BILL ANALYSIS Ó AB 702 Page 1 ASSEMBLY THIRD READING AB 702 (Maienschein) As Introduced February 25, 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 702 Page 2 | | | | | ------------------------------------------------------------------ SUMMARY: Deletes the requirement that the 16 days of temporary shelter assistance provided to homeless families through the California Work Opportunity and Responsibility to Kids (CalWORKs) program be used consecutively. Specifically, this bill: 1)Allows an eligible CalWORKs recipient to receive temporary shelter assistance for 16 days, which can be used at any time while the recipient is receiving CalWORKs aid and is homeless. 2)Deletes the requirement that a break in the consecutive use of the temporary shelter assistance benefit constitute a permanent exhaustion of the temporary benefit. 3)Replaces the maximum of two periods of 16 consecutive calendar days of temporary shelter assistance for victims of domestic violence, as specified, with a lifetime maximum of 32 calendar days of temporary assistance. 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 State Code 601 et seq. and Welfare and Institutions Code (WIC) Section 11200 et seq.) AB 702 Page 3 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 Sections 11450 and 11150 et seq.) 3)Provides temporary shelter assistance to homeless families receiving CalWORKs for one period of 16 consecutive days, except as specified, and counts a break in the consecutive use of the assistance as permanent exhaustion of the benefit. (WIC Section 11450(f)(2)) FISCAL EFFECT: According to the Assembly Appropriations Committee: 1)Potentially significant ongoing costs, in the range of $2 million (General Fund (GF)), for increased housing benefits. 2)Unknown, likely minor costs to the Department of Social Services for automation modifications required to track this information. 3)Ongoing, likely minor, state-reimbursable local costs (GF) for county agencies to re-evaluate eligibility for temporary housing assistance payments. 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 Temporary Assistance for Needy Families (TANF) block grant. The average 2015-16 monthly cash grant for a family of three on CalWORKs (one parent and two AB 702 Page 4 children) is $506.55, and the maximum monthly grant amount for a family of three, if the family has no other income 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 12 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. Homelessness in California: Point in time data from the Annual Homeless Assessment Report (AHAR) produced by the United States Department of Housing and Urban Development (HUD) reveals that on a single night in January 2014, there were 578,424 homeless people counted in the United States, 216,261 of which were people who were part of homeless families. That same report reveals that 113,952 (nearly 20%) of those homeless people were counted in California, 71,437 of which were unsheltered. It is important to note that this number is for a single night and is neither exhaustive of the number of Californians experiencing homelessness on a daily basis nor the number of Californians who experience homelessness each year. Homelessness has particularly damaging effects on children. According to the National Center on Family Homelessness, nearly 2.5 million children in the United States will experience homelessness over the course of a year. The AHAR revealed that on that same night in January 2014, 135,701 homeless individuals were AB 702 Page 5 children under age 18. The effects of homelessness on children span from hunger and related physical, cognitive and developmental issues to lowered academic achievement and increases in stress, depression, emotional instability and overall poor mental health. CalWORKs homeless assistance: For purposes of identifying families eligible for CalWORKs homeless assistance, a family is considered homeless if the family lacks a fixed and regular nighttime residence, if the family's primary nighttime residence is a shelter, or if the family is residing in a public or private place that is not an appropriate sleeping place for human beings. Additionally, a family can be considered homeless for CalWORKs purposes if the family has received an eviction notice and the cause of eviction is the result of a verified financial hardship. Temporary shelter assistance and permanent housing assistance are two types of housing assistance provided to homeless families under the CalWORKs program. Whereas permanent housing assistance can be provided to help secure or maintain permanent housing and help prevent eviction for a family, temporary shelter assistance is provided to homeless families for up to 16 consecutive days. Temporary shelter assistance for a family of up to four people is $65 per day, and $15 is provided for each additional family member. The maximum amount of temporary shelter assistance any family can receive is $125 per day, and the assistance can only be used to pay for housing provided in a commercial establishment, a shelter, or an established rental property. Additionally, CalWORKs recipients must provide proof to the county that they are searching for permanent housing while they are receiving this benefit and proof that the shelter assistance was used to pay for allowable housing. Any break in the use of the assistance, including one night spent with a friend or relative, automatically terminates a family's ability to receive shelter assistance for any days remaining within the 16 consecutive day limit. The 16 consecutive day limit is a lifetime limit for temporary AB 702 Page 6 shelter assistance, provided that a family doesn't meet criteria for an exception. A family may receive temporary shelter assistance more than once in a lifetime if the family's homelessness is the direct result of domestic violence, a medically verified physical or mental illness, excluding diagnoses that include substance abuse, or a fire or other natural catastrophe beyond the family's control. Still, a family cannot receive the 16 consecutive days of homeless assistance more than once in a 12-month period, and families can only receive shelter assistance for domestic violence twice in a lifetime. Housing Support Program: Established through the Budget Act of 2014, the CalWORKs Housing Support Program (HSP) is an evidence-based program that allows counties to provide housing and related supports to CalWORKs families that are experiencing homelessness or housing instability that is a barrier to self-sufficiency or child well-being. The HSP was established as a means of expanding the minimal housing assistance that was previously available to homeless families in the CalWORKs program with the understanding that safe, affordable and stable housing is a key element in facilitating family stability and self-sufficiency. Forty-two counties expressed an interest in implementing or expanding an existing housing support program, requesting over $52 million in funding. However, only 20 counties were awarded funds from the $20 million dollar budget amount available for the HSP to be spent by June 30, 2015. Budget conversations are ongoing with respect to whether the state will augment and continue the HSP. Need for this bill: Despite the positive outcomes reported for families served through the Housing Support Program in 20 counties, 38 counties have had to continue to work within the constraints of the temporary shelter assistance and permanent housing assistance programs. Without additional resources to house and provide wraparound supports to homeless CalWORKs families, and with no indication yet as to whether those counties will be able to access HSP funding in the future, restructuring of AB 702 Page 7 the temporary shelter assistance program will remain essential for many families in need. In January 2015, counties throughout California received 2,918 requests for temporary shelter assistance, 259 of which accompanied requests for permanent housing assistance. Of the 3,402 total requests received in January for temporary and/or permanent shelter assistance, 614 were received from new shelter assistance applicants. Six counties received over 80 requests for temporary shelter assistance in January, including 245 in San Bernardino County, 82 in Alameda, and 160 in Sacramento. According to the author, "Because the temporary housing assistance is only available for 16 consecutive days, a break in assistance inadvertently punishes families who, for one reason or another, have to vacate their temporary lodgings for even one day. Out-of-area travel for job opportunities, childcare obligations or medical related travel can interrupt a 16-day consecutive hotel stay. Sometimes the interruptions in the 16-day consecutive stay come when a family vacates a hotel or motel because it is unsuited for children or they have a temporary offer to stay with a family or friend. Whether or not the family has a choice to stop aid before the 16th day, the rule itself establishes a disincentive to find alternative arrangements, seek prospective opportunities for employment or to tend to pressing health or family obligations during this time period. This bill increases options for our state's poorest families with children while improving program administration. The purpose of the CalWORKs temporary housing assistance is to enable homeless families with children to stay off of the street and more quickly secure permanent housing. This bill strengthens the ability of the program to achieve that goal." Analysis Prepared by: Myesha Jackson / HUM. S. / (916) 319-2089 FN: 0000631 AB 702 Page 8