initial adoption of emergency regulations pursuant to this section and one readoption of emergency regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be exempt from review by the Office of Administrative Law. The initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and each shall remain in effect for no more than 180 days, by which time final regulations shall be adopted.
SEC. 2.Section 11450 of the Welfare and Institutions Code, as amended by Section 2 of Chapter 715 of the Statutes of 2022, is amended to read:11450.(a)(1)(A) Aid shall be paid for each needy family, which shall include all eligible children of each eligible applicant or recipient child and the parents of the children, but shall not include a fetus, 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)(A)Until the date that paragraph (2) is effective, if 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 pregnant child and the 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 paragraph.
(B)Notwithstanding subparagraph (A), and until the date that paragraph (2) is effective, if the family does not include a needy child qualified for aid under this chapter, aid shall be paid to a pregnant person 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 pregnant person and child, if born, would have qualified for aid under this chapter. Verification of pregnancy is required as a condition of eligibility for aid under this paragraph.
(2)(A)Notwithstanding paragraph (1), if the family does not include a needy child qualified for aid under this chapter, aid shall be paid to a pregnant person as of the date of the application for aid, in the amount that would otherwise be paid to one person, as specified in subdivision (a), if the pregnant person or the 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 paragraph.
(B)A pregnant person may provide verification of pregnancy as required in subparagraph (A) by means of a sworn statement or, if necessary, a verbal attestation. Medical verification of pregnancy shall be submitted within 30 working days following submission of the sworn statement or verbal attestation for benefits to continue. If the applicant fails to submit medical verification of pregnancy within 30 working days, the county human services agency shall continue aid when the applicant presents evidence of good faith efforts to comply with this requirement.
(C)(i)A person who receives aid pursuant to this paragraph shall report to the county, orally or in writing, within 30 days following the end of their pregnancy.
(ii)Aid for persons under this paragraph shall discontinue at the end of the month following the month in which the person reports the end of their pregnancy to the county human services agency.
(iii)Prior to discontinuing aid for a person under this paragraph due to the end of their pregnancy, the county human services agency shall provide information about, and referral to, mental health services, including, but not limited to, services provided by the county human services agency, when appropriate.
(D)This paragraph shall take effect on July 1, 2022, or on the date that the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement this paragraph, whichever date is later.
(c)(1)The amount of forty-seven dollars ($47) per month shall be paid to a pregnant person qualified for aid under subdivision (a) or (b) to meet the special needs resulting from pregnancy if the pregnant person and child, if born, would have qualified for aid under this chapter. The county human services agency shall require a pregnant person to provide medical verification of pregnancy. The county human services agency shall refer all recipients of aid under this subdivision to a local provider of the California Special Supplemental Nutrition Program for Women, Infants, and Children, and, commencing October 1, 2023, to perinatal home visiting services administered by the county public health agency, county human services agency, or applicable county home visiting provider. If that payment to a pregnant person qualified for aid under subdivision (a) is considered income under federal law in the first five months of pregnancy, payments under this subdivision do not apply to a person 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 pregnant person and child, if born, would have qualified for aid under this chapter.
(2)A pregnant person may provide the verification of pregnancy required by paragraph (1) by means of a sworn statement or, if necessary, a verbal attestation. Medical verification of pregnancy shall be submitted within 30 working days following submission of the sworn statement or verbal attestation for the pregnancy special need benefit to continue. If the pregnant person fails to submit medical verification of pregnancy within 30 working days, the county human services agency shall continue the benefit when the applicant presents evidence of good faith efforts to comply with this requirement.
(3)Beginning May 1, 2022, or on the date that the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement this paragraph, the special needs payment described in paragraph (1) shall be one hundred dollars ($100) per month.
(4)Beginning July 1, 2022, or on the date that the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement this paragraph, the special needs payment described in this subdivision shall discontinue at the end of the month following the month in which a person reports the end of their pregnancy to the county human services agency.
(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, if added to the childs income, is equal to the rate specified in Section 11460, 11461, 11462, 11462.1, or 11463. In addition, the child is eligible for special needs, as specified in departmental regulations.
(e)In addition to the amounts payable under subdivision (a) and former Section 11453.1, a family is entitled to receive an allowance for recurring special needs not common to a majority of recipients. These recurring special needs include, but are not limited to, special diets upon the recommendation of a physician for circumstances other than pregnancy, 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.
(f)(1)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 is also entitled to receive an allowance for nonrecurring special needs. This paragraph does not apply to the allowance for nonrecurring special needs for homeless assistance pursuant to subparagraph (A) of paragraph (3).
(2)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 subparagraph (A) of paragraph (3). 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.
(3)(A)(i)An allowance for nonrecurring special needs for homeless assistance is available to a family that is homeless and seeking shelter when the family is eligible for aid under this chapter.
(ii)(I)Homeless assistance for temporary shelter is also available to families that are homeless and seeking shelter 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 human services agency, 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, a noncitizen applicant who does not provide verification of their eligible immigrant status, or a person with no eligible children who does not provide verification of their pregnancy, is not apparently eligible for purposes of this section.
(II)A pregnant person may provide verification of pregnancy, as required in subclause (I), by means of a sworn statement or, if necessary, a verbal attestation. Medical verification of pregnancy shall be submitted within 30 working days following submission of the sworn statement or verbal attestation for benefits to continue. If the applicant fails to submit medical verification of pregnancy within 30 working days, the county human services agency shall continue aid when the applicant presents evidence of good faith efforts to comply with this requirement.
(iii)Homeless assistance for temporary shelter is also available to families that are homeless and seeking shelter that would be eligible for aid under this chapter but for the fact that the only child or children in the family are in out-of-home placement pursuant to an order of the dependency court, if the family is receiving reunification services and the county determines that homeless assistance is necessary for reunification to occur.
(B)A family is considered homeless, for the purpose of this section, when the family lacks a fixed and regular nighttime residence, 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.
(4)(A)(i)A nonrecurring special needs benefit of eighty-five dollars ($85) 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 forty-five dollars ($145). County human services agencies 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 the same day as the familys application for homeless assistance, and benefits shall be available for up to three working days. Upon applying for homeless assistance, the family shall provide a sworn statement that the family is homeless. If the family meets the criteria of questionable homelessness, which means that there is reason to suspect that the family has permanent housing, the county human services agency 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 that, 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 is required for the initial extension of benefits beyond the three-day limit and on a weekly basis thereafter if the family is receiving temporary shelter benefits. Good cause shall include, but is not limited to, situations in which the county human services agency 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 or that the family is homeless as a direct and primary result of a state or federally declared disaster.
(iv)Notwithstanding clauses (ii) and (iii), the county may waive the three-day limit and may provide benefits in increments of more than one week for a family that becomes homeless as a direct and primary result of a state or federally declared disaster.
(v)Beginning January 1, 2026, or on the date that the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement this paragraph, whichever date is later, upon application for temporary or permanent homeless assistance under this subparagraph, the county shall refer an assistance unit to any other homeless assistance services provided under this chapter, including the CalWORKs Housing Support Program, family stabilization, or diversion program, and may give priority to the assistance unit for those services. The county shall also refer the assistance unit to other applicable housing programs, including, but not limited to, the Bringing Families Home Program, the Home Safe Program, and the Housing and Disability Advocacy Program.
(B)(i)A nonrecurring special needs benefit for permanent housing assistance is available to pay for last months rent and security deposits if these payments are conditions of securing a residence, or to pay for up to two months of rent arrearages, if these payments are a reasonable condition of preventing eviction.
(ii)The last months rent or monthly arrearage portion of the payment shall meet both of the following requirements:
(I)(ia)It 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.
(ib)Beginning January 1, 2026, or on the date that the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement this paragraph, whichever date is later, and for purposes of this subparagraph, the county human services agency shall include in the calculation of the familys total monthly household income any amount that is regularly received from other government and nonprofit housing and homeless subsidy programs and any regularly received private support intended or designed to help the family with housing, such as financial support from an individual outside the household. The additional sources of income described in the previous sentence shall not be included in the calculation of the familys income for purposes of calculating the amount of aid paid pursuant to subdivision (a).
(II)(ia)It 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.
(ib)Beginning January 1, 2026, or on the date that the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement this paragraph, whichever date is later, and for purposes of this subparagraph, the county human services agency shall include in the calculation of the familys total monthly household income any amount that is regularly received from other government and nonprofit housing and homeless subsidy programs and any regularly received private support intended or designed to help the family with housing, such as financial support from an individual outside the household. The additional sources of income described in the previous sentence shall not be included in the calculation of the familys income for purposes of calculating the amount of aid paid pursuant to subdivision (a).
(iii)However, if the county human services agency determines that a family intends to reside with individuals who will be sharing housing costs, the county human services agency 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 that 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 human services agency has established eligibility for aid under this chapter, the county human services agency shall complete the eligibility determination so that the payment for, or denial of, 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 is limited to the number of days allowable under subparagraph (A) for temporary shelter assistance and one payment of permanent housing assistance every 12 months. A person who applies for homeless assistance benefits shall be informed that, with certain exceptions, the temporary shelter benefit is limited to the number of days allowable under subparagraph (A) for the 12-month period.
(ii)(I)A family that becomes homeless as a direct and primary result of a state or federally declared disaster is eligible for homeless assistance.
(II)If there is a state or federally declared disaster in a county, the county human services agency shall coordinate with public and private disaster response organizations and agencies to identify and inform recipients of their eligibility for homeless assistance available pursuant to subclause (H).
(iii)A family is eligible for homeless assistance if 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 cumulative calendar days of temporary shelter assistance and two payments of permanent housing 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. However, commencing October 1, 2023, a county may require participation in that homelessness avoidance case plan as a condition of eligibility only if the county has also provided a housing navigation caseworker who can assist with securing permanent housing and housing case management services. The county human services agency 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 human services agency 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)Payments to providers for temporary shelter and permanent housing and utilities shall be made on behalf of families requesting these payments.
(G)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.
(H)A payment shall not be made pursuant to this paragraph unless the provider of housing is any of the following:
(i)A commercial establishment.
(ii)A shelter.
(iii)A person with whom, or an establishment with which, the family requesting assistance has executed a valid lease, sublease, or shared housing agreement.
(I)(i)A CalWORKs applicant who provides a sworn statement of past or present domestic abuse and who is fleeing their abuser is deemed to be homeless and is eligible for temporary shelter assistance under clause (i) of subparagraph (A) and under subparagraph (E), notwithstanding any income and assets attributable to the alleged abuser.
(ii)The homeless assistance payments issued under this subparagraph shall be granted the same day as the familys application, and benefits shall be available in increments of 16 days of temporary shelter assistance pursuant to clause (i) of subparagraph (A). The homeless assistance payments shall be limited to two periods of not more than 16 cumulative calendar days each of temporary shelter assistance within the applicants lifetime. The second 16-day period shall continue to be available when the applicant becomes a CalWORKs recipient during the first 16-day period. The homeless assistance payments issued under this subparagraph shall be in addition to other payments for which the CalWORKs applicant, if the applicant becomes a CalWORKs recipient, may later qualify under this subdivision.
(iii)For purposes of this subparagraph, the housing search documentation described in clause (iii) of subparagraph (A) shall be required only upon issuance of an immediate need payment pursuant to Section 11266 or the issuance of benefits for the month of application.
(J)(i)Beginning January 1, 2026, or on the date that the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement this paragraph, whichever date is later, the department shall collect statewide data to determine the amount of applicants for homeless assistance provided under this section, the income level of the applicants, race, ethnicity, sexual orientation, and gender identity of the applicants, whether the applicants are approved or denied for homeless assistance, and, if the applicant is denied, the reason for the denial.
(ii)The department shall annually submit to appropriate legislative budget committees a report with the results of the data collection described in clause (i) and post that report on the departments internet website.
(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)The department shall work with county human services agencies, the County Welfare Directors Association of California, and advocates of CalWORKs recipients to gather information regarding the actual costs of a nightly shelter and best practices for transitioning families from a temporary shelter to permanent housing, and to provide that information to the Legislature, to be submitted annually in accordance with Section 9795 of the Government Code.
(j)(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).
(2)The amounts payable to recipients pursuant to Section 11453.1 shall not constitute income to recipients of aid under this section.
(k)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.
(l)(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.
(m)(1)Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services may implement and administer this section by means of all-county letters or similar instructions from the department until regulations are adopted. These all-county letters or similar written instructions shall have the same force and effect as regulations until the adoption of regulations.
(2)The department shall adopt emergency regulations no later than 18 months following the completion of all necessary automation to implement this section. The department may readopt any emergency regulation authorized by this section that is the same as, or substantially equivalent to, an emergency regulation previously adopted under this section.
(3)The initial adoption of emergency regulations pursuant to this section and one readoption of emergency regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be exempt from review by the Office of Administrative Law. The initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and each shall remain in effect for no more than 180 days, by which time final regulations shall be adopted.
(n)This section shall become operative on July 1, 2021, or on the date the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement this section, whichever date is later.
(o)Notwithstanding subdivision (n), the individual changes imposed by the act adding this section that result in a cost shall become operative only if necessary funds are appropriated for these changes in the annual Budget Act or another statute for these purposes.
(p)This section shall become inoperative on July 1, 2024, or on the date the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement Section 11450, as added by Section 3 of the act that added this subdivision, whichever date is later, and is repealed on January 1 of the following year.
