BILL NUMBER: AB 1516	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 22, 2014
	AMENDED IN ASSEMBLY  MARCH 28, 2014

INTRODUCED BY   Assembly Member Gonzalez

                        JANUARY 15, 2014

   An act to amend Sections 11323.4 and 11450 of, and to add and
repeal Chapter 4.7 (commencing with Section 18288) of Part 6 of
Division 9 of, the Welfare and Institutions Code, relating to public
social services.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1516, as amended, Gonzalez. Public social services: diapers.
   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 specifies the amounts
of cash aid to be paid each month to CalWORKs recipients.
   This bill would require that an additional young child special
needs supplement be paid in the amount of $80 per month to a child
who is under 3 years of age in an  aided household 
 assistance unit  , and that this amount be adjusted
annually to reflect  charges   changes  in
the cost of living.
   Existing law provides that necessary supportive services shall be
available to every participant in the CalWORKs program, including
child care, as specified.
   This bill would give participants the option to request supportive
services through the Internet Web site of the county if the county
is capable of accepting those requests through its Internet Web site.
If the county is not capable of accepting requests through its
Internet Web site, the bill would require the county to accept those
requests in the manner necessary to ensure that participants are able
to request the supportive services they need.
   By increasing the administrative duties of counties administering
the CalWORKs program, the bill would impose a state-mandated local
program.
   This bill would also, until January 1, 2019, create the Unmet
Diaper Need Financing Fund in the State Treasury and would require
that moneys in the fund, upon appropriation by the Legislature, be
distributed by the State Department of Public Health to entities that
serve low-income children, as specified, and have identified
dollar-for-dollar matching funding. The bill would require that money
distributed to those entities be used for the purpose of meeting the
unmet diaper needs of the communities served by the entities.
   Existing law continuously appropriates moneys from the General
Fund to defray a portion of county costs under the CalWORKs program.
   This bill would instead provide that the continuous appropriation
would not be made for purposes of implementing the bill.
   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.  This act shall be known and may be cited as The Healthy
Baby Bottom Act of 2014 or HBBA.
  SEC. 2.  The Legislature hereby finds and declares all of the
following:
   (a) Existing federal law classifies diapers with cigarettes,
alcohol, and pet food as disallowed purchases under CalFresh and the
California Special Supplemental Food Program for Women, Infants, and
Children.
   (b) However, low-income parents cannot take advantage of free or
subsidized child care if they cannot afford to leave disposable
diapers at child care centers, a requirement for most child care
centers.
   (c) Without access to child care, these parents are less able to
attend work or school on a consistent basis, leading to increased
economic instability and a continuation of the cycle of poverty.
   (d) In addition, the severe health and social consequences for
babies and families who do not have access to diapers cannot be
underestimated or overlooked.
   (e) Lack of sufficient diapers can lead to multiple problems for
families in need, including unhappy babies, unhealthy communities,
undereducated toddlers, and underemployed adults.
   (f) Access to diapers can make the difference for a family to
become financially self-sufficient.
   (g) Therefore, it is the intent of the Legislature to enact
legislation that would empower beneficiaries of public assistance
programs with young children in diapers to return to the workforce by
removing unnecessary obstacles to obtaining diapers to the extent
permitted by federal law, thereby ensuring the health and welfare of
diaper-wearing children and their families.
  SEC. 3.  Section 11323.4 of the Welfare and Institutions Code is
amended to read:
   11323.4.  (a) (1) Payments for supportive services, as described
in Section 11323.2, shall be advanced to the participant, wherever
necessary, and when desired by the participant, so that the
participant need not use his or her funds to pay for these services.
Payments for child care services shall be made in accordance with
Article 15.5 (commencing with Section 8350) of Chapter 2 of Part 6 of
the Education Code.
   (2) A participant shall have the option to request supportive
services, as described in Section 11323.2, through the Internet Web
site of the county if the county is capable of accepting those
requests through its Internet Web site. If the county is not capable
of accepting requests through its Internet Web site, the county shall
accept those requests in the manner necessary to ensure that
participants are able to request the supportive services they need.
   (b) The county welfare department shall take all reasonable steps
necessary to promptly correct any overpayment or underpayment of
supportive services payments to a recipient or a service provider,
including, but not limited to, all cases involving fraud and abuse,
consistent with procedures developed by the department.
