Bill Text: CA AB1039 | 2017-2018 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Racial and identity profiling: reporting: peace officer.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2018-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1039 Detail]

Download: California-2017-AB1039-Introduced.html


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1039


Introduced by Assembly Member Quirk-Silva

February 16, 2017


An act to amend Section 18901.4 of the Welfare and Institutions Code, relating to CalFresh.


LEGISLATIVE COUNSEL'S DIGEST


AB 1039, as introduced, Quirk-Silva. CalFresh: nonminor dependents: supervised independent living placement.
Existing law establishes the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, under which counties provide payments to foster care providers on behalf of qualified children in foster care. The program is funded by a combination of federal, state, and county funds. Existing law extends AFDC-FC benefits to specified nonminor dependents up to 21 years of age, in accordance with federal provisions. Existing law requires a child or nonminor dependent, in order to be eligible for AFDC-FC benefits, to be placed in one of specified placements. Existing law establishes, as one of those placements, with respect to a nonminor dependent, a supervised independent living placement, defined as an independent supervised setting, as specified in a nonminor dependent’s transitional independent living case plan, in which the youth is living independently pursuant to federal provisions.
Existing federal law provides for the Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county and administered by the State Department of Social Services. Existing law, effective July 1, 2010, required the department to propose a Transitional Food Stamps for Foster Youth demonstration project under which certain independent foster care adolescents, as defined, are eligible for the project without regard to income or resources, subject to federal law authorizing demonstration projects, as specified. Existing law required the department, no later than March 1, 2010, to seek all necessary federal approvals to implement the project and requires the project to be implemented only to the extent that federal financial participation is available.
This bill would make a nonminor dependent residing in a supervised independent living placement eligible for CalFresh benefits without regard to income or resources. The bill would require the nonminor dependent to receive the maximum benefit amount allotted for a household size of one. If the nonminor dependent is a custodial parent, the bill would require that he or she receive the maximum benefit amount allotted for his or her household size. The bill would require the department to seek all necessary federal approvals to implement these provisions and would require that these provisions be implemented only to the extent that federal financial participation is available. By increasing the duties of local officials, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 18901.4 of the Welfare and Institutions Code is amended to read:

18901.4.
 (a) (1) 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 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)

(2) An individual eligible for the program proposed pursuant to this section subdivision 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)

(3) The demonstration project proposed pursuant to this section subdivision shall maximize access to benefits and minimize interim reporting requirements during the certification period.

(d)

(4) Not later than March 1, 2010, the department shall seek all necessary federal approvals to implement this section subdivision as a demonstration project for these beneficiaries. This section subdivision shall be implemented only to the extent that federal financial participation is available.

(e)

(5) The department shall implement this section subdivision by an all-county letter (ACL) or similar instruction from the director and shall adopt regulations as otherwise necessary to implement this section subdivision no later than January 1, 2011.
(b) (1) A nonminor dependent residing in a supervised independent living placement, as defined in subdivision (w) of Section 11400, shall be eligible for CalFresh benefits without regard to income or resources. The nonminor dependent shall receive the maximum benefit amount allotted for a household size of one. If the nonminor dependent is a custodial parent, he or she shall receive the maximum benefit amount allotted for his or her household size.
(2) The department shall seek all necessary federal approvals to implement this subdivision. This subdivision shall be implemented only to the extent that federal financial participation is available.

SEC. 2.

 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.
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