BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1603|
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THIRD READING
Bill No: AB 1603
Author: Committee on Budget
Amended: 6/13/16 in Senate
Vote: 21
SENATE BUDGET AND FISCAL REVIEW COMMITTEE: 13-3, 6/15/16
AYES: Leno, Anderson, Beall, Block, Glazer, Hancock, Mitchell,
Monning, Nguyen, Pan, Pavley, Roth, Wolk
NOES: Nielsen, Moorlach, Stone
NO VOTE RECORDED: Allen
ASSEMBLY FLOOR: Not relevant
SUBJECT: Public social services omnibus
SOURCE: Author
DIGEST: This bill is the omnibus human services trailer bill.
This bill provides for statutory changes necessary to enact
human services-related provisions of the Budget Act of 2016.
ANALYSIS: This bill 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
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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:
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.
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
repeals 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.
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Temporary Assistance Program (TAP). AB 1808 (Committee on Budget
and Fiscal Review, Chapter 75, Statutes of 2006) required the
Department of Social Services (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,
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, 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
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oversight agency expectations, the bill specifies the program as
a "cooperative agreement", defined in current law, between DSS,
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:
Clarifies that children participating in the ARC Program
should receive a $50 child support disregard.
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
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to federally-eligible relative caregivers in tribes that
possess a Title IV-E Agreement with the state.
Bringing Families Home: This bill establishes the Bringing
Families Home Program, subject to an appropriation in the annual
Budget Act. This program requires DSS 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.
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
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match that funding on a dollar-by-dollar basis.
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 Continuum of Care Reform (CCR) rates. This bill
includes language that will have DSS 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.
This bill also requires DSS 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 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:
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DSS, 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 SB 873 to strengthen protections for
immigrant children by making it clear that all California courts
have jurisdiction to make Special Immigrant Juvenile 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
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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 DSS, 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: Appropriation: Yes Fiscal
Com.:YesLocal: Yes
SUPPORT: (Verified6/14/16)
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None received
OPPOSITION: (Verified6/14/16)
None received
Prepared by: Theresa Pena / B. & F.R. / (916) 651-4103
6/16/16 8:55:18
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