BILL ANALYSIS Ó
SENATE COMMITTEE ON SENATE BUDGET AND FISCAL REVIEW
Senator Mark Leno, Chair
2015 - 2016 Regular
Bill No: AB 1603 Hearing Date: June 15,
2016
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|Author: |Committee on Budget |
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|Version: |June 13, 2016 As amended |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant|Theresa Pena |
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Subject: Public social services omnibus
Summary: Provides for statutory changes necessary to enact human
services-related provisions of the Budget Act of 2016.
Background: As part of the 2016-17 budget package, Assembly Bill
1603 makes statutory changes to implement the budget act.
Proposed Law: AB 1603 makes the following statutory changes to
implement the 2016-17 budget.
CalWORKs. This bill includes provisions pertaining to the
CalWORKs program, including:
Maximum Family Grant Repeal and Maximum Aid Payment Increase.
Currently, a child born into a family receiving CalWORKs does
not receive a benefit. This policy is called the "Maximum Family
Grant" or "MFG" rule. This bill repeals the MFG rule by using
funds from the "Child Poverty Subaccount" and the General Fund.
The subaccount was created in 2013 along with changes to the
1991 realignment law and grows naturally each year, and is
intended to automatically increase CalWORKs grants. Over the
next several years, the subaccount is expected to continue to
grow, so it will be used as a source to fund the repeal of the
MFG and the cost of an additional grant increase in CalWORKs
over a multi-year period, diminishing General Fund support until
the costs are fully covered by the subaccount.
Specifically, the language:
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Increases the maximum aid payments starting July 1, 2016
by 1.43 percent.
Allocates moneys deposited into the subaccount for costs
associated with the repeal of the MFG
Specifies that if there are not enough funds in the
subaccount, the remaining cost for that fiscal year will be
covered by General Fund.
Bringing Families Home: This bill establishes the Bringing
Families Home Program, subject to an appropriation in the annual
Budget Act. This program requires the Department of Social
Services to award program funds to counties for the purpose of
providing housing-related supports to eligible families
experiencing homelessness.
Specifically, the language:
Defines eligible family to mean any individual or family
that receives child welfare services, is homeless,
voluntarily agrees to participate in the program, and has
either been determined appropriate for reunification of a
child to a biological parent or guardian or a child or
children in the family are, or are at risk of foster care
placement, and it is determined that safe and stable
housing for the family will prevent the need for the
child's or children's removal.
Declares the intent of the Legislature that
housing-related assistance utilize evidence-based models,
including rapid rehousing and supportive housing.
Specifies that housing-related supports include an
assessment of each family's housing needs, and a plan to
assist them in meeting those needs, housing navigation or
search assistance, housing-related financial assistance,
and housing stabilization services.
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Specifies that the department shall award program funds
to counties according to criteria developed by the
department, in consultation with the County Welfare
Directors Association, the Corporation for Supportive
Housing, and Housing California.
Counties that receive state funds under this program
will match that funding on a dollar-by-dollar basis.
Homeless Assistance Program (HAP): Currently, the HAP provides a
once-in-a-lifetime payment to CalWORKs recipients to meet the
reasonable costs of obtaining permanent housing, and/or
temporary shelter while seeking permanent housing. This bill
would repeal the once-in-a-lifetime ban and instead allow a
family to receive HAP assistance once in a 12 month period.
Expanded Subsidized Employment. There are currently two CalWORKs
subsidized employment programs: the AB 98 program which was
established in 2012; and, the Expanded Subsidized Employment
program which was enacted in 2013. This bill streamlines the
two CalWORKs subsidized employment programs to reduce the
administrative burden and to help maximize utilization of the
programs.