   (c) Notwithstanding any other provision of this article, any
participant in on-the-job training who becomes ineligible for aid
under this chapter due to earned income or hours worked, shall remain
a participant in the program under this article for the duration of
the on-the-job training assignment and shall be eligible for
supportive services for the duration of the on-the-job training,
provided this duration does not exceed the time limits otherwise
applicable to the recipient.
   (d) Notwithstanding any other provision of this article, any
participant in on-the-job training, grant-based on-the-job training,
supported work, or transitional employment who remains eligible for
aid pursuant to this chapter, shall be eligible for transportation
and ancillary expenses pursuant to paragraphs (2) and (3) of
subdivision (a) of Section 11323.2.
   (e) (1) Participants shall be encouraged to apply for financial
aid, including educational grants, scholarships, and awards.
   (2) To the extent permitted by federal law, the county shall
coordinate with financial aid offices to establish procedures whereby
the educational expenses of participants are met through available
financial aid and the supportive services described in Section
11323.2. These procedures shall not result in duplication of
payments, and shall require determinations to be made on an
individual basis to ensure that using financial aid will not prevent
the person's participation in his or her welfare-to-work plan.
   (f) Notwithstanding Section 10850, for purposes of child care
supportive services, county welfare departments shall share
information necessary for the administration of the child care
programs and the CalWORKs program.
  SEC. 4.  Section 11450 of the Welfare and Institutions Code is
amended to read:
   11450.  (a) (1) Aid shall be paid for each needy family, which
shall include all eligible brothers and sisters of each eligible
applicant or recipient child and the parents of the children, but
shall not include unborn children, or recipients of aid under Chapter
3 (commencing with Section 12000), qualified for aid under this
chapter. In determining the amount of aid paid, and notwithstanding
the minimum basic standards of adequate care specified in Section
11452, the family's income, exclusive of any amounts considered
exempt as income or paid pursuant to subdivision (e) or Section
11453.1, determined for the prospective semiannual period pursuant to
Sections 11265.1, 11265.2, and 11265.3, and then calculated pursuant
to Section 11451.5, shall be deducted from the sum specified in the
following table, as adjusted for cost-of-living increases pursuant to
Section 11453 and paragraph (2). In no case shall the amount of aid
paid for each month exceed the sum specified in the following table,
as adjusted for cost-of-living increases pursuant to Section 11453
and paragraph (2), plus any special needs, as specified in
subdivisions (c), (e), (f), and (g):
  Number
of
eligible
needy
persons
in                                     Maximum
the same home                            aid
    1..............................      $ 326
    2..............................        535
    3..............................        663
    4..............................        788
    5..............................        899
    6..............................       1,010
    7..............................       1,109
    8..............................       1,209
    9..............................       1,306
   10 or more......................       1,403


   If, when, and during those times that the United States government
increases or decreases its contributions in assistance of needy
children in this state above or below the amount paid on July 1,
1972, the amounts specified in the above table shall be increased or
decreased by an amount equal to that increase or decrease by the
United States government, provided that no increase or decrease shall
be subject to subsequent adjustment pursuant to Section 11453.
   (2) The sums specified in paragraph (1) shall not be adjusted for
cost of living for the 1990-91, 1991-92, 1992-93, 1993-94, 1994-95,
1995-96, 1996-97, and 1997-98 fiscal years, and through October 31,
1998, nor shall that amount be included in the base for calculating
any cost-of-living increases for any fiscal year thereafter.
Elimination of the cost-of-living adjustment pursuant to this
paragraph shall satisfy the requirements of Section 11453.05, and no
further reduction shall be made pursuant to that section.
   (b) (1) When the family does not include a needy child qualified
for aid under this chapter, aid shall be paid to a pregnant mother
who is 18 years of age or younger at any time after verification of
pregnancy, in the amount that would otherwise be paid to one person,
as specified in subdivision (a), if the mother, and child, if born,
would have qualified for aid under this chapter. Verification of
pregnancy shall be required as a condition of eligibility for aid
under this subdivision.
   (2)  Notwithstanding paragraph (1), when the family does not
include a needy child qualified for aid under this chapter, aid shall
be paid to a pregnant mother for the month in which the birth is
anticipated and for the three-month period immediately prior to the
month in which the birth is anticipated in the amount that would
otherwise be paid to one person, as specified in subdivision (a), if
the mother and child, if born, would have qualified for aid under
this chapter. Verification of pregnancy shall be required as a
condition of eligibility for aid under this subdivision.
   (3) Paragraph (1) shall apply only when the Cal-Learn Program is
operative.
