BILL ANALYSIS Ó
SENATE HUMAN
SERVICES COMMITTEE
Senator Jim Beall, Chair
BILL NO: AB 1653
A
AUTHOR: Garcia
B
VERSION: June 5, 2014
HEARING DATE: June 24, 2014
1
FISCAL: Yes
6
5
CONSULTANT: Mareva Brown
3
SUBJECT
CalWORKs: victims of domestic violence
SUMMARY
This bill requires the State Department of Social Services
(CDSS) to establish a standard, statewide notice to inform
all applicants and recipients of the California Work
Opportunity and Responsibility to Kids (CalWORKs) program
that victims of 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 those requirements 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 also requires the county to waive
program requirements under specified circumstances and
requires counties to inform all CalWORKs applicants and
recipients of their rights and how to secure a waiver.
Continued---
STAFF ANALYSIS OF ASSEMBLY BILL 1653 (Garcia)
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ABSTRACT
Existing law :
1)Establishes under federal law the Temporary Assistance
for Needy Families (TANF) program to provide aid and
welfare-to-work services to eligible families and, in
California, provides that TANF funds for welfare-to-work
services are administered through the CalWORKs program.
(42 U.S.C. 601 et seq., WIC 11200 et seq.)
2)Establishes income, asset and real property limits used
to determine eligibility for the program, including net
income below the Maximum Aid Payment (MAP), based on
family size and county of residence, which is
approximately 40 percent of the Federal Poverty Level.
(WIC 11450, 11150 et seq.)
3)Establishes a 48-month lifetime limit of CalWORKs
benefits for eligible adults, including 24 months during
which a recipient must meet federal work requirements in
order to retain eligibility. (WIC 11454, 11322.85)
4)Requires all individuals over 16 years of age, unless
they are otherwise exempt, to participate in
welfare-to-work activities as a condition of eligibility
for CalWORKs. (WIC 11320.3, 11322.6)
5)Establishes the number of weekly hours of welfare-to-work
participation necessary to remain eligible for aid, as
specified. (WIC 11322.8)
6)Requires a county to excuse a CalWORKs recipient from
participation in welfare-to-work activities for good
cause for a circumstance that temporarily prevents or
significantly impairs the recipient's ability to be
regularly employed or to participate in welfare-to-work
activities. Requires county welfare departments to review
a good cause determination no less than every three
months to determine whether it remains appropriate. (WIC
11320.3 (f))
7)Establishes that good cause applies to a victim of
domestic violence if participation in work or other
welfare-to-work activities would be detrimental to, or
STAFF ANALYSIS OF ASSEMBLY BILL 1653 (Garcia)
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unfairly penalize, the individual or his or her family,
and establishes a state option for a domestic violence
waiver granted under federal law. (WIC 11320.3(f)(2))
(WIC 11495 et seq.)
8)Establishes in federal TANF law an optional program for
states, commonly known as the Family Violence Option,
which requires states to establish standards and
procedures to identify individuals receiving TANF
assistance with a history of domestic violence, make
referrals to counseling and supportive services. Federal
law also requires states adopting this option to waive,
pursuant to a determination of good cause, the
welfare-to-work requirements in cases where participation
in the program would make it more difficult for
individuals receiving TANF assistance to escape domestic
violence or would unfairly penalize individuals who have
been victims of domestic violence or are at risk of
further domestic violence. (42 U.S.C. 602(a)(7))
9)Requires CDSS to convene a task force with specified
stakeholders to establish California's policy on waiving
welfare-to-work requirements for domestic violence
victims, and requires that CDSS issue regulation no later
than January 1, 1999. (WIC 11495.1)
This bill :
1)Declares the legislative findings that some individuals
who are in need of public assistance are, or have been,
victims of abuse.
2)States legislative intent 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.
3)States legislative intent to establish a standard,
statewide notice to CalWORKs applicants and recipients,
informing them of rights for abuse victims and survivors
and instructing them how to secure these rights, as well
as referrals for counseling services.
