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 AB 1107 Page 2 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 AB 1107 Page 3 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