Bill Text: CA AB1403 | 2019-2020 | Regular Session | Amended

California Assembly Bill 1403 (Prior Session Legislation)

Bill Title: General assistance: eligibility.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2019-08-30 - In committee: Held under submission. [AB1403 Detail]

Download: California-2019-AB1403-Amended.html

Amended IN Senate July 11, 2019

Amended IN Senate July 01, 2019

Amended IN Assembly May 16, 2019

Amended IN Assembly April 11, 2019

Amended IN Assembly March 19, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 1403

Introduced by Assembly Member Carrillo

February 22, 2019

An act to amend Section 17021 of the Welfare and Institutions Code, relating to public social services.

LEGISLATIVE COUNSEL'S DIGEST

AB 1403, as amended, Carrillo. General assistance: eligibility.

Existing law requires each county to provide aid to its indigent residents not supported by other means. These county programs are known as general assistance programs. Existing law makes an individual who is not eligible for benefits under the California Work Opportunity and Responsibility to Kids (CalWORKs) program as a result of the 48-month limitation ineligible for aid or assistance from a general assistance program until the children on whose behalf the individual received CalWORKs benefits are 18 years of age or older.

This bill would remove that restriction on eligibility for aid or assistance from a general assistance program if the individual ~~does not have~~ is a parent of a child who is under 18 years of age and not living in the home as the result of one or more specified conditions, including, among others, a court-ordered custody agreement. By expanding eligibility for general assistance, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES

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

SECTION 1.

Section 17021 of the Welfare and Institutions Code is amended to read:

17021.

(a) (1) Any individual who is not eligible for aid under Chapter 2 (commencing with Section 11200) of Part 3 as a result of the 48-month limitation specified in subdivision (a) of Section 11454 shall not be eligible for aid or assistance under this part until all of the children of the individual on whose behalf aid was received, whether or not currently living in the home with the individual, are 18 years of age or older.

(2) (A) Notwithstanding paragraph (1), an individual who is described in paragraph (1) who does not have a child under 18 years of age currently living with the individual due to one or more of the following conditions shall be eligible for aid or assistance under this part if the individual meets all other eligibility criteria:

(i) A court-ordered custody agreement.

(ii) Placement into foster care by the county child welfare agency, placement by the county probation department, or termination of parental rights by the juvenile court.

(iii) Placement with a guardian pursuant to an order of the probate or juvenile court.

(iv) Death of the child.

~~(v)The parent does not have care and control of the child, under conditions defined by the State Department of Social Services.~~
(v) The child has been removed from the assistance unit under the CalWORKs program (Chapter 2 (commencing with Section 11200) of Part 3) due to absence from the home based on runaway status, as defined by the State Department of Social Services.

(B) An individual who is eligible for assistance under subparagraph (A) shall continue to be eligible for aid for as long as one or more of the conditions listed in subparagraph (A) continues to exist.

(b) Any individual who is receiving aid under Chapter 2 (commencing with Section 11200) of Part 3 on behalf of an eligible child, but who is either ineligible for aid or whose needs are not otherwise taken into account in determining the amount of aid to the family pursuant to Section 11450 due to the imposition of a sanction or penalty, shall not be eligible for aid or assistance under this part.

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.