HomeMy WebLinkAboutMINUTES - 08162011 - C.33RECOMMENDATION(S):
SUPPORT Assembly Bill 6 (Fuentes): CalWORKs and CalFresh, a bill that repeals the
provisions relating to fingerprinting for eligibility purposes under the CalWORKs program
and CalFresh and the quarterly reporting requirements under the CalWORKs program,
imposes a semiannual reporting period, requires an income reporting threshold for program
recipient, revises CalWORKS grant overpayment collection provisions, authorizes counties
to adopt staggered semiannual report requirements, and requires the development of a utility
assistance initiative, as recommended by the Director of the Employment and Human
Services Department.
FISCAL IMPACT:
Per the Assembly Appropriations Committee, first year costs for the three program changes
required by this bill would be approximately $11 million ($8 million TANF/General Fund).
By the second year, the remaining up-front automation and training costs for the semiannual
reporting would be fully offset by one half year of administrative savings for a net savings
to the State of $17 million ($16 million TANF/General Fund). The Committee estimated
that on-going savings and workload relief for counties (statewide) would be approximately
$77 million annually ($51 million
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 08/16/2011 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I
Supervisor
Gayle B. Uilkema, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: L. DeLaney,
925-335-1097
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: August 16, 2011
David Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C.33
To:Board of Supervisors
From:Legislation Committee
Date:August 16, 2011
Contra
Costa
County
Subject:SUPPORT AB 6 (Fuentes): CalWORKs and CalFresh
FISCAL IMPACT: (CONT'D)
TANF/General Fund).
The Committee also projects that these changes would result in additional benefits to the
State, including $850 million in federal Supplemental Nutritional Assistance Program
(CalFresh) funding and $23 million in additional sales tax revenue for the General Fund.
Approximately $45 million dollars in additional federal funding could come to the State
to provide these children with free school lunches and breakfasts. Finally, several million
dollars in increased federal child welfare services funds could be received by the State.
BACKGROUND:
Introduced by Assembly Member Felipe Fuentes, Assembly Bill 6 would increase access
to and participation in CalFresh by moving to a semi-annual reporting period, eliminating
the Statewide Finger Imaging System (SFIS), and implementing a "Heat and Eat"
program.
The author notes that in difficult budget times, opportunities to improve nutrition for
low-income Californians are rare: this bill will bring more federal funds to the State while
also reducing State fiscal pressures.
Existing law Federal law requires states to implement a system to disburse federal
benefits through the Temporary Assistance to Needy Families (TANF) program and the
Supplemental Nutritional Assistance Program (SNAP) block grants. In California those
programs are implemented through the CalWORKsand CalFresh programs.
Federal law requires California to review recipient eligibility and grant amounts. State
law requires quarterly reviews of eligibility and prospective budgeting. State law also
specifies that counties may implement staggered reporting cycles, establishes criteria for
a complete report, and defines steps to be taken when a recipient fails to submit a
complete report.
Federal law directs states to establish a system to ensure that no individual receives
supplemental nutrition assistance benefits more than once a month, but federal law does
not require recipients to be fingerprinted. California law requires fingerprints be
submitted as a condition of the application.
California participation is low. Half of eligible Californians receive CalFresh, according
to reports by the United States Department of Agriculture (USDA). The State ranked
second to last in 2008 among states in use of benefits by eligible residents, and California
ranked last in use of benefits among eligible working poor families, according to the
USDA. USDA lists California among traditionally poor performing states. California's
low participation has been a concern of the federal government, which provides 100
percent of the funding for CalFresh benefits.
In Contra Costa County, more than 100,000 individuals are eligible for, but not receiving
food assistance. Approximately 16% of adults in Contra Costa County are living in food
insecure households.
California is one of three states and one city that require fingerprinting as a condition of
eligibility. By fingerprinting applicants, counties are able to determine whether the same
applicant receives duplicate benefits in another county or under another name.
A 2003 Bureau of State Audits report, "Statewide Fingerprint Imaging System:The State
Must Weigh Factors Other Than Need and Cost-Effectiveness When Determining Future
Funding for the System," concluded that the State "was remiss" in implementing the
system before determining the extent of duplicate aid fraud. It noted that other computer
checks are in place to ensure that duplication and other forms of fraud are identified. It
said that in 1998, the USDA had expressed concern about the ability of DSS to identify
the extent of duplicate-aid fraud throughout the State.
The primary benefits that the State derives from continuing to use SFIS are the proven
effectiveness of fingerprint imaging technology to identify duplicate fingerprints and its
ability to identify applicants who may travel from county to county seeking duplicate aid.
On the other hand, most of the matches that SFIS identified have turned out to be
administrative errors made by county staff, and the level of detected duplicate-aid fraud
has been small.
The USDA notes that states with finger imaging requirements have an average 7 percent
lower participation rate when compared to similar states, and USDA is concerned enough
about the deterrent factor that it has prohibited other states from requiring applicants to be
fingerprinted.
In a May 7, 2010 letter to the director of DSS, the undersecretary of USDA's Food,
Nutrition and Consumer services branch emphasized the agency's serious concerns that
finger imaging requirements may be a barrier to participation and encouraged DSS to
"actively consider" more cost-effective alternatives to finger imaging. In a letter to the
author sent in May of 2011, the USDA Under Secretary noted, "There are serious
concerns that finger imaging requirements may be a barrier to participation among many
of the hard to reach eligible populations who wish to enroll in the program? We must
ensure that we are not creating unnecessary barriers in the application process."
The counties also use a computerized "Income and Eligibility Verification System"
currently to detect other types of fraud. This system also is employed by the counties for
use in tracking fraud in their general assistance programs.
California is the only state that continues to require quarterly reporting; 47 other states,
Guam, the U.S. Virgin Islands and the District of Columbia have moved to
Guam, the U.S. Virgin Islands and the District of Columbia have moved to
semiannualreporting. For two years, the USDA has requested that California move to a
simplified reporting system, citing concerns with low participation and a belief that
streamlining the reporting process would result in better access for participants and
improved program administration and accuracy.
USDA findings from other states indicate moving to semiannual reporting would limit
the number of changes that need to be reported by CalFresh participants, thus improving
the state's reporting error rate. Moving to semiannual reporting should also measurably
reduce county administrative workload and provide greater access to CalFresh because
there would be fewer terminations due to incomplete recertifications.
In September 2009, the USDA rejected a DSS request to extend the current quarterly
reporting waiver for an additional four years. Instead, USDA granted a six-month
extension to develop a plan for converting to a simplified reporting system. Upon
submission of the plan in February 2010, DSS received an additional 12-month extension
of the current waiver during which time the state was supposed to begin implementation.
This bill is a necessary part of that plan. In March, the waiver extension expired, and DSS
requested a 38-month extension in order to implement semiannual reporting. The USDA
refused this request, granting a six-month extension - to September 30, 2011 - and give
DSS time to obtain necessary legislative authority and to take other steps to implement
semiannual reporting.
This bill seeks to keep CalFresh and CalWORKs aligned by moving CalWORKs
recipients to a semiannual reporting system as well. DSS estimates approximately 40
percent of CalFresh recipients also receive CalWORKs, and reporting for the two
programs is currently done jointly. Separating the two functions could create additional
workload, inefficiency, and confusion among participants.
The bill codifies California's current income reporting threshold requirements for both
CalWORKs and CalFresh participants.
Economic impact of CalFresh CalFresh benefits have the highest economic multiplier
effect of all government programs or fiscal policy tools that stimulate the economy,
according to Moody's Investor Services, an independent financial services research firm.
Moody's projects that for every $1 spent from CalFresh benefits, $1.74 is generated in
economic activity.
Increased CalFresh participation would generate additional General Fund revenues due to
increased taxable purchases by recipients.
The establishment of a Home Energy Assistance Program, "Heat and Eat," funded
through existing federal block grant allocations from the Low-Income Home Energy
Assistance Program, would result in additional utility benefits for needy families.
Enrollees in the CalFresh program automatically would be enrolled also in the energy
Enrollees in the CalFresh program automatically would be enrolled also in the energy
assistance program.
This automatic enrollmentwould allow CalFresh applicants to claim the standard utility
allowance, simplifying paperwork by not requiring applicants to submit a utility bill for
use in calculating benefits. Many CalFresh recipients lose benefits because they do not
submit any utility verification to use in benefit calculation. Use of the standard utility
allowance would increase the amount of federal CalFresh benefits to many participants.
Arguments for: The California Food Policy Advocates contend that increasing
participation levels to near 100 percent of eligible households, as other states have done,
could mean an additional $4.9 billion in federal benefits for needy Californians, with the
potential to benefit all Californians through the more than $8.7 billion in associated
economic activity. Supporters also believe the bill will lead to increased senior
enrollment in CalFresh: research shows that CalFresh is underutilized among seniors, and
that higher participation in the program would result in better nutrition for older
Californians.
Arguments against: Los Angeles County opposes the bill unless amended, arguing that
elimination of the finger imaging system would remove an important anti-fraud tool
which increases public confidence in the integrity of the welfare system and costs 37
cents per $100 of CalWORKs costs. Maintaining the fingerprint system is also critical,
says the county, to its cross check of General Assistance applicants against CalWORKs
and CalFresh cases. The County is, however, amenable to dropping the imaging
requirement for CalFresh-only cases, and does support the move to semiannual reporting.