SEC. 3.Section 11450 of the Welfare and Institutions Code, as added by Section 3 of Chapter 715 of the Statutes of 2022, is amended to read:11450.(a)(1)(A) Aid shall be paid for each needy family, which shall include all eligible children of each eligible applicant or recipient child and the parents of the children, but shall not include a fetus, 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)(A)Until the date that paragraph (2) is effective, if 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 pregnant child and the 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 paragraph.
(B)Notwithstanding subparagraph (A), and until the date that paragraph (2) is effective, if the family does not include a needy child qualified for aid under this chapter, aid shall be paid to a pregnant person 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 pregnant person and child, if born, would have qualified for aid under this chapter. Verification of pregnancy is required as a condition of eligibility for aid under this paragraph.
(2)(A)Notwithstanding paragraph (1), if the family does not include a needy child qualified for aid under this chapter, aid shall be paid to a pregnant person as of the date of the application for aid, in the amount that would otherwise be paid to one person, as specified in subdivision (a), if the pregnant person or the 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 paragraph.
(B)A pregnant person may provide verification of pregnancy as required in subparagraph (A) by means of a sworn statement or, if necessary, a verbal attestation. Medical verification of pregnancy shall be submitted within 30 working days following submission of the sworn statement or verbal attestation for benefits to continue. If the applicant fails to submit medical verification of pregnancy within 30 working days, the county human services agency shall continue aid when the applicant presents evidence of good faith efforts to comply with this requirement.
(C)(i)A person who receives aid pursuant to this paragraph shall report to the county, orally or in writing, within 30 days following the end of their pregnancy.
(ii)Aid for persons under this paragraph shall discontinue at the end of the month following the month in which the person reports the end of their pregnancy to the county human services agency.
(iii)Prior to discontinuing aid for a person under this paragraph due to the end of their pregnancy, the county human services agency shall provide information about, and referral to, mental health services, including, but not limited to, services provided by the county human services agency, when appropriate.
(D)This paragraph shall take effect on July 1, 2022, or on the date that the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement this paragraph, whichever date is later.
(c)(1)The amount of forty-seven dollars ($47) per month shall be paid to a pregnant person qualified for aid under subdivision (a) or (b) to meet the special needs resulting from pregnancy if the pregnant person and child, if born, would have qualified for aid under this chapter. The county human services agency shall require a pregnant person to provide medical verification of pregnancy. The county human services agency shall refer all recipients of aid under this subdivision to a local provider of the California Special Supplemental Nutrition Program for Women, Infants, and Children, and perinatal home visiting services administered by the county public health agency, county human services agency, or applicable county home visiting provider. If that payment to a pregnant person qualified for aid under subdivision (a) is considered income under federal law in the first five months of pregnancy, payments under this subdivision do not apply to a person 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 pregnant person and child, if born, would have qualified for aid under this chapter.
(2)A pregnant person may provide the verification of pregnancy required by paragraph (1) by means of a sworn statement or, if necessary, a verbal attestation. Medical verification of pregnancy shall be submitted within 30 working days following submission of the sworn statement or verbal attestation for the pregnancy special need benefit to continue. If the pregnant person fails to submit medical verification of pregnancy within 30 working days, the county human services agency shall continue the benefit when the applicant presents evidence of good faith efforts to comply with this requirement.
(3)Beginning May 1, 2022, or on the date that the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement this paragraph, the special needs payment described in paragraph (1) shall be one hundred dollars ($100) per month.
(4)Beginning July 1, 2022, or on the date that the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement this paragraph, the special needs payment described in this subdivision shall discontinue at the end of the month following the month in which a person reports the end of their pregnancy to the county human services agency.
(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, if added to the childs income, is equal to the rate specified in Section 11460, 11461, 11462, 11462.1, or 11463. In addition, the child is eligible for special needs, as specified in departmental regulations.
(e)In addition to the amounts payable under subdivision (a) and former Section 11453.1, a family is entitled to receive an allowance for recurring special needs not common to a majority of recipients. These recurring special needs include, but are not limited to, special diets upon the recommendation of a physician for circumstances other than pregnancy, 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.
(f)(1)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 is also entitled to receive an allowance for nonrecurring special needs. This paragraph does not apply to the allowance for nonrecurring special needs for homeless assistance pursuant to subparagraph (A) of paragraph (3).
(2)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 subparagraph (A) of paragraph (3). 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.
(3)(A)(i)An allowance for nonrecurring special needs for homeless assistance is available to a family that is homeless and seeking shelter when the family is eligible for aid under this chapter.
(ii)(I)Homeless assistance for temporary shelter is also available to families that are homeless and seeking shelter 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 human services agency, 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, a noncitizen applicant who does not provide verification of their eligible immigrant status, or a person with no eligible children who does not provide verification of their pregnancy, is not apparently eligible for purposes of this section.
(II)A pregnant person may provide verification of pregnancy, as required in subclause (I), by means of a sworn statement or, if necessary, a verbal attestation. Medical verification of pregnancy shall be submitted within 30 working days following submission of the sworn statement or verbal attestation for benefits to continue. If the applicant fails to submit medical verification of pregnancy within 30 working days, the county human services agency shall continue aid when the applicant presents evidence of good faith efforts to comply with this requirement.
(iii)Homeless assistance for temporary shelter is also available to families that are homeless and seeking shelter that would be eligible for aid under this chapter but for the fact that the only child or children in the family are in out-of-home placement pursuant to an order of the dependency court, if the family is receiving reunification services and the county determines that homeless assistance is necessary for reunification to occur.
(B)A family is considered homeless, for the purpose of this section, when the family lacks a fixed and regular nighttime residence, 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, or any notice that could lead to an eviction, regardless of the circumstances cited in the notice.
(4)(A)(i)A nonrecurring special needs benefit of eighty-five dollars ($85) 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 forty-five dollars ($145). County human services agencies 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 the same day as the familys application for homeless assistance, and benefits shall be available for up to three working days. Upon applying for homeless assistance, the family shall provide a sworn statement that the family is homeless. If the family meets the criteria of questionable homelessness, which means that there is reason to suspect that the family has permanent housing, the county human services agency 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 that, 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 is required for the initial extension of benefits beyond the three-day limit and on a weekly basis thereafter if the family is receiving temporary shelter benefits. Good cause shall include, but is not limited to, situations in which the county human services agency 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 or that the family is homeless as a direct and primary result of a state or federally declared disaster.
(iv)Notwithstanding clauses (ii) and (iii), the county may waive the three-day limit and may provide benefits in increments of more than one week for a family that becomes homeless as a direct and primary result of a state or federally declared disaster.
(v)Beginning January 1, 2026, or on the date that the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement this paragraph, whichever date is later, upon application for temporary or permanent homeless assistance under this subparagraph, the county shall refer an assistance unit to any other homeless assistance services provided under this chapter, including the CalWORKs Housing Support Program, family stabilization, or diversion program, and may give priority to the assistance unit for those services. The county shall also refer the assistance unit to other applicable housing programs, including, but not limited to, the Bringing Families Home Program, the Home Safe Program, and the Housing and Disability Advocacy Program.
(B)(i)A nonrecurring special needs benefit for permanent housing assistance is available to pay for last months rent and security deposits if these payments are conditions of securing a residence, or to pay for up to two months of rent arrearages, if these payments are a reasonable condition of preventing eviction.
(ii)The last months rent or monthly arrearage portion of the payment shall meet both of the following requirements:
(I)(ia) It 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.
(ib)Beginning January 1, 2026, or on the date that the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement this paragraph, whichever date is later, and for purposes of this subparagraph, the county human services agency shall include in the calculation of the familys total monthly household income any amount that is regularly received from other government and nonprofit housing and homeless subsidy programs and any regularly received private support intended or designed to help the family with housing, such as financial support from an individual outside the household. The additional sources of income described in the previous sentence shall not be included in the calculation of the familys income for purposes of calculating the amount of aid paid pursuant to subdivision (a).
(II)(ia) It 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.
(ib)Beginning January 1, 2026, or on the date that the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement this paragraph, whichever date is later, and for purposes of this subparagraph, the county human services agency shall include in the calculation of the familys total monthly household income any amount that is regularly received from other government and nonprofit housing and homeless subsidy programs and any regularly received private support intended or designed to help the family with housing, such as financial support from an individual outside the household. The additional sources of income described in the previous sentence shall not be included in the calculation of the familys income for purposes of calculating the amount of aid paid pursuant to subdivision (a).
(iii)However, if the county human services agency determines that a family intends to reside with individuals who will be sharing housing costs, the county human services agency 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 that 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 human services agency has established eligibility for aid under this chapter, the county human services agency shall complete the eligibility determination so that the payment for, or denial of, 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 is limited to the number of days allowable under subparagraph (A) for temporary shelter assistance and one payment of permanent housing assistance every 12 months. A person who applies for homeless assistance benefits shall be informed that, with certain exceptions, the temporary shelter benefit is limited to the number of days allowable under subparagraph (A) for the 12-month period.
(ii)(I)A family that becomes homeless as a direct and primary result of a state or federally declared disaster is eligible for homeless assistance.
(II)If there is a state or federally declared disaster in a county, the county human services agency shall coordinate with public and private disaster response organizations and agencies to identify and inform recipients of their eligibility for homeless assistance available pursuant to subclause (H).
(iii)A family is eligible for homeless assistance if homelessness is a direct result of domestic violence by a spouse, partner, or roommate, including, but not limited to, a parent or child with whom they were living; 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 cumulative calendar days of temporary shelter assistance and two payments of permanent housing 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, but only if the county has also provided a housing navigation caseworker who can assist with securing permanent housing and housing case management services. The county human services agency 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 human services agency 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)Payments to providers for temporary shelter and permanent housing and utilities shall be made on behalf of families requesting these payments.
(G)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.
(H)A payment shall not be made pursuant to this paragraph unless the provider of housing is any of the following:
(i)A commercial establishment.
(ii)A shelter.
(iii)A person with whom, or an establishment with which, the family requesting assistance has executed a valid lease, sublease, or shared housing agreement.
(I)(i)A CalWORKs applicant who provides a sworn statement of past or present domestic abuse and who is fleeing their abuser is deemed to be homeless and is eligible for temporary shelter assistance under clause (i) of subparagraph (A) and under subparagraph (E), notwithstanding any income and assets attributable to the alleged abuser.
(ii)The homeless assistance payments issued under this subparagraph shall be granted the same day as the familys application, and benefits shall be available in increments of 16 days of temporary shelter assistance pursuant to clause (i) of subparagraph (A). The homeless assistance payments shall be limited to two periods of not more than 16 cumulative calendar days each of temporary shelter assistance within the applicants lifetime. The second 16-day period shall continue to be available when the applicant becomes a CalWORKs recipient during the first 16-day period. The homeless assistance payments issued under this subparagraph shall be in addition to other payments for which the CalWORKs applicant, if the applicant becomes a CalWORKs recipient, may later qualify under this subdivision.
(iii)For purposes of this subparagraph, the housing search documentation described in clause (iii) of subparagraph (A) shall be required only upon issuance of an immediate need payment pursuant to Section 11266 or the issuance of benefits for the month of application.
(J)(i)Beginning January 1, 2026, or on the date that the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement this paragraph, whichever date is later, the department shall collect statewide data to determine the amount of applicants for homeless assistance provided under this section, the income level of the applicants, race, ethnicity, sexual orientation, and gender identity of the applicants, whether the applicants are approved or denied for homeless assistance, and, if the applicant is denied, the reason for the denial.
(ii)The department shall annually submit to appropriate legislative budget committees a report with the results of the data collection described in clause (i) and post that report on the departments internet website.
(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)The department shall work with county human services agencies, the County Welfare Directors Association of California, and advocates of CalWORKs recipients to gather information regarding the actual costs of a nightly shelter and best practices for transitioning families from a temporary shelter to permanent housing, and to provide that information to the Legislature, to be submitted annually in accordance with Section 9795 of the Government Code.
(j)(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).
(2)The amounts payable to recipients pursuant to Section 11453.1 shall not constitute income to recipients of aid under this section.
(k)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.
(l)(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.
(m)(1)Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services may implement and administer this section by means of all-county letters or similar instructions from the department until regulations are adopted. These all-county letters or similar written instructions shall have the same force and effect as regulations until the adoption of regulations.
(2)The department shall adopt emergency regulations no later than 18 months following the completion of all necessary automation to implement this section. The department may readopt any emergency regulation authorized by this section that is the same as, or substantially equivalent to, an emergency regulation previously adopted under this section.
(3)The initial adoption of emergency regulations pursuant to this section and one readoption of emergency regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be exempt from review by the Office of Administrative Law. The initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and each shall remain in effect for no more than 180 days, by which time final regulations shall be adopted.
(n)This section shall become operative on July 1, 2024, or on the date the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement this section, whichever date is later.
SEC. 4.No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of implementing this act.
