Amended in Senate June 5, 2014

Amended in Assembly May 6, 2014

Amended in Assembly April 22, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1653

Introduced by Assembly Member Garcia

February 11, 2014

An act to amend Section 11495.15 of, and to add Section 11495.20 to, the Welfare and Institutions Code, relating to public social services.

LEGISLATIVE COUNSEL’S DIGEST

AB 1653, as amended, Garcia. CalWORKs: victims of domestic violence.

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 block grant program, and state and county funds. Existing law authorizes a county to excuse a participant from the welfare-to-work requirements for good cause if the person is a victim of domestic violence and participation would be detrimental to or unfairly penalize the individual or his or her family. Existing law also authorizes each county to waive a program requirement at any time for a recipient who is a past or present victim of abuse, as specified.

This bill would require the State Department of Social Services to establish a standard, statewide notice to inform all CalWORKs applicants and recipients that victims of begin delete domestic violence end delete begin insert abuse end insert have a right to request a waiver of program requirements. The bill would also require the county to waive, for applicants or recipients, program requirements begin insert when the requirement would encourage the individual to return to the abuser, or would be detrimental to or unfairly penalize the individual or his or her family, and to waive the welfare-to-work requirements for an applicant or recipient end insert if the county determines that good cause to waive those requirements exists, as specified. The bill would also require counties to use the standard, statewide notice, or an approved county notice, to inform all CalWORKs applicants and recipients of their rights and how to secure a waiver. By increasing the duties of county human services agencies, the bill would impose a state-mandated local program.

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.  

(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 victims of
abuse 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 begin delete domestic violence end delete
begin insert abuse end insert victims and survivors and instructing them how to secure
these rights, as well as referrals for counseling services.

SEC. 2.  

Section 11495.15 of the Welfare and Institutions Code
is amended to read:

11495.15.  

A county shall waive a program requirement for begin insert an
applicant or end insert a recipient who has been identified as a past or present
victim of abuse begin insert when the requirement would encourage the
individual to return to the abuser end insert begin insert , or would be detrimental to or
unfairly penalize the individual or his or her family. A county shall
also waive the welfare-to-work requirements for an applicant or
participant end insert when it has been determined that good cause exists
pursuant to paragraph (2) of subdivision (f) of Section 11320.3.
Waivers shall be reevaluated in conjunction with the annual and
semiannual determinations of eligibility completed by the county.

SEC. 3.  

Section 11495.20 is added to the Welfare and
Institutions Code, to read:

11495.20.  

(a) The department, in consultation with county
human services agencies, domestic violence and CalWORKs
advocates, and CalWORKs caseworkers, shall develop a standard,
statewide notice to inform all CalWORKs applicants and recipients
that victims of begin delete domestic violence end delete begin insert abuse end insert have a right to request a
waiver of program requirements. The notice shall include all of
the following:

(1) Examples of the types of program requirements that may be
waived.

(2) Space for county-specific instructions for securing a waiver
and begin delete a domestic violence end delete begin insert an abuse end insert service plan.

(3) Space for a list of county domestic abuse resources, such as
local hotlines, domestic violence counseling agencies, and mental
health services.

(4) A statement addressing the scope of confidentiality.

(5) A definition of abuse, and other general information
regarding abuse, such as safety planning.

(6) Information about how to receive county assistance in
tailoring welfare-to-work plans to meet the needs of victims who
do not have a waiver of the welfare-to-work requirements.

(7) A description of the remedies that are available for immigrant
begin delete domestic violence end delete begin insert abuse end insert survivors.

(b) A county shall inform all CalWORKs applicants and
recipients that a victim of begin delete domestic violence end delete begin insert abuse end insert has the right
to request a waiver of program requirements, using the statewide
notice described in this section or a county notice that has been
approved by the department. The county shall give the notice,
orally and in writing, begin insert in the person’s primary language end insert begin insert , end insert when a
person applies for CalWORKs and during the welfare-to-work
planning process, when the county redetermines eligibility or sends
a notice of action for a sanction resulting from failure to participate
in a program requirement, and whenever an applicant or recipient
voluntarily discloses that he or she is a victim of abuse. The county
shall retain, in a person’s case file, proof that the county provided
the person with this notice.

(c) The department shall not approve a county’s notice unless
the notice contains, at a minimum, all of the information described
in this section.

(d) An applicant or recipient shall not be required to disclose
his or her status, or the status of another member of the assistance
unit, as a victim of begin delete domestic violence end delete begin insert abuse end insert in order to be eligible
for aid. If the recipient of a notice fails to immediately disclose
abuse, the county shall not use this fact as an independent basis to
find that the recipient is not credible or treat his or her subsequent
request for a domestic violence waiver with prejudice.

SEC. 4.  

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.