BILL ANALYSIS Ó
AB 1107
Page 1
Date of Hearing: April 30, 2013
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Mark Stone, Chair
AB 1107 (Garcia) - As Amended: April 24, 2013
SUBJECT : CalWORKs eligibility: domestic violence
SUMMARY : Establishes statewide standards for notifying CalWORKs
applicants and recipients of accommodations available to them if
they are victims of domestic violence and establishes criteria
for granting such waivers. Specifically, this bill :
1)States the following legislative findings and declarations:
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; and
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.
1)Requires the State Department of Social Services (DSS) to
establish a standard, statewide notice and process to ensure
that applicants for, or recipients of, CalWORKs aid who are
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past or present victims of domestic violence are not placed at
further risk or unfairly penalized by program requirements or
procedures.
2)Requires counties, upon receipt of a sworn statement verifying
current or past domestic abuse to waive a CalWORKs program
requirement, at any time, for an applicant or recipient who is
a victim of abuse when it has been determined that the program
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.
3)Requires county human services agencies, in cases where a
periodic review is necessary due to the nature of a waiver, to
reevaluate a waiver of program elements every six months in
order to determine if the conditions under which the waiver
was granted still exist.
4)Requires a county to collect evidence of the abuse, as
specified, in order to extend a waiver from CalWORKs program
elements beyond the first 12 months of a waiver.
5)Establishes county requirements with respect to providing
CalWORKs applicants and recipients informing notices, as
specified, that outline their rights to a waiver of CalWORKs
program elements based on being a victim of domestic violence.
6)Provides that abuse may be disclosed at any time, and no
member of the assistance unit shall be required to disclose
his or her status or that of any other family member as a
domestic violence victim in order to receive aid.
7)Provides that proof that an applicant or recipient was
provided an informing notice but did not disclose the
existence of domestic violence shall not constitute grounds
for denial of a waiver, if one is requested by the applicant
or recipient at a later date, or grounds for the county to
request additional corroborating evidence.
8)Authorizes counties to retroactively waive a CalWORKs program
rule if it is determined that the past application of the rule
unfairly penalized the recipient or made it more difficult for
him or her to escape the abuse, and requires counties to
collect evidence of the abuse, as specified, in order to
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retroactively waive program rules for a period beyond the most
recent 12 months.
9)Provides that a sworn statement by a victim of past or present
domestic abuse, for whom eligibility for a waiver of program
rules is being determined, 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 requires the agency to seek
corroborating evidence, as specified, if such documentation is
made.
10)Provides that nothing shall preclude a recipient or applicant
from voluntarily providing evidence of domestic abuse in
addition to a sworn statement, and requires counties to assist
applicants or recipients in obtaining such evidence, as
appropriate, if the applicant or recipient states that the
abuse occurred more than 12 months in the past.
EXISTING LAW
1)Establishes under federal law the Temporary Assistance for
Needy Families (TANF) program to provide welfare-to-work
services to eligible families and, in California, provides
that TANF funds for welfare-to-work services are administered
through the California Work Opportunity and Responsibility to
Kids (CalWORKs) program.
2)Establishes income, asset and real property limits used to
determine eligibility for the program, including net income
below the Maximum Aid Payment (MAP), based on family size and
county of residence, which is currently no higher than 40% of
the Federal Poverty Level.
3)Establishes a 48-month lifetime limit of CalWORKs benefits for
eligible adults, including 24 months during which a recipient
must meet federal work requirements in order to retain
eligibility.
4)Requires all individuals over 16 years of age, unless they are
otherwise exempt, to participate in welfare-to-work activities
as a condition of eligibility for CalWORKs.
5)Requires a county to excuse a CalWORKs recipient from
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participation for good cause when the county has determined
the recipient has a condition or is faced with a circumstance
that temporarily prevents or significantly impairs the
recipient's ability to be regularly employed or to participate
in welfare-to-work activities.
6)Requires county welfare departments to review a good cause
determination to establish its continuing appropriateness, as
specified, no less than every three months, and requires a
recipient that has been granted good cause to provide
information to the county, including written documentation, as
required to complete the review.
7)Establishes an optional program for states, under federal TANF
law, commonly known as the Family Violence Option, which
requires states to establish standards and procedures to
ensure that the state will screen for and identify individuals
receiving TANF assistance with a history of domestic violence,
refer such individuals to counseling and supportive services,
and waive, pursuant to a determination of good cause, program
requirements for individuals receiving assistance, in cases
where compliance with such requirements would make it more
difficult for individuals receiving assistance to escape
domestic violence or unfairly penalize such individuals who
are or have been victimized by such violence, or individuals
who are at risk of further domestic violence.