SEC. 5.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
|
|---|---|
| Sep 27, 2024 | Chaptered by Secretary of State. Chapter 798, Statutes of 2024. |
| Sep 27, 2024 | Approved by the Governor. |
| Sep 10, 2024 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 30, 2024 | Assembly amendments concurred in. (Ayes 40. Noes 0. Page 5750.) Ordered to engrossing and enrolling. |
| Aug 29, 2024 | Ordered to special consent calendar. |
| Aug 28, 2024 | In Senate. Concurrence in Assembly amendments pending. |
| Aug 28, 2024 | Read third time. Passed. (Ayes 77. Noes 0. Page 6805.) Ordered to the Senate. |
| Aug 20, 2024 | Read second time. Ordered to third reading. |
| Aug 19, 2024 | Read second time and amended. Ordered to second reading. |
| Aug 15, 2024 | From committee: Do pass as amended. (Ayes 11. Noes 0.) (August 15). |
| Jul 2, 2024 | July 2 set for first hearing. Placed on suspense file. |
| Jun 26, 2024 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (June 25). Re-referred to Com. on APPR. |
| Jun 3, 2024 | Referred to Com. on HUM. S. |
| May 24, 2024 | In Assembly. Read first time. Held at Desk. |
| May 24, 2024 | Read third time. Passed. (Ayes 38. Noes 0. Page 4211.) Ordered to the Assembly. |
| May 22, 2024 | Ordered to special consent calendar. |
| May 20, 2024 | Read second time. Ordered to third reading. |
| May 16, 2024 | Read second time and amended. Ordered to second reading. |
| May 16, 2024 | From committee: Do pass as amended. (Ayes 7. Noes 0. Page 3982.) (May 16). |
| May 10, 2024 | Set for hearing May 16. |
| Apr 29, 2024 | April 29 hearing: Placed on APPR suspense file. |
| Apr 22, 2024 | Set for hearing April 29. |
| Apr 16, 2024 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0. Page 3607.) (April 15). Re-referred to Com. on APPR. |
| Apr 4, 2024 | Set for hearing April 15. |
| Feb 29, 2024 | Referred to Com. on HUMAN S. |
| Feb 20, 2024 | From printer. May be acted upon on or after March 18. |
| Feb 16, 2024 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 30, 2024 | Special Consent SB1415 Glazer et al. | Senate Floor |
Passed |
|
| Aug 28, 2024 | SB 1415 Glazer Senate Third Reading By Lee | Assembly Floor |
Passed |
|
| Aug 15, 2024 | Do pass as amended. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jun 25, 2024 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Human Services |
Passed |
|
| May 24, 2024 | Special Consent SB1415 Glazer et al. | Senate Floor |
Passed |
|
| May 16, 2024 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 29, 2024 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 15, 2024 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate 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
|
|---|---|---|
| Coalition of California Welfare Rights Organizations | ** Support | |
| The Western Center on Law and Poverty | * Support | Jun 26, 2024 |
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 1415 |
UNFINISHED BUSINESS
Bill No: SB 1415
Author: Glazer (D), et al.
Amended: 8/19/24
Vote: 21
SENATE HUMAN SERVICES COMMITTEE: 5-0, 4/15/24
AYES: Alvarado-Gil, Ochoa Bogh, Blakespear, Hurtado, Menjivar
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/16/24
AYES: Caballero, Jones, Ashby, Becker, Bradford, Seyarto, Wahab
SENATE FLOOR: 38-0, 5/24/24
AYES: Alvarado-Gil, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
NO VOTE RECORDED: Allen, Archuleta
ASSEMBLY FLOOR: 77-0, 8/28/24 - See last page for vote
SUBJECT: CalWORKs: permanent housing assistance
SOURCE: Author
DIGEST:
This bill requires counties, for purposes of determining eligibility for specified California Work Opportunity and Responsibility to Kids (CalWORKs) payments issued to prevent eviction, to include amounts from other subsidy programs as well as private support, when calculating a family's total monthly household income.
Assembly Amendments
make technical and clarifying changes.
ANALYSIS:
Existing Law:
- Provides that CalWORKs students enrolled in a publically funded or nonprofit postsecondary educational institution shall receive a payment of $500 per semester or $350 per quarter for full time enrollment, and $250 per semester or $175 per quarter for part time enrollment in school for paying costs associated with attending school. (Welfare and Institutions Code Section (WIC) 11323.21(a)(1))
- Provides that the above payments shall be considered a standard payment for books and college supplies. (WIC 11323.21(b))
- Establishes the CalWORKs program to provide cash assistance and other social services for low-income families through the federal TANF program. Under CalWORKs, each county provides assistance through a combination of state, county, and federal TANF funds. (WIC 11200 et seq.)
- Makes available an allowance for nonrecurring special needs for a homeless family seeking shelter when the family is eligible for CalWORKs aid. (WIC 11450(f)(3)(A))
- Limits eligibility for housing assistance (HA) to 16 calendar days of temporary HA and one payment of permanent HA every 12 months, with certain exceptions, and requires that a person who applies for these benefits be informed of this time limit. Allows for exceptions to these limits in the case of domestic violence, illness, natural catastrophe, and state or federally declared disaster. (WIC 11450(f)(4)(E)(i))
- Allows a county to require that a recipient of HA who qualifies for benefits for a second time in a 24-month period participate in a homelessness avoidance case plan as a condition of eligibility for HA benefits only if a county provides a housing navigation caseworker to assist with securing permanent housing and housing case management services. (WIC 11450(f)(4)(E)(iii))
- Allows a nonrecurring special needs benefit for permanent HA for last month’s rent and security deposits if these payment are conditions of securing a residence, or to pay for up to two months of rent arrearages, if these payments are a reasonable condition of preventing eviction. (WIC 11450(f)(4)(B)(i))
- Requires the last month’s rent or monthly arrearage portion of the payment without the value of CalFresh or special needs benefits for a family of that size meet both of the following requirements: (a) not exceed 80 percent of the family’s total monthly household income, and (b) be made to families that have found permanent housing costing no more than 80 percent of the family’s total monthly household income. (WIC 11450(f)(4)(B)(ii)(I-II))
This bill:
- Requires a county human services agency, beginning January 1, 2026, or on the date that the California Statewide Automated Welfare System (CalSAWS) can perform the necessary automation, whichever is later, for purposes of eligibility to secure a payment within the CalWORKs temporary or permanent Homeless Assistance (HA) program, to include in the calculation of the family's total monthly household income, any amount that is regularly received from other government and nonprofit housing and homeless subsidy programs, and any regularly received private support intended or designed to help the family with housing, such as financial support from an individual outside the household.
- Prohibits the additional sources of income toward a family's total monthly household income from being included in the calculation of the family's income for purposes of calculating the amount of CalWORKs aid paid.
Comments
According to the author, “Many of California’s lowest-income families and single parents rely on CalWORKs for cash assistance and other resources to stay housed. However, permanent housing assistance, offered under CalWORKs, is severely under-utilized due in large part to the restrictive income requirements. Under current requirements, applicants to permanent housing assistance cannot pay more than 80% of their income towards rent to qualify. Decades ago, this program established an outdated requirement that no longer reflects the skyrocketing rents. If a CalWORKs family can find permanent housing, our state should encourage and assist them with maintaining it. This bill would ease the qualifications by allowing counties to count government assistance, nonprofit assistance, and private assistance by the CalWORKs family towards the 80% income threshold for this program. This bill would open up eligibility to more CalWORKs families while respecting local control.”
The author goes on to state, “As technology has become an integral part of education, low-income students have not been able to keep up. Students are falling behind as assignments and classes shift to online mediums because they cannot afford laptops. Regardless of how crucial laptops have become for students and their course work, some counties are denying them from using their entitlement towards a laptop. Students participating in the Welfare-to-Work program are entitled to $500 for school materials and textbooks, SB 1415 would clarify students can use their payment, up to $700, to purchase a laptop.”
CalWORKs CalWORKs, the state’s largest anti-poverty program, provides temporary cash assistance aimed at moving children out of poverty and helping qualified low-income families meet their basic needs, such as rent, clothing, utility bills, food, and other items needed to ensure children are cared for at home and safely remain with their families. In addition to cash assistance, adult CalWORKs recipients are provided education and employment and training services designed to help remove barriers to work and promote self-sufficiency. These services are typically outlined in a Welfare-to-Work plan. CDSS is the designated state agency responsible for program supervision at the state level, and counties are responsible for administering the program at the local level.
CalWORKs Homeless Assistance Program The Homeless Assistance Program was established to help families in the CalWORKs Program secure or maintain permanent housing or to provide emergency shelter when a family is experiencing or at risk of homelessness. This program is an entitlement benefit available in all 58 counties, and includes temporary, permanent, and expanded assistance. Temporary assistance provides a daily payment of $85 per day for a family of four (and $15 for each additional family member) to secure housing for up to 16 calendar days within a 12-month period. Permanent homeless assistance through the program can be provided via security deposit costs or up to two months of rent arrearages. In 2020-21, the program approved temporary assistance for 30,863 families and permanent assistance for 1,683 families. According to CDSS, the Homeless Assistance Program caseload averages from 2016-17 through 2020-21 showed an average of approximately 48,352 approvals for temporary homeless assistance, and 4,898 approvals for permanent homeless assistance per year.
A family is eligible for the Homeless Assistance Program if they have received any notice that could lead to an eviction, regardless of the circumstances cited in the notice. Eligible families may receive program benefits once every 12 months, with certain exceptions due to domestic abuse, illness, inhabitability of the home, or declared disaster. When a family receives homeless assistance based on a state or federally declared disaster, it does not count against their once-every-12-months limit, but is limited to once per disaster. In addition, an applicant who is a survivor of domestic abuse is eligible for expanded assistance of 32 days of temporary homeless assistance, rather than the general limit of 16 days of temporary homeless assistance. Expanded homeless assistance for survivors is not limited to once every 12 months.
Currently state law and CDSS regulations do not specify that the county must refer an assistance unit that applies for temporary Homeless Assistance to other homeless assistance program or provide these households priority to those services. This bill requires, beginning January 1, 2026 or on the date that CDSS notifies the Legislature that the California Statewide Automated Welfare System (CalSAWS) can perform the necessary automation, county human services agencies when an assistance unit applies temporary or permanent CalWORKs Homeless Assistance to refer the family to other homeless assistance, including the CalWORKs Housing Support Program, family stabilization, or diversion program, and to other applicable housing programs, including, but not limited to, the Bringing Families Home Program, the Home Safe Program, and the Housing and Disability Advocacy Program. This bill also allows the county to give priority to the assistance unit for those services.
A CalWORKs assistance unit that applies for permanent Homeless Assistance is only eligible for the benefit if they find permanent housing that costs no more than 80 percent of the assistance unit’s total monthly household income without counting the value of CalFresh benefits or special needs benefit for a family of that size. Special needs benefits may include, but not be limited to a pregnancy benefit, or temporary shelter costs benefit. Currently, other government and non-profit housing and homeless subsidy program benefits that a family receives are either not counted towards their income or if they are counted, may cause the family to be ineligible for permanent Homeless Assistance.
Families are most often denied permanent Homeless Assistance due to their rents being more than 80 percent of the family’s total monthly household income. According to data from CDSS, in FY 2020-21, 11 percent of the families who applied for permanent Homeless Assistance were denied. That number increased to 20 percent in FY 2021-22, and thus far from July 2022 through February 2023, approximately 18 percent of the families requesting permanent Homeless Assistance have been denied. This bill instead, for permanent Homeless Assistance eligibility and assistance, allows county human services agencies to include in the calculation of a family’s total monthly household income any amount that is regularly received from other government and nonprofit housing and homeless subsidy programs and any regularly received private support intended or designed to help the family with housing. According to this bill’s supporters, examples include assistance from a philanthropic entity, such as a church.
This bill also requires counties to allow income that is currently not counted towards a family’s household income to be included in the eligibility calculation in an effort to provide this assistance to more applicants.
CalWORKs and College CalWORKs recipients are typically required to enroll in WTW activities 20-30 hours per week in order to receive full CalWORKs benefits. SB 1232 (Glazer, Chapter 366, Statutes of 2020) provided a carve-out for college students who meet the requirement for the standard payment, allowing CalWORKs recipients who are also students attending a publicly funded postsecondary education institution and who meet specified attendance criteria to not be required to complete job club or to participate in WTW activities. SB1232 also allowed these students to receive funds to purchase books prior to the beginning of their academic term.
SB 768 (Glazer, Chapter 447, Statutes of 2022) expanded the exemptions created by SB 1232 by also exempting CalWORKs students (full-time and part-time) who are attending school at a nonprofit education institution from WTW to allow students attending a private, nonprofit postsecondary educational institution to receive a standard payment for college-related expenses, changing the hourly participation rate to be based on instructional hours or academic units, and providing that a summer session shall be deemed to be an academic quarter for these purposes.
Under existing law, CalWORKs students receive $500 each semester or $350 each quarter for full time students and $250 each semester or $175 each quarter for part time student for books and school supplies. The author’s office states they have been made aware that several counties are not allowing students to use this money towards a laptop.
College courses today do not always allow for homework or papers to be submitted in-person in class, but rather require the documents to be uploaded. Often these assignments have a due date of 11:59pm on a specific day, a time when students may not have access to a computer on campus. There are also resources, such as online books and online office hours, which put students without a personal computer at a disadvantage. This bill attempts to bridge this divide by clarifying that existing payments can be used to purchase a computer.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Assembly Appropriations Committee:
- CDSS estimates the following:
- Ongoing General Fund (GF) costs of $1.1 million annually due to an increase in the permanent housing assistance caseload and county administrative workload. CDSS data indicates 18% (an average of 37 applicants per month) of permanent housing assistance denials are due to the applicant's monthly rent or monthly arrearage exceeding 80% of their total monthly income. Actual costs will depend on the portion of these denials that become eligible as a result of this bill. California's annual $3.7 billion federal Temporary Assistance for Needy Families (TANF) block grant, which may be used flexibly within the CalWORKs program, is fully allocated within the state budget. Therefore, new CalWORKs program costs are considered GF costs. GF costs may be mitigated to the extent TANF funding is not fully expended in any particular year.