   (c) The amount of forty-seven dollars ($47) per month shall be
paid to pregnant mothers qualified for aid under subdivision (a) or
(b) to meet special needs resulting from pregnancy if the mother, and
child, if born, would have qualified for aid under this chapter.
County welfare departments shall refer all recipients of aid under
this subdivision to a local provider of the Women, Infants and
Children program. If that payment to pregnant mothers qualified for
aid under subdivision (a) is considered income under federal law in
the first five months of pregnancy, payments under this subdivision
shall not apply to persons eligible under subdivision (a), except for
the month in which birth is anticipated and for the three-month
period immediately prior to the month in which delivery is
anticipated, if the mother, and the child, if born, would have
qualified for aid under this chapter.
   (d) For children receiving AFDC-FC under this chapter, there shall
be paid, exclusive of any amount considered exempt as income, an
amount of aid each month which, when added to the child's income, is
equal to the rate specified in Section 11460, 11461, 11462, 11462.1,
or 11463. In addition, the child shall be eligible for special needs,
as specified in departmental regulations.
   (e) In addition to the amounts payable under subdivision (a) and
Section 11453.1, a family shall be entitled to receive an allowance
for recurring special needs not common to a majority of recipients.
These recurring special needs shall include, but not be limited to,
special diets upon the recommendation of a physician for
circumstances other than pregnancy, and unusual costs of
transportation, laundry, housekeeping services, telephone, and
utilities. The recurring special needs allowance for each family per
month shall not exceed that amount resulting from multiplying the sum
of ten dollars ($10) by the number of recipients in the family who
are eligible for assistance.
   (f) After a family has used all available liquid resources, both
exempt and nonexempt, in excess of one hundred dollars ($100), with
the exception of funds deposited in a restricted account described in
subdivision (a) of Section 11155.2, the family shall also be
entitled to receive an allowance for nonrecurring special needs.
   (1) An allowance for nonrecurring special needs shall be granted
for replacement of clothing and household equipment and for emergency
housing needs other than those needs addressed by paragraph (2).
These needs shall be caused by sudden and unusual circumstances
beyond the control of the needy family. The department shall
establish the allowance for each of the nonrecurring special need
items. The sum of all nonrecurring special needs provided by this
subdivision shall not exceed six hundred dollars ($600) per event.
   (2) Homeless assistance is available to a homeless family seeking
shelter when the family is eligible for aid under this chapter.
Homeless assistance for temporary shelter is also available to
homeless families which are apparently eligible for aid under this
chapter. Apparent eligibility exists when evidence presented by the
applicant, or which is otherwise available to the county welfare
department, and the information provided on the application documents
indicate that there would be eligibility for aid under this chapter
if the evidence and information were verified. However, an alien
applicant who does not provide verification of his or her eligible
alien status, or a woman with no eligible children who does not
provide medical verification of pregnancy, is not apparently eligible
for purposes of this section.
   A family is considered homeless, for the purpose of this section,
when the family lacks a fixed and regular nighttime residence; or the
family has a primary nighttime residence that is a supervised
publicly or privately operated shelter designed to provide temporary
living accommodations; or the family is residing in a public or
private place not designed for, or ordinarily used as, a regular
sleeping accommodation for human beings. A family is also considered
homeless for the purpose of this section if the family has received a
notice to pay rent or quit. The family shall demonstrate that the
eviction is the result of a verified financial hardship as a result
of extraordinary circumstances beyond their control, and not other
lease or rental violations, and that the family is experiencing a
financial crisis that could result in homelessness if preventative
assistance is not provided.
   (A) (i) A nonrecurring special need of sixty-five dollars ($65) a
day shall be available to families of up to four members for the
costs of temporary shelter, subject to the requirements of this
paragraph. The fifth and additional members of the family shall each
receive fifteen dollars ($15) per day, up to a daily maximum of one
hundred twenty-five dollars ($125). County welfare departments may
increase the daily amount available for temporary shelter as
necessary to secure the additional bedspace needed by the family.
   (ii) This special need shall be granted or denied immediately upon
the family's application for homeless assistance, and benefits shall
be available for up to three working days. The county welfare
department shall verify the family's homelessness within the first
three working days and if the family meets the criteria of
questionable homelessness established by the department, the county
welfare department shall refer the family to its early fraud
prevention and detection unit, if the county has such a unit, for
assistance in the verification of homelessness within this period.
