BILL NUMBER: AB 309 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 19, 2013
INTRODUCED BY Assembly Member Mitchell
( Coauthors: Assembly Members
Ammiano, Chesbro, Eggman, and
Ting )
( Coauthor: Senator Beall
)
FEBRUARY 12, 2013
An act to amend Sections 18901 and 18904.25 of, and to
amend and repeal Section 18914 of, the Welfare and
Institutions Code, relating to public social services.
LEGISLATIVE COUNSEL'S DIGEST
AB 309, as amended, Mitchell. CalFresh: homeless youth.
Existing federal law provides for the federal Supplemental
Nutrition Assistance Program (SNAP), known in California as CalFresh,
formerly the Food Stamp Program, under which supplemental nutrition
assistance benefits allocated to the state by the federal government
are distributed to eligible individuals by each county. Under
existing law, households are eligible to receive CalFresh benefits to
the extent permitted by federal law. Further, existing law requires
county welfare departments to develop information, and make that
information available to homeless shelters, emergency food programs,
and other community agencies that provide services to homeless
people, on expedited services targeted to the homeless and to provide
training to homeless shelter operators on CalFresh application
procedures.
This bill would clarify that eligibility for CalFresh benefits,
including expedited services, is not dependent on the age of an
applicant and that county welfare departments must accept
applications from unaccompanied homeless children and youths.
applicant and would require county welfare
departments, upon receipt of a signed CalFresh application from an
unaccompanied child or youth under 18 years of age, to determine
without delay his or her eligibility for benefits, as specified, and
entitlement to expedited services, as specified. If the application
is denied, the county welfare department would be required to notify
the child or youth in writing of the reason for the denial.
This bill would also require that county welfare departments make
information about CalFresh expedited services targeted to the
homeless population available to local educational agency liaisons,
as defined, and include information regarding CalFresh eligibility
for unaccompanied homeless children and youths in the training
provided to homeless shelter operators.
By expanding the number of people a county welfare department must
make information available to, and requiring county welfare
departments to augment the training they provide to homeless shelter
operators and provide notice, as specified, t o an
unaccompanied child or youth , this 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 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 18901 of the Welfare and Institutions Code is
amended to read:
18901. (a) The eligibility of households shall be determined to
the extent permitted by federal law.
(b) In determining eligibility for CalFresh, no minimum age
requirement shall be imposed other than those that exist under
federal law.
SEC. 2. Section 18904.25 of the Welfare and Institutions Code is
amended to read:
18904.25. (a) Pursuant to the federal Stewart B. McKinney
Homeless Assistance Act (Public Law 100-77), the department shall
develop CalFresh information on expedited services targeted to the
homeless population, including unaccompanied homeless children and
youths, as those terms are defined Section 1434a
11434a of Title 42 of the United States Code. This
information shall be made available to homeless shelters, emergency
food programs, local educational agency liaisons for homeless
children and youths, designated pursuant to Section 11432(g)(1)(J)
(ii) of Title 42 of the United States Code, and other community
agencies who provide services to homeless people.
(b) Each county welfare department shall annually offer training
on CalFresh application procedures to homeless shelter operators.
That training shall include eligibility criteria and specific
information regarding the eligibility of unaccompanied homeless
children and youths. In addition, each county welfare department,
upon request, shall provide homeless shelters with a supply of that
portion of the CalFresh application used to request CalFresh
expedited service.
(c) Each county welfare department shall accept CalFresh
applications from unaccompanied homeless children and youths under 18
years of age and shall determine eligibility for benefits under
CalFresh, including whether those children and youth constitute their
own household or a part of the household in which they are
temporarily staying, on an individualized basis.
(c) Upon receipt of a signed CalFresh application from an
unaccompanied child or youth under 18 years of age, the county
welfare department shall, without unnecessary delay, determine
eligibility for CalFresh benefits, including making a determination
of whether the child or youth is eligible to apply as a household of
one or if he or she must apply with members of a household with whom
he or she is regularly purchasing and preparing foods, and screen the
application for entitlement to expedited service pursuant to Section
18914. If the application of the child or youth for CalFresh
benefits is denied, the county welfare department shall provide the
child or youth a written notice explaining the reason for the denial.
SEC. 3. Section 18914 of the Welfare and
Institutions Code, as amended by Section 1 of Chapter 468 of the
Statutes of 2012, is amended to read:
18914. (a) In accordance with, and to the extent provided by,
federal law, the county human services agency shall provide CalFresh
benefits on an expedited basis as provided in subdivision (b) to
households, including households consisting of an unaccompanied
homeless child or youth, determined to be in immediate need of food
assistance.
(b) Pursuant to the federal requirements of Section 273.2(i)(2) of
Title 7 of the Code of Federal Regulations, the county human
services agency shall screen all CalFresh applications for
entitlement to expedited service. Applicants who meet the federal
criteria for expedited service as defined in Section 273.2(i)(1) of
Title 7 of the Code of Federal Regulations shall receive either a
manual authorization to participate or automated card or the
immediate issuance of CalFresh benefits no later than the third day
following the date the application was filed. To the maximum extent
permitted by federal law, the amount of income to be received from
any source shall be deemed to be uncertain and exempt from
consideration in the determination of entitlement for expedited
service. For purposes of this subdivision, a weekend shall be
considered one calendar day.
(c) The State Department of Social Services shall develop and
implement for expedited issuance a uniform procedure for verifying
information required of an applicant.
SEC. 4. SEC. 3. Section 18914 of the
Welfare and Institutions Code, as amended by Section 89 of Chapter
227 of the Statutes of 2011, is repealed.
SEC. 5. 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.