BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 252| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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 CONTINUED SB 252 Page 2 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 CONTINUED SB 252 Page 3 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 CONTINUED SB 252 Page 4 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 CONTINUED SB 252 Page 5 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 CONTINUED SB 252 Page 6 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. CONTINUED SB 252 Page 7 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, CONTINUED SB 252 Page 8 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 **** END **** CONTINUED