BILL ANALYSIS Ó
AB 1653
Page 1
Date of Hearing: May 21, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 1653 (Garcia) - As Amended: May 6, 2014
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.
2)Requires counties inform CalWORKS applicants and recipients
that a victim of domestic violence has a right to request a
waiver of program requirements using the statewide notice or a
county notice approved by DSS.
3) Requires counties to waive a CalWORKs program requirement for
a recipient who has been identified as a victim of past or
present abuse when it has been determined the program
AB 1653
Page 2
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.
4)Requires the county to reevaluate a waiver of program
requirements for domestic violence in conjunction with annual
and semi-annual report and eligibility determinations.
5)Authorizes a county to develop and disseminate its own notice
for purposes of providing CalWORKs applicants and recipients
information about their right to a waiver of program
requirements as victims of domestic violence, provided that
the notice is approved by DSS and contains the information
required in the statewide notice.
6)Provides that a CalWORKs applicant or recipient is not
required to disclose his or her status, or the status of
another member of the assistance unit, as a domestic violence
victim in order to receive aid, and provides that the failure
to disclose abuse and request services shall not prejudice a
recipient's disclosure and request for services at a later
date.
FISCAL EFFECT
1) Minor costs to DSS, likely less than $25,000 (GF), to
develop the statewide standard notice.
AB 1653
Page 3
2) Potentially reimbursable, likely minor, costs to
counties to provide notice to CalWORKs applicants and
recipients of their right to request a waiver.
3) To the extent the upfront notice requirement increases
the number of recipients receiving waivers, unknown
potential costs to counties to provide program waivers to
identified domestic violence victims. Most counties provide
this waiver now.
COMMENTS
1)Purpose . This bill seeks to ensure CalWORKs applicants and
recipients who are present or past victims of domestic
violence are provided appropriate and timely information
regarding their rights to a waiver of program requirements if
adherence to those requirements would unfairly penalize them
or put them at risk of further abuse.
Most counties report it is common practice to waive certain
CalWORKs program requirements for victims of domestic
violence. However, because statute is permissive, the type of
notice provided to applicants and recipients pertaining to
domestic violence waivers, the timing and means by which such
notice is provided, and the details included such a notice can
vary across the state, leaving some CalWORKs recipients in
sanction status for noncompliance without knowing they can
request a program waiver and services.
2)Domestic Violence Waivers in CalWORKs . The federal Personal
Responsibility and Work Opportunity Reconciliation Act of 1996
(PRWORA) created the block-granted TANF program. Among its
AB 1653
Page 4
provisions, 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 was
included in AB 1542 (Ducheny) Chapter 270, Statutes of 1997;
California's bill to implement the CalWORKs program.
With respect to domestic violence waivers, AB 1542 seeks 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.
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 require counties to provide applicants
and recipients the opportunity to confidentially self-identify
or disclose domestic abuse, and to offer information and
resource materials on domestic abuse. Counties must also
advise CalWORKs participants of the availability of related
services and are required to develop a welfare-to-work plan
for victims of abuse.
3)Prior legislation . This bill is a narrowed version of AB 1107
(Garcia) 2013, which would have required DSS to develop a
standard notice and procedures to ensure victims of domestic
violence are not unfairly penalized for noncompliance with
CalWORKs rules and specified requirements for counties and aid
recipients with respect to retroactive waivers of program
requirements due to domestic violence. That bill was held on
this committee's Suspense File.
Analysis Prepared by : Jennifer Swenson / APPR. / (916)
AB 1653
Page 5
319-2081