BILL NUMBER: AB 1107 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 24, 2013
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 and to review the waivers, as specified .
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 is occurring or has occurred within the past 12
months unless the county human services agency finds the
person not credible and other prescribed forms of evidence are not
available. The bill would require additional prescribed evidence
if the abuse occurred more than 12 months in the past.
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.
Waivers When periodic review is necessary due to the
nature of the waiver, waivers shall be reevaluated by the
county human services agency when necessary, but in no case
more often than every six months 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 contact ing 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 .
(c) County human services agencies shall use the standard,
statewide informing notice or approved county 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 the time of application
, recertification, and during the
welfare-to-work planning process, process.
The informing notice shall be given in writing at recertification,
in each notice of action for sanction resulting from failure to
participate in a program requirement, and whenever an applicant or
recipient voluntarily discloses that he or she is a victim
of abuse. Proof that the applicant or recipient received
was provided with 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,
section; examples of the types of rule waivers that may be
requested; space for county-specific instructions for securing
a waiver, waiver and a service plan; space
for county domestic abuse resources, including Medi-Cal mental
health services, services;
confidentiality and the limits thereof,
thereof; family violence option waivers available for abuse
victims, victims; the good cause
exemption to the child support cooperation requirement,
requirement; general abuse information such as
safety planning, planning; information about
how to receive county assistance in tailoring welfare-to-work
plans to meet the needs of victims, victims
when they do not have a waiver of the welfare-to-work rules;
and remedies available for immigrant domestic violence survivors.
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.
(e) Proof that an informing notice was given and received
to an applicant or recipient and the applicant or
recipient did not, at the time, disclose the existence of domestic
abuse shall never be a reason not serve
as a basis 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 in order to receive aid
.
(g) Nothing in this section shall limit the authority of a county
to waive a program rule retroactively if the past application of
the rule unfairly penalized the individual or made it more difficult
for the individual to escape the abuse . 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.
SEC. 4. Section 11495.25 of the Welfare and Institutions Code is
amended to read:
11495.25. (a) When determining eligibility
for program waivers established in Section 11495.15, either
of the following shall be accepted:
(a) A
a sworn statement by a victim of past or
present abuse shall be sufficient to establish abuse that is
currently occurring or has occurred up to 12 months in the past,
unless the county human services agency documents in writing an
independent, reasonable basis to find the recipient not credible
and none of the . If the documentation is
made, the agency shall seek corroborating evidence listed in
subdivision (b) can be secured by the worker
. 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 .
(b) Evidence that abuse is occurring or has 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 , or
other professional from whom the applicant or recipient is
seeking or has sought assistance in dealing with
regarding the 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 applicant or
recipient's sworn statement in made
pursuant to 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.