Support:
California Food Policy Advocates (sponsor) Alameda County Community Food Bank
California Catholic Conference, Inc. California Chamber of Commerce California
Communities United Institute California Farm Bureau Federation California Grocers
Association California Hunger Action Coalition California Immigrant Policy Center
California Pan-Ethnic Health Network California Restaurant Association California
Retailers Association City and County of San Francisco City of Los Angeles County
Welfare Directors Association Having Our Say Coalition National Association of Social
Workers, California Chapter San Diego Food Bank San Francisco Food Bank Silicon
Valley Community Foundation Western Center on Law and Poverty Yolo County Board
of Supervisors 1 individual
Oppose:
California District Attorneys Association Los Angeles County Board of Supervisors
(unless amended)
DISPOSITION: Pending
DISPOSITION: Pending
COMMITTEE: Senate Appropriations Committee
HEARING: 08/15/2011 10:00 am, Burton Hearing Room (4203)
CONSEQUENCE OF NEGATIVE ACTION:
The Board of Supervisors' support of this bill will not be formally recognized.
CHILDREN'S IMPACT STATEMENT:
This bill supports two of the community outcomes established in the Children's Report
Card:
1) Families that are economically self sufficient
2) Families that are safe, stable and nurturing
ATTACHMENTS
AB 6 (Fuentes) bill text
AMENDED IN ASSEMBLY APRIL 12, 2011
california legislature—2011–12 regular session
ASSEMBLY BILL No. 6
Introduced by Assembly Member Fuentes
(Coauthors: Assembly Members Beall, Blumenfield, Dickinson, Hall,
Roger Hernández, Bonnie Lowenthal, Skinner, Solorio, and
Yamada)
(Coauthor: Senator Pavley)
December 6, 2010
An act to amend Sections 11020, 11320.2, 11372, 11450, 11450.12,
11450.13, 11451.5, and 18901.4 of, to add Section 18901.2 to, to repeal
Chapter 4.6 (commencing with Section 10830) of Part 2 of Division 9
of, and to repeal and add Sections 11004.1, 11265.1, 11265.2, 11265.3,
and 18910 of, the Welfare and Institutions Code, relating to public
social services.
legislative counsel’s digest
AB 6, as amended, Fuentes.CalWORKs and CalFresh Program.
Existing law requires each county to provide cash assistance and other
social services to needy families through the California Work
Opportunity and Responsibility to Kids (CalWORKs) program using
federal Temporary Assistance to Needy Families (TANF) block grant
program, state, and county funds.
Existing federal law provides for the federal Supplemental Nutrition
Assistance Program (SNAP), known in California as the CalFresh
Program CalFresh, formerly the Food Stamp Program, under which
food stampsnutrition assistance benefits allocated to the state by the
federal government are distributed to eligible individuals by each county.
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(1) Existing law requires the State Department of Social Services
and the California Health and Human Services Agency Data Center to
design, implement, and maintain a statewide fingerprint imaging system
for use in connection with the determination of eligibility for benefits
under the CalWORKs program, excluding the Aid to Families with
Dependent Children-Foster Care program, and the CalFresh Program.
Existing law, with specified exceptions, requires applicants for, and
recipients of, CalWORKs and CalFresh benefits, as a condition of
eligibility, to be fingerprint imaged, pursuant to the statewide fingerprint
imaging system.
This bill would repeal these provisions relating to fingerprints and
would make related conforming changes.
(2) Under existing law, the county is required to annually redetermine
eligibility for CalWORKs benefits. Existing law additionally requires
the county to implement a recipient monthly reporting system, consistent
with federal law until the Director of Social Services makes a specified
declaration, at which time the county would be required to redetermine
recipient eligibility and grant amounts on a quarterly basis, using
prospective budgeting, and to prospectively determine the grant amount
that a recipient is entitled to receive for each month of the quarterly
reporting period. Under existing law, a CalWORKs recipient is required
to report to the county, orally or in writing, specified changes that could
affect the amount of aid to which the recipient is entitled. Under existing
law, the CalWORKs quarterly reporting system is also implemented
by the State Department of Social Services in administering SNAP.
This bill would repeal the requirements relating to quarterly reporting
and prospective determination grant amounts, and would, instead,
impose similar requirements for a semiannual reporting period, operative
July 1, 2012, to be implemented no later than January 1, 2013, except
as prescribed. The bill would also require the department to establish
an income reporting threshold for CalWORKs recipients, as specified.
The bill would make various related conforming changes, including
revising provisions relating to the collection of CalWORKs grant
overpayments and self-sufficiency review requirements. The bill would
authorize counties to adopt staggered semiannual reporting requirements,
as specified. The bill would authorize the department to implement the
semiannual reporting provisions through all-county letters until the
adoption of implementing regulations, as prescribed.
(3) This bill would, to the extent permitted by federal law, require
the State Department of Social Services, in conjunction with the State
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Department of Community Services and Development, to design,
implement, and maintain a utility assistance initiative, under which the
State Department of Social Services would be required to grant
applicants and recipients of CalFresh benefits a nominal Low Income
Home Energy Assistance Program (LIHEAP) benefit Home Energy
Assistance Program (HEAP) benefit, as specified.
(4) Existing law continuously appropriates moneys from the General
Fund to defray a portion of county costs under the CalWORKs program.
This bill would, instead, provide that the continuous appropriation
would not be made for purposes of implementing the bill.
(5) To the extent that the bill would expand eligibility for CalWORKs
and CalFresh benefits, the bill would create a state-mandated local
program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these statutory
provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
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SECTION 1.Chapter 4.6 (commencing with Section 10830)
of Part 2 of Division 9 of the Welfare and Institutions Code is
repealed.
SEC. 2.Section 11004.1 of the Welfare and Institutions Code
is repealed.
SEC. 3.Section 11004.1 is added to the Welfare and
Institutions Code, to read:
11004.1.(a) In addition to Section 11004, this section shall
apply to the CalWORKs program.
(b) The amount of any CalWORKs grant overpayment shall be
the difference between the grant amount the assistance unit actually
received and the grant amount the assistance unit would have
received under the semiannual reporting, prospective budgeting
system if no county error had occurred and if the recipient had
timely, completely, and accurately reported as required under
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Sections 11265.1 and 11265.3. No overpayment shall be
established based on any differences between the amount of income
the county prospectively determined for the recipient for the
semiannual reporting period and the income the recipient actually
received during that period, provided the recipient’s report was
complete and accurate.
(c) No CalWORKs grant underpayment shall be established
based on any differences between the amount of income the county
prospectively determined for the recipient for the semiannual
reporting period and the income the recipient actually received
during that period.
SEC. 4.Section 11020 of the Welfare and Institutions Code,
as amended by Section 26 of Chapter 1022 of the Statutes of 2002,
is amended to read:
11020.(a) Where a recipient under a categorical aid program
other than CalWORKs has received aid in good faith but in fact
owned excess property, he or she shall be considered to have been
ineligible for aid during the period for which any excess property
would have supported him or her at the rate of the aid granted to
him or her. Under these circumstances, the recipient or his or her
estate shall repay the aid he or she received during this period of
ineligibility.
(b) With respect to recipients under Chapter 3 (commencing
with Section 12000), overpayments shall be collected by the federal
government pursuant to federal law.
(c) Where a CalWORKs recipient has received aid in good faith,
but in fact owned excess property, the recipient shall have an
overpayment equal to the lesser of the amount of the excess
property or the aid received during the period the recipient owned
the excess property and the grant was not accurately determined
under the semiannual reporting, prospective budgeting system due
to the excess property.
SEC. 5.Section 11265.1 of the Welfare and Institutions Code,
as amended by Section 1 of Chapter 826 of the Statutes of 1999,
is repealed.
SEC. 6.Section 11265.1 of the Welfare and Institutions Code,
as added by Section 30 of Chapter 1022 of the Statutes of 2002,
is repealed.
SEC. 7.Section 11265.1 is added to the Welfare and
Institutions Code, to read:
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11265.1.(a) In addition to the requirement for an annual
redetermination of eligibility, counties shall redetermine recipient
eligibility and grant amounts on a semiannual basis in a prospective
manner, using reasonably anticipated income consistent with
Section 5 of the federal Food Stamp Act (7 U.S.C. Sec.
2014(f)(3)(A)), implementing regulations, and any waivers
obtained by the department pursuant to subdivision (g) of Section
11265.2. Counties shall use the information reported on a
recipient’s semiannual report form to prospectively determine
eligibility and the grant amount for the following semiannual
reporting period.
(b) A semiannual reporting period shall be six consecutive
calendar months. The recipient shall submit one semiannual report
form for each semiannual reporting period. Counties shall provide
a semiannual report form to recipients at the end of the fifth month
of the semiannual reporting period, and recipients shall return the
completed semiannual report form with required verification to
the county by the 11th day of the sixth month of the semiannual
reporting period.
(c) The semiannual report form shall be signed under penalty
of perjury, and shall include only the information necessary to
determine CalWORKs and CalFresh eligibility and calculate the
CalWORKs grant amount and CalFresh allotment, as specified by
the department. The form shall be as comprehensible as possible
for recipients and shall require recipients to provide the following:
(1) Information about income received during the fifth month
of the semiannual reporting period.
(2) Any other changes to facts required to be reported. The
recipient shall provide verification as specified by the department
with the semiannual report form.
(d) A semiannual report form shall be considered complete if
the following requirements, as specified by the department, are
met:
(1) The form is signed no earlier than the first day of the sixth
month of the semiannual reporting period by the persons specified
by the department.
(2) All questions and items pertaining to CalWORKs and
CalFresh eligibility and grant amounts are answered.
