BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 423 (Cooley) - CalWORKs: relative caregivers
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|Version: July 16, 2015 |Policy Vote: HUMAN S. 5 - 0 |
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|Urgency: No |Mandate: Yes |
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|Hearing Date: August 17, 2015 |Consultant: Jolie Onodera |
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This bill meets the criteria for referral to the Suspense File.
Bill
Summary: AB 423 would require a county welfare department (CWD)
to immediately initiate specified application, eligibility
determinations, and screenings of a foster child upon placement
in the home of a relative. This bill would also require an
infant supplement, as specified, to be paid under the CalWORKs
and the Approved Relative Caregiver Funding Option (ARC) Program
to a teen parent who is placed with his or her child in the home
of a relative caregiver, as specified. This bill would also
revise the provisions of the ARC Program, as specified.
Fiscal
Impact:
Potentially major ongoing state costs (General Fund*) to
immediately initiate applications and determine eligibility
for AFDC-FC, CalWORKs, and ARC program benefits for foster
children placed with relative caregivers.
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Ongoing potentially major increase in AFDC-FC, CalWORKs, and
ARC payments due to provision mandating eligibility for aid
from the date of placement with the relative. Every one
additional month of aid for 8,500 relative placements could
cost in the range of $2.9 million to $7.3 million (General
Fund*) depending on whether the county has opted into the ARC
Program.
Potentially significant ongoing state costs for CWDs to
provide an explanation in-person or by telephone of the
eligibility requirements and benefit amounts of the programs
to relative caregivers. Assuming 30 minutes of social worker
time for 8,500 relative placements would cost about $325,000
(General Fund*).
Potentially significant ongoing state costs of about $250,000
(General Fund*) for CWDs to screen for SSI eligibility,
assuming 30 minutes of social worker time. As existing law
requires counties to screen for SSI for foster youth between
the age of 16 and 17 years, no additional costs are assumed
for this age group.
Potentially significant ongoing state costs of about $250,000
(General Fund*) to provide the infant supplement of $411 per
month to an estimated 50 cases statewide.
*Pursuant to Proposition 30 (November 2012) any legislation
enacted after September 30, 2012, that has an overall effect of
increasing the costs already borne by a local agency for
programs or levels of service mandated by realignment (including
child welfare services and foster care) only apply to local
agencies to the extent that the state provides annual funding
for the cost increase.
Background: Existing law requires each county to provide cash assistance
and other social services through the California Work
Opportunity and Responsibility to Kids (CalWORKs) program using
federal Temporary Assistance for Needy Families (TANF) block
grant funds, state, and county funds. Existing law specifies the
amounts of cash aid and supplemental amounts to be paid each
month to CalWORKs recipients.
Existing law establishes the Aid to Families with Dependent
Children-Foster Care (AFDC-FC) program under which counties
provide payments to foster care providers on behalf of qualified
children. Under existing law, a child is eligible for AFDC-FC if
he or she is placed in the approved home of a relative and is
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otherwise eligible for federal financial participation in the
AFDC-FC payment, as specified. Under existing law, if a county
welfare department places a child who is in temporary custody or
subject to the jurisdiction of the juvenile court with a
relative or NREFM, the county is required to evaluate and
approve or deny the home for purposes of AFDC-FC eligibility.
Existing law enacted by SB 855 (Committee on Budget and Fiscal
Review) Chapter 29/2014, the Human Services budget trailer bill,
among other provisions, established the ARC Program, and
appropriates no less than $30 million annually from the General
Fund for this program. This program requires counties that opt
to participate in the program to pay an approved relative
caregiver a per child per month rate in return for the care and
supervision of an AFDC-FC ineligible child placed with the
relative caregiver that is equal to the basic rate paid to
foster care providers for an AFDC-FC child.
Proposed Law:
This bill would require a CWD to immediately initiate specified
application, eligibility determinations, and screenings of a
foster child upon placement in the home of a relative caregiver,
as follows:
Requires a county to immediately initiate the
application for CalWORKs utilizing the shortened CalWORKs
application and simplified eligibility standards that
pertain to determining a foster child's eligibility.
Specifies that the beginning date of aid shall be the date
the child was placed with the relative.
Requires that concurrently with initiating the CalWORKs
application, the CWD to evaluate and approve or deny
AFDC-FC eligibility.
If found ineligible for AFDC-FC, requires the CWD to
initiate the application for and determine eligibility for
ARC, if applicable. Specifies that if an application was
submitted for CalWORKs eligibility containing all necessary
information to determine eligibility for ARC, no new
application is required.
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Specifies the beginning date of aid for the ARC Program,
as specified.
If found ineligible for AFDC-FC, requires the CWD to
explain the specific basis for this determination and shall
screen the child for eligibility for SSI/SSP.
Requires county social workers or eligibility workers to
explain, in person or by telephone, the eligibility
requirements and benefit amounts for the AFDC-FC, CalWORKs,
and ARC programs, as well as any actions the relative could
take to affect the child's eligibility for those programs.
