BILL NUMBER: AB 2061 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 10, 2014
AMENDED IN ASSEMBLY MAY 23, 2014
AMENDED IN ASSEMBLY MARCH 28, 2014
INTRODUCED BY Assembly Member Chau
FEBRUARY 20, 2014
An act to add Article 5.5 (commencing with Section 11420)
to Chapter 2 of Part 3 of Division 9 of Section 18262
to the Welfare and Institutions Code, relating to public
social services.
LEGISLATIVE COUNSEL'S DIGEST
AB 2061, as amended, Chau. Housing Program for Homeless
Families Receiving Child Welfare Services. Child
welfare services: families experiencing homelessness .
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, with moneys from the General Fund being
continuously appropriated to pay for the state's share of AFDC-FC
costs.
Existing law authorizes the State Department of Social Services to
conduct a demonstration project in up to 20 counties, to allow
flexible use of federal and state foster care funds by utilizing a
federal capped allocation model over a 5-year period, based on the
terms and conditions of the federal Title IV-E waiver.
Existing law provides for child welfare services, which are public
social services directed toward, among other purposes, protecting
and promoting the welfare of all children, including those in foster
care placement.
This bill would require the department, subject to federal
approval, to include innovative, evidence-based strategies in the
federal Title IV-E waiver capped allocation demonstration project to
achieve supportive housing, rapid rehousing, and permanent housing,
as described, for families that include a child placed in foster
care, who are receiving child welfare services, and who are
experiencing homelessness. The bill would also provide that the
continuous appropriation for the state's share of the AFDC-FC costs
would not be made for purposes of implementing the bill.
Existing law provides for the California Work Opportunity and
Responsibility to Kids (CalWORKs) program under which each county
provides cash assistance and other benefits to qualified low-income
families using a combination of state, county, and federal funds.
Under existing law, after a family has used all available liquid
resources in excess of $100, the family is entitled to receive a
CalWORKs allowance for nonrecurring special needs, including homeless
assistance.
Under existing law, the State Department of Social Services and
county welfare departments maintain a system of child welfare
services to serve the needs of children who are alleged to be abused
or neglected, to reduce the necessity for removing these children
from their homes, to encourage speedy reunification of families when
it can be safely accomplished, and to locate permanent homes and
families for children who cannot return to their biological families,
among other things.
This bill would establish the Housing Program for Homeless
Families Receiving Child Welfare Services, under which the State
Department of Social Services would provide a 4-year grant to a
participating county to enable the county to provide specified
housing services and related financial assistance to homeless, or
recently homeless, families that receive child welfare services and
meet other eligibility criteria. The bill would require, among other
things, a participating county to fund 50% of the cost of the
services delivered under the program, as provided.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) A correlation exists between family homelessness and foster
care placement. Though homelessness alone is not a basis for removing
a child from a home, almost one-half of children in foster care have
birth parents with a history of homelessness. Foster children with
homeless birth parents are less likely to live with relative
caregivers than children of families with stable housing, and these
children remain separated from their families for longer than
children of families with stable housing.
(b) Homelessness and housing instability interfere with the
reunification of children in foster care with birth families. As many
as 30 percent of children in foster care who cannot be reunited with
birth families could be reunited if the family were able to access a
safe place to live.
(c) Like children of homeless families, children involved with a
child welfare system experience elevated school dropout rates,
learning difficulties, worsening mental health conditions, and high
levels of aggravation.
(d) A study of child-welfare-involved families experiencing
long-term homelessness with at least one parent with a substance use
disorder showed supportive housing allowed the majority of families'
child welfare cases to be resolved by reuniting families within 10
months. The study showed supportive housing reduced actual and
potential use of foster care services by an average of 187 days.
(e) Studies have shown that providing low-cost short- and
medium-term housing and services interventions, known as "rapid
rehousing services," to families experiencing brief episodes of
homelessness results in housing stability, with families becoming 4.7
times less likely to return to homelessness than shelter
interventions.
(f) A child's experience with foster care perpetuates a cycle of
homelessness. Data shows that 25 percent of children placed in foster
care become homeless within four years of aging out.
(g) Jurisdictions are using evidence-based strategies to implement
federal demonstration waivers that grant states flexibility in the
use of federal foster care payment funds. These waivers allow child
welfare agencies to use alternative services and supports that
promote safety, permanency, and well-being for children.
(h) It is the intent of the Legislature to promote the use of
innovative, evidence-based models to assess the housing needs of
families who are receiving child welfare services and who are
experiencing homelessness, and to fund
coordinate and access resources available for rapid rehousing,
supportive housing, and services that promote housing stability, with
the goals of preventing foster care placement and reuniting children
in foster care with their birth parents.
SEC. 2. Article 5.5 (commencing with Section
11420) is added to Chapter 2 of Part 3 of Division 9 of the Welfare
and Institutions Code, to read:
Article 5.5. Housing Program for Homeless Families Receiving
Child Welfare Services
11420. For purposes of this article, the following terms shall
have the following meanings:
(a) (1) "Eligible family" means a family that meets all of the
following criteria:
(A) Receives child welfare services, as defined in Section 16501,
which include, but are not limited to, child maltreatment
investigations, emergency response services, family preservation
services, family maintenance services, out-of-home placements, family
reunification services, and the identification of children to be
placed in suitable relative adoptive homes.
(B) Is homeless or has been homeless within the past 12 months.
