BILL ANALYSIS Ó AB 371 Page 1 ASSEMBLY THIRD READING AB 371 (Mullin) As Introduced February 17, 2015 Majority vote ------------------------------------------------------------------- |Committee |Votes |Ayes |Noes | | | | | | | | | | | |----------------+------+--------------------+----------------------| |Human Services |7-0 |Chu, Mayes, | | | | |Calderon, Lopez, | | | | |Maienschein, | | | | | | | | | | | | | | |Mark Stone, | | | | |Thurmond | | | | | | | |----------------+------+--------------------+----------------------| |Appropriations |17-0 |Gomez, Bigelow, | | | | |Bonta, Calderon, | | | | |Chang, Daly, | | | | |Eggman, Gallagher, | | | | | | | | | | | | | | |Eduardo Garcia, | | | | |Gordon, Holden, | | | | |Jones, Quirk, | | | | |Rendon, Wagner, | | | | |Weber, Wood | | | | | | | AB 371 Page 2 | | | | | ------------------------------------------------------------------- SUMMARY: Streamlines California Work Opportunity and Responsibility to Kids (CalWORKs) eligibility standards for two-parent families. Specifically, this bill: 1)Deletes the deprivation standard used to determine CalWORKs eligibility for needy two-parent families by deleting the following eligibility requirements for CalWORKs benefits: a) That either parent be unemployed; b) That a child be considered deprived of parental support due to the unemployment of his or her parent or parents; and c) That a parent work less than 100 hours per month. 2)Removes consideration of the state deprivation standard for determining a minor dependent or nonminor dependent's eligibility for Aid to Families with Dependent Children-Foster Care funds, and instead ties eligibility to standards in federal regulations, as specified. 3)Defines parent as a natural or adoptive parent with whom an eligible child is living. 4)Deletes the eligibility requirement that a child must be deprived of parental support or care due to the death, physical or mental incapacity or incarceration of a parent, the unemployment of one or both parents or the continued absence of a parent from the home due to divorce, separation, desertion, or any other reason, as specified. 5)Requires that CalWORKs aid, services, or both be granted, subject to the regulations of the Department of Social Services, to families with related children under 18 years of age, with exemptions already stated in statute, if the family meets the AB 371 Page 3 eligibility requirements specified in this chapter, which include income and work requirements. 6)Requires a parent to be excluded from the assistance unit if he or she is absent from the home due to divorce, separation, desertion, or any other reason, if his or her absence interrupts or terminates the parent's functioning as a provider of maintenance, physical care, or guidance for the child, and the known or indefinite duration of the absence precludes counting on the parent's performance of the function of planning for the present support or care of the child. Provides that, if these conditions exist, the parent may be absent for any reason, and may have left only recently or some time previously. EXISTING LAW: 1)Establishes under federal law the Temporary Assistance for Needy Families (TANF) program to provide aid and welfare-to-work services to eligible families and, in California, provides that TANF funds for welfare-to-work services are administered through the CalWORKs program. (42 United States Code 601 et seq., Welfare and Institutions Code (WIC) Section 11200 et seq.) 2)Establishes income, asset and real property limits used to determine eligibility for the program, including net income below the Maximum Aid Payment (MAP), based on family size and county of residence, which is around 40% of the Federal Poverty Level. (WIC Section 11450 and 11150 et seq.) 3)Provides that a child whose parent is applying for CalWORKs assistance shall be considered deprived of parental support or care due to the unemployment of his or her parent when the parent has worked less than 100 hours in the preceding four weeks, as specified. (WIC Section 11201) AB 371 Page 4 4)Grants CalWORKs aid, services, or both to families with related children under 18 years of age, except as specified, if they are deemed needy and deprived of parental support or care due to the death, physical or mental incapacity or incarceration of a parent; the unemployment of a parent or parents; or the continued absence of a parent from the home due to divorce, separation, desertion, or any other reason, except occasional absence due solely to the parent's active duty with the United States armed services. (WIC Section 11250) 5)Establishes a 48-month lifetime limit of CalWORKs benefits for eligible adults, including 24 months during which a recipient must meet federal work requirements in order to retain eligibility. (WIC Sections 11454 and 11322.85) FISCAL EFFECT: According to the Assembly Appropriations