(3) Verification required by the department is provided.
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(e) If a recipient fails to submit a complete semiannual report
form, as described in subdivision (d), by the 11th day of the sixth
month of the semiannual reporting period, the county shall provide
the recipient with a notice that the county will terminate benefits
at the end of the month. Prior to terminating benefits, the county
shall attempt to make personal contact to remind the recipient that
a completed report is due, or, if contact is not made, shall send a
reminder notice to the recipient no later than five days prior to the
end of the month. Any discontinuance notice shall be rescinded if
a complete report is received by the first working day of the first
month of the following semiannual reporting period.
(f) The county may determine, at any time prior to the last day
of the calendar month following discontinuance for nonsubmission
of a semiannual report form, that a recipient had good cause for
failing to submit a complete semiannual report form, as described
in subdivision (d), by the first working day of the month following
discontinuance. If the county finds a recipient had good cause, as
defined by the department, it shall rescind the discontinuance
notice. Good cause exists only when the recipient cannot
reasonably be expected to fulfill his or her reporting responsibilities
due to factors outside of the recipient’s control.
(g) No savings determined by the State Department of Social
Services as a result of the act adding this section shall be assumed
until actual savings related to the change to semiannual reporting
are realized based on data developed in consultation with the
California Welfare Directors Association (CWDA).
(h) (1) The department, in consultation with the CWDA, shall
report to the relevant policy and fiscal committees of the
Legislature in April 2013 regarding the effects upon the program
efficiency of implementation of semiannual reporting requirements
set forth in Section 11004.1. The report shall be based on data
collected by CWDA and select counties. The department, in
consultation with CWDA, shall determine the data collection needs
required to assess the effects of the semiannual reporting.
(2) The requirement for submitting a report imposed under this
subdivision is inoperative on April 30, 2017, pursuant to Section
10231.5 of the Government Code.
(3) A report submitted pursuant to this subdivision shall be
submitted in compliance with Section 9795 of the Government
Code.
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(i) Counties may establish staggered semiannual reporting cycles
for individual recipients, based on factors established or approved
by the department, including, but not limited to, application date
or case number. If a county elects to stagger the reporting periods
for individuals, this section shall apply to an individual recipient
on the first day of the month assigned to the recipient, but in no
event later than July 1, 2012. Up to and until the establishment of
a semiannual system, counties shall operate a quarterly system, as
established by law and regulation applicable immediately prior to
the establishment of the semiannual reporting system.
SEC. 8.Section 11265.2 of the Welfare and Institutions Code
is repealed.
SEC. 8.Section 11265.2 of the Welfare and Institutions Code,
as added by Section 32 of Chapter 1022 of the Statutes of 2002,
is repealed.
11265.2.(a) The grant amount a recipient shall be entitled to
receive for each month of the quarterly reporting period shall be
prospectively determined as provided by this section. If a recipient
reports that he or she does not anticipate any changes in income
during the upcoming quarter, compared to the income the recipient
reported actually receiving on the quarterly report form, the grant
shall be calculated using the actual income received. If a recipient
reports that he or she anticipates a change in income in one or more
months of the upcoming quarter, the county shall determine
whether the recipient’s income is reasonably anticipated. The grant
shall be calculated using the income that the county determines is
reasonably anticipated in each of the three months of the upcoming
quarter.
(b) For the purposes of the quarterly reporting, prospective
budgeting system, income shall be considered to be “reasonably
anticipated” if the county is reasonably certain of the amount of
income and that the income will be received during the quarterly
reporting period. The county shall determine what income is
“reasonably anticipated” based on information provided by the
recipient and any other available information.
(c) If a recipient reports that their income in the upcoming
quarter will be different each month and the county needs
additional information to determine a recipient’s reasonably
anticipated income for the following quarter, the county may
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require the recipient to provide information about income for each
month of the prior quarter.
(d) Grant calculations pursuant to subdivision (a) may not be
revised to adjust the grant amount during the quarterly reporting
period, except as provided in Section 11265.3 and subdivisions
(e), (f), (g), and (h), and as otherwise established by the department.
(e) Notwithstanding subdivision (d), statutes and regulations
relating to (1) the 60-month time limit, (2) age limitations for
children under Section 11253, and (3) sanctions and financial
penalties affecting eligibility or grant amount shall be applicable
as provided in such statutes and regulations. Eligibility and grant
amount shall be adjusted during the quarterly reporting period
pursuant to such statutes and regulations effective with the first
monthly grant after timely and adequate notice is provided.
(f) Notwithstanding Section 11056, if an applicant applies for
assistance for a child who is currently aided in another assistance
unit, and the county determines that the applicant has care and
control of the child, as specified by the department, and is
otherwise eligible, the county shall discontinue aid to the child in
the existing assistance unit and shall aid the child in the applicant’s
assistance unit effective as of the first of the month following the
discontinuance of the child from the existing assistance unit.
(g) If the county is notified that a child for whom CalWORKs
assistance is currently being paid has been placed in a foster care
home, the county shall discontinue aid to the child at the end of
the month of placement. The county shall discontinue the case if
the remaining assistance unit members are not otherwise eligible.
(h) If the county determines that a recipient is no longer a
California resident, pursuant to Section 11100, the recipient shall
be discontinued. The county shall discontinue the case if the
remaining assistance unit members are not otherwise eligible.
SEC. 9.Section 11265.2 of the Welfare and Institutions Code,
as amended by Section 5 of Chapter 8 of the Statutes of 2011, is
repealed.
11265.2.(a) The grant amount a recipient shall be entitled to
receive for each month of the quarterly reporting period shall be
prospectively determined as provided by this section. If a recipient
reports that he or she does not anticipate any changes in income
during the upcoming quarter, compared to the income the recipient
reported actually receiving on the quarterly report form, the grant
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shall be calculated using the actual income received. If a recipient
reports that he or she anticipates a change in income in one or more
months of the upcoming quarter, the county shall determine
whether the recipient’s income is reasonably anticipated. The grant
shall be calculated using the income that the county determines is
reasonably anticipated in each of the three months of the upcoming
quarter.
(b) For the purposes of the quarterly reporting, prospective
budgeting system, income shall be considered to be “reasonably
anticipated” if the county is reasonably certain of the amount of
income and that the income will be received during the quarterly
reporting period. The county shall determine what income is
“reasonably anticipated” based on information provided by the
recipient and any other available information.
(c) If a recipient reports that their income in the upcoming
quarter will be different each month and the county needs
additional information to determine a recipient’s reasonably
anticipated income for the following quarter, the county may
require the recipient to provide information about income for each
month of the prior quarter.
(d) Grant calculations pursuant to subdivision (a) may not be
revised to adjust the grant amount during the quarterly reporting
period, except as provided in Section 11265.3 and subdivisions
(e), (f), (g), and (h), and as otherwise established by the department.
(e) Notwithstanding subdivision (d), statutes and regulations
relating to (1) the 48-month or 60-month time limit, (2) age
limitations for children under Section 11253, and (3) sanctions
and financial penalties affecting eligibility or grant amount shall
be applicable as provided in those statutes and regulations.
Eligibility and grant amount shall be adjusted during the quarterly
reporting period pursuant to those statutes and regulations effective
with the first monthly grant after timely and adequate notice is
provided.
(f) Notwithstanding Section 11056, if an applicant applies for
assistance for a child who is currently aided in another assistance
unit, and the county determines that the applicant has care and
control of the child, as specified by the department, and is
otherwise eligible, the county shall discontinue aid to the child in
the existing assistance unit and shall aid the child in the applicant’s
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assistance unit effective as of the first of the month following the
discontinuance of the child from the existing assistance unit.
(g) If the county is notified that a child for whom CalWORKs
assistance is currently being paid has been placed in a foster care
home, the county shall discontinue aid to the child at the end of
the month of placement. The county shall discontinue the case if
the remaining assistance unit members are not otherwise eligible.
(h) If the county determines that a recipient is no longer a
California resident, pursuant to Section 11100, the recipient shall
be discontinued. The county shall discontinue the case if the
remaining assistance unit members are not otherwise eligible.
SEC. 9.
SEC. 10.Section 11265.2 is added to the Welfare and
Institutions Code, to read:
11265.2.(a) The grant amount a recipient shall be entitled to
receive for each month of the semiannual reporting period shall
be prospectively determined, using reasonably anticipated income,
and calculated in a manner consistent with Section 5 of the federal
Food Stamp Act (7 U.S.C. Sec. 2014(f)(3)(A)), implementing
regulations, and any waivers obtained by the department pursuant
to subdivision (g).
(b) Grant calculations pursuant to subdivision (a) shall not be
revised to adjust the grant amount during the semiannual reporting
period, except as provided in Section 11265.3 and subdivisions
(c), (d), (e), and (f), and as otherwise established by the department.
(c) Notwithstanding subdivision (b), statutes and regulations
relating to the 48-month or 60-month time limit, age limitations
for children under Section 11253, and sanctions and financial
penalties affecting eligibility or grant amount shall be applicable
as provided in those statutes and regulations. Eligibility and grant
amount shall be adjusted during the semiannual reporting period
pursuant to those statutes and regulations effective with the first
monthly grant after timely and adequate notice is provided.
(d) Notwithstanding Section 11056, if an applicant applies for
assistance for a child who is currently aided in another assistance
unit, and the county determines that the applicant has care and
control of the child, as specified by the department, and is
otherwise eligible, the county shall discontinue aid to the child in
the existing assistance unit and shall aid the child in the applicant’s
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assistance unit effective as of the first of the month following the
discontinuance of the child from the existing assistance unit.
