Bill Text: CA SB380 | 2017-2018 | Regular Session | Amended

California Senate Bill 380 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: CalWORKs: child support.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2017-10-12 - Chaptered by Secretary of State. Chapter 729, Statutes of 2017. [SB380 Detail]

Download: California-2017-SB380-Amended.html

Amended IN Assembly July 18, 2017

Amended IN Assembly July 05, 2017

Amended IN Senate April 27, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill

No. 380

Introduced by Senator Bradford

February 14, 2017

An act to amend Section 11008.14 of, and to add Section 11450.17 to, the Welfare and Institutions Code, relating to CalWORKs.

LEGISLATIVE COUNSEL'S DIGEST

SB 380, as amended, Bradford. CalWORKs: child support.

(1) Existing federal law provides for 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.

For purposes of determining eligibility under the CalWORKs program, and for computing the amount of aid payment, existing law requires that families be grouped into assistance units, as specified. Existing law requires an assistance unit to include the eligible parents of the eligible child and the eligible siblings of the eligible child when those persons reside in the same home as the eligible child, except as specified.

This bill would exclude from the assistance unit a stepsibling, as defined, of an eligible child in the assistance unit, for whom an adult in the assistance unit receives a payment of child support when an adult in the assistance unit has requested in writing that the child not be included in the assistance unit. The bill would require a notification to be made to a CalWORKs applicant or recipient, upon application or redetermination of eligibility under the CalWORKs program, regarding the option to exclude a child from the assistance unit pursuant to these provisions. prohibit the inclusion of a stepsibling or half-sibling for whom child support payments are received, as specified, in the number of needy persons in the same family for purposes of determining the maximum aid payment under the CalWORKs program and for no other purpose. The bill would require each county welfare department to notify CalWORKs applicants and recipients of these provisions, in writing, as specified. The bill would require the ~~department~~ State Department of Social Services to seek all appropriate federal waivers for the implementation of these provisions. By increasing the duties of counties administering the CalWORKs program, this bill would impose a state-mandated local program.

(2) Under existing law, the income of the natural or adoptive parent, the spouse of the natural or adoptive parent, and the sibling of an eligible child, living in the same home with an eligible child is considered available, in addition to the income of an applicant for or recipient of aid under the CalWORKs program, for purposes of eligibility determination and grant computation under certain social services programs, including the CalWORKs program.

This bill would instead provide that the income of the above-described relatives of a child who is not excluded from the assistance unit, pursuant to the provisions described in paragraph (1) above, is considered available for purposes of eligibility determination and grant computation. bill, with respect to the income of the sibling of an eligible child, would instead provide that the income is considered available unless the sibling is not included in the number of needy persons used to calculate the maximum aid payment pursuant to the provisions described in paragraph (1) above. The bill would prohibit income through child support for a child ~~excluded from the assistance unit~~ not included in the number of needy persons used to calculate the maximum aid payment from being considered available to any member of the assistance unit. By increasing the duties of counties administering the CalWORKs program, this bill would impose a state-mandated local program.

(3) 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.

(4) 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 11008.14 of the Welfare and Institutions Code is amended to read:

11008.14.

(a) The income of the natural or adoptive parent, the spouse of the natural or adoptive parent, and the sibling of an eligible child ~~not excluded from the assistance unit~~ unless the sibling is not included in the number of needy persons used to calculate the maximum aid payment pursuant to Section 11450.17, living in the same home with an eligible child shall be considered available, in addition to the income of an applicant for or recipient of aid under Chapter 2 (commencing with Section 11200), for purposes of eligibility determination and grant computation. Except as otherwise provided in this section, in the case of a parent or legal guardian of a minor who is also the parent of an eligible child, the income of the parent or guardian shall be considered available to the minor parent and eligible child to the same extent that income to a stepparent is considered available to an assistance unit. Income through child support for a child ~~excluded from the assistance unit~~ not included in the number of needy persons used to calculate the maximum aid payment pursuant to Section 11450.17 shall not be considered available to any member of the assistance unit.

(b) This section shall be applied to all applicants for, and recipients of, Aid to Families with Dependent Children provided under Chapter 2 (commencing with Section 11200), except that income of a guardian of an applicant for, or recipient of, foster care benefits provided under Article 5 (commencing with Section 11400) of Chapter 2 shall not be considered available to the ward or to a child of the ward for the purpose of eligibility determination and grant computation under Article 5 (commencing with Section 11400) of Chapter 2. This section shall be applied regardless of whether federal financial participation is available for the family.

SEC. 2.

Section 11450.17 is added to the Welfare and Institutions Code, to read:

11450.17.

(a) (1) For purposes of determining the maximum aid payment specified in subdivision (a) of Section 11450 and for no other purpose, the number of needy persons in the same family shall not include a ~~stepsibling,~~ stepsibling or a half-sibling, as defined in subdivision (d).

(2) One hundred percent of any child support payment received for a child born into the family, but for whom the maximum aid payment is not increased pursuant to this section, shall be paid to the assistance unit. Any child support payment received for that child shall not be considered as income to the family for the purpose of calculating the amount of aid for which the family is eligible under this article.

(b) Each county welfare department shall notify applicants for assistance under this chapter, in writing, of the provisions of this section. The ~~notification shall also be provided~~ county welfare department shall also provide the notification to recipients of aid under this chapter, in writing, at the time of redetermination, or sooner. The notification required by this section shall set forth the provisions of this section and shall state explicitly the impact that these provisions would have on the future aid to the assistance unit.

(d) For purposes of this section, “stepsibling” or “half-sibling” means a child who meets both of the following conditions:

(1) He or she lives with ~~an eligible child for whom child support payment is not received.~~ at least one eligible child.

(2) He or she is a child for whom child support ~~payment is~~ payments are received and who meets either of the following conditions:

(A) His or her child support ~~payment is~~ payments are greater than the amount of aid that the child would receive under Section 11450.

(B) The head of ~~the~~ household in for the assistance unit has requested that the child not be included in the ~~assistance unit for purposes of aid payment under Section 11450.~~ number of needy persons used to calculate the maximum aid payment.

SEC. 3.

No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of implementing 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.