committee, ongoing increase in CalWORKs grant, services, and administrative costs in the range of $1million to $2 million (General Fund) to the extent this bill results in additional eligible cases and fewer cases discontinued from the CalWORKs program. This will be partially offset to the extent the newly eligible cases will no longer receive a CalFresh stipend available only to non-assistance households. COMMENTS: CalWORKs: The CalWORKs program provides monthly income assistance and employment-related services aimed at moving children out of poverty and helping families meet basic needs. Federal funding for CalWORKs comes from the TANF block grant. The average 2015 to 2016 monthly cash grant for a family of three on CalWORKs (one parent and two children) is $506.55, and the maximum monthly grant amount for a family of three, if the family has no other income AB 371 Page 5 and lives in a high-cost county, is $704. According to recent data from the California Department of Social Services, over 540,000 families rely on CalWORKs, including over one million children. Nearly 80% of the children are under age twelve and almost 40% are under age five. Maximum grant amounts in high-cost counties of $704 per month for a family of three with no other income means $23.46 per day, per family, or $7.82 per family member, per day to meet basic needs, including rent, clothing, utility bills, food, and anything else a family needs to ensure children can be cared for at home and safely remain with their families. This grant amount puts the annual household income at $8,448 per year, or 42% of poverty. Federal Poverty Guidelines for 2015 show that 100% of poverty for a family of three is $20,090 per year. Welfare-to-Work requirements: Welfare-to-work activities within the CalWORKs program include public or private sector subsidized or unsubsidized employment; on-the-job training; community service; secondary school, adult basic education and vocational education and training when the education is needed for the recipient to become employed; specific mental health, substance abuse, or domestic violence services if they are necessary to obtain or retain employment; and a number of other activities necessary to assist a recipient in obtaining unsubsidized employment. Unless they are exempt, single parent adults must participate for at least 30 hours per week in welfare-to-work activities, whereas the minimum participation requirement for two-parent families is 35 hours per week. After receiving aid for up to a maximum of 24 months, adults without an exemption must work in unsubsidized employment or participate in community services activities for the minimum number of hours listed above. If a CalWORKs recipient who is not exempt from participation does not meet his or her welfare-to-work requirements, the recipient is sanctioned for AB 371 Page 6 noncompliance, and that recipient's portion of the family's grant subtracted from the amount provided to the family to meet basic needs. Need for this bill: The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), which was the final piece of federal welfare reform legislation, repealed the Aid to Families with Dependent Children (AFDC) program and created the block-granted TANF program. The new approach emphasized integrating parents into the workforce, and one of the resulting four core purposes of the federal TANF program is to encourage the formation and maintenance of two-parent families. However, current state law prevents a poor two-parent family from receiving aid if the primary wage earner has worked more than 100 hours in a month. This policy mirrors AFDC provisions included in the Code of Federal Regulations, which haven't been updated since before PRWORA was implemented, making California one of only eight states that still implements this standard. While the 100-hour policy is based on the assumption that an average of 25 hours of work per week can generate enough income for a parent to provide for his or her family and set the family's income above the eligibility threshold for CalWORKs, this is often not the case. In direct conflict with the TANF goal of two-parent family maintenance, this policy encourages parents to split, as the same family would be eligible for aid if the primary wage earner left the home. This bill repeals the 100-hour standard while maintaining all resource and income eligibility requirements, all of which reveal a CalWORKs applicant family's need for assistance. According to the author, "The CalWORKs Family Unity Act of 2015 is a modest effort to strengthen the safety net for low-income working families of California, who today endure the highest poverty rate in the Nation. By improving economic opportunities for low-income two-parent homes, we will also strengthen family AB 371 Page 7 unit. " Analysis Prepared by: Myesha Jackson / HUM. S. / (916) 319-2089 FN: 0000602