(e) If the county is notified that a child for whom CalWORKs
assistance is currently being paid has been placed in a foster care
home, the county shall discontinue aid to the child at the end of
the month of placement. The county shall discontinue the case if
the remaining assistance unit members are not otherwise eligible.
(f) If the county determines that a recipient is no longer a
California resident, pursuant to Section 11100, the recipient shall
be discontinued. The county shall discontinue the case if the
remaining assistance unit members are not otherwise eligible.
(g) The department shall take all necessary steps to implement
this section in the simplest manner possible for both county human
services departments and recipients of aid under this chapter,
including, but not limited to, exploring the feasibility of
accumulating reported changes, acting on changes once per month
rather than multiple times, and whether additional flexibility is
available under federal food stamp rules to simplify the
consideration of reasonably anticipated income when setting grant
levels for the upcoming semiannual reporting period.
SEC. 10.
SEC. 11. Section 11265.3 of the Welfare and Institutions Code
is repealed.
SEC. 11.
SEC. 12.Section 11265.3 is added to the Welfare and
Institutions Code, to read:
11265.3.(a) In addition to submitting the semiannual report
form as required in Section 11265.1, the department shall establish
an income reporting threshold for recipients of CalWORKs.
(b) The CalWORKs income reporting threshold shall be the
lesser of the following:
(1) The amount likely to render the recipient ineligible for
federal food stamp nutrition assistance benefits.
(2) The amount likely to render the recipient ineligible for
CalWORKs benefits.
(c) A recipient shall report to the county, orally or in writing,
within 10 days, when any of the following occurs:
(1) The monthly household income exceeds the threshold
established pursuant to this section.
(2) The household address has changed.
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(3) A drug felony conviction, as specified in Section 11251.3.
(4) An incidence of an individual fleeing prosecution or custody
or confinement, or violating a condition of probation or parole, as
specified in Section 11486.5.
(d) At least once per semiannual reporting period, counties shall
inform each recipient of all of the following:
(1) The duty to report under this section.
(2) The consequences of failing to report.
(3) The amount of the recipient’s income reporting threshold.
(e) When a recipient reports income exceeding the reporting
threshold, the county shall redetermine eligibility and the grant
amount as follows:
(1) If the recipient reports the increase in income for the first
through fifth months of a current semiannual reporting period, the
county shall verify the report and determine the recipient’s financial
eligibility and grant amount.
(A) If the recipient is determined to be financially ineligible
based on the increase in income, the county shall discontinue the
recipient with timely and adequate notice, effective at the end of
the month in which the income was received.
(B) If it is determined that the recipient’s grant amount should
decrease based on the increase in income, the county shall reduce
the recipient’s grant amount for the remainder of the semiannual
reporting period with timely and adequate notice, effective the
first of the month following the month in which the income was
received.
(2) If the recipient reports an increase in income for the sixth
month of a current semiannual reporting period, the county shall
not redetermine eligibility for the current semiannual reporting
period, but shall consider this income in redetermining eligibility
and the grant amount for the following semiannual reporting period,
as provided in Section 11265.2.
(f) Counties shall act upon changes in income voluntarily
reported during the semiannual reporting period that result in an
increase in benefits, only after verification specified by the
department is received. Reported changes in income that increase
the grants shall be effective for the entire month in which the
change is reported. If the reported change in income results in an
increase in benefits, the county shall issue the increased benefit
amount within 10 days of receiving required verification.
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(g) (1) When a decrease in gross monthly income is voluntarily
reported and verified, the county shall redetermine the grant for
the current month and any remaining months in the semiannual
reporting period by averaging the actual gross monthly income
reported and verified from the voluntary report for the current
month and the gross monthly income that is reasonably anticipated
for any future month remaining in the semiannual reporting period.
(2) When the average is determined pursuant to paragraph (1),
and a grant amount is calculated based upon the averaged income,
if the grant amount is higher than the grant currently in effect, the
county shall revise the grant for the current month and any
remaining months in the semiannual reporting period to the higher
amount and shall issue any increased benefit amount as provided
in subdivision (f).
(h) During the semiannual reporting period, a recipient may
report to the county, orally or in writing, any changes in income
and household circumstances that may increase the recipient’s
grant. Except as provided in subdivision (i), counties shall act only
upon changes in household composition voluntarily reported by
the recipients during the semiannual reporting period that result
in an increase in benefits, after verification specified by the
department is received. If the reported change in household
composition is for the first through fifth month of the semiannual
reporting period and results in an increase in benefits, the county
shall redetermine the grant effective for the month following the
month in which the change was reported. If the reported change
in household composition is for the sixth month of a semiannual
reporting period, the county shall not redetermine the grant for the
current semiannual reporting period, but shall redetermine the
grant for the following reporting period as provided in Section
11265.2.
(i) During the semiannual reporting period, a recipient may
request that the county discontinue the recipient’s entire assistance
unit or any individual member of the assistance unit who is no
longer in the home or is an optional member of the assistance unit.
If the recipient’s request was verbal, the county shall provide a
10-day notice before discontinuing benefits. If the recipient’s report
was in writing, the county shall discontinue benefits effective the
end of the month in which the request is made, and simultaneously
issue a notice informing the recipient of the discontinuance.
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SEC. 12.Section 11320.2 of the Welfare and Institutions Code
is amended to read:
11320.2.(a) Commencing July 1, 2011, subject to subdivision
(g), the county shall conduct self-sufficiency reviews with all aided
caretaker relatives and the adult caretaker or minor parent
head-of-household in child-only cases, except for individuals who
are exempt from welfare-to-work activities pursuant to Section
11320.3. Reviews shall be conducted every six months, except as
otherwise provided in this subdivision. For an assistance unit
determined to be eligible under this chapter on or after July 1,
2011, reviews shall be conducted at the end of each semiannual
reporting period. The review at the end of the second semiannual
reporting period of each year shall be conducted with the annual
redetermination, on the same day and in the same location. The
notice, scheduling, and accommodation requirements used for the
annual redetermination shall be utilized uniformly for the
self-sufficiency reviews. For an assistance unit determined to be
eligible under this chapter prior to July 1, 2011, reviews shall be
conducted starting at the end of each assistance unit’s first
semiannual reporting period and with the next regularly scheduled
redetermination, and then annually thereafter.
(b) The county shall provide notification to individuals for whom
a review has been scheduled, not less than 60 calendar days prior
to the appointment, and provide for a process for rescheduling, if
necessary, on a date not to exceed 20 calendar days beyond the
scheduled review.
(c) Self-sufficiency reviews shall be conducted by a county
social worker or employment services worker.
(d) The purposes of the self-sufficiency review are to determine
barriers to participation, including those that may establish the
basis for an exemption, to assess needed services and resources,
and to provide tools to connect the recipient with the needed
services and activities in order to increase his or her work or
community service participation pursuant to Section 11320.
(e) (1) If the recipient fails to attend the review, the county
shall provide the recipient with a notice that the county shall reduce
the recipient’s benefits by 50 percent after 30 calendar days, unless
the participant has complied or provided good cause. Prior to
reducing benefits by 50 percent, the county shall attempt to make
personal contact, consistent with current practice as exercised for
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the annual redetermination, to remind the recipient that attending
the self-sufficiency review is required, or, if contact is not made,
shall send a reminder notice to the recipient no later than five days
prior to the end of the 30-calendar day period. The county may
determine at any time prior to reducing benefits by 50 percent for
failure to attend the self-sufficiency review, or after the sanction
has been imposed, that a recipient had good cause for failing to
attend the self-sufficiency review. A notice regarding a 50-percent
reduction in benefits shall be rescinded when the self-sufficiency
review is completed.
(2) If the participant is found to not comply with the requirement
to attend the self-sufficiency review, the benefits shall be reduced
by 50 percent.
(3) The county may determine, at any time prior to the end of
the 30-calendar day period following the reduction of benefits by
50 percent for failure to attend the self-sufficiency review, or after
the sanction has been imposed, that a recipient had good cause for
failing to attend the review. If the county finds a recipient had
good cause, it shall rescind the reduction in benefits notice. Good
cause exists only when the recipient cannot reasonably be expected
to fulfill his or her responsibilities, due to factors beyond the
recipient’s control.
(f) Not later than January 1, 2013, the county shall provide the
department with an evaluation of the implementation of the
self-sufficiency reviews that addresses the effectiveness of the
reviews in meeting the goals stated in subdivision (d). Upon receipt
of all of the county evaluations, the department shall forward the
evaluations to the relevant fiscal and policy committees of the
Legislature for review.
(g) An aided adult who is fully meeting the hours of participation
required of CalWORKs recipients under applicable state law shall
not be subject to self-sufficiency reviews.
(h) A review conducted in accordance with this section that
occurs at either the 42nd or 54th month of aid pursuant to Section
11454 shall include all of the components specified in subdivision
(a), and shall also include information and a warning to the
individual regarding the upcoming consequences of reaching the
48-month or 60-month time limits, depending on the specific
circumstances of the case. The review shall occur six months before
the applicable time limit. However, if a recipient returns to aided
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status when fewer than six months remain before the 60-month
time limit, he or she shall receive a review under this section within
a reasonable time prior to the 60th month, as determined by the
county.
(i) This section shall become operative on July 1, 2011.
SEC. 13.Section 11372 of the Welfare and Institutions Code
is amended to read:
11372.(a) Notwithstanding any other provision of law, the
state-funded Kinship Guardianship Assistance Payment Program
implemented under this article is exempt from the provisions of
Chapter 2 (commencing with Section 11200) of Part 3.
