BILL ANALYSIS Ó
SENATE HUMAN
SERVICES COMMITTEE
Senator Leland Y. Yee, Chair
BILL NO: AB 309
A
AUTHOR: Mitchell
B
VERSION: March 19, 2013
HEARING DATE: June 11, 2013
3
FISCAL: Yes
0
9
CONSULTANT: Tepring Piquado
SUBJECT
CalFresh: homeless youth
SUMMARY
This bill clarifies that there is no minimum age
requirement for CalFresh eligibility and requires
information and training about CalFresh that is developed
for the homeless include information about unaccompanied
homeless children, as specified. Requires county welfare
departments, upon receipt of a signed CalFresh application
from an unaccompanied minor, to determine eligibility of
benefits without delay. Requires the county welfare
department to notify the child or youth in writing of the
reason, if the application is denied.
ABSTRACT
Existing law:
1) Establishes under federal law the Supplemental
Nutrition Assistance Program (SNAP), formerly known as
food stamps, to provide food benefits to needy
families and individuals. (7 USC § 2011 et seq.)
Continued---
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2) Establishes in California statute the CalFresh
program to administer the provision of federal SNAP
benefits to families and individuals meeting specified
criteria. (WIC § 18900 et seq.)
3) Provides in California law that the eligibility of
households shall be determined to the extent permitted
by federal law. (WIC § 18901)
4) Generally, provides in federal law that
participation in SNAP shall be limited to those
households whose incomes and other financial
resources, held singly or in joint ownership, are
determined to be a substantial limiting factor in
permitting them to obtain a more nutritious diet. (7
USC § 2014(a))
5) Defines "Household" as an individual who lives
alone or who, while living with others, customarily
purchases food and prepares meals for home consumption
separate and apart from the others; or a group of
individuals who live together and customarily purchase
food and prepare meals together for home consumption.
(7 USC § 2012(n)(1))
6) Specifies in federal law that parents and their
children 21 years of age or younger who live together
ares to be treated as a group of individuals who
customarily purchase and prepare meals together for
home consumption even if they do not do so. (7 USC §
2012(n)(2))
7) Under the federal law, the term "Unaccompanied
youth" includes a youth not in the physical custody of
a parent or guardian. (42 USC § 11434a(6))
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8) Defines "Homeless individual" as an individual who
lacks a fixed and regular nighttime residence; or an
individual who has a primary nighttime residence that
is a supervised publicly or privately operated
shelter, an institution, a temporary accommodation for
not more than 90 days in the residence of another
individual, or a public or private place not designed
for, or ordinarily used as, a regular sleeping
accommodation for human beings. (7 USC § 2012(m))
9) Requires the California Department of Social
Services (DSS) to develop CalFresh information on
expedited services targeted to the homeless
population. These shall be made available to homeless
shelters, emergency food programs, and other community
agencies that provide services to homeless people.
(WIC § 18904.25(a))
10) Requires each county welfare department annually to
offer training on CalFresh application procedures to
homeless shelter operators. (WIC § 18904.25(b))
11) Requires local educational agencies to designate an
appropriate staff person as a local educational agency
liaison for homeless children and youths. (42 USC §
11432(g)(1)(J)(ii))).
12) Requires each local educational agency liaison for
homeless children and youths to ensure that homeless
children and youths are identified. (42 USC §
11432(g)(6)(A)(i)))
This bill:
1) Requires, in determining eligibility for CalFresh,
that no minimum age requirement be imposed other than
those that exist under federal law.
2) Requires the department in its existing outreach
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program that provides targeted information about
expedited benefits for the homeless to specifically
include information about homeless children and youth,
as defined.
3) Requires the department to make CalFresh
information available to local educational agency
liaisons for homeless children and youths, as
specified, in addition to existing outreach targets.
4) Requires each county welfare department (CWD) to
include eligibility criteria and specific information
regarding the eligibility of unaccompanied homeless
children and youth in the established annual training
on CalFresh application procedures.
5) Requires each CWD to determine CalFresh eligibility
without unnecessary delay upon a signed application
from an unaccompanied youth under 18, as specified.
This determination shall include whether the 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.
6) Requires each CWD to screen an application from an
unaccompanied youth under age 18 for entitlement to
expedited service, as specified.
7) Requires a CWD to provide the child or youth a
written notice explaining the reason for the denial,
if the application of the child or youth for CalFresh
benefits is denied. (42 USC § 11432(g)(6)(A))
8) Deletes redundant language in WIC section 18914.
FISCAL IMPACT
An Assembly Appropriations Committee analysis indicates
that costs associated with this legislation should be minor
and absorbable within existing resources.
BACKGROUND AND DISCUSSION
Purpose of the bill
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According to the author, AB 309 will end the denial of
CalFresh benefits to unaccompanied homeless minors by
clarifying state law. The author states that CalFresh food
benefits are denied to these minors inconsistently across
the state.
