BILL ANALYSIS �
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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 Le�n, 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 Le�n, 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 Hern�ndez, Holden, Jones-Sawyer, Levine, Lowenthal,
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Medina, Mitchell, Mullin, Muratsuchi, Nazarian, Pan, Perea, V.
Manuel P�rez, Quirk, Quirk-Silva, Rendon, Salas, Skinner,
Stone, Ting, Weber, Wieckowski, Williams, Yamada, John A.
P�rez
NOES: Achadjian, Allen, Bigelow, Ch�vez, 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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