(C) Voluntarily agrees to participate in the program.
(D) Meets any additional criteria adopted by the county.
(2) "Eligible family" does not include a family for whom family
reunification services have been denied or terminated.
(b) "Department" means the State Department of Social Services.
(c) "Homeless" has the same meaning as defined in Section 91.5 of
Title 24 of the Code of Federal Regulations, as it read on January 1,
2014.
(d) "Permanent housing" means housing without a limit on length of
stay that meets the habitability requirements contained in Section
1941.1 of the Civil Code.
(e) "Rapid rehousing" means assistance to allow individuals and
families experiencing homelessness to be quickly stabilized and
housed in permanent housing affordable to the individual or family,
and includes, but is not limited to, the services identified in
Section 11422.
(f) "Supportive housing" has the same meaning as defined in
paragraph (2) of subdivision (b) of Section 50675.14 of the Health
and Safety Code, but is not restricted to projects with five or more
units.
11421. (a) The department shall design the Housing Program for
Homeless Families Receiving Child Welfare Services, which shall do
both of the following:
(1) Upon appropriation by the Legislature, provide a four-year
grant to any county that meets the requirements of Section 11424, to
enable the county to provide the services and financial assistance
described in Section 11422.
(2) Promote participation in, and educate county officers and
employees regarding, the program.
(b) The department shall, using a third-party evaluator, collect
data and evaluate the effect of the program, including all of the
following:
(1) How many families the program served.
(2) The services provided to each family.
(3) The median and mean costs per family expended by each county.
(4) The status of each participating family's child welfare case
upon entering the program, after six months in the program, after one
year in the program, and, if applicable, after two years in the
program, as well as the length of time to resolve a participating
family's case as compared with other families' cases in each
participating county.
(5) The incidence of recidivism into the child welfare system
among participating families, as compared to the incidence of
recidivism among other families involved in the child welfare system
in the participating county, over a specified period of time.
(6) The current housing status of each participating family.
(7) Other relevant outcomes, such as school performance and change
in income status.
(c) The department shall provide opportunities for public comment
and input from the counties during the design process.
(d) Subject to federal approval, the department shall include the
services identified in Section 11422 as part of a Title IV-E waiver
demonstration project.
11422. A county that opts to participate in the program shall
provide all of the following services to an eligible family:
(a) An assessment of the family's housing needs and the
development of a plan to meet those needs.
(b) The engagement of housing navigators to help families locate
safe, affordable housing with private or nonprofit landlords.
(c) If appropriate based on the assessment of the family's housing
needs, the provision of rapid rehousing assistance, including, but
not limited to, all of the following:
(1) Short-term or medium-term rental assistance.
(2) Housing relocation services.
(3) Housing mediation services, such as credit counseling.
(4) Security deposits, utility deposits, or other move-in cost
assistance.
(5) Utility payments.
(6) Moving cost assistance.
(7) Case management to promote housing stability.
(d) If appropriate based on the assessment of the family's housing
needs, the provision of supportive housing assistance, including,
but not limited to, all of the following:
(1) Long-term rental assistance.
(2) Housing relocation services.
(3) Security deposits, utility deposits, or other move-in cost
assistance.
(4) Interim housing assistance, if the family and child welfare
agency are working toward permanent housing placement.
(5) Case management and other services that promote housing
stability.
11423. Rental assistance provided under the program shall be used
only for housing that meets all of the following criteria:
(a) Is permanent as defined in Section 11420, unless interim
housing assistance is provided while a family is awaiting placement
in permanent housing.
(b) Offers all of the landlord-tenant protections included in the
Civil Code.
(c) Provides rental agreements between landlords and tenants.
11424. A county shall be eligible for state funds under this
program, upon application to the department, if the county meets both
of the following criteria:
(a) The county funds 50 percent of the costs of the services
identified in Section 11422 from one of the following sources:
(1) Foster care payment funds, if the county is participating in
the federal Title IV-E waiver capped allocation demonstration project
pursuant to Section 18260.
(2) A commitment of federal, state, or local housing subsidies
administered by a public housing authority to meet participating
families' rental assistance needs.
(3) A commitment of rental assistance through partnership with a
community-based permanent housing provider that agrees to limit
participating families' rent to one-third of each family's income.
(b) The county demonstrates need and the capacity to administer
the grants.
SEC. 2. Section 18262 is added to the
Welfare and Institutions Code , to read:
18262. The department, subject to federal approval, shall include
innovative, evidence-based strategies in the federal Title IV-E
waiver capped allocation demonstration project pursuant to Section
18260 to assist families that include a child placed in foster care,
who are receiving child welfare services, and who are experiencing
homelessness to achieve the following:
(a) Supportive housing, including housing with no limit on length
of stay, that is occupied by the target population, and that is
linked to onsite or offsite services that assist the supportive
housing resident in retaining the housing, improving his or her
health status, and maximizing his or her ability to live and, when
possible, work in the community.
(b) Rapid rehousing, including assistance that enables an
individual or family experiencing homelessness to be quickly
stabilized and housed in permanent housing affordable to the
individual or family.
(c) Permanent housing, including housing without a limit on the
length of stay that meets the affirmative standard characteristics of
Section 1941.1 of the Civil Code.
SEC. 3. No appropriation pursuant to Section 15200
of the Welfare and Institutions Code shall be made for purposes of
implementing this act.