BILL ANALYSIS �
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THIRD READING
Bill No: SB 252
Author: Liu (D)
Amended: 5/28/13
Vote: 21
SENATE HUMAN SERVICES COMMITTEE : 6-0, 4/9/13
AYES: Yee, Berryhill, Emmerson, Evans, Liu, Wright
SENATE APPROPRIATIONS COMMITTEE : 5-1, 05/23/13
AYES: De Le�n, Gaines, Hill, Padilla, Steinberg
NOES: Walters
NO VOTE RECORDED: Lara
SUBJECT : Social services: welfare-to-work requirements
SOURCE : Western Center on Law and Poverty
DIGEST : This bill adds to the exemptions from the
welfare-to-work requirements a pregnant woman who is unable to
obtain medical verification but is otherwise eligible for the
good cause exemption. This bill authorizes a pregnant woman to
satisfy welfare-to-work participation requirements, as
specified, by participating in a voluntary maternal, infant, and
early childhood home visiting program or another home visiting
program for low-income Californians that is approved by the
United States Department of Health and Human Services (HHS),
subject to the receipt of a federal waiver, as provided.
ANALYSIS :
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Existing Federal Law:
1. Establishes Temporary Assistance for Needy Families (TANF)
which is a block grant program.
2. Establishes the Federal Family and Medical Leave Act which
entitles eligible employees of covered employers to take
unpaid, job-protected leave for specified family and medical
reasons with continuation of group health insurance coverage
under the same terms and conditions as if the employee had
not taken leave.
3. Establishes in federal law the Maternal, Infant, and Early
Childhood Home Visiting program which facilitates
collaboration and partnership at the Federal, State and
community levels to improve health and development outcomes
for at-risk children through evidence-based home visiting
programs.
Existing State Law:
1. Provides for the allocation of funds for cash assistance and
other social services for low-income families through
California Work Opportunity and Responsibility to Kids
(CalWORKs) program. Under this program, each county provides
assistance through a combination of state, county and federal
TANF funds.
2. Establishes, within the state disability insurance program, a
family temporary disability insurance program, also known as
paid family leave. Paid family leave provides up to six
weeks of wage replacement benefits to workers who take time
off work to care for a seriously ill child, spouse, parent,
domestic partner, or to bond with a minor child within one
year of the birth or placement of the child in connection
with foster care or adoption.
3. Establishes the California Families and Children Home Visit
Program. Under this program, counties are awarded grants to
implement an approved home visit program, containing certain
elements, to aid at-risk families funded through the federal
Maternal and Child Health Services Block Grant.
4. Provides that unless otherwise exempt, an applicant or
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recipient shall participate in welfare-to-work activities up
to 24 cumulative months.
5. Provides an exemption from welfare-to-work activities for a
woman who is pregnant and for whom it has been medically
verified that the pregnancy impairs her ability to be
regularly employed or participate in welfare-to-work
activities or the county has determined that, at that time,
her participation will not readily lead to employment or that
a training activity is not appropriate.
6. Provides that a recipient shall be excused from participation
for good cause when the county has determined there is a
condition or other circumstance that temporarily prevents or
significantly impairs the recipient's ability to be regularly
employed or to participate in welfare-to-work activities. A
good cause exemption may include temporary illness of less
than 30 days without medical verification. Any month that an
exemption is applied shall not count as a month of activities
for purposes of the 24-month time limit.
This bill:
1. Exempts from the welfare-to-work requirements, a pregnant
woman who is unable to secure medical verification, but is
otherwise eligible for a good cause exemption for temporary
illness related to the pregnancy.
2. Permits, if a pregnant woman is required to participate in
work under existing law, her to satisfy the work
participation requirements by participating in a voluntary
maternal, infant, and early childhood home visiting program
or another voluntary home visiting program for low-income
Californians that is approved by the Department of Health and
Social Services (DHSS).
3. Requires the hours that the woman participates in the home
visiting program to be applied to the work participation
hours required under existing law for a period of no longer
than 10 months.
4. Implements these provisions upon receipt of a waiver of
compliance with the United States Code by DHSS, as specified,
for purposes of establishing more effective ways to meet the
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goals of CalWORKs, particularly helping parents successfully
prepare for employment and supporting the health and
well-being of children.
