Amended in Assembly March 28, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 1809


Introduced by Assembly Member Lopez

begin insert

(Coauthors: Assembly Members Gipson and Mullin)

end insert
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(Coauthors: Senators Hertzberg and Mitchell)

end insert

February 8, 2016


An act to amend Section 95504 of the Government Code, and to amend Sections 11151, 11257.5, 11322.5, 11375, 11450, 11450.5, 14140, and 18923 of, and to repeal Sections 11155, 11155.1, 11155.2, 11155.6, 11157.5, 11257, and 11260 of, the Welfare and Institutions Code, relating to CalWORKs.

LEGISLATIVE COUNSEL’S DIGEST

AB 1809, as amended, Lopez. CalWORKs eligibility: asset limits.

Existing federal law provides for allocation of federal funds through the federal Temporary Assistance for Needy Families (TANF) block grant program to eligible states, with California’s version of this program being known as the California Work Opportunity and Responsibility to Kids (CalWORKs) program. Under the CalWORKs program, each county provides cash assistance and other benefits to qualified low-income families and individuals who meet specified eligibility criteria, including limitations on income and assets generally applicable to public assistance programs. Existing law continuously appropriates money from the General Fund to pay for a share of aid grant costs under the CalWORKs program.

This bill would repeal those limitations on assets with regard to eligibility for CalWORKs,begin delete thereby,end deletebegin insert therebyend insert eliminating the consideration of an individual’s or family’s assets as a condition of eligibility for CalWORKs. The bill would also make conforming changes. By increasing the duties of counties administering the CalWORKs program, the bill would impose a state-mandated local program. The bill would declare that no appropriation would be made for purposes of the bill pursuant to the provision continuously appropriating funds for the CalWORKs program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

The Legislature finds and declares all of the
2following:

3(a) In 1996, the United States Congress passed the Personal
4Responsibility and Work Opportunity Reconciliation Act
5(PRWORA), known as welfare reform, which created the
6Temporary Assistance to Needy Families (TANF) program. TANF
7gives states power to design their own programs, including
8establishing asset limits. The California Work Opportunity and
9Responsibility to Kids (CalWORKs) program is California’s
10program that implements federal welfare reform provisions.

11(b) In California, to qualify for public assistance under
12CalWORKs, impoverished families must demonstrate that they
13are both income- and asset- poor. Under current law, a low-income
14family will not qualify for assistance if the family has savings or
15other assets, excluding a home and a vehicle of a specific value,
16exceeding the asset limit of $2,000. The asset test has been
17removed for both CalFresh and Medi-Cal.

18(c) Research published in 2015 shows that very few families
19(0.1 percent) applying for or receiving CalWORKs assistance are
20found to exceed the vehicle and cash asset test.

21(d) Other states, realizing that very few families had assets over
22the limit, have removed the limit with the goal of streamlining the
P3    1eligibility process and cutting down on administrative costs. In
2Virginia, this decision has saved the state an estimated $400,000
3annually, and to date, the State of Virginia has reported no negative
4impacts. A study published in 2015 has estimated that if California
5were to repeal the CalWORKs asset limit, there would be minimal
6to no increase in caseloads and an annual $6.4 million in
7administrative savings allowing county case workers to spend less
8time reviewing the value of vehicles and savings and more time
9helping people get the resources they need to get back to work.

10(e) Asset limits were intended to ensure that public assistance
11programs provide benefits only to those with too few resources to
12support themselves. But years of research and practitioner
13experience has proven that personal savings and assets are precisely
14the kinds of resources that allow people to move off public benefits
15programs. Without being able to maintain or build up a small
16savings cushion, these families are highly vulnerable to falling
17into debt in the event of an emergency or other unexpected expense.

18(f) It is the intent of the Legislature to repeal the asset test for
19the CalWORKs program, thereby aligning program rules with
20Medi-Cal and CalFresh, making the program more efficient, and
21increasing the capacity of poor families to exit poverty.

22

SEC. 2.  

Section 95504 of the Government Code is amended
23to read:

24

95504.  

(a) The nonprofit facilitator shall subcontract with
25service providers to implement the project around the state. The
26nonprofit facilitator shall make an attempt to select service
27providers for programs of different size, geographical distribution,
28and target population to be served. Additionally, the nonprofit
29facilitator may consider giving special consideration to service
30providers that demonstrate partnerships with local public agencies.

31(b) The service providers shall perform all of the following
32duties in implementing the project:

33(1) Recruit and select participants who meet the following
34criteria:

35(A) The individual is at least 18 years of age.

36(B) The individual is a member of a household with an income
37of not more than 80 percent of the area median income based on
38United States Department of Housing and Urban Development
39guidelines at the time of program enrollment.