4)Requires a county to waive a program requirement and
welfare-to-work requirements for an applicant or a
STAFF ANALYSIS OF ASSEMBLY BILL 1653 (Garcia)
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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.
5)Removes obsolete statutory language.
6)Requires that waivers be reevaluated in conjunction with
the annual and semiannual determinations of eligibility
completed by the county.
7)Requires CDSS in consultation with specified stakeholders
to develop a standard, statewide notice to inform all
CalWORKs applicants and recipients that victims of abuse
have a right to request a waiver of program requirements.
Requires the notice include:
a. Examples of the types of program requirements
that may be waived.
b. Space for county-specific instructions for
securing a waiver and an abuse service plan.
c. Space for a list of county domestic abuse
resources, such as local hotlines, domestic violence
counseling agencies, and mental health services.
d. A statement addressing the scope of
confidentiality.
e. A definition of abuse, and other general
information regarding abuse, such as safety
planning.
f. 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.
g. A description of remedies that are available
for immigrant abuse survivors.
8)Requires a county to inform all CalWORKs applicants and
recipients that a victim of 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.
9)Requires a county to give the notice, orally and in
writing, in the person's primary language, and to retain
STAFF ANALYSIS OF ASSEMBLY BILL 1653 (Garcia)
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proof in the person's case file that the notice was
provided:
a. When a person applies for CalWORKs.
b. During the welfare-to-work planning process.
c. When the county redetermines eligibility.
d. When the county sends a notice of action for a
sanction resulting from failure to participate in a
program requirement.
e. Whenever an applicant or recipient voluntarily
discloses that he or she is a victim of abuse.
10)Prohibits CDSS from approving a county's notice unless
the notice contains, at a minimum, all of the information
described in this section.
11)Prohibits requiring an applicant or recipient from being
required to disclose his or her status as a victim of
abuse, or the status of another member of the assistance
unit as a victim of abuse in order to be eligible for
CalWORKs aid.
12)If the recipient of a notice fails to immediately
disclose abuse, prohibits a county from using 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.
FISCAL IMPACT
According to an analysis by the Assembly Committee on
Appropriations, costs for this bill would be minor for CDSS
to develop the statewide standard notice and minor,
potentially reimbursable, costs to the counties to provide
notice to CalWORKs applicants and recipients of their right
to request a waiver. The analysis also noted that to the
extent the upfront notice requirement increases the number
of recipients receiving waivers, there could be unknown
potential costs to counties to provide program waivers to
identified domestic violence victims. However, most
counties provide this waiver now.
BACKGROUND AND DISCUSSION
Purpose of the bill:
STAFF ANALYSIS OF ASSEMBLY BILL 1653 (Garcia)
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According to the author, existing law does not provide for
a notice to inform applicants and recipients of their right
to seek a waiver as a victim of abuse or require counties
to refer CalWORKs recipients of domestic violence services
when an applicant or recipient discloses that they have or
are experiencing abuse. The author states that
clarification of existing law would improve implementation
of waivers for abuse victims.
The author further writes that while TANF places a number
of requirements and responsibilities on recipients of
government benefits, it offered states flexibility to
ensure that these provisions did not unfairly penalize a
victim of domestic violence or make it more difficult for
them to escape or prevent violence. By establishing the
Family Violence Option, the federal government acknowledged
the unique challenges facing victims of family violence who
live in poverty.
Under this law, states may voluntarily adopt specific
family violence policies as part of the state's TANF plan.
In adopting the option, a state certifies that it will
identify domestic violence victims, maintain victim
confidentiality, refer victims to supportive services and
waive program requirements, such as time limits on the
receipt of benefits or work requirements, if those
requirements make it more difficult to escape the violence
or would unfairly penalize the victim.