8)Defines domestic violence, under federal TANF law and state
law, to mean battered or subject to extreme cruelty,
including:
a) Physical acts that resulted in, or threatened to result
in, physical injury to the individual;
b) Sexual abuse;
c) Sexual activity involving a dependent child;
d) Being forced as the caretaker relative of a dependent
child to engage in nonconsensual sexual acts or activities;
e) Threats of, or attempts at, physical or sexual abuse;
f) Mental abuse; or
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g) Neglect or deprivation of medical care.
1)Includes among the reasons for which a county may grant good
cause, that the applicant or recipient is a victim of domestic
violence if participation in work or other welfare-to-work
activities would be detrimental to, or unfairly penalize, the
individual or his or her family, pursuant to the state option
granted under federal TANF law.
2)Provides that sworn statements by a victim of past or present
domestic abuse shall be sufficient to establish the abuse
unless the county agency documents in writing an independent,
reasonable basis to find the recipient not credible.
FISCAL EFFECT : Unknown
COMMENTS : The California Work Opportunity and Responsibility to
Kids (CalWORKs) program provides monthly income assistance and
employment-related services aimed at moving children out of
poverty and helping families meet basic needs. Federal funding
for CalWORKs comes from the Temporary Assistance for Needy
Families (TANF) block grant. The average monthly cash grant for
a family of three (one parent and two children) on CalWORKs is
$465. CalWORKs grants are used to pay rent, buy clothing, pay
utilities bills, and pay for other basic needs to ensure
children can be cared for at home and remain safely with their
families. According to January 2013 data from the California
Department of Social Services, 564,041 families rely on
CalWORKs, including over one million children. Nearly half of
the children on CalWORKs are under age six.
According to the California Center for Research on Women and
Families (CCRWF), 92% of heads of households in CalWORKs
recipient families are women. Two-thirds of the heads of
household are single parents and have never married. While
nearly one-third of CalWORKs heads of household have a high
school diploma or equivalent, half have 11th grade or less
education. Educational achievement for many parents receiving
CalWORKs benefits has been stifled by learning disabilities
(estimated to affect 10 to 28%), mental or emotional health
problems (estimated to affect 19 to 33%), and domestic abuse
they've experienced during their lifetimes (reported by 80%).
Domestic violence in California
While women and men can be victims of domestic violence or
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intimate partner abuse, much of the available data pertains to
women, as reports of violence and abuse are much higher for
women and tend to be the focus of services provided to mitigate
and prevent abuse. Data collected through the California
Women's Health Survey (CWHS) reveals that approximately 40% of
California women experience physical intimate partner violence
in their lifetimes, and 75% of victims had children under the
age of 18 years at home. By way of comparison, national data
cited by the National Network to End Domestic Violence shows
that nearly one in every four women (25%) are beaten or raped by
a partner during adulthood.
TANF program domestic violence waivers
The Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 (PRWORA), which was the final piece of federal
welfare reform legislation, repealed the AFDC program and
created the block-granted Temporary Assistance for Needy
Families (TANF) program. Among a number of new requirements and
other program changes, PRWORA created a Family Violence Option
(FVO) to address the barriers that domestic violence poses
within the context of federal aid under TANF. Under section
402(a)(7) of the Social Security Act, a State may elect to
implement a special program, within its TANF program, to serve
victims of domestic violence and to waive program requirements
for such individuals. Federal regulations grant states broad
flexibility to grant program waivers to victims of domestic
violence. California's response to the FVO authority under
PRWORA was included in AB 1542 (Ducheny) Chapter 270, Statutes
of 1997; California's bill to implement welfare reform. With
respect to domestic violence waivers, the bill stated:
It is the intent of the Legislature in enacting this article to
adopt a family violence provision by enacting the federal option
concerning victims of domestic violence provided for in the
Temporary Assistance to Needy Families program pursuant to
Section 402(a)(7) of the Social Security Act (42 U.S.C. Sec.
602(a)(7)). By adopting this provision, the Legislature
recognizes that some individuals who may need public assistance
have been or are victims of abuse, and intends to ensure that
applicants and recipients who are past or present victims of
abuse are not placed at further risk or unfairly penalized by
CalWORKs requirements and procedures. The Legislature intends
that, in implementing this article, program requirements not be
created or applied in such a way as to encourage a victim to
remain with the abuser. It is also the intent of the
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Legislature that CalWORKs recipients participate in
welfare-to-work activities, to the full extent of their
abilities, including participation in counseling and treatment
programs, as appropriate, to enable the recipient to obtain
unsubsidized employment and move towards self-sufficiency.