- Ongoing GF administrative costs of approximately $874,000 in the first year and $1.7 million to provide referrals to CalWORKs homeless assistance applicants.
- Ongoing costs for two years of $176,000 in the first year and $172,000 in the second year for one limited-term staff position to develop regulations and perform other state administrative duties associated with the housing assistance program changes.
- Ongoing GF costs of approximately $900,000 annually in increased student payments and reimbursement requests due to including computers in the standard payment for books and college supplies. CDSs estimates approximately 30% of this caseload resides in counties that do not currently allow this use.
- One time automation costs (GF) of an unknown amount to make changes to CalSAWS necessary to implement the bill.
- Costs to counties for administration are potentially reimbursable by the state, subject to a determination by the Commission on State Mandates.
According to the Legislative Analyst’s Office, the General Fund faces a structural deficit in the tens of billions of dollars over the next several fiscal years.
SUPPORT: (Verified 8/28/24)
Coalition of California Welfare Rights Organizations
OPPOSITION: (Verified 8/28/24)
None received
ASSEMBLY FLOOR: 77-0, 8/28/24
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
NO VOTE RECORDED: Cervantes, Ortega
Prepared by: Heather Hopkins / HUMAN S. / (916) 651-1524
8/28/24 22:58:02
**** END ****
SENATE THIRD READING
STR Bill Id:SB 1415
Author:(Glazer)
As Amended Ver:August 19, 2024
Majority vote
SUMMARY
Requires counties, for purposes of determining eligibility for specified California Work Opportunity and Responsibility to Kids (CalWORKs) payments issued to prevent eviction, to include amounts from other subsidy programs as well as private support, when calculating a family's total monthly household income.
Major Provisions
- Requires a county human services agency, beginning January 1, 2026, or on the date that the California Statewide Automated Welfare System (CalSAWS) can perform the necessary automation, whichever is later, for purposes of eligibility to secure a payment within the CalWORKs temporary or permanent Homeless Assistance (HA) program, to include in the calculation of the family's total monthly household income, any amount that is regularly received from other government and nonprofit housing and homeless subsidy programs, and any regularly received private support intended or designed to help the family with housing, such as financial support from an individual outside the household.
- Prohibits the additional sources of income toward a family's total monthly household income from being included in the calculation of the family's income for purposes of calculating the amount of CalWORKs aid paid.
COMMENTS
Background: California Work Opportunity and Responsibility to Kids Homeless Assistance Program was established to help CalWORKs families meet the reasonable costs of securing housing. The program serves eligible CalWORKs recipients or eligible CalWORKs applicants, who are homeless or at risk of homelessness. A CalWORKs family is considered homeless for purposes of receiving homeless assistance if the family:
- Lacks a fixed and regular nighttime residence;
- Has a primary nighttime residence that is a supervised publicly or privately operated shelter designed to provide temporary living accommodations;
- Is residing in a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings; or,
- Has received a notice to pay rent or quit. The family is required to 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 may result in homelessness if preventive assistance is not provided.
The CalWORKs HA Program offers two types of assistance: temporary shelter assistance and permanent housing assistance. Both temporary and permanent homeless assistance payments are limited to once every 12 months with the exceptions of homelessness due to domestic violence, inhabitability of the former residence caused by sudden or unusual circumstances, or a medically verified physical or mental illness.
Temporary shelter assistance helps families pay the costs of temporary shelter and is available to families for up to 16 calendar days within a 12-month period. Temporary shelter assistance for a family of up to four people is set at $85 per day, plus $15 a day for each additional family member. The maximum amount of temporary shelter assistance any family can receive is $145 per day. Temporary homeless benefits are granted or denied the same day as a family's application for homeless assistance and, if granted, the benefits are made available for up to three working days. After homelessness has been verified, the three-day limit can be extended, in one-week increments, up to a total of 16 calendar days of assistance. The extension(s) are based on documentation of a housing search.
Permanent housing assistance helps families secure or maintain permanent housing and helps families avoid eviction. Permanent housing assistance can be received once every 12 months.
Currently, permanent housing assistance is available to pay for last month's rent and security deposits if these payments are conditions of securing a residence, or to pay for up to two months of rent arrearages, if these payments are a reasonable condition of preventing eviction. To be eligible, the last month's rent or monthly arrearage portion of the payment must meet both of the following requirements:
- It shall not exceed 80% of the family's total monthly household income without the value of CalFresh benefits or special needs benefit for a family of that size.
- It shall only be made to families that have found permanent housing costing no more than 80% of the family's total monthly household income without the value of CalFresh benefits or special needs benefit for a family of that size.
For example, in an urban region like Los Angeles, a family of four cannot earn more than $1,519 monthly if they receive the maximum aid payment and only $1,363 if they do not. As for assets, a family or individual must have no more than $10,888 in resources, or $16,333 in resources if the family includes someone over 60 years of age or someone with a disability.
Governor's Veto Message. This bill is substantially similar to SB 773 (Glazer) of this legislative session, which was vetoed by Governor Newsom. The Governor's veto message stated:
This bill would require counties to consider an expanded definition of income for purposes of calculating total monthly household income for CalWORKS Permanent Homeless Assistance (HA) Program eligibility. The California Department of Social Services (CDSS) would be required to collect statewide data regarding HA and convene a statewide stakeholder advisory group.
I appreciate the author's intent to get more people at risk of homelessness into permanent housing. My Administration has made significant investments to combat homelessness and provide housing supports. However, this bill would result in an ongoing annual fiscal impact to the state of more than a million dollars a year. These costs must be considered alongside other budgetary priorities as part of the annual budget process.
In partnership with the Legislature, we enacted a budget that closed a shortfall of more than $30 billion through balanced solutions that avoided deep program cuts and protected education, health care, climate, public safety, and social service programs that are relied on by millions of Californians. This year, however, the Legislature sent me bills outside of this budget process that, if all enacted, would add nearly $19 billion of unaccounted costs in the budget, of which $11 billion would be ongoing.
With our state facing continuing economic risk and revenue uncertainty, it is important to remain disciplined when considering bills with significant fiscal implications, such as this measure.
In order to address Governor Newsom's concerns stated above, the Author agreed to striking the provision requiring an additional one-time payment and instead clarified the allowable use of existing payments; deleted the requirement for CDSS to collect specified data on HA applicants and submit an annual report to the Legislature.
Equity Implications: The CalWORKs program is meant for low-income families in need of additional aid to support themselves and their families. Being able to make ends meet in California with such a low income is incredibly challenging. As part of CalWORKs, housing assistance is available to pay for last month's rent and security deposits if these payments are a reasonable condition of preventing eviction.
However, in order to be eligible for this permanent housing assistance, these payments cannot exceed 80% of the family's totally monthly household income. This bill is meant to directly support CalWORKs families when they are able to locate permanent housing, or are at-risk for eviction, and ease their ability to qualify for an underutilized aid program that has an income threshold many CalWORKs families struggle to meet.
According to the June 2023 University of California, San Francisco study on people experiencing homelessness, "Toward a New Understanding," more than 171,000 people experience homelessness daily, and California includes 30% of the nation's homeless population. According to the study, 70% of respondents believed that a monthly rental subsidy of $300-$500 would have prevented their homelessness for a sustained period; and 82% believed receiving a one-time payment of $5,000-$10,000 would have prevented their homelessness.
Affordable housing in California is scarce and challenging to locate for many families, and is particularly difficult for families receiving CalWORKs. This bill will allow more families in need to qualify for the housing assistance that will keep them from falling into homelessness.
According to the Author
"Many of California's lowest-income families and single parents rely on CalWORKs for cash assistance and other resources to stay housed. However, permanent housing assistance, offered under CalWORKs, is severely under-utilized due in large part to the restrictive income requirements. Under current requirements, applicants to permanent housing assistance cannot pay more than 80% of their income towards rent to qualify. Decades ago, this program established an outdated requirement that no longer reflects the skyrocketing rents. If a CalWORKs family can find permanent housing, our state should encourage and assist them with maintaining it.
"This bill would ease the qualifications by allowing counties to count government assistance, nonprofit assistance, and private assistance by the CalWORKs family towards the 80% income threshold for this program. This bill would open up eligibility to more CalWORKs families while respecting local control.
"Furthermore, as technology has become an integral part of education, low-income students haven't been able to keep up. Students are falling behind as assignments and classes shift to online mediums because they can't afford laptops. Regardless of how crucial laptops have become for students and their course work, some counties are denying them from using their entitlement towards a laptop. Students participating in the Welfare-to-Work program are entitled to $500 for school materials and textbooks, [this bill] would clarify students can use their payment to purchase a laptop."
Arguments in Support
According to the Western Center on Law and Poverty, “This bill will increase access to the Homeless Assistance permanent housing program, and it will help students purchase laptops. We believe both provisions will help these families get housed and exit poverty by having the tools to finish an educational program.”
Arguments in Opposition
No opposition on file.
FISCAL COMMENTS
- According to the Assembly Appropriations Committee on August 15, 2024: CDSS estimates the following:
- Ongoing General Fund (GF) costs of $1.1 million annually due to an increase in the permanent housing assistance caseload and county administrative workload. CDSS data indicates 18% (an average of 37 applicants per month) of permanent housing assistance denials are due to the applicant's monthly rent or monthly arrearage exceeding 80% of their total monthly income. Actual costs will depend on the portion of these denials that become eligible as a result of this bill. California's annual $3.7 billion federal Temporary Assistance for Needy Families (TANF) block grant, which may be used flexibly within the CalWORKs program, is fully allocated within the state budget. Therefore, new CalWORKs program costs are considered GF costs. GF costs may be mitigated to the extent TANF funding is not fully expended in any particular year.
- Ongoing costs for two years of $176,000 in the first year and $172,000 in the second year for one limited-term staff position to develop regulations and perform other state administrative duties associated with the housing assistance program changes.
- One time automation costs (GF) of an unknown amount to make changes to CalSAWS necessary to implement the bill.
- Costs to counties for administration are potentially reimbursable by the state, subject to a determination by the Commission on State Mandates.
According to the Legislative Analyst's Office, the General Fund faces a structural deficit in the tens of billions of dollars over the next several fiscal years.
VOTES
SENATE FLOOR: 38-0-2
YES: Alvarado-Gil, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
ABS, ABST OR NV: Allen, Archuleta
ASM HUMAN SERVICES: 6-0-1
YES: Lee, Essayli, Calderon, Jackson, Dixon, Ortega
ABS, ABST OR NV: Gipson
ASM APPROPRIATIONS: 11-0-4
YES: Wicks, Arambula, Bryan, Calderon, Wendy Carrillo, Mike Fong, Grayson, Haney, Hart, Pellerin, Villapudua
ABS, ABST OR NV: Sanchez, Dixon, Jim Patterson, Ta
UPDATED
VERSION: August 19, 2024
CONSULTANT: Alexandria Smith / HUM. S. / (916) 319-2089 FN: 0004057
Date of Hearing: July 2, 2024
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Buffy Wicks, Chair
SBPCA Bill Id:SB 1415
Author:(Glazer) – As Amended Ver:May 16, 2024
Policy Committee: | Human Services | Vote: | 6 - 0 |
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Urgency: No State Mandated Local Program: Yes Reimbursable: Yes
SUMMARY:
This bill requires every county, for purposes of determining eligibility for California Work Opportunity and Responsibility to Kids (CalWORKs) permanent housing assistance, to include amounts from other subsidy programs as well as private support, when calculating a family’s total monthly household income. The bill also clarifies payments to CAlWORKs-eligible students for books and college supplies can also be used for computers.
Specifically, this bill:
- Beginning January 1, 2026, or on the date the California Statewide Automated Welfare System (CalSAWS) can perform the necessary automation, whichever is later, this bill:
- Requires a county human services agency, for purposes of eligibility to secure a payment within the CalWORKs permanent homeless assistance program, to include in the calculation of the family’s total monthly household income, any amount regularly received or that will be regularly received from other government and nonprofit housing and homeless subsidy programs, and any regularly received private support intended or designed to help the family with housing, such as financial support from an individual outside the household.
- Prohibits the additional sources of income, described in 1, above, from being included in a family’s income for purposes of calculating the amount of CalWORKs aid paid to the family.
- Requires the county, upon application for temporary or permanent housing assistance, to refer an assistance unit (family) to any other homeless assistance services, including the CalWORKs Housing Support Program, family stabilization, or diversion program, and allows the county to give priority to the assistance unit for those services.
- Requires the county to also refer the assistance unit (family) to other applicable housing programs, including, but not limited to, the Bringing Families Home Program, the Home Safe Program, and the Housing and Disability Advocacy Program.
- Clarifies the semester and quarterly payments CalWORKs-eligible students enrolled full time or part time at a publicly funded or nonprofit postsecondary educational institution receive nay be used for computers as well as books and other college supplies.
FISCAL EFFECT:
- CDSS estimates the following:
- Ongoing General Fund (GF) costs of $1.1 million annually due to an increase in the permanent housing assistance caseload and county administrative workload. CDSS data indicates 18% (an average of 37 applicants per month) of permanent housing assistance denials are due to the applicant's monthly rent or monthly arrearage exceeding 80% of their total monthly income. Actual costs will depend on the portion of these denials that become eligible as a result of this bill. California's annual $3.7 billion federal Temporary Assistance for Needy Families (TANF) block grant, which may be used flexibly within the CalWORKs program, is fully allocated within the state budget. Therefore, new CalWORKs program costs are considered GF costs. GF costs may be mitigated to the extent TANF funding is not fully expended in any particular year.
