BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1107
                                                                  Page  1

          Date of Hearing:   May 15, 2013

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                   AB 1107 (Garcia) - As Amended:  April 24, 2013 

          Policy Committee:                              Human  
          ServicesVote:5 - 0 

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              Yes

           SUMMARY  

          This bill 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 domestic violence waivers.  Specifically, this  
          bill: 

          1)Requires the Department of Social Services (DSS) to establish  
            a standard statewide notice and processes to ensure that  
            applicants for, or recipients of, CalWORKs aid know the  
            program provides a series of waivers and services for victims  
            of domestic violence (DV).

          2)Requires counties, upon receipt of a sworn statement verifying  
            current or past domestic abuse to waive a CalWORKs program  
            requirement for an applicant or recipient who is a victim of  
            abuse when it has been determined 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 counties to collect evidence of the abuse in order to  
            extend a waiver from CalWORKs program elements beyond the  
            first 12 months of a waiver.

          4)Authorizes counties to retroactively waive a CalWORKs program  
            rule if it is determined 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 in order to retroactively waive  








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            program rules for a period beyond the most recent 12 months.

          5)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.

           FISCAL EFFECT  

          To the extent the up-front noticing requirement and the  
          requirement that all counties provide DV waivers and services  
          based upon the sworn statement of a victim increases the number  
          of CalWORKs recipients receiving waivers, annual costs to the  
          CalWORKs program for grants, services and administration could  
          exceed tens of millions of dollars [Temporary Assistance to  
          Needy Families (TANF)/Maintenance of Effort (MOE)]. 

           COMMENTS  

           1)Rationale  . According to the author, the intent of this bill is  
            to increase options for low-income domestic violence survivors  
            by extending time-limited 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. In addition, the bill creates an  
            upfront notice for all applicants and current recipients to  
            inform them of their right to receive DV services and waivers  
            if they are victims of domestic violence.

           2)Domestic Violence Waivers in CalWORKs  . The Personal  
            Responsibility and Work Opportunity Reconciliation Act of 1996  
            (PRWORA) 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.  Federal law allows states 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 further 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  








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            of 1997; California's bill to implement the CalWORKs program.   


            With respect to domestic violence waivers, AB 1542 stated the  
            Legislature's intent to take full advantage of the federal  
            option concerning victims of abuse. The bill also stated the  
            Legislature's intent 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. 

            In carrying out that intent, regulations outline which program  
            requirements counties cannot waive, including asset, income,  
            homeless assistance, and deprivation requirements, and which  
            can be waived, including work requirements, the maximum family  
            grant, and time limits. The regulations also specify that  
            counties must provide applicants and recipients the  
            opportunity to confidentially self-identify or disclose  
            domestic abuse, and shall offer information and resource  
            materials on domestic abuse. In addition, counties must advise  
            CalWORKs participants of the availability of related services.  
            Counties are also required to develop a welfare-to-work plan  
            that meets specified criteria for victims of abuse.   

           Analysis Prepared by  :    Julie Salley-Gray / APPR. / (916)  
          319-2081