BILL NUMBER: AB 1653 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 5, 2014
AMENDED IN ASSEMBLY MAY 6, 2014
AMENDED IN ASSEMBLY APRIL 22, 2014
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 domestic violence
abuse 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 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 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 domestic
violence abuse 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 an
applicant or a recipient who has been identified as a past or
present victim of abuse 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. A county shall also waive the welfare-to-work requirements
for an applicant or participant 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
domestic violence abuse 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 a domestic violence an abuse
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
domestic violence abuse survivors.
(b) A county shall inform all CalWORKs applicants and recipients
that a victim of domestic violence abuse
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, in the person's primary
language , 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 domestic violence abuse
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.