- Ongoing GF administrative costs of approximately $874,000 in the first year and $1.7 million to provide referrals to CalWORKs homeless assistance applicants.
- Ongoing costs for two years of $176,000 in the first year and $172,000 in the second year for one limited-term staff position to develop regulations and perform other state administrative duties associated with the housing assistance program changes.
- Ongoing GF costs of approximately $900,000 annually in increased student payments and reimbursement requests due to including computers in the standard payment for books and college supplies. CDSs estimates approximately 30% of this caseload resides in counties that do not currently allow this use.
- One time automation costs (GF) of an unknown amount to make changes to CalSAWS necessary to implement the bill.
- Costs to counties for administration are potentially reimbursable by the state, subject to a determination by the Commission on State Mandates.
According to the Legislative Analyst’s Office, the General Fund faces a structural deficit in the tens of billions of dollars over the next several fiscal years.
COMMENTS:
- Purpose. The author seeks to increase the number of families eligible to receive CalWORKs permanent housing assistance payments by providing counties greater flexibility in calculating a family’s income for eligibility purposes. According to the author:
Many of California’s lowest-income families and single parents rely on CalWORKs for cash assistance and other resources to stay housed. However, permanent housing assistance, offered under CalWORKs, is severely under-utilized due in large part to the restrictive income requirements. Under current requirements, applicants to permanent housing assistance cannot pay more than 80% of their income towards rent to qualify. Decades ago, this program established an outdated requirement that no longer reflects the skyrocketing rents. If a CalWORKs family can find permanent housing, our state should encourage and assist them with maintaining it.
- Background. CalWORKs housing assistance. CalWORKs provides temporary cash assistance aimed at moving children out of poverty and helping qualified low-income families meet their basic needs, such as rent, clothing, utility bills, food, and other items needed to ensure children are cared for at home and safely remain with their families.
The housing assistance program was established to help families in the CalWORKs Program secure or maintain permanent housing or to provide emergency shelter when a family is experiencing or at risk of homelessness. Housing assistance is an entitlement benefit available in all 58 counties, and includes temporary, permanent, and expanded assistance. A nonrecurring special needs benefit for temporary housing assistance provides a daily payment of $85 per day for a family of four (and $15 for each additional family member), up to a daily maximum of $145 to secure housing for up to 16 calendar days within a 12-month period.
A nonrecurring special needs benefit for permanent housing assistance may be provided to pay for last month’s rent and security deposits if these payments are conditions of securing a residence, or to pay for up to two months of rent arrearages, if these payments are a reasonable condition of preventing eviction.
To be eligible to receive permanent housing assistance, a CalWORKs recipient must find permanent housing that requires the family to pay no more than 80% of their monthly household income toward rent, excluding the value of CalFresh benefits or special needs benefits. In the 2021-22 fiscal year, 2,705 applicants (approximately 50%) were approved for permanent housing assistance. Advocates for CalWORKs recipients believe the program’s low utilization is due to the 80% threshold, which they indicate is challenging for applicants to meet in the face of sky-rocketing rents.
In an effort to increase the number of families eligible for permanent housing assistance, this bill allows counties to count additional sources of income in an applicant family’s household income calculation for purposes of determining eligibility for permanent housing assistance.
Student payments. Existing law provides that CalWORKs students enrolled in a publicly funded or nonprofit postsecondary educational institution must receive a payment of $500 per semester or $350 per quarter for full time enrollment, and $250 per semester or $175 per quarter for part time enrollment in school for paying costs associated with attending school. Existing law provides these payments are considered a standard payment for books and college supplies, and if costs for students for books and college supplies go above the amounts indicated above, the student may request reimbursement from the county for those additional costs.
The author’s office states several counties are not allowing students to use this money toward laptops. This bill clarifies these payments may be used as standard payment for computers.
- Prior Legislation. SB 773 (Glazer), of this legislative session, included similar housing assistance provisions. SB 773 was vetoed by the Governor who expressed cost concerns and stated, “These costs must be considered alongside other budgetary priorities as part of the annual budget process.” In response, the author has deleted several provisions found in SB 773 from this year’s bill.
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
Date of Hearing: June 25, 2024
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Alex Lee, Chair
SBPCA Bill Id:SB 1415
Author:(Glazer) – As Amended Ver:May 16, 2024
SENATE VOTE: 38-0
SUBJECT: CalWORKs
SUMMARY: Requires counties, for purposes of determining eligibility for specified California Work Opportunity and Responsibility to Kids (CalWORKs) payments issued to prevent eviction, to include amounts from other subsidy programs as well as private support, when calculating a family’s total monthly household income. Specifically, this bill:
- Clarifies that the semester and quarterly payments CalWORKs-eligible students enrolled full time or part time at a publicly funded or nonprofit postsecondary educational institution receive can be used for computers as well as books and other college supplies.
- Requires a county human services agency, beginning January 1, 2026, or on the date that the California Statewide Automated Welfare System (CalSAWS) can perform the necessary automation, whichever is later, for purposes of eligibility to secure a payment within the CalWORKs temporary or permanent Homeless Assistance (HA) program, to include in the calculation of the family’s total monthly household income, any amount that is regularly received from other government and nonprofit housing and homeless subsidy programs, and any regularly received private support intended or designed to help the family with housing, such as financial support from an individual outside the household.
- Prohibits the additional sources of income toward a family’s total monthly household income from being included in the calculation of the family’s income for purposes of calculating the amount of CalWORKs aid paid.
- Requires the county, beginning January 1, 2026, or on the date that the California Department of Social Services (CDSS) notifies the Legislature that CalSAWS can perform the necessary automation to implement these provisions, whichever date is later, upon application for temporary or permanent HA, to refer an assistance unit to any other homeless assistance services, including the CalWORKs Housing Support Program, family stabilization, or diversion program, and allows the county to give priority to the assistance unit for those services.
- Requires the county to also refer the assistance unit to other applicable housing programs, including, but not limited to, the Bringing Families Home Program, the Home Safe Program, and the Housing and Disability Advocacy Program.
EXISTING LAW:
- Establishes the CalWORKs program to provide cash assistance and other social services for low-income families through the federal Temporary Assistance for Needy Families (TANF) program. Under CalWORKs, each county provides assistance through a combination of state, county, and federal TANF funds. (Welfare and Institutions Code [WIC] §11200 et seq.)
- Establishes income, asset, and real property limits used to determine eligibility for the CalWORKs program and grant amounts based on family size and county of residence. (WIC §§ 11150, 11160, 11450 et seq.)
- Requires CalWORKs students enrolled in a publically funded or nonprofit postsecondary educational institution to receive a payment of $500 per semester or $350 per quarter for full time enrollment, and $250 per semester or $175 per quarter for part time enrollment in school for paying costs associated with attending school. (WIC § 11323.21(a)(1))
- Provides that the payments described in 3) above shall be considered a standard payment for books and college supplies. (WIC § 11323.21(b))
- Makes available an allowance for nonrecurring special needs for a homeless family seeking shelter when the family is eligible for CalWORKs aid. (WIC § 11450(f)(3)(A))
- Defines a family to be considered homeless, for the purpose of eligibility for CalWORKs HA, when the family lacks a fixed and regular nighttime residence, among other criteria. Additionally defines a family to be considered homeless if the family has received a notice to pay rent or quit, or any notice that could lead to an eviction, regardless of the circumstances cited in the eviction notice, as provided. (WIC § 11450(f)(3)(B))
- Makes a nonrecurring special needs benefit of $85 per day to families with up to four members for the costs of temporary shelter, and $15 per day for each additional family member, up to $145. Allows county human services agencies to increase the daily amount available for temporary shelter as necessary to secure the additional bed space needed by the family. (WIC § 11450(f)(4)(A)(i))
- Limits eligibility for housing assistance to 16 calendar days of temporary homeless assistance and one payment of permanent homeless assistance every 12 months, with certain exceptions, and requires that a person who applies for these benefits be informed of this time limit. Allows for exceptions to these limits in the case of domestic violence, illness, natural catastrophe, and state or federally declared disaster. (WIC § 11450(f)(4)(E)(i))
- Allows a county to require that a recipient of homeless assistance who qualifies for benefits for a second time in a 24-month period participate in a homelessness avoidance case plan as a condition of eligibility for benefits only if a county provides a housing navigation caseworker to assist with securing permanent housing and housing case management services. (WIC § 11450(f)(4)(E)(iii))
- Allows a nonrecurring special needs benefit for permanent homeless assistance for last month’s rent and security deposits if these payment are conditions of securing a residence, or to pay for up to two months of rent arrearages, if these payments are a reasonable condition of preventing eviction. (WIC § 11450(f)(4)(B)(i))
- Requires the last month’s rent or monthly arrearage portion of the payment without the value of CalFresh or special needs benefits for a family of that size meet both of the following requirements: a) not exceed 80% of the family’s total monthly household income, and, b) be made to families that have found permanent housing costing no more than 80% of the family’s total monthly household income. (WIC § 11450(f)(4)(B)(ii)(I-II))
FISCAL EFFECT: According to the Senate Committee on Appropriations on May 16, 2024:
- Unknown, ongoing General Fund costs, likely low millions, due to an expansion of the permanent HA caseload.
- Cost to counties for administration would be potentially reimbursable by the state, subject to a determination by the Commission on State Mandates.
COMMENTS:
Background: California Work Opportunity and Responsibility to Kids Homeless Assistance Program was established to help CalWORKs families meet the reasonable costs of securing housing. The program serves eligible CalWORKs recipients or apparently eligible CalWORKs applicants, who are homeless or at risk of homelessness. A CalWORKs family is considered homeless for purposes of receiving homeless assistance if the family:
- Lacks a fixed and regular nighttime residence;
- Has a primary nighttime residence that is a supervised publicly or privately operated shelter designed to provide temporary living accommodations;
- Is residing in a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings; or,
- Has received a notice to pay rent or quit. The family is required to 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 may result in homelessness if preventive assistance is not provided.
The CalWORKs HA Program offers two types of assistance: temporary shelter assistance and permanent housing assistance. Both temporary and permanent homeless assistance payments are limited to once every 12 months with the exceptions of homelessness due to domestic violence, inhabitability of the former residence caused by sudden or unusual circumstances, or a medically verified physical or mental illness.
Temporary shelter assistance helps families pay the costs of temporary shelter and is available to families for up to 16 calendar days within a 12-month period. Temporary shelter assistance for a family of up to four people is set at $85 per day, plus $15 a day for each additional family member. The maximum amount of temporary shelter assistance any family can receive is $145 per day. Temporary homeless benefits are granted or denied the same day as a family’s application for homeless assistance and, if granted, the benefits are made available for up to three working days. After homelessness has been verified, the three-day limit can be extended, in one-week increments, up to a total of 16 calendar days of assistance. The extension(s) are based on documentation of a housing search.
Permanent housing assistance helps families secure or maintain permanent housing and helps families avoid eviction. Permanent housing assistance can be received once every 12 months.
Currently, permanent housing assistance is available to pay for last month’s rent and security deposits if these payments are conditions of securing a residence, or to pay for up to two months of rent arrearages, if these payments are a reasonable condition of preventing eviction. To be eligible, the last month’s rent or monthly arrearage portion of the payment must meet both of the following requirements:
- It shall not exceed 80% of the family’s total monthly household income without the value of CalFresh benefits or special needs benefit for a family of that size.
- It shall only be made to families that have found permanent housing costing no more than 80% of the family’s total monthly household income without the value of CalFresh benefits or special needs benefit for a family of that size.
For example, in an urban region like Los Angeles, a family of four cannot earn more than $1,519 monthly if they receive the maximum aid payment and only $1,363 if they do not. As for assets, a family or individual must have no more than $10,888 in resources, or $16,333 in resources if the family includes someone over 60 years of age or someone with a disability.
Student-Recipients of California Work Opportunity and Responsibility to Kids. CalWORKs recipients are required to enroll in welfare-to-work (WTW) activities 20-30 hours per week in order to receive full CalWORKs benefits.
SB 1232 (Glazer), Chapter 366, Statutes of 2020, provided an exemption for college students who meet the requirement for the standard payment, allowing CalWORKs recipients who are also students attending a publicly funded postsecondary education institution and who meet specified attendance criteria not to be required to complete job club or to participate in WTW activities. SB 1232 also allowed these students to receive funds to purchase books prior to the beginning of their academic term.
SB 768 (Glazer), Chapter 447, Statutes of 2022, expanded the exemptions created by SB 1232 by also exempting CalWORKs students (full-time and part-time) who are attending school at a nonprofit education institution from WTW to allow students attending a private, nonprofit postsecondary educational institution to receive a standard payment for college-related expenses, changing the hourly participation rate to be based on instructional hours or academic units, and providing that a summer session shall be deemed to be an academic quarter for these purposes.
Current law provides that CalWORKs students receive $500 each semester or $350 each quarter for full time students and $250 each semester or $175 each quarter for part time student for books and school supplies. The Author’s office states they have been made aware that several counties are not allowing students to use this money toward a laptop. This bill specifies that this money could also be used for computers.