(b) Any exemptions exercised pursuant to this section shall be
implemented in accordance with Section 11369.
SEC. 14.Section 11450 of the Welfare and Institutions Code
is amended to read:
11450.(a) (1) Aid shall be paid for each needy family, which
shall include all eligible brothers and sisters of each eligible
applicant or recipient child and the parents of the children, but
shall not include unborn children, or recipients of aid under Chapter
3 (commencing with Section 12000), qualified for aid under this
chapter. In determining the amount of aid paid, and notwithstanding
the minimum basic standards of adequate care specified in Section
11452, the family’s 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 11265.2 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):
Maximum
aid
Number of
eligible needy
persons in
the same home
$ 326 1..................................................................................
535 2..................................................................................
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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 1990–91, 1991–92, 1992–93, 1993–94,
1994–95, 1995–96, 1996–97, and 1997–98 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 Section 11453.05,
and no further reduction shall be made pursuant to that section.
(b) When the family does not include a needy child qualified
for aid under this chapter, aid shall be paid to a pregnant mother
for the month in which the birth is anticipated and for the
three-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 mother, and child,
if born, would have qualified for aid under this chapter. Verification
of pregnancy shall be required as a condition of eligibility for aid
under this subdivision. Aid shall also be paid to a pregnant woman
with no other children in the amount which would otherwise be
paid to one person under subdivision (a) at any time after
verification of pregnancy if the pregnant woman is also eligible
for the Cal-Learn Program described in Article 3.5 (commencing
with Section 11331) and if the mother, and child, if born, would
have qualified for aid under this chapter.
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(c) The amount of forty-seven dollars ($47) per month shall be
paid to pregnant mothers qualified for aid under subdivision (a)
or (b) to meet special needs resulting from pregnancy if the mother,
and child, if born, would have qualified for aid under this chapter.
County welfare departments shall refer all recipients of aid under
this subdivision to a local provider of the Women, Infants and
Children program. If that payment to pregnant mothers qualified
for aid under subdivision (a) is considered income under federal
law in the first five months of pregnancy, payments under this
subdivision shall not apply to persons eligible under subdivision
(a), except for the month in which birth is anticipated and for the
three-month period immediately prior to the month in which
delivery is anticipated, if the mother, and the child, if born, would
have qualified for aid under this chapter.
(d) For children receiving AFDC-FC under this chapter, there
shall be paid, exclusive of any amount considered exempt as
income, an amount of aid each month which, when added to the
child’s income, is equal to the rate specified in Section 11460,
11461, 11462, 11462.1, or 11463. In addition, the child shall be
eligible for special needs, as specified in departmental regulations.
(e) In addition to the amounts payable under subdivision (a)
and Section 11453.1, a family shall be entitled to receive an
allowance for recurring special needs not common to a majority
of recipients. These recurring special needs shall include, but not
be limited to, special diets upon the recommendation of a physician
for circumstances other than pregnancy, 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) After a family has used all available liquid resources, both
exempt and nonexempt, in excess of one hundred dollars ($100),
with the exception of funds deposited in a restricted account
described in subdivision (a) of Section 11155.2, the family shall
also be entitled to receive an allowance for nonrecurring special
needs.
(1) An allowance for nonrecurring special needs shall be granted
for replacement of clothing and household equipment and for
emergency housing needs other than those needs addressed by
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paragraph (2). These needs shall be caused by sudden and unusual
circumstances beyond the control of the needy family. The
department shall establish the allowance for each of the
nonrecurring special need items. The sum of all nonrecurring
special needs provided by this subdivision shall not exceed six
hundred dollars ($600) per event.
(2) Homeless assistance is available to a homeless family
seeking shelter when the family is eligible for aid under this
chapter. Homeless assistance for temporary shelter is also available
to homeless families which are apparently eligible for aid under
this chapter. Apparent eligibility exists when evidence presented
by the applicant, or which is otherwise available to the county
welfare department, and the information provided on the
application documents indicate that there would be eligibility for
aid under this chapter if the evidence and information were verified.
However, an alien applicant who does not provide verification of
his or her eligible alien status, or a woman with no eligible children
who does not provide medical verification of pregnancy, is not
apparently eligible for purposes of this section.
A family is considered homeless, for the purpose of this section,
when the family lacks a fixed and regular nighttime residence; or
the family has a primary nighttime residence that is a supervised
publicly or privately operated shelter designed to provide temporary
living accommodations; or the family is residing in a public or
private place not designed for, or ordinarily used as, a regular
sleeping accommodation for human beings. A family is also
considered homeless for the purpose of this section if the family
has received a notice to pay rent or quit. The family shall
demonstrate that the eviction is the result of a verified financial
hardship as a result of extraordinary circumstances beyond their
control, and not other lease or rental violations, and that the family
is experiencing a financial crisis that could result in homelessness
if preventative assistance is not provided.
(A) (i) A nonrecurring special need of sixty-five dollars ($65)
a day shall be available to families of up to four members for the
costs of temporary shelter, subject to the requirements of this
paragraph. The fifth and additional members of the family shall
each receive fifteen dollars ($15) per day, up to a daily maximum
of one hundred twenty-five dollars ($125). County welfare
departments may increase the daily amount available for temporary
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shelter as necessary to secure the additional bedspace needed by
the family.
(ii) This special need shall be granted or denied immediately
upon the family’s application for homeless assistance, and benefits
shall be available for up to three working days. The county welfare
department shall verify the family’s homelessness within the first
three working days and if the family meets the criteria of
questionable homelessness established by the department, the
county welfare department shall refer the family to its early fraud
prevention and detection unit, if the county has such a unit, for
assistance in the verification of homelessness within this period.
(iii) After homelessness has been verified, the three-day limit
shall be extended for a period of time which, when added to the
initial benefits provided, does not exceed a total of 16 calendar
days. This extension of benefits shall be done in increments of one
week and shall be based upon searching for permanent housing
which shall be documented on a housing search form; good cause;
or other circumstances defined by the department. Documentation
of a housing search shall be required for the initial extension of
benefits beyond the three-day limit and on a weekly basis thereafter
as long as the family is receiving temporary shelter benefits. Good
cause shall include, but is not limited to, situations in which the
county welfare department has determined that the family, to the
extent it is capable, has made a good faith but unsuccessful effort
to secure permanent housing while receiving temporary shelter
benefits.
(B) A nonrecurring special need for permanent housing
assistance is available to pay for last month’s rent and security
deposits when these payments are reasonable conditions of securing
a residence, or to pay for up to two months of rent arrearages, when
these payments are a reasonable condition of preventing eviction.
The last month’s rent or monthly arrearage portion of the
payment (i) shall not exceed 80 percent of the family’s total
monthly household income without the value of food stamps or
special needs for a family of that size and (ii) shall only be made
to families that have found permanent housing costing no more
than 80 percent of the family’s total monthly household income
without the value of food stamps or special needs for a family of
that size.
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However, if the county welfare department determines that a
family intends to reside with individuals who will be sharing
housing costs, the county welfare department shall, in appropriate
circumstances, set aside the condition specified in clause (ii) of
the preceding paragraph.
(C) The nonrecurring special need for permanent housing
assistance is also available to cover the standard costs of deposits
for utilities which are necessary for the health and safety of the
family.
(D) A payment for or denial of permanent housing assistance
shall be issued no later than one working day from the time that a
family presents evidence of the availability of permanent housing.
If an applicant family provides evidence of the availability of
permanent housing before the county welfare department has
established eligibility for aid under this chapter, the county welfare
department shall complete the eligibility determination so that the
denial of or payment for permanent housing assistance is issued
within one working day from the submission of evidence of the
availability of permanent housing, unless the family has failed to
provide all of the verification necessary to establish eligibility for
aid under this chapter.
(E) (i) Except as provided in clauses (ii) and (iii), eligibility
for the temporary shelter assistance and the permanent housing
assistance pursuant to this paragraph shall be limited to one period
of up to 16 consecutive calendar days of temporary assistance and
one payment of permanent assistance. Any family that includes a
parent or nonparent caretaker relative living in the home who has
previously received temporary or permanent homeless assistance
at any time on behalf of an eligible child shall not be eligible for
further homeless assistance. Any person who applies for homeless
assistance benefits shall be informed that the temporary shelter
benefit of up to 16 consecutive days is available only once in a
lifetime, with certain exceptions, and that a break in the consecutive
use of the benefit constitutes permanent exhaustion of the
temporary benefit.
(ii) A family that becomes homeless as a direct and primary
result of a state or federally declared natural disaster shall be
eligible for temporary and permanent homeless assistance.
(iii) A family shall be eligible for temporary and permanent
homeless assistance when homelessness is a direct result of
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domestic violence by a spouse, partner, or roommate; physical or
mental illness that is medically verified that shall not include a
diagnosis of alcoholism, drug addiction, or psychological stress;
or, the uninhabitability of the former residence caused by sudden
and unusual circumstances beyond the control of the family
including natural catastrophe, fire, or condemnation. These
circumstances shall be verified by a third-party governmental or
private health and human services agency, except that domestic
violence may also be verified by a sworn statement by the victim,
as provided under Section 11495.25. Homeless assistance payments
based on these specific circumstances may not be received more
often than once in any 12-month period. In addition, if the domestic
violence is verified by a sworn statement by the victim, the
homeless assistance payments shall be limited to two periods of
not more than 16 consecutive calendar days of temporary assistance
and two payments of permanent assistance. A county may require
that a recipient of homeless assistance benefits who qualifies under
this paragraph for a second time in a 24-month period participate
in a homelessness avoidance case plan as a condition of eligibility
for homeless assistance benefits. The county welfare department
shall immediately inform recipients who verify domestic violence
by a sworn statement pursuant to clause (iii) of the availability of
domestic violence counseling and services, and refer those
recipients to services upon request.