Temporary Assistance Program (TAP). AB 1808 (Committee on Budget
and Fiscal Review), Chapter 75, Statutes of 2006 required DSS to
establish a voluntary TAP with state-only funds providing cash
aid and other benefits to certain current and future CalWORKs
recipients who are exempt from state work participation
requirements. The TAP program was intended to increase the
federal Temporary Assistance for Needy Families (TANF) work
participation rate (WPR). Implementation was suspended due to
obstacles associated with the federal child support distribution
rules, and concerns that these issues would result in a
potential negative effect on TAP recipients. Implementation of
the TAP has been repeatedly postponed; the current
implementation date is October 1, 2016, as established in SB 855
(Committee on Budget and Fiscal Review) Chapter 29, Committee on
Budget, Statutes of 2014. Additionally, DSS has adopted an
alternate move-out strategy for removing safety net and
long-term sanctioned cases from being included in the
determination of the state's TANF WPR calculation. This bill
adds language to render the TAP inoperative beginning June 30,
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2016.
Workforce Innovation and Opportunity Act (WIOA) Career Pathways.
This bill clarifies that a recipient of the CalWORKs program who
is making satisfactory progress in a career pathway program
established in accordance with the WIOA is in compliance with
the hourly participation requirements of the CalWORKs program
under specified conditions. An approved WIOA career pathway
results in industry-recognized credentials or degrees in
occupations recognized as high demand by workforce development
boards.
County Sharing Ratio Alignment. This bill amends and repeals
sections of current law to align the county sharing ratio for
specified populations with current practice.
CalFresh. This bill includes provisions pertaining to the
CalFresh program, including:
Cooperative Agreements. In order to align the Nutrition
Education and Obesity Prevention Grant Program with federal
oversight agency expectations, the bill specifies the program as
a "cooperative agreement", defined in current law, between the
Department of Social Services, a local government, a state
government, or a nonprofit organization that conducts CalFresh
or Supplemental Nutrition Assistance Program outreach.
Maximum Recertification Periods: This bill requires that all
CalFresh households be assigned certification periods that are
the maximum number of months allowable under federal law.
Child Welfare Services. This bill includes provisions pertaining
to Child Welfare Services, including:
Approved Relative Caregiver (ARC) Program: Effective January 1,
2015, counties, who opt-in to the ARC Program, must pay an
approved relative caregiver a per child, per month rate, in
return for the care and supervision of a federally-ineligible
Aid to Families with Dependent Children-Foster Care (AFDC-FC)
child placed with the relative caregiver, equal to the base rate
paid to foster care providers for a federally-eligible AFDC-FC
child. This bill makes several changes to the program.
Specifically, the language:
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Clarifies that children participating in the ARC Program
should receive a $50 child support disregard.
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Clarifies that a relative who has been approved under
the resource family approval process and who is federally
ineligible for AFDC-FC is authorized to receive a CalWORKs
grant and a supplement amount equal to the resource family
basic amount paid to children who are federally eligible
for AFDC-FC.
Allows non-federally eligible foster youth placed with
relative caregivers under the jurisdiction of the tribal
court receive a foster care basic rate amount equal to
payments made to federally-eligible relative caregivers in
tribes that possess a Title IV-E Agreement with the state.
Infant Supplement: When a teen parent foster child is placed
with his or her non-dependent infant or child in a foster home,
the Infant Supplement Payment rate is equal to the basic rate
for the placement type and the age of the teen parent's infant
or child. This bill increases the supplement by an additional
monthly amount of $489.
Uncodified CCR rates. This bill includes language that will have
the Department of Social Services and the Department of Health
Care Services update the budget committees on the implementation
of the Continuum of Care Reform, including updates on:
Specialty mental health services provided to foster
children in short-term residential treatment centers, by
foster family agencies, and by resource families.
The roles to be performed by county mental health plans,
Medi-Cal managed care plans, and the fee-for-service system
to coordinate mental health services.
Fiscal information related to mental health services.
The bill also requires the Department of Social Services to
convene stakeholders and legislative staff no later than July 1,
2016 to discuss the proposed foster care rates and rate
structure. The department will report to the budget committees
no later than August 10, 2016 on the results of these
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discussions. If proposed rates change, the department must
provide updated projected costs no later than January 10, 2017.
