BILL ANALYSIS Ó
Senate Appropriations Committee Fiscal Summary
Senator Kevin de León, Chair
AB 1653 (Garcia) - CalWORKs: victims of abuse.
Amended: June 5, 2014 Policy Vote: Human Service 4-0
Urgency: No Mandate: Yes
Hearing Date: August 4, 2014
Consultant: Jolie Onodera
This bill meets the criteria for referral to the Suspense File.
Bill Summary: AB 1653 would:
Require a county to 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.
Requires a county to also waive the welfare-to-work
requirements for an applicant or participant when it has
been determined that good cause exists due to domestic
violence, as specified.
Require a county to reevaluate waivers in conjunction with
the annual and semiannual determinations of eligibility
completed by the county.
Require the Department of Social Services (DSS), 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, as specified.
Requires a county to inform all CalWORKs applicants and
recipients, both orally and in writing in the person's
primary language, of the right to request a waiver of
program requirements. This notice is required to be provided
at application, during the welfare-to-work planning process,
at eligibility redetermination, when a notice of action
(NOA) for a sanction from failure to participate in a
program requirement, and whenever an applicant or recipient
voluntarily discloses he or she is a victim of abuse.
Fiscal Impact:
Major first-year costs in the range of $185 million to $370
million (General Fund), and ongoing costs in the range of
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$125 million to $250 million to provide CalWORKs assistance
to formerly sanctioned adult recipients and children
formerly subject to the MFG rule who would be eligible for
waivers of program requirements.
Unknown, potentially major ongoing costs in the millions of
dollars (General Fund) for CalWORKs assistance and
administration to the extent additional applicants would
qualify for waivers under the provisions of this measure.
Ongoing state-reimbursable costs in excess of $5 million
(General Fund) for counties to provide notice of waiver
rights orally and in writing, in the person's primary
language, on multiple occasions, as well as reevaluate
waivers at semiannual and annual redeterminations of
eligibility rather than with periodic reevaluations of
waivers.
One-time potentially significant county change management
costs (including training, written noticing, and automation
changes).
Unknown potential impact on the federal work participation
rate (WPR). To the extent a significant number of applicants
and recipients qualify for waivers of welfare-to-work
requirements, could compromise the state's ability to meet
the federal WPR, which could result in future federal
penalty assessments in the millions of dollars, which could
eventually be deducted from future federal TANF grant
awards.
Background: Existing federal law under the Temporary Assistance
for Needy Families (TANF) program provides 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 California Work
Opportunity and Responsibility to Kids (CalWORKs) program.
Existing state law provides that a county may waive a program
requirement for a CalWORKs recipient who has been identified as
a past or present victim of abuse when it has been determined
that good cause exists that the recipient is a victim of
domestic violence (DV) and participation in work or other
welfare-to-work activities would be detrimental to, or unfairly
penalize, the individual or his or her family. (WIC §
11320.3(f)(2).)
Existing state law adopts a family violence provision by
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enacting the federal option concerning victims of DV provided
for in the TANF program. By adopting this provision, the state
is required to establish standards and procedures to identify
CalWORKs recipients who have been or are victims of DV, and make
referrals to counseling and supportive services. Adopting this
option also requires the state 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 CalWORKs recipients to escape DV, would unfairly
penalize individuals who have been victims of DV, or are at risk
of further DV. (WIC § 11495 et seq.)
Proposed Law: This bill would require a county to waive a
program requirement for a CalWORKs applicant or 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. Additionally, this bill:
Requires a county to also waive the welfare-to-work
requirements for an applicant or participant when it has
been determined that good cause exists due to domestic
violence, as specified.
Requires a county to reevaluate waivers in conjunction
with the annual and semiannual determinations of eligibility
completed by the county.
Requires DSS, in consultation with county human services
agencies, DV and CalWORKs advocates, and CalWORKs
caseworkers, 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, as specified.
Requires a county to inform all CalWORKs applicants and
recipients, both orally and in writing in the person's
primary language, of the right to request a waiver of
program requirements. This notice is required to be provided
at application, during the welfare-to-work planning process,
at eligibility redetermination, when a NOA for a sanction
from failure to participate in a program requirement, and
whenever an applicant or recipient voluntarily discloses he
or she is a victim of abuse.
Staff Comments: The provisions of this bill significantly expand
the population and circumstances under which an individual is
eligible for a waiver of CalWORKs program requirements.
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Additionally, this bill requires rather than authorizes counties
to grant such waivers. Under current law, only CalWORKs
recipients are eligible for a waiver of program requirements, at
county option, if it has been determined that good cause exists
that the recipient is a DV victim and participation in work or
other activities would be detrimental to the individual or his
or her family. This bill requires counties to waive program
requirements for both applicants and recipients who have been
identified as victims of any type of abuse (not restricted to
DV), 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.
Because the type of "abuse" is unspecified, former and current
victims of any type of abuse (child, physical, verbal, sexual,
psychological, emotional, immigrant, and others) could
potentially be granted a waiver. Expanding the population of
eligible individuals to include CalWORKs applicants as well as
victims of any type of abuse could result in thousands more
waivers that counties would be required to be grant.
By broadening eligibility for a waiver of 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, the types of program
requirements that may potentially be waived could include not
only a waiver of welfare-to-work requirements, but also the
24-month and 48-month time limits on the receipt of aid, the
Maximum Family Grant (MFG) rule, and the "100 hour" child
deprivation rule.
The DSS has indicated the first-year impact of the provisions of
this bill could cost in the range of $185 million to $370
million in CalWORKs assistance by requiring counties to provide
waivers and adding a separate criterion for waiver eligibility,
which would largely impact unaided adults in sanction status who
do not meet the good cause requirement and unaided children
impacted by the MFG rule. These first-year costs include
retroactive costs for aiding MFG children. Ongoing costs are
estimated in the range of $125 million to $250 million. Further,
to the extent an increased number of CalWORKs applicants receive
waivers for meeting program requirements would also result in
ongoing additional CalWORKs assistance and administrative costs
of an unknown, but potentially significant amount in the
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millions of dollars.
By mandating that counties provide notice of waiver rights
orally and in writing, in the person's primary language, on
multiple occasions, as well as reevaluate waivers at semiannual
and annual redeterminations of eligibility rather than with
periodic reevaluations of waivers, this bill results in a
state-mandated local program which could result in ongoing
state-reimbursable costs in excess of $5 million (General Fund).
The DSS has indicated that in addition to CalWORKs grant and
administrative costs, one-time county change management costs
(for training, written noticing, and automation) of an unknown
but potentially significant amount would be incurred.
To the extent a significant number of applicants and recipients
qualify for waivers of welfare-to-work requirements, could
potentially result in a negative impact on the federal work
participation rate (WPR), the extent of which is unknown and
would be dependent on various factors. Should the provisions of
this measure compromise the state's ability to meet the federal
WPR, could result in future federal penalty assessments in the
millions of dollars, which could eventually be deducted from
future federal TANF grant awards.