BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                 UNFINISHED BUSINESS


          Bill No:  SB 252
          Author:   Liu (D)
          Amended:  8/5/13
          Vote:     21

           
           SENATE HUMAN SERVICES COMMITTEE  :  6-0, 4/9/13
          AYES:  Yee, Berryhill, Emmerson, Evans, Liu, Wright

           SENATE APPROPRIATIONS COMMITTEE  :  5-1, 5/23/13
          AYES:  De León, Gaines, Hill, Padilla, Steinberg
          NOES:  Walters
          NO VOTE RECORDED:  Lara

           SENATE FLOOR  :  34-4, 5/29/13
          AYES:  Beall, Berryhill, Block, Calderon, Cannella, Corbett,  
            Correa, De León, DeSaulnier, Emmerson, Evans, Gaines,  
            Galgiani, Hancock, Hernandez, Hill, Hueso, Jackson, Knight,  
            Lara, Leno, Lieu, Liu, Monning, Nielsen, Padilla, Pavley,  
            Price, Roth, Steinberg, Torres, Wolk, Wright, Yee
          NOES:  Anderson, Huff, Walters, Wyland
          NO VOTE RECORDED:  Fuller, Vacancy

           ASSEMBLY FLOOR  :  53-24, 8/26/13 - See last page for vote


           SUBJECT  :    CalWORKs:  welfare-to-work requirements

           SOURCE  :     Western Center on Law and Poverty


           DIGEST  :    This bill specifies that a pregnant woman who is  
          unable to obtain medical verification but is otherwise eligible  
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          for the good cause exemption is exempt from participation in  
          welfare-to-work activities.  This bill authorizes a pregnant  
          woman to satisfy welfare-to-work participation requirements by  
          participating in a voluntary maternal, infant, and early  
          childhood home visiting program, as specified.  This bill states  
          that, pursuant to existing law, an applicant or recipient of  
          California Work Opportunity and Responsibility (CalWORKs)  
          benefits is entitled to breastfeed her child in any public area,  
          or area where the mother and the child are authorized to be  
          present, in a county welfare department or other county office.   
          This bill makes several legislative findings and declarations  
          related to the benefits of breastfeeding.

           Assembly Amendments  state that pursuant to existing law, an  
          applicant or recipient of CalWORKs is entitled to breastfeed her  
          child in any public area, or area where the mother and the child  
          are authorized to be present; and make a number of findings and  
          declarations related to the benefits of breastfeeding.

           ANALYSIS  :    

          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 the  

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             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. Requires, that unless otherwise exempt, an applicant or  
             recipient to 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. Requires a recipient to 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. Makes a number of findings and declarations related to  

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             breastfeeding, including the benefits of breastfeeding for  
             women include a lowered risk of breast and ovarian cancer, as  
             well as a reduced risk of developing type 2 diabetes and  
             maternal cardiovascular disease.  For infants, the benefits  
             of breastfeeding include reduced risk of ear infections,  
             diarrhea, and respiratory illnesses, as well as reduced  
             incidence and severity of allergies, asthma, and obesity,  
             among many other health benefits.

          2. Clarifies that pursuant to Section 43.3 of the Civil Code, an  
             applicant or recipient of aid under this bill is entitled to  
             breastfeed her child in any public area, or area where the  
             mother and the child are authorized to be present, in a  
             county welfare department or other county office.

          3. 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. 

          4. 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 U.S. Department of  
             Health and Social Services (HSS). 

          5. 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.

          6. Implements these provisions upon receipt of a waiver of  
             compliance with the United States Code by HSS, as specified,  
             for purposes of establishing more effective ways to meet the  
             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  

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          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  
          prevents or significantly impairs a recipient's ability to work  
          regularly or go to welfare to work activities.

          According to the Department of Social Security (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  

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          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 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. 


           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.



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           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  8/27/13)

          Western Center on Law & Poverty (source)
          Academic Student Workers at University of California, Local 2865
          AFSCME
          American Association of University Women
          Asian Law Alliance
          Breastfeed LA
          California Alternative Payment Program Association
          California Association of Food Banks
          California Catholic Conference, Inc
          California WIC Association
          Center for WorkLife Law at UC Hastings College of the Law
          Coalition of CA Welfare Rights Organization
          Commonweal Juvenile Justice Program
          First 5 LA
          First 5 Marin Children and Families Commission
          Labor Project for Working Families
          National Association of Social Workers, California Chapter
          Sac Housing Alliance
          Zero to Three



           ASSEMBLY FLOOR  :  53-24, 8/26/13
          AYES:  Alejo, Ammiano, Atkins, Bloom, Bocanegra, Bonilla, Bonta,  
            Bradford, Brown, Buchanan, Ian Calderon, Campos, Chau,  
            Chesbro, Cooley, Daly, Dickinson, Eggman, Fong, Frazier,  
            Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell, Gray, Hall,  
            Roger Hernández, Holden, Jones-Sawyer, Levine, Lowenthal,  

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            Medina, Mitchell, Mullin, Muratsuchi, Nazarian, Pan, Perea, V.  
            Manuel Pérez, Quirk, Quirk-Silva, Rendon, Salas, Skinner,  
            Stone, Ting, Weber, Wieckowski, Williams, Yamada, John A.  
            Pérez
          NOES:  Achadjian, Allen, Bigelow, Chávez, Conway, Dahle,  
            Donnelly, Beth Gaines, Grove, Hagman, Harkey, Jones, Linder,  
            Logue, Maienschein, Mansoor, Melendez, Morrell, Nestande,  
            Olsen, Patterson, Wagner, Waldron, Wilk
          NO VOTE RECORDED:  Fox, Vacancy, Vacancy


          JL:d  8/28/13   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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