P4    1(C) The individual is not a dependent of another person for
2federal income tax purposes.

3(D) The individual is not a debtor for a judgment resulting from
4nonpayment of a court-ordered child support obligation.

5(E) The individual meets eligibility criteria as defined by the
6funding source for the program created under this title.

7(2) Develop and sign contracts with each participant, to include
8all program requirements and policies governing the participant’s
9account.

10(3) Assist participants in opening individual development
11accounts. The accounts shall be established using an account
12structure parallel to a restricted account as described in former
13Section 11155.2 of the Welfare and Institutions Code that meets
14both of the following requirements:

15(A) One separate account shall be established for each
16participant in a federally or state insured financial institution,
17community development financial institution, any financial
18institution eligible to hold an individual retirement account, or
19community development credit union, in which each participant’s
20savings are deposited and maintained. The program participant
21may withdraw his or her own savings at any time.

22(B) Another separate, parallel account shall be established and
23maintained by service providers in which the matching funds from
24state, federal, and private donations are kept. The parallel account
25may contain all matching funds for a pool of any service provider’s
26participants.

27(4) Help individuals receive their matching funds at the
28conclusion of the program.

29(5) Provide participants with a minimum of 12 hours of financial
30education and training. The education and training shall include,
31but need not be limited to, all of the following:

32(A) Household and personal budget management.

33(B) Economic literacy.

34(C) Credit repair.

35(6) Develop a program dismissal process for participants who
36do not fulfill program participation requirements, and seek to
37ensure that matching funds are used for their intended purposes.

38(7) Collect and maintain information about their programs, in
39a manner that provides the capacity to report semiannually all of
40the following information to the department:

P5    1(A) The number and demographic characteristics of participants
2enrolled in the program.

3(B) The number of accounts established.

4(C) The individual and aggregate savings level of participants.

5(D) The number of participants who closed accounts and the
6amount of associated savings.

7(E) The actual and proposed program budget.

8(F) The size and origin of matching pool funds received,
9obligated, and paid to participants.

10(G) The program achievements and obstacles.

11(H) Twelve-month program and financial projections.

12(I) At least one participant profile.

13

SEC. 3.  

Section 11151 of the Welfare and Institutions Code is
14amended to read:

15

11151.  

An applicant or recipient shall be ineligible to receive
16public assistance unless the property hebegin insert or sheend insert owns is held for
17the following purposes:

18(a) The property is used to provide the applicant or recipient
19with a home and conforms to the provisions of Section 11152.

20(b) The property is producing income for the support of the
21applicant or recipient and conforms to the provisions of Section
2211153.7.

23(c) The property is held as a reserve to meet a contingent need,
24not included within the standard of assistance for which an aid
25payment is made, and conforms to the provisions of Section 11154.

26(d) The property is personal in nature, or meets a special need
27of the applicant or recipient, or is part of a self-care or rehabilitation
28plan, or is not available for expenditure or disposition by the
29applicant or recipient.

30

SEC. 4.  

Section 11155 of the Welfare and Institutions Code is
31repealed.

32

SEC. 5.  

Section 11155.1 of the Welfare and Institutions Code
33 is repealed.

34

SEC. 6.  

Section 11155.2 of the Welfare and Institutions Code
35 is repealed.

36

SEC. 7.  

Section 11155.6 of the Welfare and Institutions Code
37 is repealed.

38

SEC. 8.  

Section 11157.5 of the Welfare and Institutions Code
39 is repealed.

P6    1

SEC. 9.  

Section 11257 of the Welfare and Institutions Code is
2repealed.

3

SEC. 10.  

Section 11257.5 of the Welfare and Institutions Code
4 is amended to read:

5

11257.5.  

A family may retain, for nine months, real property
6if the family is making a good faith effort to sell the real property.
7However, any aid payable to the family for the nine-month period
8shall be conditioned upon the sale. At the time of the sale any aid
9payments made during the nine-month period shall be considered
10overpayments to the extent they would not have been made had
11the sale occurred at the beginning of the nine-month period.
12Notwithstanding Section 11004 overpayments shall be recouped
13from the proceeds of the sale.

14Notwithstanding Section 11007 as a condition to the granting
15of aid pursuant to this section, the family shall grant the county a
16lien upon the real property as security for the aid to be paid. The
17lien shall be used to recoup any overpayments incurred pursuant
18to this section. Notwithstanding any other law, the lien shall not
19be enforceable by the sale of the secured property by the county.
20The lien of the county shall be paid upon the sale of the property.

21The department shall define good faith effort in regulation.

22

SEC. 11.  

Section 11260 of the Welfare and Institutions Code
23 is repealed.

24

SEC. 12.  

