Bill Text: CA AB702 | 2015-2016 | Regular Session | Introduced
Bill Title: CalWORKs: temporary shelter assistance.
Spectrum: Bipartisan Bill
Status: (Failed) 2016-11-30 - From Senate committee without further action. [AB702 Detail]
Download: California-2015-AB702-Introduced.html
BILL NUMBER: AB 702 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Maienschein
(Coauthors: Assembly Members Achadjian, Atkins, Calderon, Chávez,
Dababneh, Gallagher, Cristina Garcia, Gordon, Mathis, Mullin, Mark
Stone, and Waldron)
(Coauthors: Senators Anderson, Bates, Cannella, Huff, Nielsen,
Stone, Vidak, and Wieckowski)
FEBRUARY 25, 2015
An act to amend Section 11450 of the Welfare and Institutions
Code, relating to public social services.
LEGISLATIVE COUNSEL'S DIGEST
AB 702, as introduced, Maienschein. CalWORKs: temporary shelter
assistance.
Existing federal law provides for the allocation of federal funds
through the federal Temporary Assistance for Needy Families (TANF)
block grant program to eligible states. Existing law provides for the
California Work Opportunity and Responsibility to Kids (CalWORKs)
program under which, through a combination of state and county funds
and federal funds received through the TANF program, each county
provides cash assistance and other benefits to qualified low-income
families. Existing law, with certain exceptions, provides eligible
families with homeless assistance, including temporary shelter
assistance for one period of up to 16 consecutive calendar days.
This bill would eliminate the requirement that the temporary
assistance be provided during one period of consecutive days, and
instead would limit the temporary assistance to a maximum of 16
calendar days. This bill would require the State Department of Social
Services to issue an all-county letter or similar instructions by
April 1, 2016, and to adopt regulations to implement the provisions
of the bill by July 1, 2017. The bill also would make conforming and
technical, nonsubstantive changes. Because this bill would create new
administrative duties for counties, it would impose a state-mandated
local program.
Existing law continuously appropriates moneys from the General
Fund to defray a portion of county costs under the CalWORKs program.
This bill would, instead, provide that the continuous
appropriation would not be made for purposes of implementing the
bill.
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:
SECTION 1. Section 11450 of the Welfare and Institutions Code is
amended to read:
11450. (a) (1) (A) 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 11265.1, 11265.2, and 11265.3, and then calculated pursuant
to Section 11451.5, shall be deducted from the sum specified in the
following table, as adjusted for cost-of-living increases pursuant to
Section 11453 and paragraph (2). In no case shall the amount of aid
paid for each month exceed the sum specified in the following table,
as adjusted for cost-of-living increases pursuant to Section 11453
and paragraph (2), plus any special needs, as specified in
subdivisions (c), (e), and (f):
Number
of
eligible
needy
persons
in Maximum
the same home aid
1.............................. $ 326
2.............................. 535
3.............................. 663
4.............................. 788
5.............................. 899
6.............................. 1,010
7.............................. 1,109
8.............................. 1,209
9.............................. 1,306
10 or more...................... 1,403
(B) If, when, and during those times that the United States
government increases or decreases its contributions in assistance of
needy children in this state above or below the amount paid on July
1, 1972, the amounts specified in the above table shall be increased
or decreased by an amount equal to that increase or decrease by the
United States government, provided that no increase or decrease shall
be subject to subsequent adjustment pursuant to Section 11453.
(2) The sums specified in paragraph (1) shall not be adjusted for
cost of living for the 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 former Section
11453.05, and no further reduction shall be made pursuant to that
section.
(b) (1) When the family does not include a needy child qualified
for aid under this chapter, aid shall be paid to a pregnant child who
is 18 years of age or younger at any time after verification of
pregnancy, in the amount that would otherwise be paid to one person,
as specified in subdivision (a), if the child and her 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.
(2) Notwithstanding paragraph (1), when the family does not
include a needy child qualified for aid under this chapter, aid shall
be paid to a pregnant woman for the month in which the birth is
anticipated and for the six-month period immediately prior to the
month in which the birth is anticipated, in the amount that would
otherwise be paid to one person, as specified in subdivision (a), if
the woman 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.
(3) 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 women qualified for aid under subdivision (a) or (b)
to meet special needs resulting from pregnancy if the woman 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 women 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 woman and 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 that, 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 needs
items. The sum of all nonrecurring special needs provided by this
subdivision shall not exceed six hundred dollars ($600) per event.
(2) (A) 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 that are apparently eligible for aid under this
chapter. Apparent eligibility exists when evidence presented by the
applicant, or that is otherwise available to the county 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.
(B) 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 needs benefit 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 needs benefit 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) (i) A nonrecurring special needs benefit 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.
(ii) 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 CalFresh benefits or special
needs benefit 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 CalFresh benefits or special needs benefit for a family of
that size.
(iii) 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 subclause (II) of
clause (ii).
(C) The nonrecurring special needs benefit for permanent housing
assistance is also available to cover the standard costs of deposits
for utilities 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
, or denial of, permanent housing assistance is issued
within one working day from the submission of evidence of the
availability of permanent housing, unless the family has failed to
provide all of the verification necessary to establish eligibility
for aid under this chapter.
(E) (i) Except as provided in clauses (ii) and (iii), eligibility
for the temporary shelter assistance and the permanent housing
assistance pursuant to this paragraph shall be limited to
one period of up to a maximum of 16
consecutive calendar days of temporary assistance and one
payment of permanent assistance. Any A
family that includes a parent or nonparent caretaker relative living
in the home who has previously received the maximum allowable
temporary or permanent homeless assistance at any time on
behalf of an eligible child shall not be eligible for further
homeless assistance. Any A person who
applies for homeless assistance benefits shall be informed that
, with certain exceptions, 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 is limited to a maximum of 16
calendar days in a lifetime .
(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 a maximum of 32 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 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 necessary data to
the department through a statewide homeless assistance payment
indicator system, as requested by the department, regarding all
recipients of aid under this paragraph.
(F) The county welfare departments, and all other entities
participating in the costs of the CalWORKs 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 needs
benefit 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 statewide application of this section.
(h) The department shall notify all applicants and recipients of
aid through the standardized application form that these benefits are
available and shall provide an opportunity for recipients to apply
for the funds quickly and efficiently.
(i) (A) 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).
(B) 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.
(k) (1) A county shall implement the semiannual reporting
requirements in accordance with Chapter 501 of the Statutes of 2011
no later than October 1, 2013.
(2) Upon completion of the implementation described in paragraph
(1), each county shall provide a certificate to the director
certifying that semiannual reporting has been implemented in the
county.
(3) Upon filing the certificate described in paragraph (2), a
county shall comply with the semiannual reporting provisions of this
section.
(l) This section shall become operative on July 1, 2015.
SEC. 2. (a) Notwithstanding the Administrative Procedure Act
(Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code), the State Department of Social
Services shall implement this act through an all-county letter or
similar instructions from the director no later than April 1, 2016.
(b) The department shall adopt regulations as necessary to
implement this act no later than July 1, 2017.
SEC. 3. No appropriation pursuant to Section 15200 of the Welfare
and Institutions Code shall be made for purposes of this act.
SEC. 4. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
