California Legislature—2013–14 Regular Session

Assembly Bill No. 1107

Introduced by Assembly Member Garcia

February 22, 2013

An act to amend Section 11495.25 of, and to repeal and add Section 11495.15 of, the Welfare and Institutions Code, relating to domestic violence.

LEGISLATIVE COUNSEL’S DIGEST

AB 1107, as introduced, Garcia. CalWORKs eligibility: domestic violence.

Existing law requires each county to provide cash assistance and other social services to needy families through the California Work Opportunity and Responsibility to Kids (CalWORKs) program using federal Temporary Assistance to Needy Families (TANF) block grant program, state, and county funds. Existing law authorizes each county to waive a program requirement at any time for a recipient who is a past or present victim of abuse, as specified.

This bill would require the State Department of Social Services to establish a standard, statewide notice and process to ensure that applicants for, or recipients of, CalWORKs aid who are past or present victims of domestic violence are not placed at further risk or unfairly penalized by program requirements or procedures. The bill would also require, with specified verification, the county to waive, for applicants or recipients, program requirements that make it more difficult for the victim to escape domestic violence, unfairly penalize the victim or family, or place them at further risk or encourage them to remain with the abuser. The bill would require counties to use the standard, statewide notice and process to inform all CalWORKs applicants and recipients of their rights and how to secure a waiver. By increasing the duties of county human services agencies, the bill would impose a state-mandated local program.

Existing law makes sworn statements by a victim of past or present abuse sufficient to establish abuse unless the county human services agency finds the person not credible and allows other specified forms of evidence, including official reports or documentation.

This bill would make a sworn statement by the person sufficient to establish abuse unless the county human services agency finds the person not credible and other prescribed forms of evidence are not available.

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.  

(a) In enacting this act, the Legislature recognizes
that some individuals who are in need of public assistance are, or
have been, victims of abuse.

(b) It is the intent of the Legislature to ensure that applicants
and recipients who are past or present victims of abuse are not
placed at further risk or unfairly penalized by program requirements
or procedures.

(c) The Legislature intends that, in implementing this act, a
standard, statewide notice to CalWORKs applicants and recipients
will be established, informing them of rights for domestic violence
victims and survivors and instructing them how to secure these
rights, as well as referrals for counseling services.

(d) It is also the intent of the Legislature that program
requirements for aid under the CalWORKs program shall not be
created or applied in such a way as to make it more difficult for a
victim to escape domestic violence or unfairly penalize the victim.

(e) Finally, it is the intent of the Legislature that the county
human services agency refer victims of domestic violence to
support services, including those provided by the victim’s health
care provider.

SEC. 2.  

Section 11495.15 of the Welfare and Institutions Code
is repealed.

begin delete

11495.15.  

A county may waive a program requirement for a
recipient who has been identified as a past or present victim of
abuse when it has been determined that good cause exists pursuant
to paragraph (2) of subdivision (f) of Section 11320.3. Until
implementation of the regulations required pursuant to subdivision
(b) of Section 11495.1, a county may utilize standards, procedures,
and protocols currently available, and shall identify them in its
county plan. Waivers shall be reevaluated in accordance with other
routine periodic reevaluations by the county.

end delete

SEC. 3.  

Section 11495.15 is added to the Welfare and
Institutions Code, to read:

11495.15.  

(a) The State Department of Social Services shall
establish a standard, statewide notice and process to ensure that
applicants for, or recipients of, aid under this chapter who are past
or present victims of domestic violence are not placed at further
risk or unfairly penalized by program requirements or procedures.

(b) A county shall, with verification provided pursuant to Section
11495.25, waive a program requirement at any time for an applicant
or recipient who is a past or present victim of abuse when it has
been determined that the requirement makes it more difficult for
the victim to escape domestic violence, would unfairly penalize
the victim or the victim’s family, places the victim at further risk
of abuse, or encourages the victim to remain with the abuser.
Waivers shall be reevaluated by the county human services agency
when necessary, but in no case more often than every six months.

(c) County human services agencies shall use the standard,
statewide informing notice and process to inform all CalWORKs
applicants and recipients of their rights established in this section.
The informing notice shall be given, orally and in writing, at
application, recertification, during the welfare-to-work planning
process, in each notice of action for sanction resulting from failure
to participate in a program requirement, and whenever an applicant
or recipient discloses that he or she is a victim of abuse. Proof that
the applicant or recipient received each notice shall be retained in
his or her case file.

(d) The informing notice required by subdivision (c) shall be
developed by the department, in consultation with the county
human services agencies, domestic violence and CalWORKs
advocates, and CalWORKs caseworkers, and it shall include the
rights and responsibilities established in this section,
county-specific instructions for securing a waiver, county domestic
abuse resources, including Medi-Cal mental health services,
confidentiality and the limits thereof, family violence option
waivers available for abuse victims, the good cause exemption to
the child support cooperation requirement, general abuse
information such as safety planning, county assistance in tailoring
welfare-to-work plans to meet the needs of victims, and remedies
available for immigrant domestic violence survivors.

(e) Proof that an informing notice was given and received shall
never be a reason to deny a waiver when a waiver is requested at
a later date or as a basis for requesting additional evidence of abuse
under Section 11495.25. Abuse may be disclosed at any time.

(f) No applicant or recipient of aid shall be required to disclose
his or her status, or the status of another member of the authorized
unit, as a domestic violence victim.

(g) Nothing in this section shall limit the authority of a county
to waive a program rule retroactively.

SEC. 4.  

Section 11495.25 of the Welfare and Institutions Code
is amended to read:

11495.25.  

begin delete Sworn statements by end delete begin insert When determining eligibility
for program waivers established in Section 11495.15, either of the
following shall be accepted: end insert

begin insert (a) end insert begin insert   end insert begin insert A sworn statement by end insert a victim of past or present abuse shall
be sufficient to establish abuse unless the begin insert county human services end insert
agency documents in writing an independent, reasonable basis to
find the recipient not credible begin insert and none of the corroborating
evidence listed in subdivision (b) can be secured by the worker end insert .
begin delete Evidence may also end delete

begin insert (b) end insert begin insert   end insert begin insert Evidence that abuse occurred at any time in the past shall end insert
include, but is not limited to: police, government agency, or court
records or files; documentation from a domestic violence program,
legal, clerical, medical or other professional from whom the
applicant or recipient has sought assistance in dealing with abuse;
or other evidence, such as a statement from any other individual
with knowledge of the circumstances that provide the basis for the
claim, physical evidence of abuse, or any other evidence that
supports the statement begin insert in subdivision (a) end insert .

SEC. 5.  

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.