The federal Supplemental Nutrition Assistance Program
(SNAP), does not place age restrictions on a head of
household applying for or receiving benefits under the
program. Unaccompanied youth can apply for and receive food
assistance benefits without a parent's or guardian's
signature. However, according to the author, in practice
many county offices are unaware that a youth under 18 years
old can receive SNAP benefits through the CalFresh program
and may deny these benefits to youth under 18, including
unaccompanied homeless minors.
CalFresh
The SNAP program known in California as CalFresh, is a
federal food benefit administered by the U.S. Department of
Agriculture (USDA) and, at the state level, by the DSS.
Overall caseload for the program in California has grown
steadily since 2001, and approximately 4 million people are
currently receiving CalFresh, up from just over 3 million
in 2010. According to USDA data, California has the lowest
participation rate in the country - only 55 percent of all
eligible persons receive CalFresh benefits.
The CalFresh program is intended to improve the health and
well-being of individuals by providing a means to meet
their nutritional needs. These benefits are 100% funded by
the federal government. (The USDA, California and its
counties share in the cost of administering the program).
The average amount of CalFresh benefits received per
household is about $200 per month per adult.
Household
Federal law requires states to consider parents with a
child under 21 years of age to be treated as a group of
individuals who customarily purchase and prepare meals
together for home consumption, even if they do not
customarily do so. However, this household definition does
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not apply if the child does not live with their parent. In
that circumstance, a child may apply for benefits as head
of household. Under the federal law, unaccompanied youth
are not in the physical custody of a parent or guardian.
Homeless Youth
According to a report by The California Youth Project,
every year, about 200,000 young people in California become
homeless. By definition, homeless individuals lack a fixed
and regular nighttime residence; have a primary nighttime
residence that is a supervised publicly or privately
operated shelter, or in an institution; live temporarily
(for 90 days or less) in the residence of another
individual, or in a public or private place not ordinarily
used as a regular sleeping accommodation for human beings.
Unaccompanied youth include young people who have run away,
have been forced out, and/or have been abandoned by a
parent or guardian. Many unaccompanied youth flee their
homes as a result of physical and sexual abuse or neglect,
are forced out because they are pregnant, gay or lesbian,
or are leaving the child welfare or juvenile justice
system. According to the author, some of these youth have
reported being denied CalFresh food benefits although they
are eligible under state and federal law.
McKinny-Vento Liaisons
Every school district must designate a liaison for children
and youth experiencing homelessness. The McKinney-Vento Act
requires school district liaisons to ensure that homeless
children and youths are identified by school personnel and
through coordination with other agencies. The purpose of
identification is to offer appropriate services to the
family, child or youth, including assisting in applying for
CalFresh benefits.
Redundant Code Section
This bill deletes the following redundant language from the
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Welfare and Institutions Code 18914 which was amended by AB
1400 (Committee on Human Services (A) - (Beall (Chair),
Ammiano, Hall, and Portantino, 2011). The code section
states:
To the extent provided by federal law, the county
welfare department shall provide CalFresh benefits on
an expedited basis to households determined to be in
immediate need of food assistance.
This section shall become operative July 1, 1991.
(Amended (as added by Stats. 1987, Ch. 1293, Sec. 9)
by Stats. 2011, Ch. 227, Sec. 89. Effective January 1,
2012. See version as amended by Sec. 88 of Ch. 227,
which succeeds prior amendments by Stats. 1987, Ch.
1293, Sec. 8, and Stats. 1990, Ch. 443.)
This bill does not delete or amend the language from the
Welfare and Institutions Code 18914 which was amended by AB
1359 (Skinner, 2012). The code section states:
(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 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.
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(c) The State Department of Social Services shall
develop and implement for expedited issuance a uniform
procedure for verifying information required of an
applicant.
(Amended (as amended by Stats. 2011, Ch. 227, Sec. 88)
by Stats. 2012, Ch. 468, Sec. 1. Effective January 1,
2013. See the version added by Stats. 1987, Ch. 1293,
Sec. 9, as further amended by Stats. 2011, Ch. 227,
Sec. 89.)
COMMENTS
Staff notes that DSS expects to release an All County
Information Notice (ACIN) on July 1, 2013 regarding this
issue.
PRIOR VOTES
Assembly Floor: 76 - 0
Assembly Appropriations:17 - 0
Assembly Human Services: 7 - 0
POSITIONS
Support: National Association for the Education of
Homeless Children and Youth (sponsor)
American Federation of
State, County and Municipal Employees
(AFSCME)
California Association of Food Banks
California Black Health Network
California Catholic Conferences of Bishops
California Coalition for Youth (CCY)
California Communities United Institute
California Federation of Teachers
California Food Policy Advocates
California School Employees Association
California State Conference of the National
Association for the Advancement of
Colored People (CANAACP)
California State PTA
Coalition of California Welfare Rights
Organization, Inc.
County of San Diego
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County Welfare Directors Association of
California (CWDA)
Housing California
Junior Leagues of California State Public
Affairs Committee
Service Employees International Union (SEIU)
San Diego Hunger Coalition
San Francisco Unified School District
(SFUSD)
Silicon Valley Community Foundation
United Way of California
Western Center on Law and Poverty
Oppose: None on file
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