Section 11322.5 of the Welfare and Institutions Code
25 is amended to read:

26

11322.5.  

(a) It is the intent of the Legislature to do each of the
27following:

28(1) Maximize the ability of CalWORKs recipients to benefit
29from the federal Earned Income Tax Credit (EITC), including
30retroactive EITC credits and the Advance EITC, take advantage
31of the earned-income disregard to increase their CalFresh Program
32benefits, and accumulate credit toward future social security
33income.

34(2) Educate and empower all CalWORKs participants who
35receive the federal EITC to save or invest part or all of their credits
36in instruments such as individual development accounts, 401(k)
37plans, 403(b) plans, IRAs, 457 plans, Coverdell ESA plans, or 529
38plans, and to take advantage of the federal Assets for Independence
39program and other matching funds, tools, and training available
40from public or private sources, in order to build their assets.

P7    1(b) It is the intent of the Legislature that counties encourage
2CalWORKs recipients to participate in activities that will maximize
3their receipt of the EITC. To this end, counties may do all of the
4following:

5(1) Structure welfare-to-work activities pursuant to subdivisions
6(a) to (j), inclusive, of Section 11322.6 to give recipients the option
7of maximizing the portion of their CalWORKs benefits that meets
8the definition of “earned income” in Section 32(c)(2) of the Internal
9Revenue Code.

10(2) Inform CalWORKs recipients of each of the following:

11(A) That earned income, either previous or future, may make
12them eligible for the federal EITC, including retroactive EITC
13credits and the Advance EITC, increase their CalFresh Program
14benefits, and accumulate credit toward future social security
15income.

16(B) That recipients, as part of their welfare-to-work plans, have
17the option of engaging in subsidized employment and grant-based
18on-the-job training, as specified in Section 11322.6, and that
19participating in these activities will increase their earned income
20to the extent that they meet the requirements of federal law.

21(C) That receipt of the federal EITC does not affect their
22CalWORKs grant and is additional tax-free income for them.

23(D) That a CalWORKs recipient who receives the federal EITC
24may invest these funds in an individual development account,
25401(k) plan, 403(b) plan, IRA, 457 plan, 529 college savings plan,
26or Coverdell ESA, and that investments in these accounts will not
27make the recipient ineligible for CalWORKs benefits or reduce
28the recipient’s CalWORKs benefits.

29(3) At each regular eligibility redetermination, the county shall
30ask a recipient whether the recipient is eligible for and takes
31advantage of the EITC. If the recipient may be eligible and does
32not participate, the county shall give the recipient the federal EITC
33form and encourage and assist the recipient to take advantage of
34it.

35

SEC. 13.  

Section 11375 of the Welfare and Institutions Code
36 is amended to read:

37

11375.  

The following shall apply to any child or nonminor in
38receipt of state-funded Kin-GAP benefits:

39(a) He or she is eligible to request and receive independent living
40services pursuant to Section 10609.3.

P8    1(b) He or she may retain cash savings, not to exceed ten
2thousand dollars ($10,000), including interest, in addition to any
3other property accumulated pursuant to former Section 11257 or
4Section 11257.5.

5(c) He or she shall have earned income disregarded pursuant to
6Section 11008.15.

7

SEC. 14.  

Section 11450 of the Welfare and Institutions Code,
8as added by Section 4 of Chapter 632 of the Statutes of 2014, is
9amended to read:

10

11450.  

(a) (1) (A) Aid shall be paid for each needy family,
11which shall include all eligible brothers and sisters of each eligible
12applicant or recipient child and the parents of the children, but
13shall not include unborn children, or recipients of aid under Chapter
143 (commencing with Section 12000), qualified for aid under this
15chapter. In determining the amount of aid paid, and notwithstanding
16the minimum basic standards of adequate care specified in Section
1711452, the family’s income, exclusive of any amounts considered
18exempt as income or paid pursuant to subdivision (e) or Section
1911453.1, determined for the prospective semiannual period
20pursuant to Sections 11265.1, 11265.2, and 11265.3, and then
21calculated pursuant to Section 11451.5, shall be deducted from
22the sum specified in the following table, as adjusted for
23cost-of-living increases pursuant to Section 11453 and paragraph
24(2). In no case shall the amount of aid paid for each month exceed
25the sum specified in the following table, as adjusted for
26cost-of-living increases pursuant to Section 11453 and paragraph
27(2), plus any special needs, as specified in subdivisions (c), (e),
28and (f):


29

 

 Number of
 eligible needy
 persons in
the same home

Maximum
aid

1   

$  326

2   

   535

3   

   663

4   

   788

5   

   899

6   

 1,010

7   

 1,109

8   

 1,209

9   

 1,306

10 or more   

 1,403

P9    8

 

9(B) If, when, and during those times that the United States
10government increases or decreases its contributions in assistance
11of needy children in this state above or below the amount paid on
12July 1, 1972, the amounts specified in the above table shall be
13increased or decreased by an amount equal to that increase or
14decrease by the United States government, provided that no
15increase or decrease shall be subject to subsequent adjustment
16pursuant to Section 11453.