Section 42-715.511 of the DSS Manual of Policies and Procedures
(MPP) outlines which program requirements counties cannot waive,
including asset, income, homeless assistance, and deprivation
requirements. The MPP also specifies that counties shall
provide applicants and recipients the opportunity to
confidentially self-identify or disclose domestic abuse, and
shall offer information and resource materials on domestic abuse
and advise of the availability of related services. The MPP
also requires the development of a welfare-to-work plan that
meets specified criteria for victims of abuse and imposes
training curricula on certain county staff related to domestic
abuse.
Barriers to reporting domestic violence
In addition to physical or sexual abuse, many domestic violence
victims also experience mental and emotional abuse at the hands
of their abusers, including stalking, deprivation of access to
the family's financial resources and exertion of economic
control, as well as sabotage of the victim's attempts to work or
go to school. While state law provides that CalWORKs applicants
and recipients should be able to confidentially disclose
domestic abuse they have suffered, there are a number of victims
who still do not come forward to report their abuse. This is
often due to fear of retaliation from their abuser and a lack of
trust that the unfamiliar person to whom they are reporting the
abuse will keep their information confidential. Not reporting
abuse that prevents them from complying with CalWORKs
requirements can greatly affect their ability to access needed
services and aid. A recipient can be sanctioned due to
noncompliance with requirements or for not participating in
welfare-to-work activities without a waiver, which removes aid
from the household and creates greater instability for a family.
For many victims who are eligible for the program, CalWORKs
benefits and services can help families not have to choose
between remaining in an abusive situation and becoming homeless.
Need for the bill
According to the author, "AB 1107 would increase options for
low-income domestic violence survivors by extending time-limited
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waivers of CalWORKs program requirements, as allowed by federal
law, when that requirement would unfairly penalize a domestic
violence survivor or make it more difficult for him or her
escape abuse or place them at further risk of abuse. AB 1107
would also establish a standard process to notify applicants and
recipients in the CalWORKs program of the rights of domestic
violence survivors to request these waivers."
While the DSS MPP provides some direction, there are variations
in the application of good cause waivers for domestic violence
across counties, and there is no standard process for notifying
CalWORKs applicants and recipients of the services and
accommodations that can assist them. In many instances, program
applicants are required to sign forms, check boxes, or verbally
confirm that they are victims of domestic violence during their
initial interactions with county social workers. This can lead
to counties requiring victims to declare their status as victims
of abuse before they're ready, and leaves the timing of a
request for an applicant or recipient to provide corroborating
evidence up to the social worker's discretion. There is also no
specified amount of time in current law for which a sworn
statement confirming domestic violence and the need for a
program waiver is valid. This bill provides that a waiver can
be granted based on domestic violence that occurred up to 12
months in the past, or a waiver can be provided for up to 12
months from the time of confirmation of abuse, based on an
applicant's or recipient's sworn statement confirming abuse.
The bill also grants counties the ability to consider abuse more
than 12 months in the past or extend a waiver beyond the first
12 months if there is other evidence to corroborate the victim's
sworn statement. This bill would establish a uniform, statewide
process for waiving CalWORKs program rules based on an applicant
or recipient's status as a victim of current or past domestic
violence without forcing applicants and recipients to declare
their status before they're ready or reduce their aid if they
don't.
According to the bill's sponsor, Western Center on Law and
Poverty, "Parents facing hard choices and turning to the
CalWORKs program due to economic hardship, loss of a job or a
home, can be overwhelmed by the rules and requirements of the
program. This is especially true for applicants and recipients
whose lives have been destabilized by domestic violence. AB
1107 will ensure that these families receive the support and
special accommodations they need to achieve economic
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self-sufficiency."
REGISTERED SUPPORT / OPPOSITION :
Support
Western Center on Law and Poverty - Sponsor
Asian Law Alliance
California Partnership to End Domestic Violence
Coalition of California Welfare Rights Organizations, Inc.
National Association of Social Workers, California Chapter
(NASW-CA)
Sacramento Housing Alliance
California Catholic Conference
Opposition
None on file
Analysis Prepared by : Myesha Jackson / HUM. S. / (916)
319-2089