CalWORKs
The CalWORKs program provides a monthly cash benefit and
job-related services intended to move children out of
poverty and help families meet basic needs. Federal
funding for CalWORKs comes from the Temporary Assistance
for Needy Families (TANF) block grant. According to recent
data from CDSS, 554,292 families rely on CalWORKs,
including more than 1 million children. The average
monthly CalWORKs cash grant for a family of three is $463,
or $15.43 per day to meet basic needs such as rent,
clothing, utilities and other necessities. A family of
three receiving the average grant amount would have an
annual household income at $5,556 per year -- about one
quarter of the Federal Poverty Guidelines level for the
STAFF ANALYSIS OF ASSEMBLY BILL 1653 (Garcia)
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same size family of $19,790.
While federal law limits cash assistance to a family with
an adult to 60 months, California law limits eligibility
for the CalWORKs program to 48 months, with a requirement
that families must meet federal work participation
requirements for 24 of those months in order to retain
eligibility and benefits.
Domestic violence
According to the According to the California Women's Health
Survey (CWHS), about 40 percent of California women
reported experiencing intimate partner violence in their
lifetime.<1> The study noted higher rates of intimate
partner violence among women below 200 percent of poverty,
women with a GED or lower educational attainment, women who
had no health insurance and women who described feeling
overwhelmed to surveyors.
Numerous researchers have documented the correlation
between poverty and domestic abuse.<2> A number of studies
have looked directly at the correlation between TANF
recipients and domestic abuse, finding, generally, that
more than half of the women who received TANF aid said they
had experienced physical abuse by an intimate male partner
at some point during their adult lives, compared to about
one-fifth of the general population. Researchers have shown
consistently that rates of physical and sexual violence for
women receiving TANF benefits are significantly higher than
for other low-income women in the same neighborhoods.
Family Violence Option waiver
The 1996 federal welfare reform act, the Personal
Responsibility and Work Opportunity
Reconciliation Act (PRWORA), include a domestic violence
waiver option for states. California is among a majority of
-------------------------
<1> California Department of Health Care Services,
Department of Public Health, 2009 Women's Health Care
Survey
<2>
http://www.cimh.org/sites/main/files/file-attachments/dvempl
ymttanfpopsworkpaper2003.pdf
STAFF ANALYSIS OF ASSEMBLY BILL 1653 (Garcia)
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states that have opted to participate. In order to
participate, states must incorporate three elements into
the plan:
County welfare departments must identify applicants
who are abuse victims while protecting their
confidentiality
Abuse victims must be referred to domestic violence
supportive services
A county must waive CalWORKs requirements that an
applicant cannot meet due to abuse.
Related legislation
AB 1107 (Garcia) 2013 would have required CDSS to develop a
standard notice and procedures for CalWORKs recipients who
are victims of domestic violence, require they are not
unfairly penalized for noncompliance with program rules and
provide retroactive waivers for aid. It was held in the
Assembly Appropriations Committee.
COMMENTS
This bill is an effort to comply with state law requiring a
standard notice be issued statewide to domestic abuse
victims. It seeks to ensure that CalWORKs applicants and
recipients who are current or prior victims of domestic
violence are provided appropriate and timely information
about 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.
1) Should the bill pass this committee, staff
recommends the author define the native language
requirement in this bill (11495.20 (b)) to restrict it
to languages that are available through existing
translation services in order to ensure that victims
are not required to seek translation services from a
family member whose knowledge of the conversation
could put the victim at additional risk.
2) In order for a CalWORKs waiver to be federally
recognized, it requires a service plan to alleviate
the condition being waived. Should this bill pass this
committee, staff recommends the author include
STAFF ANALYSIS OF ASSEMBLY BILL 1653 (Garcia)
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language requiring a domestic violence service plan,
or other appropriate plan.
PRIOR VOTES
Assembly Floor 77 - 0
Assembly Appropriations 17 - 0
Assembly Human Services 5 - 0
POSITIONS
Support: Western Center on Law and Poverty (Sponsor)
California Catholic Conference
California Immigrant Policy Center
California Partnership to End Domestic
Violence
Coalition of California Welfare Rights
Organizations
East Bay Community Law Center
Legal Services of Northern California
National Association of Social Workers
Public Interest Law Project
San Francisco Department on the Status of
Women
1 individual
Oppose: None received.
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