AB 271, as introduced, Mitchell. CalWORKs: eligibility.
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 for the allocation of federal funds received through the TANF program, under which each county provides cash assistance and other benefits to qualified low-income families. Under existing law, for purposes of determining a family’s maximum aid payment under the CalWORKs program, the number of needy persons in the same family is not increased for any child born into a family that has received aid under the CalWORKs program continuously for the 10 months prior to the birth of the child, with specified exceptions.
This bill would repeal that exclusion for purposes of determining the family’s maximum aid payment and would expressly prohibit the denial of aid or denial of an increase in the maximum aid payment as a result of the birth of a child. The bill would also prohibit the department from conditioning an applicant or recipient’s eligibility for aid on the applicant or recipient’s disclosure of specified information regarding rape, incest, or contraception, as specified.
Existing law continuously appropriates moneys from the General Fund to defray a portion of county aid grant costs under the CalWORKs program.
This bill would declare that no appropriation would be made for purposes of the bill.
To the extent that this bill affects eligibility under the CalWORKs program, the bill would create a state-mandated 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 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:
The Legislature finds and declares that this act
2is necessary to protect the reproductive and privacy rights of all
3applicants for, and recipients of, aid under the California Work
4Opportunity and Responsibility to Kids Act (CalWORKs).
Section 11270.5 is added to the Welfare and
6Institutions Code, following Section 11270, to read:
(a) An applicant for or recipient of aid under this
8chapter shall not be required as a condition of eligibility to do any
9of the following:
10(1) Divulge any member of the assistance unit’s status as a
11victim of rape or incest.
12(2) Share confidential medical records related to any member
13of the assistance unit’s rape or incest.
14(3) Use contraception, choose a particular method of
15contraception, or divulge the method of contraception any member
16of the assistance unit uses.
17(b) An applicant for or recipient of aid under this chapter shall
18not be denied aid,
nor denied an increase in the maximum aid
19payment, as a result of the birth of a child.
Section 11450.04 of the Welfare and Institutions Code
21 is repealed.
(a) For purposes of determining the maximum aid
2payment specified in subdivision (a) of Section 11450 and for no
3other purpose, the number of needy persons in the same family
4shall not be increased for any child born into a family that has
5received aid under this chapter continuously for the 10 months
6prior to the birth of the child. For purposes of this section, aid shall
7be considered continuous unless the family does not receive aid
8during two consecutive months. This subdivision shall not apply
9to applicants for, or recipients of, aid
unless notification is provided
10pursuant to this section.
11(b) This section shall not apply with respect to any of the
12following children:
13(1) Any child who was conceived as a result of an act of rape,
14as defined in Sections 261 and 262 of the Penal Code, if the rape
15was reported to a law enforcement agency, medical or mental
16health professional or social services agency prior to, or within
17three months after, the birth of the child.
18(2) Any child who was conceived as a result of an incestuous
19relationship if the relationship was reported to a medical or mental
20health professional or a law enforcement agency or social services
21agency prior to, or within three months after, the birth of the child,
22or if paternity has been established.
23(3) Any child who
was conceived as a result of contraceptive
24failure if the parent was using an intrauterine device, a Norplant,
25or the sterilization of either parent.
26(c) This section shall not apply to any child born on or before
27November 1, 1995.
28(d) (1) This section shall not apply to any child to whom it
29would otherwise apply if the family has not received aid for 24
30consecutive months while the child was living with the family.
31(2) This section shall not apply to any child conceived when
32either parent was a nonneedy caretaker relative.
33(3) This section shall not apply to any child who is no longer
34living in the same home with either parent.
35(e) One hundred percent of any child
support payment received
36for a child born into the family, but for whom the maximum aid
37payment is not increased pursuant to this section, shall be paid to
38the assistance unit. Any such child support payment shall not be
39considered as income to the family for the purpose of calculating
40the amount of aid for which the family is eligible under this article.
P4 1(f) Commencing January 1, 1995, each county welfare
2department shall notify applicants for assistance under this chapter,
3in writing, of the provisions of this section. The notification shall
4also be provided to recipients of aid under this chapter, in writing,
5at the time of recertification, or sooner. The notification required
6by this section shall set forth the provisions of this section and
7shall state explicitly the impact these provisions would have on
8the future aid to the assistance unit. This section shall not apply
9to any recipient’s child earlier than 12 months after the mailing of
10
an informational notice as required by this subdivision.
11(g) (1) The department shall seek all appropriate federal waivers
12for the implementation of this section.
13(2) The department shall implement this section commencing
14on the date the Director of Social Services executes a declaration,
15that shall be retained by the director, stating that the administrative
16actions required by paragraph (1) as a condition of implementation
17of this section have been taken by the United States Secretary of
18Health and Human Services.
19(h) Subdivisions (a) to (g), inclusive, shall become operative
20on January 1, 1995.
No appropriation pursuant to Section 15200 of the
22Welfare and Institutions Code shall be made for the purposes of
23this act.
If the Commission on State Mandates determines that
25this act contains costs mandated by the state, reimbursement to
26local agencies and school districts for those costs shall be made
27pursuant to Part 7 (commencing with Section 17500) of Division
284 of Title 2 of the Government Code.
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