Background
CalWORKs . The CalWORKs program provides cash assistance to
nearly 600,000 needy families, including approximately 1.2
million children. Most of these families include adults who are
engaged in job training, education and other work preparation
activities. The overall average grant for a family of three is
$467 per month, or $15.56 per day.
Welfare-to-Work Activities . All CalWORKs recipients are
required to participate in welfare-to-work activities as a
condition of aid, unless the recipient is exempt. State law
requires counties to sanction individuals for noncompliance of
welfare-to-work program requirements. When a family, without
good cause, does not comply with program requirements, the
family's grant is reduced to remove support for the noncompliant
adult (or adults).
Adults in a one-parent CalWORKs case are required to participate
in Welfare-to-Work activity or activities, as defined, for at
least 20 hours per week, unless exempt.
Welfare-to-Work Exemptions . In general, CalWORKs recipients
have a 24-month time limit for receiving assistance. Months the
recipient has been excused from participation for a specified
exemption or for good cause do not count toward the 24-month
time limit.
A specific exemption from welfare to work activities may be
applied for a woman who is pregnant and for whom it has been
medically verified that the pregnancy impairs her ability to be
regularly employed or participate in welfare-to-work activities
or the county has determined that, at that time, participation
will not readily lead to employment or that a training activity
is not appropriate.
A good cause exemption from welfare-to-work activities may be
applied when medical verification cannot be obtained. A good
cause exemption may be applied to exempt the pregnant woman from
welfare to work activities for any other reason that temporarily
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prevents or significantly impairs a recipient's ability to work
regularly or go to welfare to work activities.
According to DSS, the total number of pregnancy exemptions
during 2012 was 10,301 (out of a total 499,525 clients who were
on CalWORKs for at least one month in 2012), or roughly 2% of
CalWORKs recipients. The 2012 monthly average number of clients
receiving a pregnancy exemption was 2,553.
Home Visiting Programs . The California Home Visiting Program
was created as a result of the Patient Protection and Affordable
Care Act of 2010. The home visiting program's focus is to
provide comprehensive, coordinated in-home services to support
positive parenting, and to improve outcomes for families
residing in identified at-risk communities.
Goals of the Federal Waiver . HHS says a goal of its waiver
initiative is to allow states to operate experimental, pilot, or
demonstration projects to test "alternative and innovative
strategies, policies, and procedures that are designed to
improve employment outcomes for needy families." HHS says it is
"encouraging states to consider new, more effective ways to meet
the goals of TANF, particularly helping parents successfully
prepare for, find, and retain employment."
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Minor and absorbable costs to the Employment Development
Department (EDD) to provide information to the Department of
Social Security (DSS), to the extent information from the EDD
Web site and utilization of existing publications and fact
sheets meet the DSS' needs.
Unknown, potentially significant ongoing costs for training
requirements not clearly outlined in this bill. Costs are
dependent on the frequency, depth, and number of participants
requiring access to EDD training services and materials.
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Potential ongoing state-reimbursable local costs in the
hundreds of thousands to low millions of dollars (General
Fund) to the extent county eligibility workers are required to
provide information to all applicants and recipients of
CalWORKs, Kin-GAP and Foster Care.
Potential one-time significant automation costs (General Fund)
to the extent enhancements are required for the allowance of
participation in a maternal home visiting program as countable
work participation hours.
Subject to waiver approval, increase in ongoing CalWORKs grant
costs potentially in excess of $150,000 (General Fund)
resulting from reduced sanctions to the extent the hours spent
participating in a maternal, infant, and early childhood home
visiting program are countable towards a recipient's required
monthly work participation hours. Additional administrative
costs to collect and verify program participation hours could
also be incurred.
SUPPORT : (Verified 5/23/13)
Western Center on Law & Poverty (source)
AFSME, CFL-CIO
American Association of University Women, California
Asian Law Alliance
Breastfeed LA
California Alternative Payment Program Association
California Association of Food Banks
California Black Health Network
California Catholic Conference
California WIC Association
Center for WorkLife Law, UC Hastings College of the Law
Coalition of California Welfare Rights Organizations
Commonweal Juvenile Justice Program
Labor Project for Working Families.
Lutheran Office of Public Policy, California
Sacramento Housing Alliance
UAW Local 2865
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JL:d 5/28/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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