BILL ANALYSIS Ó
AB 1107
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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
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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
AB 1107
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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