BILL ANALYSIS Ó
AB 309
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CONCURRENCE IN SENATE AMENDMENTS
AB 309 (Mitchell)
As Amended June 25, 2013
Majority vote
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|ASSEMBLY: |76-0 |(April 25, |SENATE: |33-0 |(July 1, 2013) |
| | |2013) | | | |
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Original Committee Reference: HUM. S.
SUMMARY : Clarifies requirements pertaining to CalFresh
applications submitted by unaccompanied homeless children and
youth. Specifically, this bill :
1)Clarifies that there are no minimum age requirements for
CalFresh eligibility except for those imposed by federal law.
2)Adds CalFresh eligibility criteria and specific information
regarding the eligibility of homeless children and youth to
annual trainings offered by the county welfare departments to
homeless shelter operators.
3)Requires county welfare agencies, upon receipt of a CalFresh
application from an unaccompanied child or youth, to determine
the child or youth's eligibility, which shall include
determining whether the child or youth is eligible to apply as
the sole member of the household and screening the application
for entitlement to expedited services, as specified.
4)Requires county welfare agencies to provide written notice to
an unaccompanied homeless child or youth if his or her
CalFresh application is denied.
5)Adds information about targeting expedited CalFresh services
to unaccompanied homeless children and youth to the
information the Department of Social Services is already
required to develop on targeting services to the greater
homeless population, and requires that information to be
provided to local education agency liaisons for homeless
children and youth, as well as homeless shelters, emergency
food programs, and other community agencies that provide
services to homeless people.
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The Senate amendments maintain the requirement that county
welfare agencies determine an unaccompanied child or youth's
eligibility for CalFresh upon receipt of his or her application,
but remove the requirement that the county to do so "without
unnecessary delay."
EXISTING LAW :
1) Establishes the CalFresh program, through which federal
Supplemental Nutrition Assistance Program (SNAP) benefits
are administered and provided to eligible participants.
2) Defines "unaccompanied youth" as a youth not in the
physical custody of a parent or guardian. (McKinney-Vento
Act) 42 United States Code (U.S.C.) Section 11434a(6).
3) Provides that any child who is eligible for federal SNAP
benefits is automatically certified to receive free school
meals without an additional application. 7 U.S.C. Section
2020(u)(2)(A).
4) Waives the residency verification requirement for
homeless individuals for purposes of determining
eligibility. 7 Code of Federal Regulations (C.F.R.)
Section 273.2(f)(1)(vi).
5) Requires the Department of Social Services to develop
information on expedited CalFresh benefits for homeless
applicants pursuant to the federal Stewart B. McKinney
Homeless Assistance Act (Public Law 100-77).
6) Requires county welfare agencies to provide trainings on
CalFresh application procedures to homeless shelters on an
annual basis.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : The author brought forth this bill to address reports
that certain counties were not complying with state guidelines
upon receiving CalFresh applications from unaccompanied homeless
children and youth. In response to problems documented in one
particular county, the Department of Social Services is in the
process of writing an All-County Information Notice to clarify
state and federal law on the subject and provide guidance to all
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counties. The author may still want to move forward with this
legislation to ensure that CalFresh statutes pertaining to
targeted services for California's homeless population
explicitly include parity for unaccompanied homeless children
and youth.
Background : CalFresh benefits, which are entirely funded by the
federal government through the SNAP, are made available on a
monthly basis for food purchase through an ATM-like electronic
benefits transfer (EBT) card. CalFresh is administered locally
by county welfare departments, and the federal, state, and
county governments share in the cost of program administration.
The United States Department of Agriculture (USDA) sets specific
eligibility requirements for SNAP programs across the United
States and requires state agencies that administer SNAP to
establish methods of certifying and issuing benefits to eligible
homeless individuals to ensure that the benefits are limited to
eligible households.
In a December 2012 memo to federal agencies, the Center on
Budget and Policy Priorities and the National Association for
the Education of Homeless Children and Youth provided details on
the numerous barriers unaccompanied homeless children and youth
face when trying to access SNAP benefits. They include: 1) an
age requirement for eligibility; 2) a requirement that
applicants provide specific photo identification or permanent
address; 3) a requirement for unaccompanied youth to provide
parental information; and 4) a requirement that the youth
applies with the household where he or she may be staying
temporarily, even though the youth is purchasing and preparing
food separately. While there is neither basis for, nor
authorization in federal or California state law for counties to
impose any of the aforementioned requirements, some local
agencies continue to deny CalFresh benefits to unaccompanied
homeless minors for these reasons.
The commonly used definition of "homeless" elicits images of
people sleeping outside at night without any shelter. However,
the definition under SNAP is much broader, taking into
consideration the many circumstances an individual without a
stable home may encounter. The federal Food and Nutrition Act
of 2008, which established SNAP, defines "homeless individual"
as:
1)An individual who lacks a fixed and regular nighttime
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residence; or
2)An individual who has a primary nighttime residence that is-
a) A supervised publicly or privately operated shelter
(including a welfare hotel or congregate shelter) designed
to provide temporary living accommodations;
b) An institution that provides a temporary residence for
individuals intended to be institutionalized;
c) A temporary accommodation for not more than 90 days in
the residence of another individual; or
d) A public or private place not designed for, or
ordinarily used as, a regular sleeping accommodation for
human beings. 7 U.S.C Section 2012(m).
While some homeless youth stay with other people temporarily,
others often find themselves in even more unstable and dangerous
situations; in cars, abandoned buildings, on buses or in transit
stations, in budget motels, in and out of shelters, or outside.
According to the California Research Bureau's Homeless Youth
Project (HYP), based on national survey estimates and
California's youth population, it is estimated that there are
200,000 youth under the age of 18 who are homeless in
California. Because of the transient nature of many homeless
youth and difficulties in obtaining accurate local counts, the
actual number for the state is likely much higher.
California's homeless youth population includes youth who run
away from home, youth who are forced out of the home and
prevented from returning, youth who have been released from the
juvenile justice system without housing, and youth who have aged
out of the foster care system with inadequate or no family
connections. HYP research explains that youth have episodes of
running away or leave permanently for a number of reasons. The
most commonly cited reasons are abuse or neglect, alcohol or
drug addiction of a family member, rejection over sexual
orientation, and pregnancy.
Unaccompanied homeless youth often lack supervision and access
to the resources and coordinated services that can help them
find and keep stable housing and strive toward self-sufficiency.
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The social, emotional, medical, economic and personal
challenges they face can lead to ongoing and chronic cycles of
homelessness throughout their lifetime, and research has shown
that the unmet needs of homeless youth put them at a greater
risk of sickness, physical and sexual abuse, sexual
exploitation, alcohol and drug abuse, mental health
disabilities, and death.
Need for the bill : According to sponsor of the bill, the
National Association for the Education of Homeless Children and
Youth (NAEHCY), "CalFresh workers sometimes expect unaccompanied
homeless youth to provide a stable address or parental signature
and income information even when the youth have been forced out
of their homes and receive no support from their parents." The
NAEHCY also highlights the importance of good nutrition in
helping youth achieve success in school and employment, and
states, "[AB 309] will help ensure that vulnerable young people
do not have to go hungry or resort to dangerous, injurious
behaviors in exchange for food."
The author of the bill believes this bill will provide
unaccompanied homeless youth timely access to the CalFresh food
benefits they so desperately need, and it will clarify
California law to ensure that county implementation is properly
aligned with the intent of state and federal law.
Analysis Prepared by : Myesha Jackson / HUM. S. / (916)
319-2089
FN: 0001323