Governor’s Veto Message. This bill is substantially similar to SB 773 (Glazer) of this legislative session, which was vetoed by Governor Newsom. The Governor’s veto message stated:
This bill would require counties to consider an expanded definition of income for purposes of calculating total monthly household income for CalWORKS Permanent Homeless Assistance (HA) Program eligibility. The California Department of Social Services (CDSS) would be required to collect statewide data regarding HA and convene a statewide stakeholder advisory group.
I appreciate the author's intent to get more people at risk of homelessness into permanent housing. My Administration has made significant investments to combat homelessness and provide housing supports. However, this bill would result in an ongoing annual fiscal impact to the state of more than a million dollars a year. These costs must be considered alongside other budgetary priorities as part of the annual budget process.
In partnership with the Legislature, we enacted a budget that closed a shortfall of more than $30 billion through balanced solutions that avoided deep program cuts and protected education, health care, climate, public safety, and social service programs that are relied on by millions of Californians. This year, however, the Legislature sent me bills outside of this budget process that, if all enacted, would add nearly $19 billion of unaccounted costs in the budget, of which $11 billion would be ongoing.
With our state facing continuing economic risk and revenue uncertainty, it is important to remain disciplined when considering bills with significant fiscal implications, such as this measure.
In order to address Governor Newsom’s concerns stated above, the Author agreed to striking the provision requiring an additional one-time payment and instead clarified the allowable use of existing payments; deleted the requirement for CDSS to collect specified data on HA applicants and submit an annual report to the Legislature.
Author’s Statement: According to the Author, “Many of California’s lowest-income families and single parents rely on CalWORKs for cash assistance and other resources to stay housed. However, permanent housing assistance, offered under CalWORKs, is severely under-utilized due in large part to the restrictive income requirements. Under current requirements, applicants to permanent housing assistance cannot pay more than 80% of their income towards rent to qualify. Decades ago, this program established an outdated requirement that no longer reflects the skyrocketing rents. If a CalWORKs family can find permanent housing, our state should encourage and assist them with maintaining it.
This bill would ease the qualifications by allowing counties to count government assistance, nonprofit assistance, and private assistance by the CalWORKs family towards the 80% income threshold for this program. This bill would open up eligibility to more CalWORKs families while respecting local control.
Furthermore, as technology has become an integral part of education, low-income students haven’t been able to keep up. Students are falling behind as assignments and classes shift to online mediums because they can’t afford laptops. Regardless of how crucial laptops have become for students and their course work, some counties are denying them from using their entitlement towards a laptop. Students participating in the Welfare-to-Work program are entitled to $500 for school materials and textbooks, [this bill] would clarify students can use their payment to purchase a laptop.”
Equity Implications: The CalWORKs program is meant for low-income families in need of additional aid to support themselves and their families. Being able to make ends meet in California with such a low income is incredibly challenging. As part of CalWORKs, housing assistance is available to pay for last month’s rent and security deposits if these payments are a reasonable condition of preventing eviction.
However, in order to be eligible for this permanent housing assistance, these payments cannot exceed 80% of the family’s totally monthly household income. This bill is meant to directly support CalWORKs families when they are able to locate permanent housing, or are at-risk for eviction, and ease their ability to qualify for an underutilized aid program that has an income threshold many CalWORKs families struggle to meet.
According to the June 2023 University of California, San Francisco study on people experiencing homelessness, “Toward a New Understanding,” more than 171,000 people experience homelessness daily, and California includes 30% of the nation’s homeless population. According to the study, 70% of respondents believed that a monthly rental subsidy of $300-$500 would have prevented their homelessness for a sustained period; and 82% believed receiving a one-time payment of $5,000-$10,000 would have prevented their homelessness.
Affordable housing in California is scarce and challenging to locate for many families, and is particularly difficult for families receiving CalWORKs. This bill will allow more families in need to qualify for the housing assistance that will keep them from falling into homelessness.
RELATED AND PRIOR LEGISLATION:
SB 773 (Glazer) of 2023, see comments above.
SB 1083 (Skinner), Chapter 715, Statutes of 2022, allowed a family to be eligible for CalWORKs HA if they have received any notice that could lead to an eviction, regardless of the circumstances cited in the notice, and provided that a county can only require a family to participate in a “homelessness avoidance case plan” as a condition of receiving assistance twice in a 24-month period if that county has also provided a caseworker who can assist with securing permanent housing.
SB 768 (Glazer), Chapter 447, Statutes of 2022, see comments above.
AB 2230 (Gipson) of 2022, would have required families receiving temporary shelter assistance through the CalWORKs HA program to receive 16 days of temporary shelter assistance in the form of a one-time payment, instead of receiving 16 days of temporary shelter assistance in the form of an initial payment of three days that can be extended in one-week increments. AB 2230 was vetoed by Governor Newsom.
SB 1065 (Hertzberg), Chapter 152, Statutes of 2020, made various changes to the CalWORKs HA program, including removing liquid resource limits, simplifying verification of homelessness, and expanding eligibility as a result of a state or federally declared disaster, among other changes.
SB 1232 (Glazer), Chapter 366, Statutes of 2020, see comments above.
SB 960 (Maienschein), Chapter 444, Statutes of 2019, expanded the type of housing for which a CalWORKs HA payment can be made to include a person with whom, or an establishment with which, the family requesting assistance has executed a valid lease, sublease, or shared housing agreement.
AB 1811 (Committee on Budget), Chapter 35, Statutes of 2018, increased, as of January 1, 2019, the daily rate for CalWORKs temporary homeless assistance from $65 a day to $85 a day for a family with up to four members, and increased the daily maximum from $125 to $145.
REGISTERED SUPPORT / OPPOSITION:
Support
Coalition of California Welfare Rights Organizations
Grace Institute - End Child Poverty in CA
Western Center on Law & Poverty
Opposition
None on file.
Analysis Prepared by: Alexandria Smith / HUM. S. / (916) 319-2089
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 1415 |
THIRD READING
Bill No: SB 1415
Author: Glazer (D), et al.
Introduced: 2/16/24
Vote: 21
SENATE HUMAN SERVICES COMMITTEE: 5-0, 4/15/24
AYES: Alvarado-Gil, Ochoa Bogh, Blakespear, Hurtado, Menjivar
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/16/24
AYES: Caballero, Jones, Ashby, Becker, Bradford, Niello, Wahab
SUBJECT: CalWORKs
SOURCE: Author
DIGEST:
This bill requires counties, for purposes of determining eligibility for specified California Work Opportunity and Responsibility to Kids (CalWORKs) payments issued to prevent eviction, to include amounts from other subsidy programs, as well as private support, when calculating a family’s total monthly household income. Clarifies that the CalWORKs student funding received per quarter or semester can be used for computers as well as books and other college supplies.
ANALYSIS:
Existing Law:
- Provides that CalWORKs students enrolled in a publically funded or nonprofit postsecondary educational institution shall receive a payment of $500 per semester or $350 per quarter for full time enrollment, and $250 per semester or $175 per quarter for part time enrollment in school for paying costs associated with attending school. (WIC 11323.21(a)(1))
- Provides that the above payments shall be considered a standard payment for books and college supplies. (WIC 11323.21(b))
- Establishes the CalWORKs program to provide cash assistance and other social services for low-income families through the federal TANF program. Under CalWORKs, each county provides assistance through a combination of state, county, and federal TANF funds. (WIC 11200 et seq.)
- Makes available an allowance for nonrecurring special needs for a homeless family seeking shelter when the family is eligible for CalWORKs aid. (WIC 11450(f)(3)(A))
- Limits eligibility for housing assistance (HA) to 16 calendar days of temporary HA and one payment of permanent HA every 12 months, with certain exceptions, and requires that a person who applies for these benefits be informed of this time limit. Allows for exceptions to these limits in the case of domestic violence, illness, natural catastrophe, and state or federally declared disaster. (WIC 11450(f)(4)(E)(i))
- Allows a county to require that a recipient of HA who qualifies for benefits for a second time in a 24-month period participate in a homelessness avoidance case plan as a condition of eligibility for HA benefits only if a county provides a housing navigation caseworker to assist with securing permanent housing and housing case management services. (WIC 11450(f)(4)(E)(iii))
- Allows a nonrecurring special needs benefit for permanent HA for last month’s rent and security deposits if these payment are conditions of securing a residence, or to pay for up to two months of rent arrearages, if these payments are a reasonable condition of preventing eviction. (WIC 11450(f)(4)(B)(i))
- Requires the last month’s rent or monthly arrearage portion of the payment without the value of CalFresh or special needs benefits for a family of that size meet both of the following requirements: (a) not exceed 80 percent of the family’s total monthly household income, and (b) be made to families that have found permanent housing costing no more than 80 percent of the family’s total monthly household income. (WIC 11450(f)(4)(B)(ii)(I-II))
This Bill:
- Clarifies that the semester and quarterly payments CalWORKs eligible students enrolled full time or part time at a publicly funded or nonprofit postsecondary educational institution receive can be used for computers as well as books and other college supplies.
- Requires a county human services agency, beginning January 1, 2026, or on the date that the California Statewide Automated Welfare System (CalSAWS) can perform the necessary automation, whichever is later, for purposes of eligibility to secure a payment within the CalWORKs temporary or permanent HA program, to include in the calculation of the family’s total monthly household income, any amount that is regularly received from other government and nonprofit housing and homeless subsidy programs, and any regularly received private support intended or designed to help the family with housing, such as financial support from an individual outside the household.
- Prohibits the additional sources of income towards a family’s total monthly household income from being included in the calculation of the family’s income for purposes of calculating the amount of CalWORKs aid paid.
- Requires the county, beginning January 1, 2026, or on the date that CDSS notifies the Legislature that CalSAWS can perform the necessary automation to implement these provisions, whichever date is later, upon application for temporary or permanent HA, to refer an assistance unit to any other homeless assistance services, including the CalWORKs Housing Support Program, family stabilization, or diversion program, and allows the county to give priority to the assistance unit for those services.
- Requires the county to also refer the assistance unit to other applicable housing programs, including, but not limited to, the Bringing Families Home Program, the Home Safe Program, and the Housing and Disability Advocacy Program.
Comments
According to the author:
“Many of California’s lowest-income families and single parents rely on CalWORKs for cash assistance and other resources to stay housed. However, permanent housing assistance, offered under CalWORKs, is severely under-utilized due in large part to the restrictive income requirements. Under current requirements, applicants to permanent housing assistance cannot pay more than 80% of their income towards rent to qualify. Decades ago, this program established an outdated requirement that no longer reflects the skyrocketing rents. If a CalWORKs family can find permanent housing, our state should encourage and assist them with maintaining it. This bill would ease the qualifications by allowing counties to count government assistance, nonprofit assistance, and private assistance by the CalWORKs family towards the 80% income threshold for this program. This bill would open up eligibility to more CalWORKs families while respecting local control.”
The author goes on to state, “As technology has become an integral part of education, low-income students have not been able to keep up. Students are falling behind as assignments and classes shift to online mediums because they cannot afford laptops. Regardless of how crucial laptops have become for students and their course work, some counties are denying them from using their entitlement towards a laptop. Students participating in the Welfare-to-Work program are entitled to $500 for school materials and textbooks, SB 1415 would clarify students can use their payment, up to $700, to purchase a laptop.”
CalWORKs CalWORKs, the state’s largest anti-poverty program, provides temporary cash assistance aimed at moving children out of poverty and helping qualified low-income families meet their basic needs, such as rent, clothing, utility bills, food, and other items needed to ensure children are cared for at home and safely remain with their families. In addition to cash assistance, adult CalWORKs recipients are provided education and employment and training services designed to help remove barriers to work and promote self-sufficiency. These services are typically outlined in a Welfare-to-Work plan. CDSS is the designated state agency responsible for program supervision at the state level, and counties are responsible for administering the program at the local level.
CalWORKs Homeless Assistance Program The Homeless Assistance Program was established to help families in the CalWORKs Program secure or maintain permanent housing or to provide emergency shelter when a family is experiencing or at risk of homelessness. This program is an entitlement benefit available in all 58 counties, and includes temporary, permanent, and expanded assistance. Temporary assistance provides a daily payment of $85 per day for a family of four (and $15 for each additional family member) to secure housing for up to 16 calendar days within a 12-month period. Permanent homeless assistance through the program can be provided via security deposit costs or up to two months of rent arrearages. In 2020-21, the program approved temporary assistance for 30,863 families and permanent assistance for 1,683 families. According to CDSS, the Homeless Assistance Program caseload averages from 2016-17 through 2020-21 showed an average of approximately 48,352 approvals for temporary homeless assistance, and 4,898 approvals for permanent homeless assistance per year.
A family is eligible for the Homeless Assistance Program if they have received any notice that could lead to an eviction, regardless of the circumstances cited in the notice. Eligible families may receive program benefits once every 12 months, with certain exceptions due to domestic abuse, illness, inhabitability of the home, or declared disaster. When a family receives homeless assistance based on a state or federally declared disaster, it does not count against their once-every-12-months limit, but is limited to once per disaster. In addition, an applicant who is a survivor of domestic abuse is eligible for expanded assistance of 32 days of temporary homeless assistance, rather than the general limit of 16 days of temporary homeless assistance. Expanded homeless assistance for survivors is not limited to once every 12 months.