(iv) If a county requires a recipient who verifies domestic
violence by a sworn statement to participate in a homelessness
avoidance case plan pursuant to clause (iii), the plan shall include
the provision of domestic violence services, if appropriate.
(v) If a recipient seeking homeless assistance based on domestic
violence pursuant to clause (iii) has previously received homeless
avoidance services based on domestic violence, the county shall
review whether services were offered to the recipient and consider
what additional services would assist the recipient in leaving the
domestic violence situation.
(vi) The county welfare department shall report to the
department through a statewide homeless assistance payment
indicator system, necessary data, as requested by the department,
regarding all recipients of aid under this paragraph.
(F) The county welfare departments, and all other entities
participating in the costs of the AFDC program, have the right in
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their share to any refunds resulting from payment of the permanent
housing. However, if an emergency requires the family to move
within the 12-month period specified in subparagraph (E), the
family shall be allowed to use any refunds received from its
deposits to meet the costs of moving to another residence.
(G) Payments to providers for temporary shelter and permanent
housing and utilities shall be made on behalf of families requesting
these payments.
(H) The daily amount for the temporary shelter special need for
homeless assistance may be increased if authorized by the current
year’s Budget Act by specifying a different daily allowance and
appropriating the funds therefor.
(I) No payment shall be made pursuant to this paragraph unless
the provider of housing is a commercial establishment, shelter, or
person in the business of renting properties who has a history of
renting properties.
(g) The department shall establish rules and regulations ensuring
the uniform application statewide of this subdivision.
(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) 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).
The amounts payable to recipients pursuant to Section 11453.1
shall not constitute income to recipients of aid under this section.
(j) For children receiving Kin-GAP pursuant to Article 4.5
(commencing with Section 11360) or Article 4.7 (commencing
with Section 11385) there shall be paid, exclusive of any amount
considered exempt as income, an amount of aid each month, which,
when added to the child’s income, is equal to the rate specified in
Sections 11364 and 11387.
SEC. 14.Section 11450 of the Welfare and Institutions Code
is amended to read:
11450.(a) (1) Aid shall be paid for each needy family, which
shall include all eligible brothers and sisters of each eligible
applicant or recipient child and the parents of the children, but
shall not include unborn children, or recipients of aid under Chapter
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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 family’s income, exclusive of any amounts considered
exempt as income or paid pursuant to subdivision (e) or Section
11453.1, averaged determined for the prospective quarter
semiannual period pursuant to Sections 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):
Maximum
aid
Number of
eligible needy
persons in
the same home
$ 326 1..................................................................................
535 2..................................................................................
663 3..................................................................................
788 4..................................................................................
899 5..................................................................................
1,010 6..................................................................................
1,109 7..................................................................................
1,209 8..................................................................................
1,306 9..................................................................................
1,403 10 or more....................................................................
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.
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(2) The sums specified in paragraph (1) shall not be adjusted
for cost of living for the 1990–91, 1991–92, 1992–93, 1993–94,
1994–95, 1995–96, 1996–97, and 1997–98 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 Section 11453.05,
and no further reduction shall be made pursuant to that section.
(b) When the family does not include a needy child qualified
for aid under this chapter, aid shall be paid to a pregnant mother
for the month in which the birth is anticipated and for the
three-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 mother, and child,
if born, would have qualified for aid under this chapter. Verification
of pregnancy shall be required as a condition of eligibility for aid
under this subdivision.
(1) Aid shall also be paid to a pregnant woman with no other
children in the amount which would otherwise be paid to one
person under subdivision (a) at any time after verification of
pregnancy if the pregnant woman is also eligible for the Cal-Learn
Program described in Article 3.5 (commencing with Section 11331)
and if the mother, and child, if born, would have qualified for aid
under this chapter.
(2) Paragraph (1) shall apply only when the Cal-Learn Program
is operative.
(c) The amount of forty-seven dollars ($47) per month shall be
paid to pregnant mothers qualified for aid under subdivision (a)
or (b) to meet special needs resulting from pregnancy if the mother,
and child, if born, would have qualified for aid under this chapter.
County welfare departments shall refer all recipients of aid under
this subdivision to a local provider of the Women, Infants and
Children program. If that payment to pregnant mothers qualified
for aid under subdivision (a) is considered income under federal
law in the first five months of pregnancy, payments under this
subdivision shall not apply to persons eligible under subdivision
(a), except for the month in which birth is anticipated and for the
three-month period immediately prior to the month in which
delivery is anticipated, if the mother, and the child, if born, would
have qualified for aid under this chapter.
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(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 which, when added to the
child’s income, is equal to the rate specified in Section 11460,
11461, 11462, 11462.1, or 11463. In addition, the child shall be
eligible for special needs, as specified in departmental regulations.
(e) In addition to the amounts payable under subdivision (a)
and Section 11453.1, a family shall be entitled to receive an
allowance for recurring special needs not common to a majority
of recipients. These recurring special needs shall include, but not
be limited to, special diets upon the recommendation of a physician
for circumstances other than pregnancy, 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) After a family has used all available liquid resources, both
exempt and nonexempt, in excess of one hundred dollars ($100),
with the exception of funds deposited in a restricted account
described in subdivision (a) of Section 11155.2, the family shall
also be entitled to receive an allowance for nonrecurring special
needs.
(1) An allowance for nonrecurring special needs shall be granted
for replacement of clothing and household equipment and for
emergency housing needs other than those needs addressed by
paragraph (2). These needs shall be caused by sudden and unusual
circumstances beyond the control of the needy family. The
department shall establish the allowance for each of the
nonrecurring special need items. The sum of all nonrecurring
special needs provided by this subdivision shall not exceed six
hundred dollars ($600) per event.
(2) Homeless assistance is available to a homeless family
seeking shelter when the family is eligible for aid under this
chapter. Homeless assistance for temporary shelter is also available
to homeless families which are apparently eligible for aid under
this chapter. Apparent eligibility exists when evidence presented
by the applicant, or which is otherwise available to the county
welfare department, and the information provided on the
application documents indicate that there would be eligibility for
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aid under this chapter if the evidence and information were verified.
However, an alien applicant who does not provide verification of
his or her eligible alien status, or a woman with no eligible children
who does not provide medical verification of pregnancy, is not
apparently eligible for purposes of this section.
A family is considered homeless, for the purpose of this section,
when the family lacks a fixed and regular nighttime residence; or
the family has a primary nighttime residence that is a supervised
publicly or privately operated shelter designed to provide temporary
living accommodations; or the family is residing in a public or
private place not designed for, or ordinarily used as, a regular
sleeping accommodation for human beings. A family is also
considered homeless for the purpose of this section if the family
has received a notice to pay rent or quit. The family shall
demonstrate that the eviction is the result of a verified financial
hardship as a result of extraordinary circumstances beyond their
control, and not other lease or rental violations, and that the family
is experiencing a financial crisis that could result in homelessness
if preventative assistance is not provided.
(A) (i) A nonrecurring special need of sixty-five dollars ($65)
a day shall be available to families of up to four members for the
costs of temporary shelter, subject to the requirements of this
paragraph. The fifth and additional members of the family shall
each receive fifteen dollars ($15) per day, up to a daily maximum
of one hundred twenty-five dollars ($125). County welfare
departments may increase the daily amount available for temporary
shelter as necessary to secure the additional bedspace needed by
the family.
(ii) This special need shall be granted or denied immediately
upon the family’s application for homeless assistance, and benefits
shall be available for up to three working days. The county welfare
department shall verify the family’s homelessness within the first
three working days and if the family meets the criteria of
questionable homelessness established by the department, the
county welfare department shall refer the family to its early fraud
prevention and detection unit, if the county has such a unit, for
assistance in the verification of homelessness within this period.
(iii) After homelessness has been verified, the three-day limit
shall be extended for a period of time which, when added to the
initial benefits provided, does not exceed a total of 16 calendar
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days. This extension of benefits shall be done in increments of one
week and shall be based upon searching for permanent housing
which shall be documented on a housing search form; good cause;
or other circumstances defined by the department. Documentation
of a housing search shall be required for the initial extension of
benefits beyond the three-day limit and on a weekly basis thereafter
as long as the family is receiving temporary shelter benefits. Good
cause shall include, but is not limited to, situations in which the
county welfare department has determined that the family, to the
extent it is capable, has made a good faith but unsuccessful effort
to secure permanent housing while receiving temporary shelter
benefits.
(B) A nonrecurring special need for permanent housing
assistance is available to pay for last month’s rent and security
deposits when these payments are reasonable conditions of securing
a residence, or to pay for up to two months of rent arrearages, when
these payments are a reasonable condition of preventing eviction.
The last month’s rent or monthly arrearage portion of the
payment (i) shall not exceed 80 percent of the family’s total
monthly household income without the value of food stamps or
special needs for a family of that size and (ii) shall only be made
to families that have found permanent housing costing no more
than 80 percent of the family’s total monthly household income
without the value of food stamps or special needs for a family of
that size.
However, if the county welfare department determines that a
family intends to reside with individuals who will be sharing
housing costs, the county welfare department shall, in appropriate
circumstances, set aside the condition specified in clause (ii) of
the preceding paragraph.