Requires all youth in foster care who have been
determined federally ineligible to be screened by the CWD
for potential eligibility for SSI/SSP, as specified.
Requires an infant supplement, as specified, to be paid
under the CalWORKs and ARC programs to a teen parent who is
placed with his or her child in the home of a relative
caregiver, as specified.
Includes codified legislative intent language stating,
"The Legislature recognizes the importance of approved
relative caregivers to the state's child welfare system.
Relative placements are the most utilized type of foster
placement in California. In establishing the Approved
Relative Caregiver Funding Option Program pursuant to this
section, the Legislature intends to ensure that children
placed with relatives are able to access state funding in
an equal amount and in a similar manner to children in
other types of foster placements."
Requires receipt of funding through the ARC Program to
begin immediately upon a finding that a child is ineligible
for AFDC-FC and approval of the home, as specified.
Requires the county to complete the application, to the
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extent an application or other information is required.
Prior
Legislation: AB 1882 (Cooley) 2014 was similar to this measure
and would have required a CWD to immediately initiate specified
application, eligibility determinations, and screenings of a
foster child upon placement in the home of a relative or
nonrelative extended family member. This bill would have also
required an infant supplement, as specified, to be paid under
the CalWORKs and the ARC Program to a teen parent who is placed
with his or her child in the home of a relative caregiver, as
specified. This bill was held on the Suspense File of this
Committee.
SB 855 (Committee on Budget and Fiscal Review) Chapter 29/2014,
the Human Services budget trailer bill, among other provisions,
established the ARC Program, and appropriates no less than $30
million annually from the General Fund for this program. This
program requires counties that opt to participate in the program
to, effective January 1, 2015, pay an approved relative
caregiver a per child per month rate in return for the care and
supervision of an AFDC-FC ineligible child placed with the
relative caregiver that is equal to the basic rate paid to
foster care providers for an AFDC-FC child.
Staff
Comments: By requiring county welfare departments to
immediately initiate specified application, eligibility
determinations, and screenings of a foster child upon placement
in the home of a relative caregiver, this bill imposes a
state-mandated local program due to the higher level of service
mandated on CWDs, potentially requiring a subvention of funds
from the state. Although CWDs do initiate and determine
eligibility for programs, existing law does not specify
immediate initiation of applications and determinations of
eligibility for CalWORKs concurrently with AFDC-FC, or require
an explanation of the specific basis for the determination
followed by a screening for SSI of these cases.
This bill requires CWDs to screen youth for SSI eligibility upon
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determination of ineligibility for AFDC-FC. Assuming 30 minutes
of social worker time per screening, ongoing state costs of
about $250,000 (General Fund*) are estimated. As existing law
requires counties to screen for SSI for foster youth between the
ages of 16 and 17 years, the costs noted above do not include
inclusion of this age group.
Additionally, requiring CWDs to provide an explanation in-person
or by telephone of the eligibility requirements and benefit
amounts of the AFDC-FC, CalWORKs, and ARC programs to relative
caregivers will result in additional workload to CWDs. Assuming
30 minutes per explanation for 8,500 relative placements would
cost about $325,000 (General Fund*) annually. To the extent
additional time is required for eligibility workers to provide
further information to caregivers would result in additional
ongoing costs.
By mandating eligibility for aid from the date of placement with
the relative, this bill could result in the receipt of aid
earlier and for additional months for about 8,500 relative
placements. For every one additional month of aid provided,
ongoing costs could range from $2.9 million to $7.3 million,
depending on the program (CalWORKs vs. AFDC-FC or ARC).
This bill also requires the provision of the infant supplement
to be paid in the CalWORKs and ARC programs to a teen parent who
is placed with his or her child in the home of a relative
caregiver, as specified. This provision is estimated to result
in annual costs of about $250,000 (General Fund*) to provide the
infant supplement of $411 per month to an estimated 50 cases
statewide.
Prior to FY 2011-12, the state and counties contributed to the
non-federal share of child welfare services expenditures. AB 118
(Committee on Budget) Chapter 40/2011 and ABX1 16 Chapter
13/2011 realigned state funding to the counties through the 2011
Local Revenue Fund (LRF) for various programs, including child
welfare services and foster care. As a result, beginning in FY
2011-12 and for each fiscal year thereafter, non-federal funding
and expenditures for foster care and child welfare services
activities are funded through the LRF.
Proposition 30 was passed by the voters in November 2012, and
among other provisions, eliminated any potential mandate funding
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liability for any new program or higher level of service
mandated on the counties related to realigned programs,
including child welfare services and foster care. Rather,
legislation enacted after September 30, 2012, that has an
overall effect of increasing the costs already borne by a local
agency for programs or levels of service mandated by realignment
only apply to local agencies to the extent that the state
provides annual funding for the cost increase. Local agencies
are not obligated to provide programs or levels of service
required by legislation above the level for which funding has
been provided.
To the extent it is determined that the provisions of this bill
impose a higher level of service on local agencies or result in
an increase in overall costs already borne by counties for the
provision of child welfare services and foster care, the state
could potentially elect to, but not be required to, provide
funding for the cost increase.
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