Currently state law and CDSS regulations do not specify that the county must refer an assistance unit that applies for temporary Homeless Assistance to other homeless assistance program or provide these households priority to those services. This bill requires, beginning January 1, 2026 or on the date that CDSS notifies the Legislature that the California Statewide Automated Welfare System (CalSAWS) can perform the necessary automation, county human services agencies when an assistance unit applies temporary or permanent CalWORKs Homeless Assistance to refer the family to other homeless assistance, including the CalWORKs Housing Support Program, family stabilization, or diversion program, and to other applicable housing programs, including, but not limited to, the Bringing Families Home Program, the Home Safe Program, and the Housing and Disability Advocacy Program. This bill also allows the county to give priority to the assistance unit for those services.
A CalWORKs assistance unit that applies for permanent Homeless Assistance is only eligible for the benefit if they find permanent housing that costs no more than 80 percent of the assistance unit’s total monthly household income without counting the value of CalFresh benefits or special needs benefit for a family of that size. Special needs benefits may include, but not be limited to a pregnancy benefit, or temporary shelter costs benefit. Currently, other government and non-profit housing and homeless subsidy program benefits that a family receives are either not counted towards their income or if they are counted, may cause the family to be ineligible for permanent Homeless Assistance.
Families are most often denied permanent Homeless Assistance due to their rents being more than 80 percent of the family’s total monthly household income. According to data from CDSS, in FY 2020-21, 11 percent of the families who applied for permanent Homeless Assistance were denied. That number increased to 20 percent in FY 2021-22, and thus far from July 2022 through February 2023, approximately 18 percent of the families requesting permanent Homeless Assistance have been denied. This bill instead, for permanent Homeless Assistance eligibility and assistance, allows county human services agencies to include in the calculation of a family’s total monthly household income any amount that is regularly received from other government and nonprofit housing and homeless subsidy programs and any regularly received private support intended or designed to help the family with housing. According to this bill’s supporters, examples include assistance from a philanthropic entity, such as a church.
This bill also requires counties to allow income that is currently not counted towards a family’s household income to be included in the eligibility calculation in an effort to provide this assistance to more applicants.
CalWORKs and College CalWORKs recipients are typically required to enroll in WTW activities 20-30 hours per week in order to receive full CalWORKs benefits. SB 1232 (Glazer, Chapter 366, Statutes of 2020) provided a carve-out for college students who meet the requirement for the standard payment, allowing CalWORKs recipients who are also students attending a publicly funded postsecondary education institution and who meet specified attendance criteria to not be required to complete job club or to participate in WTW activities. SB1232 also allowed these students to receive funds to purchase books prior to the beginning of their academic term.
SB 768 (Glazer, Chapter 447, Statutes of 2022) expanded the exemptions created by SB 1232 by also exempting CalWORKs students (full-time and part-time) who are attending school at a nonprofit education institution from WTW to allow students attending a private, nonprofit postsecondary educational institution to receive a standard payment for college-related expenses, changing the hourly participation rate to be based on instructional hours or academic units, and providing that a summer session shall be deemed to be an academic quarter for these purposes.
Under existing law, CalWORKs students receive $500 each semester or $350 each quarter for full time students and $250 each semester or $175 each quarter for part time student for books and school supplies. The author’s office states they have been made aware that several counties are not allowing students to use this money towards a laptop.
College courses today do not always allow for homework or papers to be submitted in-person in class, but rather require the documents to be uploaded. Often these assignments have a due date of 11:59pm on a specific day, a time when students may not have access to a computer on campus. There are also resources, such as online books and online office hours, which put students without a personal computer at a disadvantage. This bill attempts to bridge this divide by clarifying that existing payments can be used to purchase a computer.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Senate Appropriations Committee:
- Unknown, ongoing General Fund costs, likely low millions, due to an expansion of the permanent HA caseload.
- Cost to counties for administration would be potentially reimbursable by the state, subject to a determination by the Commission on State Mandates.
SUPPORT:
Coalition of California Welfare Rights Organizations
Western Center on Law & Poverty
OPPOSITION:
Prepared by: Heather Hopkins / HUMAN S. / (916) 651-1524
5/17/24 12:27:22
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SENATE COMMITTEE ON APPROPRIATIONS
Senator Anna Caballero, Chair
2023 - 2024 Regular Session
SB 1415 (Glazer) - CalWORKs
Version: February 16, 2024 | Policy Vote: HUMAN S. 5 - 0 |
Urgency: No | Mandate: Yes |
Hearing Date: May 16, 2024 | Consultant: Agnes Lee |
Bill Summary:
SB 1415 would make changes to the CalWORKs Homeless Assistance Program and provide additional payments for CalWORKs students enrolled in a publicly funded or nonprofit postsecondary educational institution.
*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on May 16, 2024
Fiscal Impact:
- Unknown, ongoing General Fund costs, likely low millions, due to an expansion of the permanent HA caseload.
- Cost to counties for administration would be potentially reimbursable by the state, subject to a determination by the Commission on State Mandates.
Author Amendments:
Delete the additional educational payments and instead clarify the allowable use of existing payments; and delete required data collection and reports by the Department of Social Services.
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SENATE COMMITTEE ON
Senator Anna Caballero, Chair
2023 - 2024 Regular Session
SB 1415 (Glazer) - CalWORKs
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
Bill Summary:
SB 1415 would make changes to the CalWORKs Homeless Assistance Program and provide additional payments for CalWORKs students enrolled in a publicly funded or nonprofit postsecondary educational institution.
Fiscal Impact:
- Unknown, ongoing General Fund costs, due to an expansion of the permanent HA caseload.
- Unknown, ongoing General Fund costs for increased education-related payments.
- Cost to counties for administration would be potentially reimbursable by the state, subject to a determination by the Commission on State Mandates.
Background:
CalWORKs provides temporary cash assistance aimed at moving children out of poverty and helping qualified low-income families meet their basic needs, such as rent, clothing, utility bills, food, and other items needed to ensure children are cared for at home and safely remain with their families.
The Homeless Assistance Program (HA) was established to help families in the CalWORKs Program secure or maintain permanent housing or to provide emergency shelter when a family is experiencing or at risk of homelessness. HA is an entitlement benefit available in all 58 counties, and includes temporary, permanent, and expanded assistance. A nonrecurring special needs benefit for temporary HA assistance provides a daily payment of $85 per day for a family of four (and $15 for each additional family member), up to a daily maximum of $145 to secure housing for up to 16 calendar days within a 12-month period. A nonrecurring special needs benefit for permanent HA assistance can be provided to pay for last month’s rent and security deposits if these payments are conditions of securing a residence, or to pay for up to two months of rent arrearages, if these payments are a reasonable condition of preventing eviction.
A CalWORKs family that applies for permanent HA is only eligible for the benefit if they find permanent housing that costs no more than 80 percent of the family’s total monthly household income without counting the value of CalFresh benefits or special needs benefit for a family of that size and limits the last month’s rent or monthly arrearage portion of the payment to 80 percent of the family’s total monthly household income without counting the value of CalFresh benefits or special needs benefit for a family of that size.
Current law provides that CalWORKs students enrolled in a publicly funded or nonprofit postsecondary educational institution must receive a payment of $500 per semester or $350 per quarter for full time enrollment, and $250 per semester or $175 per quarter for part time enrollment in school for paying costs associated with attending school. Current law provides that the these payments are considered a standard payment for books and college supplies, and that if costs for students for books and college supplies go above the amounts indicated above, the student may request reimbursement from the county for those additional costs.
Proposed Law:
Specific provisions of the bill would:
- Require the county, upon application for temporary or permanent homeless assistance, to refer an assistance unit to any other homeless assistance services, including the CalWORKs Housing Support Program, family stabilization, or diversion program; and provide that the county may give priority to the assistance unit for those services.
- Require the county human services agency, for a nonrecurring special needs benefit for permanent HA, to include in the calculation of the family’s total monthly household income any amount that is regularly received from other government and nonprofit housing and homeless subsidy programs and any regularly received private support intended or designed to help the family with housing, such as financial support from an individual outside the household; and prohibit the additional sources of income towards a family’s total monthly household income, from being included in the calculation of the family’s income for purposes of calculating the amount of CalWORKs aid paid.
- Require CDSS to collect statewide data to determine the amount of applicants for homeless assistance; the income level of the applicants; race, ethnicity, sexual orientation, and gender identity of the applicants; whether the applicants are approved or denied for homeless assistance; and, if the applicant is denied, the reason for the denial.
- Require CDSS to annually submit to appropriate legislative budget committees a report with the results of the homeless assistance data collection described above and post that report on the department’s internet website.
- Require that CalWORKs students enrolled in a publicly funded or nonprofit postsecondary educational institution must also receive a one-time payment of $700 for the purpose of paying costs associated with attending the publicly funded or nonprofit postsecondary educational institution, which must be made 10 days before the beginning of an academic semester or quarter; and require the payment amount to be adjusted every three years based on the California Necessities Index.
Related Legislation:
SB 773 (Glazer, 2023) included similar provisions related to the HA. The bill was vetoed by the Governor.
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SENATE COMMITTEE ON HUMAN SERVICES
Senator Alvarado-Gil, Chair
2023 - 2024 Regular
Bill No: | SB 1415 | ||
Author: | Glazer | ||
Version: | February 16, 2024 | Hearing Date: | April 15, 2024 |
Urgency: | No | Fiscal: | Yes |
Consultant: | Heather Hopkins | ||
Subject: CalWORKs
SUMMARY
This bill requires counties, for purposes of determining eligibility for specified California Work Opportunity and Responsibility to Kids (CalWORKs) payments issued to prevent eviction, to include amounts from other subsidy programs, as well as private support, when calculating a family’s total monthly household income. This bill requires the California Department of Social Services (CDSS) to collect specific, statewide data regarding homeless assistance and to annually submit a report to the legislature. This bill also provides eligible CalWORKs students to receive a one-time payment of $700 for the purposes of paying costs associated with attending a postsecondary educational institution.
ABSTRACT
Existing Law:
- Provides that CalWORKs students enrolled in a publically funded or nonprofit postsecondary educational institution shall receive a payment of $500 per semester or $350 per quarter for full time enrollment, and $250 per semester or $175 per quarter for part time enrollment in school for paying costs associated with attending school. (WIC 11323.21(a)(1))
- Provides that the above payments shall be considered a standard payment for books and college supplies. (WIC 11323.21(b))
- Provides that if costs for students for books and college supplies go above the amount indicated above, the student may request reimbursement from the county for those additional costs. (WIC 11323.21(c))
- Allows for a county to satisfy the above payment through the use of a book voucher or other means of payment to the store or stores that carry the required books. (WIC 11323.21(d))
- Establishes the federal Temporary Assistance for Needy Families (TANF) program, which permits states to implement the program under a state plan. (42 USC 601 et seq.)
- Establishes the CalWORKs program to provide cash assistance and other social services for low-income families through the federal TANF program. Under CalWORKs, each county provides assistance through a combination of state, county, and federal TANF funds. (WIC 11200 et seq.)
- Makes available an allowance for nonrecurring special needs for a homeless family seeking shelter when the family is eligible for CalWORKs aid. (WIC 11450(f)(3)(A))
- Limits eligibility for housing assistance (HA) to 16 calendar days of temporary HA and one payment of permanent HA every 12 months, with certain exceptions, and requires that a person who applies for these benefits be informed of this time limit. Allows for exceptions to these limits in the case of domestic violence, illness, natural catastrophe, and state or federally declared disaster. (WIC 11450(f)(4)(E)(i))
- Allows a county to require that a recipient of HA who qualifies for benefits for a second time in a 24-month period participate in a homelessness avoidance case plan as a condition of eligibility for HA benefits only if a county provides a housing navigation caseworker to assist with securing permanent housing and housing case management services. (WIC 11450(f)(4)(E)(iii))
- Allows a nonrecurring special needs benefit for permanent HA for last month’s rent and security deposits if these payment are conditions of securing a residence, or to pay for up to two months of rent arrearages, if these payments are a reasonable condition of preventing eviction. (WIC 11450(f)(4)(B)(i))
- Requires the last month’s rent or monthly arrearage portion of the payment without the value of CalFresh or special needs benefits for a family of that size meet both of the following requirements: (a) not exceed 80 percent of the family’s total monthly household income, and (b) be made to families that have found permanent housing costing no more than 80 percent of the family’s total monthly household income. (WIC 11450(f)(4)(B)(ii)(I-II))
This Bill:
- Provides for a one-time payment of $700 for all CalWORKs eligible students enrolled full time or part time at a publicly funded or nonprofit postsecondary educational institution. Requires this payment be made 10 days before the beginning of the academic semester or quarter and shall be adjusted every three years based on the California Necessities Index.
- Requires a county human services agency, beginning January 1, 2026, or on the date that the California Statewide Automated Welfare System (CalSAWS) can perform the necessary automation, whichever is later, for purposes of eligibility to secure a payment within the CalWORKs temporary or permanent HA program, to include in the calculation of the family’s total monthly household income, any amount that is regularly received from other government and nonprofit housing and homeless subsidy programs, and any regularly received private support intended or designed to help the family with housing, such as financial support from an individual outside the household.
- Prohibits the additional sources of income towards a family’s total monthly household income, as described in 1), from being included in the calculation of the family’s income for purposes of calculating the amount of CalWORKs aid paid.
- Requires the county, beginning January 1, 2026, or on the date that CDSS notifies the Legislature that CalSAWS can perform the necessary automation to implement these provisions, whichever date is later, upon application for temporary or permanent HA, to refer an assistance unit to any other homeless assistance services, including the CalWORKs Housing Support Program, family stabilization, or diversion program, and allows the county to give priority to the assistance unit for those services.