   (iii) After homelessness has been verified, the three-day limit
shall be extended for a period of time which, when added to the
initial benefits provided, does not exceed a total of 16 calendar
days. This extension of benefits shall be done in increments of one
week and shall be based upon searching for permanent housing which
shall be documented on a housing search form; good cause; or other
circumstances defined by the department. Documentation of a housing
search shall be required for the initial extension of benefits beyond
the three-day limit and on a weekly basis thereafter as long as the
family is receiving temporary shelter benefits. Good cause shall
include, but is not limited to, situations in which the county
welfare department has determined that the family, to the extent it
is capable, has made a good faith but unsuccessful effort to secure
permanent housing while receiving temporary shelter benefits.
   (B) A nonrecurring special need for permanent housing assistance
is available to pay for last month's rent and security deposits when
these payments are reasonable conditions of securing a residence, or
to pay for up to two months of rent arrearages, when these payments
are a reasonable condition of preventing eviction.
   The last month's rent or monthly arrearage portion of the payment
(i) shall not exceed 80 percent of the family's total monthly
household income without the value of CalFresh benefits or special
needs for a family of that size and (ii) shall only be made to
families that have found permanent housing costing no more than 80
percent of the family's total monthly household income without the
value of CalFresh benefits or special needs for a family of that
size.
   However, if the county welfare department determines that a family
intends to reside with individuals who will be sharing housing
costs, the county welfare department shall, in appropriate
circumstances, set aside the condition specified in clause (ii) of
the preceding paragraph.
   (C) The nonrecurring special need for permanent housing assistance
is also available to cover the standard costs of deposits for
utilities which are necessary for the health and safety of the
family.
   (D) A payment for or denial of permanent housing assistance shall
be issued no later than one working day from the time that a family
presents evidence of the availability of permanent housing. If an
applicant family provides evidence of the availability of permanent
housing before the county welfare department has established
eligibility for aid under this chapter, the county welfare department
shall complete the eligibility determination so that the denial of
or payment for permanent housing assistance is issued within one
working day from the submission of evidence of the availability of
permanent housing, unless the family has failed to provide all of the
verification necessary to establish eligibility for aid under this
chapter.
   (E) (i) Except as provided in clauses (ii) and (iii), eligibility
for the temporary shelter assistance and the permanent housing
assistance pursuant to this paragraph shall be limited to one period
of up to 16 consecutive calendar days of temporary assistance and one
payment of permanent assistance. Any family that includes a parent
or nonparent caretaker relative living in the home who has previously
received temporary or permanent homeless assistance at any time on
behalf of an eligible child shall not be eligible for further
homeless assistance. Any person who applies for homeless assistance
benefits shall be informed that the temporary shelter benefit of up
to 16 consecutive days is available only once in a lifetime, with
certain exceptions, and that a break in the consecutive use of the
benefit constitutes permanent exhaustion of the temporary benefit.
   (ii) A family that becomes homeless as a direct and primary result
of a state or federally declared natural disaster shall be eligible
for temporary and permanent homeless assistance.
   (iii) A family shall be eligible for temporary and permanent
homeless assistance when homelessness is a direct result of domestic
violence by a spouse, partner, or roommate; physical or mental
illness that is medically verified that shall not include a diagnosis
of alcoholism, drug addiction, or psychological stress; or, the
uninhabitability of the former residence caused by sudden and unusual
circumstances beyond the control of the family including natural
catastrophe, fire, or condemnation. These circumstances shall be
verified by a third-party governmental or private health and human
services agency, except that domestic violence may also be verified
by a sworn statement by the victim, as provided under Section
11495.25. Homeless assistance payments based on these specific
circumstances may not be received more often than once in any
12-month period. In addition, if the domestic violence is verified by
a sworn statement by the victim, the homeless assistance payments
shall be limited to two periods of not more than 16 consecutive
calendar days of temporary assistance and two payments of permanent
assistance. A county may require that a recipient of homeless
assistance benefits who qualifies under this paragraph for a second
time in a 24-month period participate in a homelessness avoidance
case plan as a condition of eligibility for homeless assistance
benefits. The county welfare department shall immediately inform
recipients who verify domestic violence by a sworn statement pursuant
to clause (iii) of the availability of domestic violence counseling
and services, and refer those recipients to services upon request.
   (iv) If a county requires a recipient who verifies domestic
violence by a sworn statement to participate in a homelessness
avoidance case plan pursuant to clause (iii), the plan shall include
the provision of domestic violence services, if appropriate.
