BILL NUMBER: AB 2435 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 22, 2014
INTRODUCED BY Assembly Member Hagman
FEBRUARY 21, 2014
An act to repeal and amend Section 11251.3 of
add Section 10850.35 to the Welfare and Institutions Code,
relating to CalWORKs.
LEGISLATIVE COUNSEL'S DIGEST
AB 2435, as amended, Hagman. CalWORKs: ineligibility.
Existing law provides for the California Work Opportunity and
Responsibility to Kids (CalWORKs) program, under which each county
provides cash assistance and other benefits to qualified low-income
families and individuals. Under existing law, an individual is
not eligible for aid under the CalWORKs program if he or she is
violating a condition of probation or parole imposed under federal
law or the law of any state. Existing law allows a county welfare
department to provide specified information to a law enforcement
officer of a CalWORKs applicant or recipient if the applicant or
recipient is violating a condition of probation or parole imposed
under state or federal law.
This bill would authorize the Department of Corrections and
Rehabilitation or a local sheriff's department to notify a county
welfare department that administers CalWORKs of persons released on
probation or parole who have been prohibited from residing with a
minor as a condition of release. The bill would authorize a county
welfare department that administers CalWORKs to notify law
enforcement of anyone who has been reported to the department
pursuant to these provisions who applies for benefits under the
CalWORKs program if the department has reason to believe that the
applicant is residing with a minor as a condition for eligibility to
receive benefits under the CalWORKs program.
Existing law provides that an individual who has been convicted in
state or federal court of a felony that has as an element the
possession, use, or distribution of a controlled substance, as
defined under federal law or the California Uniform Controlled
Substances Act, is ineligible for aid under the CalWORKs program.
Existing law also provides for a substantially similar provision that
does not make reference to controlled substances defined in the
California Uniform Controlled Substances Act.
This bill would repeal the substantially similar provision that
does not make reference to the California Uniform Controlled
Substances Act.
This bill would also provide that an individual who has been
convicted in state court after March 1, 2015, of any offense that is
a felony and a violation of certain sex offenses, where the victim of
the crime is a member of the household otherwise eligible for
assistance, or is related to a member of that household, is
ineligible for aid under the CalWORKs program unless the individual
meets any one of 5 conditions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 10850.35 is added to the
Welfare and Institutions Code , to read:
10850.35. (a) The Department of Corrections and Rehabilitation or
a local sheriff's department may notify a county welfare department
that administers CalWORKs of persons released on probation or parole
who have been prohibited from residing with a minor as a condition of
release.
(b) A county welfare department that administers CalWORKs may
notify law enforcement of anyone who has been reported to the
department pursuant to subdivision (a) who applies for benefits under
the CalWORKs program if the department has reason to believe that
the applicant is residing with a minor as a condition for eligibility
to receive benefits under the CalWORKs program.
SECTION 1. Section 11251.3 of the Welfare and
Institutions Code, as added by Section 1 of Chapter 283 of the
Statutes of 1997, is repealed.
SEC. 2. Section 11251.3 of the Welfare and
Institutions Code, as added by Section 1 of Chapter 284 of the
Statutes of 1997, is amended to read:
11251.3. (a) An individual shall be ineligible for aid under this
chapter if the individual has been convicted in state or federal
court after December 31, 1997, including any plea of guilty or nolo
contendere, of a felony that has as an element the possession, use,
or distribution of a controlled substance, defined in Section 102(6)
of the Controlled Substances Act (21 U.S.C. Sec. 802(6)) or Division
10 (commencing with Section 11000) of the Health and Safety Code.
(b) (1) Subject to paragraph (2), an individual shall be
ineligible for aid under this chapter if the individual has been
convicted in a state court after March 1, 2015, including any plea of
guilty or nolo contendere, of any offense that is a felony and a
violation of Section 266j, 269, 273a, 273ab, or 273d, paragraph (1)
of subdivision (c) of Section 286, subdivision (a) or paragraph (1)
of subdivision (c) of Section 288, Section 288.5, or paragraph (2) of
subdivision (b) or paragraph (1) of subdivision (c) of Section 288a
of the Penal Code, where the victim of the crime is a member of the
household otherwise eligible for assistance, or is related to a
member of that household.
(2) A person is not ineligible under paragraph (1) if he or she
meets any one of the following conditions:
(A) Completion of conditions of probation or parole for the crime
on which the disqualification is based, without a subsequent
conviction for abuse or molestation of a child.
(B) Current compliance with conditions of probation or parole for
the crime on which the disqualification is based.
(C) Completion of at least one year of treatment or counseling
related to the crime on which the disqualification is based, without
subsequent conviction for abuse or molestation of a child.
(D) Current participation in child abuser's treatment and receipt
of a determination by the counselor or treatment provider that the
person does not pose an unwarranted risk of abuse to children in the
home.
(E) A successful petition to a superior court in the county where
the aid is sought resulting in a finding by the court that the
individual's residence in the household is in the best interests of
the children and does not pose an unwarranted risk of abuse to
children in the home.
(c) For a family receiving aid under this chapter that includes an
individual who is ineligible pursuant to subdivision (a) or (b), a
county shall issue vouchers or vendor payments for at least rent and
utilities payments.