- Requires the county to also refer the assistance unit to other applicable housing programs, including, but not limited to, the Bringing Families Home Program, the Home Safe Program, and the Housing and Disability Advocacy Program.
- Requires CDSS, beginning January 1, 2026, or on the date that CDSS notifies the Legislature that CalSAWS can perform the necessary automation to implement these provisions, whichever date is later, to collect statewide data to determine the amount of applications for homeless assistance provided under these provisions, the income level of the applicants, whether the applicants are approved or denied for homeless assistance, and, if the applicant is denied, the reason for the denial.
- Requires CDSS to annually submit a report to the appropriate legislative budget committee with the results of the data collection described above and post that report on the CDSS website.
FISCAL IMPACT
This bill has not yet been analyzed by a fiscal committee.
BACKGROUND AND DISCUSSION
Purpose of the Bill:
According to the author, “Many of California’s lowest-income families and single parents rely on CalWORKs for cash assistance and other resources to stay housed. However, permanent housing assistance, offered under CalWORKs, is severely under-utilized due in large part to the restrictive income requirements. Under current requirements, applicants to permanent housing assistance cannot pay more than 80% of their income towards rent to qualify. Decades ago, this program established an outdated requirement that no longer reflects the skyrocketing rents. If a CalWORKs family can find permanent housing, our state should encourage and assist them with maintaining it. This bill would ease the qualifications by allowing counties to count government assistance, nonprofit assistance, and private assistance by the CalWORKs family towards the 80% income threshold for this program. This bill would open up eligibility to more CalWORKs families while respecting local control.”
The author goes on to state, “As technology has become an integral part of education, low-income students have not been able to keep up. Students are falling behind as assignments and classes shift to online mediums because they cannot afford laptops. Regardless of how crucial laptops have become for students and their course work, some counties are denying them from using their entitlement towards a laptop. Students participating in the Welfare-to-Work program are entitled to $500 for school materials and textbooks, SB 1415 would clarify students can use their payment, up to $700, to purchase a laptop.”
CalWORKs
CalWORKs, the state’s largest anti-poverty program, provides temporary cash assistance aimed at moving children out of poverty and helping qualified low-income families meet their basic needs, such as rent, clothing, utility bills, food, and other items needed to ensure children are cared for at home and safely remain with their families. In addition to cash assistance, adult CalWORKs recipients are provided education and employment and training services designed to help remove barriers to work and promote self-sufficiency. These services are typically outlined in a Welfare-to-Work plan. CDSS is the designated state agency responsible for program supervision at the state level, and counties are responsible for administering the program at the local level.
CalWORKs Homeless Assistance Program
The Homeless Assistance Program was established to help families in the CalWORKs Program secure or maintain permanent housing or to provide emergency shelter when a family is experiencing or at risk of homelessness. This program is an entitlement benefit available in all 58 counties, and includes temporary, permanent, and expanded assistance. Temporary assistance provides a daily payment of $85 per day for a family of four (and $15 for each additional family member) to secure housing for up to 16 calendar days within a 12-month period. Permanent homeless assistance through the program can be provided via security deposit costs or up to two months of rent arrearages. In 2020-21, the program approved temporary assistance for 30,863 families and permanent assistance for 1,683 families. According to CDSS, the Homeless Assistance Program caseload averages from 2016-17 through 2020-21 showed an average of approximately 48,352 approvals for temporary homeless assistance, and 4,898 approvals for permanent homeless assistance per year.
A family is eligible for the Homeless Assistance Program if they have received any notice that could lead to an eviction, regardless of the circumstances cited in the notice. Eligible families may receive program benefits once every 12 months, with certain exceptions due to domestic abuse, illness, inhabitability of the home, or declared disaster. When a family receives homeless assistance based on a state or federally declared disaster, it does not count against their once-every-12-months limit, but is limited to once per disaster. In addition, an applicant who is a survivor of domestic abuse is eligible for expanded assistance of 32 days of temporary homeless assistance, rather than the general limit of 16 days of temporary homeless assistance. Expanded homeless assistance for survivors is not limited to once every 12 months.
Currently state law and CDSS regulations do not specify that the county must refer an assistance unit that applies for temporary Homeless Assistance to other homeless assistance program or provide these households priority to those services. This bill requires, beginning January 1, 2026 or on the date that CDSS notifies the Legislature that the California Statewide Automated Welfare System (CalSAWS) can perform the necessary automation, county human services agencies when an assistance unit applies temporary or permanent CalWORKs Homeless Assistance to refer the family to other homeless assistance, including the CalWORKs Housing Support Program, family stabilization, or diversion program, and to other applicable housing programs, including, but not limited to, the Bringing Families Home Program, the Home Safe Program, and the Housing and Disability Advocacy Program. This bill also allows the county to give priority to the assistance unit for those services.
A CalWORKs assistance unit that applies for permanent Homeless Assistance is only eligible for the benefit if they find permanent housing that costs no more than 80 percent of the assistance unit’s total monthly household income without counting the value of CalFresh benefits or special needs benefit for a family of that size. Special needs benefits may include, but not be limited to a pregnancy benefit, or temporary shelter costs benefit. Currently, other government and non-profit housing and homeless subsidy program benefits that a family receives are either not counted towards their income or if they are counted, may cause the family to be ineligible for permanent Homeless Assistance.
Families are most often denied permanent Homeless Assistance due to their rents being more than 80 percent of the family’s total monthly household income. According to data from CDSS, in FY 2020-21, 11 percent of the families who applied for permanent Homeless Assistance were denied. That number increased to 20 percent in FY 2021-22, and thus far from July 2022 through February 2023, approximately 18 percent of the families requesting permanent Homeless Assistance have been denied. This bill instead, for permanent Homeless Assistance eligibility and assistance, allows county human services agencies to include in the calculation of a family’s total monthly household income any amount that is regularly received from other government and nonprofit housing and homeless subsidy programs and any regularly received private support intended or designed to help the family with housing. According to this bill’s supporters, examples include assistance from a philanthropic entity, such as a church.
County human services agencies provide a monthly statistical report to CDSS that includes: the number of homeless assistance requests carried forward from the last month; number of homeless assistance requests made, pending, approved, and denied; number of temporary shelter days authorized; number of requests granted temporary shelter based on apparent eligibility but subsequently found ineligible during the month; and net monthly expenditures for temporary and permanent homeless assistance. According to CDSS, the report provides county, state, and federal entities with information needed for budgeting, staffing, program planning, and other purposes.
This bill requires CDSS to collect statewide data to determine the amount of applicants for CalWORKs temporary and permanent homeless assistance, the income level of the applicants, whether the applicants are approved or denied for homeless assistance, and, if the applicant is denied, the reason for the denial. As CDSS already collects some of this information already, the bill would require additional data points to be collected.
This bill also requires counties to allow income that is currently not counted towards a family’s household income to be included in the eligibility calculation in an effort to provide this assistance to more applicants.
CalWORKs and College
CalWORKs recipients are typically required to enroll in WTW activities 20-30 hours per week in order to receive full CalWORKs benefits. SB 1232 (Glazer, Chapter 366, Statutes of 2020)
provided a carve-out for college students who meet the requirement for the standard payment, allowing CalWORKs recipients who are also students attending a publicly funded postsecondary education institution and who meet specified attendance criteria to not be required to complete job club or to participate in WTW activities. SB1232 also allowed these students to receive funds to purchase books prior to the beginning of their academic term.
SB 768 (Glazer, Chapter 447, Statutes of 2022) expanded the exemptions created by SB 1232 by also exempting CalWORKs students (full-time and part-time) who are attending school at a nonprofit education institution from WTW to allow students attending a private, nonprofit postsecondary educational institution to receive a standard payment for college-related expenses, changing the hourly participation rate to be based on instructional hours or academic units, and providing that a summer session shall be deemed to be an academic quarter for these purposes.
Under existing law, CalWORKs students receive $500 each semester or $350 each quarter for full time students and $250 each semester or $175 each quarter for part time student for books and school supplies. The author’s office states they have been made aware that several counties are not allowing students to use this money towards a laptop.
College courses today do not always allow for homework or papers to be submitted in-person in class, but rather require the documents to be uploaded. Often these assignments have a due date of 11:59pm on a specific day, a time when students may not have access to a computer on campus. There are also resources, such as online books and online office hours, which put students without a personal computer at a disadvantage. This bill attempts to bridge this divide by giving students a one-time payment of $700.
Related/Prior Legislation:
SB 773 (Glazer, 2023), similar to SB 1415, would have required counties, for the purposes of determining eligibility for CalWORKs Homeless Assistance payments issued to prevent eviction, to include amounts from other subsidy programs or private support, when calculating a family’s total monthly household income. SB 773 would have also required CDSS to collect specific, statewide data regarding homeless assistance, and would have established a statewide stakeholder advisory group to develop specified recommendations to better support CalWORKs recipients in need of permanent housing. SB 773 was vetoed by Governor Newsom.
SB 1083 (Skinner, Chapter 715, Statutes of 2022), among other things, allowed a family to be eligible for CalWORKs Homeless Assistance if they have received any notice that could lead to an eviction, regardless of the circumstances cited in the notice, and provided that a county can only require a family to participate in a “homelessness avoidance case plan” as a condition of receiving Homeless Assistance twice in a 24-month period if that county has also provided a caseworker who can assist with securing permanent housing.
SB 768 (Glazer, Chapter 447, Statutes of 2022) expanded provisions of an existing CalWORKs program to allow students attending a private, nonprofit postsecondary educational institution to receive a standard payment for college-related expenses, changes the hourly participation rate to be based on instructional hours or academic units, and provides that a summer session shall be deemed to be an academic quarter for these purposes.
AB 2230 (Gipson, 2022) would have required families receiving temporary shelter assistance through the CalWORKs Homeless Assistance program to receive 16 days of temporary shelter assistance in the form of a one-time payment, instead of receiving 16 days of temporary shelter assistance in the form of an initial payment of three days that can be extended in one-week increments. AB 2230 was vetoed by the Governor.
SB 1232 (Glazer, Chapter 366, Statutes of 2020) required that CalWORKs eligible individuals participating in a full time or part time educational activity at a publicly funded postsecondary educational institution receive a standard payment for books and college supplies of $175 to $500 per semester or quarter, as specified. This bill exempts such applicants or recipients from participating in specified work activities and revises applicable assessment requirements.
SB 1065 (Hertzberg, Chapter 152, Statutes of 2020) made various changes to CalWORKs Homeless Assistance, including removing liquid resource limits, simplifying verification of homelessness, and expanding eligibility as a result of a state or federally declared disaster, among other changes.
SB 374 (Glazer, 2019) would have required a CalWORKs eligible individual participating in an educational activity full time and making satisfactory progress, to receive a standard allowance of $500; be deemed to be meeting all welfare-to-work requirements, including the hourly participation requirements; be entitled to advance payments for allowance or reimbursement and other necessary supportive services, as specified; and is entitled to an extension of the 24-month cumulative participation period. SB 374 was held in the Senate Appropriations Committee.
SB 960 (Maienschein, Chapter 444, Statutes of 2019) expanded the type of housing for which a CalWORKs HA payment can be made to include a person with whom, or an establishment with which, the family requesting assistance has executed a valid lease, sublease, or shared housing agreement.
AB 1811 (Committee on Budget, Chapter 35, Statutes of 2018) increased, as of January 1, 2019, the daily rate for CalWORKs temporary Homeless Assistance from $65 a day to $85 a day for a family with up to four members, and increased the daily maximum from $125 to $145.
COMMENTS
The homeless assistance portions of this bill are virtually identical to last year’s SB 773 (Glazer). That bill was vetoed by Governor Newsome, with a veto message stating:
“This bill would require counties to consider an expanded definition of income for purposes of calculating total monthly household income for CalWORKS Permanent Homeless Assistance (HA) Program eligibility. The California Department of Social Services (CDSS) would be required to collect statewide data regarding HA and convene a statewide stakeholder advisory group.
“I appreciate the author's intent to get more people at risk of homelessness into permanent housing. My Administration has made significant investments to combat homelessness and provide housing supports. However, this bill would result in an ongoing annual fiscal impact to the state of more than a million dollars a year….With our state facing continuing economic risk and revenue uncertainty, it is important to remain disciplined when considering bills with significant fiscal implications, such as this measure. For this reason, I cannot sign this bill.”
SB 1415 differs from SB 773 in ways that address the Governor’s above cost concerns. SB 773 would have required CDSS to collect statewide data and establish a statewide stakeholder advisory group to develop recommendations to better support CalWORKs recipients in need of permanent housing. SB 1415 does not require a statewide stakeholder advisory group, and instead simply requires CDSS to report to the legislature annually.
The second portion of this bill provides for a $700 payment to CalWORKs students. The author states the goal is that this money is to be used for a laptop, citing issues with counties who vary in whether they allow existing CalWORKs student funding for books and school supplies to be used for a laptop or not. The language of this bill does not provide any parameters on how the $700 is to be spent. If the goals is for this money to be used exclusively for a laptop, desktop, tablet or similar, the author may wish to add language specifying what the $700 can and cannot be used for.
POSITIONS
Support:
Coalition of California Welfare Rights Organizations
Oppose:
None
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Discussed in Hearing
1MIN
Assembly Floor
4MIN
Assembly Standing Committee on Human Services
5MIN
Senate Standing Committee on Human Services
Bill Author