   (v) If a recipient seeking homeless assistance based on domestic
violence pursuant to clause (iii) has previously received homeless
avoidance services based on domestic violence, the county shall
review whether services were offered to the recipient and consider
what additional services would assist the recipient in leaving the
domestic violence situation.
   (vi) The county welfare department shall report to the department
through a statewide homeless assistance payment indicator system,
necessary data, as requested by the department, regarding all
recipients of aid under this paragraph.
   (F) The county welfare departments, and all other entities
participating in the costs of the CalWORKs program, have the right in
their share to any refunds resulting from payment of the permanent
housing. However, if an emergency requires the family to move within
the 12-month period specified in subparagraph (E), the family shall
be allowed to use any refunds received from its deposits to meet the
costs of moving to another residence.
   (G) Payments to providers for temporary shelter and permanent
housing and utilities shall be made on behalf of families requesting
these payments.
   (H) The daily amount for the temporary shelter special need for
homeless assistance may be increased if authorized by the current
year's Budget Act by specifying a different daily allowance and
appropriating the funds therefor.
   (I) No payment shall be made pursuant to this paragraph unless the
provider of housing is a commercial establishment, shelter, or
person in the business of renting properties who has a history of
renting properties.
   (g) In addition to any other amounts payable under this section or
any other law, a young child special needs supplement shall be paid
in the amount of eighty dollars ($80) per month to any child under
three years of age who is in an  aided household 
 assistance unit  . This amount shall be adjusted annually
pursuant to Section 11453.
   (h) The department shall establish rules and regulations ensuring
the uniform application statewide of this section.
   (i) The department shall notify all applicants and recipients of
aid through the standardized application form that these benefits are
available and shall provide an opportunity for recipients to apply
for the funds quickly and efficiently.
   (j) Except for the purposes of Section 15200, the amounts payable
to recipients pursuant to Section 11453.1 shall not constitute part
of the payment schedule set forth in subdivision (a).
   The amounts payable to recipients pursuant to Section 11453.1
shall not constitute income to recipients of aid under this section.
   (k) For children receiving Kin-GAP pursuant to Article 4.5
(commencing with Section 11360) or Article 4.7 (commencing with
Section 11385) there shall be paid, exclusive of any amount
considered exempt as income, an amount of aid each month, which, when
added to the child's income, is equal to the rate specified in
Sections 11364 and 11387.
   (l) (1) This section shall become operative on April 1, 2013. A
county shall implement the semiannual reporting requirements in
accordance with the act that added this section no later than October
1, 2013.
   (2) Upon implementation described in paragraph (1), each county
shall provide a certificate to the director certifying that
semiannual reporting has been implemented in the county.
   (3) Upon filing the certificate described in paragraph (2), a
county shall comply with the semiannual reporting provisions of this
section.
  SEC. 5.  Chapter 4.7 (commencing with Section 18288) is added to
Part 6 of Division 9 of the Welfare and Institutions Code, to read:
      CHAPTER 4.7.  UNMET DIAPER NEED FINANCING FUND


   18288.  For purposes of this chapter, the following definitions
shall apply:
   (a) "Fund" means the fund created by Section 18289.
   (b) "Department" means the State Department of Public Health.
   18289.  (a) There is hereby created in the State Treasury the
Unmet Diaper Need Financing Fund for the purposes specified in this
chapter.
   (b) The fund shall consist of money accepted by the department
from grants and donations from private entities and of public moneys
transferred to the fund.
   (c) (1) Moneys in the fund shall, upon appropriation by the
Legislature, be distributed by the department to entities that meet
both of the following requirements:
   (A) Serve low-income children living in census tracts within the
state in which 50 percent or more of the population of children are
living below the federal poverty guideline.
   (B) Have identified dollar-for-dollar matching funding from the
federal government, the private sector, or any other available
source.
   (2) In making distributions under this subdivision, the department
shall give priority to the entities that serve communities in census
tracts with the highest poverty and highest racial and ethnic
diversity.
   (3) The money distributed pursuant to this subdivision shall be
used by the recipient for the purpose of meeting the unmet diaper
needs of the communities served by the recipient.
   (d) Notwithstanding Section 16305.7 of the Government Code, all
interest earned on the moneys that have been deposited into the fund
shall be retained in the fund and used for purposes consistent with
the fund.
   18290.  This chapter shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date.
  SEC. 6.  No appropriation pursuant to Section 15200 of the Welfare
and Institutions Code shall be made for purposes of implementing this
act.
  SEC. 7.  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.