Amended in Assembly April 24, 2013

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 amended, 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 begin insert and to review the waivers, as specified end insert . 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 begin insert is occurring or has occurred within the past 12 months end insert unless the county human services agency finds the person not credible and other prescribed forms of evidence are not available. begin insert The bill would require additional prescribed evidence if the abuse occurred more than 12 months in the past. end insert

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.

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.
begin delete Waivers end delete begin insert When periodic review is necessary due to the nature of
the waiver, waivers end insert shall be reevaluated by the county human
services agency begin delete when necessary, but in no case more often than
every six months end delete begin insert end insert begin insert every six months in order to determine if the
conditions under which the waiver was granted still exist. Nothing
shall preclude the applicant or recipient from contacting the county
earlier than the six month review to request information or seek
to participate in welfare to work activities, regardless of whether
he or she is waived from the welfare-to-work rules. In order to
extend the waiver beyond the first 12 months, the county shall
collect evidence of the abuse, as described in subdivision (b) of
Section 11495.25 end insert .

(c) County human services agencies shall use the standard,
statewide informing notice begin insert or approved county notice end insert 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 begin insert the time of end insert application begin delete , recertification, end delete begin insert and end insert
during the welfare-to-work planning begin delete process, end delete begin insert process. The
informing notice shall be given in writing at recertification, end insert in
each notice of action for sanction resulting from failure to
participate in a program requirement, and whenever an applicant
or recipient begin insert voluntarily end insert discloses that he or she is a victim of abuse.
Proof that the applicant or recipient begin delete received end delete begin insert was provided with end insert
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 begin delete section, end delete begin insert section;
examples of the types of rule waivers that may be requested; space
for end insert county-specific instructions for securing a begin delete waiver, end delete begin insert waiver and
a service plan; space for end insert county domestic abuse resources,
including Medi-Cal mental health begin delete services, end delete begin insert services; end insert
confidentiality and the limits begin delete thereof, end delete begin insert thereof; end insert family violence
option waivers available for abuse begin delete victims, end delete begin insert victims; end insert the good cause
exemption to the child support cooperation begin delete requirement, end delete
begin insert requirement; end insert general abuse information such as safety begin delete planning, end delete
begin insert planning; information about how to receive end insert county assistance in
tailoring welfare-to-work plans to meet the needs of begin delete victims, end delete
begin insert victims when they do not have a waiver of the welfare-to-work
rules; end insert and remedies available for immigrant domestic violence
survivors. begin insert Counties that wish to use a notice they have developed
may do so with the approval of the department, provided the notice
meets the minimum requirements of this subdivision. end insert

(e) Proof that an informing notice was given begin delete and received end delete begin insert to an
applicant or recipient and the applicant or recipient did not, at
the time, disclose the existence of domestic abuse end insert shall begin delete never be a
reason end delete begin insert not serve as a basis end insert 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 begin insert in order to receive aid end insert .

(g) Nothing in this section shall limit the authority of a county
to waive a program rule retroactively begin insert if the past application of the
rule unfairly penalized the individual or made it more difficult for
the individual to escape the abuse end insert . begin insert However, the county shall
collect evidence of the abuse, as described in subdivision (b) of
Section 11495.25, in order to waive the program rules retroactively
for a period that goes beyond the most recent 12 months. end insert

SEC. 4.  

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

11495.25.  

begin insert (a) end insert begin insert   end insert When determining eligibility for program
waivers established in Section 11495.15, begin delete either of the following
shall be accepted: end delete

begin delete (a) end delete begin delete   end delete begin delete A end delete begin insert a end insert sworn statement by a victim of past or present abuse
shall be sufficient to establish abuse begin insert that is currently occurring or
has occurred up to 12 months in the past, end insert unless the county human
services agency documents in writing an independent, reasonable
basis to find the recipient not credible begin delete and none of the end delete begin insert . If the
documentation is made, the agency shall seek end insert corroborating
evidence listed in subdivision (b) begin delete can be secured by the worker end delete begin insert .
Nothing shall preclude the applicant or recipient from voluntarily
providing additional evidence that may be available beyond a
sworn statement. The evidence shall be retained in the case file.
If the applicant or recipient states that the abuse occurred longer
than 12 months in the past, evidence as described in subdivision
(b) shall also be requested from the applicant or recipient and the
county shall assist the applicant or recipient in obtaining the
evidence, as appropriate end insert .

(b) Evidence that abuse begin insert is occurring or has end insert occurred at any time
in the past shall include, but is not limited to: police, government
agency, or court records or files; documentation from a domestic
violence program, legal, clerical, medical begin insert , end insert or other professional
from whom the applicant or recipient begin insert is seeking or end insert has sought
assistance begin delete in dealing with end delete begin insert regarding the end insert 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 begin insert applicant
or recipient’s sworn end insert statement begin delete in end delete begin insert made pursuant to end insert subdivision
(a).

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.