(C) The nonrecurring special need for permanent housing
assistance is also available to cover the standard costs of deposits
for utilities which are necessary for the health and safety of the
family.
(D) A payment for or denial of permanent housing assistance
shall be issued no later than one working day from the time that a
family presents evidence of the availability of permanent housing.
If an applicant family provides evidence of the availability of
permanent housing before the county welfare department has
established eligibility for aid under this chapter, the county welfare
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department shall complete the eligibility determination so that the
denial of or payment for permanent housing assistance is issued
within one working day from the submission of evidence of the
availability of permanent housing, unless the family has failed to
provide all of the verification necessary to establish eligibility for
aid under this chapter.
(E) (i) Except as provided in clauses (ii) and (iii), eligibility
for the temporary shelter assistance and the permanent housing
assistance pursuant to this paragraph shall be limited to one period
of up to 16 consecutive calendar days of temporary assistance and
one payment of permanent assistance. Any family that includes a
parent or nonparent caretaker relative living in the home who has
previously received temporary or permanent homeless assistance
at any time on behalf of an eligible child shall not be eligible for
further homeless assistance. Any person who applies for homeless
assistance benefits shall be informed that the temporary shelter
benefit of up to 16 consecutive days is available only once in a
lifetime, with certain exceptions, and that a break in the consecutive
use of the benefit constitutes permanent exhaustion of the
temporary benefit.
(ii) A family that becomes homeless as a direct and primary
result of a state or federally declared natural disaster shall be
eligible for temporary and permanent homeless assistance.
(iii) A family shall be eligible for temporary and permanent
homeless assistance when homelessness is a direct result of
domestic violence by a spouse, partner, or roommate; physical or
mental illness that is medically verified that shall not include a
diagnosis of alcoholism, drug addiction, or psychological stress;
or, the uninhabitability of the former residence caused by sudden
and unusual circumstances beyond the control of the family
including natural catastrophe, fire, or condemnation. These
circumstances shall be verified by a third-party governmental or
private health and human services agency, except that domestic
violence may also be verified by a sworn statement by the victim,
as provided under Section 11495.25. Homeless assistance payments
based on these specific circumstances may not be received more
often than once in any 12-month period. In addition, if the domestic
violence is verified by a sworn statement by the victim, the
homeless assistance payments shall be limited to two periods of
not more than 16 consecutive calendar days of temporary assistance
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and two payments of permanent assistance. A county may require
that a recipient of homeless assistance benefits who qualifies under
this paragraph for a second time in a 24-month period participate
in a homelessness avoidance case plan as a condition of eligibility
for homeless assistance benefits. The county welfare department
shall immediately inform recipients who verify domestic violence
by a sworn statement pursuant to clause (iii) of the availability of
domestic violence counseling and services, and refer those
recipients to services upon request.
(iv) If a county requires a recipient who verifies domestic
violence by a sworn statement to participate in a homelessness
avoidance case plan pursuant to clause (iii), the plan shall include
the provision of domestic violence services, if appropriate.
(v) If a recipient seeking homeless assistance based on domestic
violence pursuant to clause (iii) has previously received homeless
avoidance services based on domestic violence, the county shall
review whether services were offered to the recipient and consider
what additional services would assist the recipient in leaving the
domestic violence situation.
(vi) The county welfare department shall report to the
department through a statewide homeless assistance payment
indicator system, necessary data, as requested by the department,
regarding all recipients of aid under this paragraph.
(F) The county welfare departments, and all other entities
participating in the costs of the AFDC program, have the right in
their share to any refunds resulting from payment of the permanent
housing. However, if an emergency requires the family to move
within the 12-month period specified in subparagraph (E), the
family shall be allowed to use any refunds received from its
deposits to meet the costs of moving to another residence.
(G) Payments to providers for temporary shelter and permanent
housing and utilities shall be made on behalf of families requesting
these payments.
(H) The daily amount for the temporary shelter special need for
homeless assistance may be increased if authorized by the current
year’s Budget Act by specifying a different daily allowance and
appropriating the funds therefor.
(I) No payment shall be made pursuant to this paragraph unless
the provider of housing is a commercial establishment, shelter, or
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person in the business of renting properties who has a history of
renting properties.
(g) The department shall establish rules and regulations ensuring
the uniform application statewide of this subdivision.
(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) 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).
The amounts payable to recipients pursuant to Section 11453.1
shall not constitute income to recipients of aid under this section.
(j) For children receiving Kin-GAP pursuant to Article 4.5
(commencing with Section 11360) or Article 4.7 (commencing
with Section 11385) there shall be paid, exclusive of any amount
considered exempt as income, an amount of aid each month, which,
when added to the child’s income, is equal to the rate specified in
Sections 11364 and 11387.
SEC. 15.Section 11450.12 of the Welfare and Institutions
Code, as amended by Section 39 of Chapter 1022 of the Statutes
of 2002, is amended to read:
11450.12.(a) An applicant family shall not be eligible for aid
under this chapter unless the family’s income, exclusive of the
first ninety dollars ($90) of earned income for each employed
person, is less than the minimum basic standard of adequate care,
as specified in Section 11452.
(b) A recipient family shall not be eligible for further aid under
this chapter if the monthly income determined for the semiannual
period pursuant to Sections 11265.2 and 11265.3, less exempt
income and exclusive of amounts exempt under Section 11451.5,
equals or exceeds the maximum aid payment specified in Section
11450.
SEC. 16.Section 11450.13 of the Welfare and Institutions
Code, as amended by Section 40 of Chapter 1022 of the Statutes
of 2002, is amended to read:
11450.13.In calculating the amount of aid to which an
assistance unit is entitled in accordance with Section 11320.15,
the maximum aid payment, adjusted to reflect the removal of the
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adult or adults from the assistance unit, shall be reduced by the
gross monthly income of the adult or adults removed from the
assistance unit, determined for the semiannual period pursuant to
Sections 11265.2 and 11265.3, and less any amounts exempted
pursuant to Section 11451.5. Aid may be provided in the form of
cash or vouchers, at the option of the county.
SEC. 17.Section 11451.5 of the Welfare and Institutions Code,
as amended by Section 329 of Chapter 62 of the Statutes of 2003,
is amended to read:
11451.5.(a) Except as provided by subdivision (f) of Section
11322.6, the following income, determined for the semiannual
period pursuant to Sections 11265.2 and 11265.3, shall be exempt
from the calculation of the income of the family for purposes of
subdivision (a) of Section 11450:
(1) If disability-based unearned income does not exceed two
hundred twenty-five dollars ($225), both of the following amounts:
(A) All disability-based unearned income plus any amount of
not otherwise exempt earned income equal to the amount of the
difference between the amount of disability-based unearned income
and two hundred twenty-five dollars ($225).
(B) Fifty percent of all not otherwise exempt earned income in
excess of the amount applied to meet the differential applied in
subparagraph (A).
(2) If disability-based unearned income exceeds two hundred
twenty-five dollars ($225), both of the following amounts:
(A) All of the first two hundred twenty-five dollars ($225) in
disability-based unearned income.
(B) Fifty percent of all earned income.
(b) For purposes of this section:
(1) Earned income means gross income received as wages,
salary, employer-provided sick leave benefits, commissions, or
profits from activities such as a business enterprise or farming in
which the recipient is engaged as a self-employed individual or as
an employee.
(2) Disability-based unearned income means state disability
insurance benefits, private disability insurance benefits, temporary
workers’ compensation benefits, and social security disability
benefits.
(3) Unearned income means any income not described in
paragraph (1) or (2).
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SEC. 17.Section 11451.5 of the Welfare and Institutions Code,
as amended by Section 24 of Chapter 8 of the Statutes of 2011, is
amended to read:
11451.5.(a) Except as provided by subdivision (f) of Section
11322.6, the following income, averaged determined over the
quarter semiannual period pursuant to Sections 11265.2 and
11265.3, shall be exempt from the calculation of the income of
the family for purposes of subdivision (a) of Section 11450:
(1) If disability-based unearned income does not exceed two
hundred twenty-five dollars ($225), both of the following amounts:
(A) All disability-based unearned income plus any amount of
not otherwise exempt earned income equal to the amount of the
difference between the amount of disability-based unearned income
and two hundred twenty-five dollars ($225).
(B) Fifty percent of all not otherwise exempt earned income in
excess of the amount applied to meet the differential applied in
subparagraph (A).
(2) If disability-based unearned income exceeds two hundred
twenty-five dollars ($225), both of the following amounts:
(A) All of the first two hundred twenty-five dollars ($225) in
disability-based unearned income.
(B) Fifty percent of all earned income.
(b) For purposes of this section:
(1) Earned income means gross income received as wages,
salary, employer provided employer-provided sick leave benefits,
commissions, or profits from activities such as a business enterprise
or farming in which the recipient is engaged as a self-employed
individual or as an employee.
(2) Disability-based unearned income means state disability
insurance benefits, private disability insurance benefits, temporary
workers’ compensation benefits, and social security disability
benefits.
(3) Unearned income means any income not described in
paragraph (1) or (2).
(c) This section shall become inoperative on the first day of the
first month following 90 days after the effective date of the act
that added this subdivision, or June 1, 2011, whichever is later,
and as of the inoperative date is repealed.