Child Welfare Digital Services Oversight. This bill includes
provisions pertaining to the Child Welfare Digital Services
information technology project that codifies the new Agile
approach to Child Welfare automation by requiring the following:
The Department of Social Services, Office of Systems
Integration and County Welfare Directors Association to
jointly seek resources to enable the necessary level of
engagement by counties in the Agile development and
maintenance process.
Counties have a voting seat on all governance bodies.
Existing CWS/CMS operations functionality be maintained
and not decommissioned until the full statewide
implementation of the CWS-NS in all counties.
The continuation of existing monthly updates to the
Legislature and stakeholders on efforts to develop and
implement CWS-NS and regularly scheduled quarterly forums
offered to provide project updates to stakeholders and
legislative staff.
Unaccompanied Undocumented Minors (UUM). This bill clarifies the
intent of SB 873 (Committee on Budget and Fiscal Review) Chapter
685, Statutes of 2014, and AB 900 (Levine) Chapter 694, Statutes
of 2015, both relating to the UUM program, which provides legal
services funding for unaccompanied undocumented minors.
The Legislature enacted California Code of Civil Procedure
Section 155 through Senate Bill 873 to strengthen protections
for immigrant children by making it clear that all California
courts have jurisdiction to make Special Immigrant Juvenile
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Status ("SIJS") findings. Under federal law, a child or youth
under the age of 21 must present a state court order with the
SIJS findings in order to apply for SIJS immigration relief with
the federal government. The Legislature's intent in enacting SB
873 was to ensure these children have access to the courts and
SIJS findings so they can petition the federal government for
SIJS immigration relief.
AB 900 built on SB 873 to allow immigrant youth ages 18 to 20 to
obtain guardianship orders under the California Probate Code and
to then seek SIJS factual findings pursuant to Section 155 of
the California Code of Civil Procedure. With AB 900, the
Legislature ensured that immigrant youth ages 18 to 20 can
receive the same protections available to youth who are under
the age of 18.
Specifically, language in this bill clarifies:
That the SIJS findings can be made at any point in the
proceedings.
That the prerequisites for SIJS findings are the same
across superior court divisions.
That the perceived motivations of the child/juvenile in
seeking classification as a special immigrant juvenile
shall not be included or referred to in the findings under
this section.
That it is in the best interest of the child for a
superior court to issue the SIJS factual findings if
requested and supported by evidence.
Supplemental Security Income/State Supplementary Program for the
Aged, Blind, and Disabled (SSI/SSP). This bill includes
provisions pertaining to the SSI/SSP program, including:
SSI Advocacy: This bill establishes the Housing and Disability
Income Advocacy Program under the Department of Social Services,
subject to an appropriation in the annual Budget Act. This
program provides state grant funds to participating counting for
the provision of outreach, case management, and advocacy
services to assist clients who are homeless or at risk of
becoming homeless to obtain disability benefits.
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Specifically, the language:
Provides that a county receiving state funds shall match
that funding on a dollar-for-dollar basis.
Provides that a participating county shall provide, or
contract for, outreach, active case management, and
advocacy services related to the SSI/SSP program, the
federal Social Security Disability Insurance (SSDI)
program, the Cash Assistance Program for Immigrants, and
Veterans benefits provided under federal law.
Counties shall give highest priority to individuals who
are chronically homeless or rely the most heavily on state-
and county-funded services, and other populations targeted
include general assistance or general relief applicants or
recipients who are homeless or at risk of homelessness
SSP COLA: This bill increases the SSP portion of the SSI/SSP
grants by 2.76 percent beginning January 1, 2017.
In-Home Supportive Services (IHSS). This bill includes
provisions pertaining to the IHSS program, including:
IHSS Seven Percent Restoration. This bill reflects a shift in
funding for the restoration of the seven-percent
across-the-board IHSS service hours reduction. The language
specifies that the restoration will remain in effect until the
Managed Care Organization tax expires pursuant to current law.
Fiscal Effect:The funding related to the changes in this bill is
contained in the 2016-17 budget. In addition, the bill would
appropriate $30 million General Fund, effective January 1, 2017,
for the Approved Relative Caregiver Program.
Support:None on file.
Opposed: None on file.
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