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SEC. 18.Section 11451.5 of the Welfare and Institutions Code,
as added by Section 25 of Chapter 8 of the Statutes of 2011, is
amended to read:
11451.5.(a) Except as provided by subdivision (f) of Section
11322.6, the following income, averaged determined over the
quarter semiannual period pursuant to Sections 11265.2 and
11265.3, shall be exempt from the calculation of the income of
the family for purposes of subdivision (a) of Section 11450:
(1) If disability-based unearned income does not exceed two
hundred twenty-five dollars ($225), both of the following amounts:
(A) All disability-based unearned income, plus any amount of
not otherwise exempt earned income not in excess of the lesser of
the following:
(i) One hundred twelve dollars ($112).
(ii) The amount of the difference between the amount of
disability-based unearned income and two hundred twenty-five
dollars ($225).
(B) Fifty percent of all not otherwise exempt earned income in
excess of the amount applied to meet the differential applied in
subparagraph (A).
(2) If disability-based unearned income exceeds two hundred
twenty-five dollars ($225), both of the following amounts:
(A) All of the first two hundred twenty-five dollars ($225) in
disability-based unearned income.
(B) Fifty percent of all earned income.
(b) For purposes of this section:
(1) Earned income means gross income received as wages,
salary, employer provided employer-provided sick leave benefits,
commissions, or profits from activities such as a business enterprise
or farming in which the recipient is engaged as a self-employed
individual or as an employee.
(2) Disability-based unearned income means state disability
insurance benefits, private disability insurance benefits, temporary
workers’ compensation benefits, and social security disability
benefits.
(3) Unearned income means any income not described in
paragraph (1) or (2).
(c) This section shall become operative on the first day of the
first month following 90 days after the effective date of the act
that added this section, or June 1, 2011, whichever is later.
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SEC. 18.
SEC. 19.Section 18901.2 is added to the Welfare and
Institutions Code, to read:
18901.2.The Legislature finds and declares all of the following:
(a) Many California families struggle with high rent and utility
costs, straining their household’s financial resources and often
limiting resources for food purchases.
(b) A number of other states have taken action to reduce these
struggles by implementing a “Heat and Eat” program that alleviates
the burden of high energy and shelter costs by maximizing federal
nutrition benefits, and consequently reducing paperwork.
(c) It is the intent of the Legislature to create a program in
California that provides a nominal Low Income Home Energy
Assistance Program (LIHEAP) benefit Home Energy Assistance
Program (HEAP) benefit, through the Low-Income Home Energy
Assistance Program (LIHEAP) block grant, to all applicants and
recipients of the CalFresh Program so that some households may
experience an increase in federal nutrition benefits and benefit
from paperwork reduction.
(d) To the extent permitted by federal law, the State Department
of Social Services shall, in conjunction with the State Department
of Community Services and Development, design, implement, and
maintain a utility assistance initiative.
(e) In implementing and maintaining the utility assistance
initiative, the State Department of Social Services shall do all of
the following:
(1) (A) Grant all applicants and recipients of CalFresh benefits
pursuant to this chapter a nominal Low Income Home Energy
Assistance Program (LIHEAP) Home Energy Assistance Program
(HEAP) benefit out of the federal Low-Income Home Energy
Assistance Program block grant (42 U.S.C. 8621 et seq.).
(B) In establishing the LIHEAP HEAP benefit amount, the
department shall take into consideration that the benefit level need
not provide significant utility assistance.
(2) Provide the LIHEAP HEAP benefit without requiring the
applicant or recipient to provide additional paperwork or
verification.
(3) To the extent permitted by federal law and to the extent
federal funds are available, provide the LIHEAP HEAP benefit
annually to each recipient of CalFresh benefits.
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(4) Deliver the LIHEAP HEAP benefit using the Electronic
Benefit Transfer (EBT) system or other nonpaper delivery system.
(5) Ensure that receipt of LIHEAP HEAP benefits pursuant to
this section shall not disqualify the applicant or recipient of
CalFresh benefits from receiving other LIHEAP HEAP benefits
or other utility benefits for which they qualify.
(f) To the extent permitted by federal law, a CalFresh household
receiving or anticipating receipt of LIHEAP HEAP benefits
pursuant to the utility assistance initiative or any other law shall
be entitled to use the full standard utility allowance (SUA) for the
purposes of calculating CalFresh benefits. A CalFresh household
shall be entitled to use the full SUA regardless of whether the
LIHEAP HEAP benefit is actually redeemed.
(g) The department shall implement the initiative by January 1,
2013.
SEC. 19.
SEC. 20.Section 18901.4 of the Welfare and Institutions Code
is amended to read:
18901.4.(a) Effective July 1, 2010, the department shall
propose a Transitional Food Stamps for Foster Youth
demonstration project under which independent foster care
adolescents, as defined in Section 1905(w)(1) of the federal Social
Security Act (42 U.S.C. Sec. 1396d(w)(1)) who are not eligible
for CalWORKs or Supplementary Supplemental Security Income
program benefits, shall be eligible without regard to income or
resources, subject to federal law authorizing demonstration projects
pursuant to Section 2011 and following of Title 7 of the United
States Code.
(b) An individual eligible for the program proposed pursuant
to this section shall receive the maximum benefit amount allotted
for a household size of one for the initial certification period, which
shall remain constant for the entirety of the initial certification
period. The food stamp case shall be established and maintained
in the county of jurisdiction designated by the terminating foster
care case.
(c) The demonstration project proposed pursuant to this section
shall maximize access to benefits and minimize interim reporting
requirements during the certification period.
(d) Not later than March 1, 2010, the department shall seek all
necessary federal approvals to implement this section as a
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demonstration project for these beneficiaries. This section shall
be implemented only to the extent that federal financial
participation is available.
(e) The department shall implement this section by an all-county
letter (ACL) or similar instruction from the director and shall adopt
regulations as otherwise necessary to implement this section no
later than January 1, 2011.
SEC. 20.
SEC. 21.Section 18910 of the Welfare and Institutions Code
is repealed.
SEC. 21.
SEC. 22.Section 18910 is added to the Welfare and Institutions
Code, to read:
18910.(a) To the extent permitted by the federal Food Stamp
Act, including Section 2015(c) of Title 7 of the United States Code,
implementing regulations, and any waivers obtained by the
department pursuant to subdivision (g) of Section 11265.2, the
department shall implement a prospective budgeting, semiannual
reporting system for recipients of CalFresh benefits.
(1) CalFresh households that also receive CalWORKs benefits
shall be subject to the CalWORKs semiannual reporting procedures
established in Sections 11265.1, 11265.2, and 11265.3.
(2) CalFresh households not receiving CalWORKs shall not be
required to report within the semiannual reporting period unless
specifically required by federal food stamp law. Otherwise,
CalFresh households not receiving CalWORKs shall be subject to
semiannual reporting procedures established in Sections 11265.1,
11265.2, and 11265.3, excluding the CalWORKs income reporting
threshold and any provisions not permitted under federal food
stamp law, regulation, or waivers obtained by the department
pursuant to subdivision (g) of Section 11265.2.
(b) For recipients of CalFresh benefits who also are Medi-Cal
beneficiaries and who are subject to the Medi-Cal midyear status
reporting requirements, counties shall seek to align the timing of
reports required under this section with midyear status reports
required by the Medi-Cal program.
(c) The requirements of subdivisions (h) and (i) of Section
11265.1 and subdivision (g) of Section 11265.2 shall apply to the
implementation of this section.
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(d) The department shall seek all necessary waivers from the
United States Department of Agriculture to implement this section.
(e) Counties may establish staggered, semiannual reporting
cycles for individual recipients, based on factors established or
approved by the department, including, but not limited to,
application date or case number. If the county elects to stagger the
reporting periods for individual recipients, this section shall apply
to an individual recipient on the first day of the month assigned to
the recipient, but in no event later than July 1, 2012. Up to and
until the establishment of the semiannual reporting system, counties
shall operate a quarterly system, as established by law and
regulation applicable immediately prior to the establishment of
the semiannual reporting system.
SEC. 22.
SEC. 23.(a) Except for Section 18901.2, the changes made
to the Welfare and Institutions Code by this act shall become
operative in a county on the date that the county implements the
semiannual reporting provisions referred to in those sections. A
county may implement the semiannual reporting provisions as
early as July 1, 2012, but in no event later than January 1, 2013.
(b) Notwithstanding subdivision (a), if a county elects to stagger
the reporting periods for individuals pursuant to subdivision (i) of
Section 11265.1 of the Welfare and Institutions Code or subdivision
(e) of Section 18910 of the Welfare and Institutions Code, as added
by this act, this act shall apply to an individual recipient on the
first day of the month assigned to that recipient, but in no event
later than July 1, 2013.
SEC. 23.
SEC. 24.(a) Notwithstanding Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code, until emergency regulations are filed with the Secretary of
State, the State Department of Social Services may implement the
changes made by this act through all-county letters or similar
instructions from the director. The department shall adopt
emergency regulations, as necessary to implement those changes
no later than January 1, 2013.
(b) The adoption of regulations pursuant to subdivision (a) shall
be deemed to be an emergency and necessary for the immediate
preservation of the public peace, health, safety, or general welfare.
The emergency regulations authorized by this section shall be
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exempt from review by the Office of Administrative Law. The
emergency regulations authorized by this section shall be submitted
to the Office of Administrative Law for filing with the Secretary
of State and shall remain in effect for no more than 180 days, by
which time final regulations shall be adopted.
SEC. 24.
SEC. 25.No appropriation pursuant to Section 15200 of the
Welfare and Institutions Code shall be made for purposes of this
act.
SEC. 25.
SEC. 26. 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.
O
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