17(2) The sums specified in paragraph (1) shall not be adjusted
18for cost of living for the 1990-91, 1991-92, 1992-93, 1993-94,
191994-95, 1995-96, 1996-97, and 1997-98 fiscal years, and through
20October 31, 1998, nor shall that amount be included in the base
21for calculating any cost-of-living increases for any fiscal year
22thereafter. Elimination of the cost-of-living adjustment pursuant
23to this paragraph shall satisfy the requirements of former Section
2411453.05, and no further reduction shall be made pursuant to that
25section.

26(b) (1) When the family does not include a needy child qualified
27for aid under this chapter, aid shall be paid to a pregnant child who
28is 18 years of age or younger at any time after verification of
29pregnancy, in the amount that would otherwise be paid to one
30person, as specified in subdivision (a), if the child and her child,
31if born, would have qualified for aid under this chapter. Verification
32of pregnancy shall be required as a condition of eligibility for aid
33under this subdivision.

34(2)  Notwithstanding paragraph (1), when the family does not
35include a needy child qualified for aid under this chapter, aid shall
36be paid to a pregnant woman for the month in which the birth is
37anticipated and for the six-month period immediately prior to the
38month in which the birth is anticipated, in the amount that would
39otherwise be paid to one person, as specified in subdivision (a), if
40the woman and child, if born, would have qualified for aid under
P10   1this chapter. Verification of pregnancy shall be required as a
2condition of eligibility for aid under this subdivision.

3(3) Paragraph (1) shall apply only when the Cal-Learn Program
4is operative.

5(c) The amount of forty-seven dollars ($47) per month shall be
6paid to pregnant women qualified for aid under subdivision (a) or
7(b) to meet special needs resulting from pregnancy if the woman
8and child, if born, would have qualified for aid under this chapter.
9County welfare departments shall refer all recipients of aid under
10this subdivision to a local provider of the Women, Infants, and
11Children program. If that payment to pregnant women qualified
12for aid under subdivision (a) is considered income under federal
13law in the first five months of pregnancy, payments under this
14subdivision shall not apply to persons eligible under subdivision
15(a), except for the month in which birth is anticipated and for the
16three-month period immediately prior to the month in which
17delivery is anticipated, if the woman and child, if born, would have
18qualified for aid under this chapter.

19(d) For children receiving AFDC-FC under this chapter, there
20shall be paid, exclusive of any amount considered exempt as
21income, an amount of aid each month that, when added to the
22child’s income, is equal to the rate specified in Section 11460,
2311461, 11462, 11462.1, or 11463. In addition, the child shall be
24eligible for special needs, as specified in departmental regulations.

25(e) In addition to the amounts payable under subdivision (a)
26and Section 11453.1, a family shall be entitled to receive an
27allowance for recurring special needs not common to a majority
28of recipients. These recurring special needs shall include, but not
29be limited to, special diets upon the recommendation of a physician
30for circumstances other than pregnancy, and unusual costs of
31transportation, laundry, housekeeping services, telephone, and
32utilities. The recurring special needs allowance for each family
33per month shall not exceed that amount resulting from multiplying
34the sum of ten dollars ($10) by the number of recipients in the
35family who are eligible for assistance.

36(f) After a family has used all available liquid resources, both
37exempt and nonexempt, in excess of one hundred dollars ($100),
38 the family shall also be entitled to receive an allowance for
39nonrecurring special needs.

P11   1(1) An allowance for nonrecurring special needs shall be granted
2for replacement of clothing and household equipment and for
3emergency housing needs other than those needs addressed by
4paragraph (2). These needs shall be caused by sudden and unusual
5circumstances beyond the control of the needy family. The
6department shall establish the allowance for each of the
7nonrecurring special needs items. The sum of all nonrecurring
8special needs provided by this subdivision shall not exceed six
9hundred dollars ($600) per event.

10(2) (A) Homeless assistance is available to a homeless family
11seeking shelter when the family is eligible for aid under this
12chapter. Homeless assistance for temporary shelter is also available
13to homeless families that are apparently eligible for aid under this
14chapter. Apparent eligibility exists when evidence presented by
15the applicant, or that is otherwise available to the county welfare
16department, and the information provided on the application
17documents indicate that there would be eligibility for aid under
18this chapter if the evidence and information were verified.
19However, an alien applicant who does not provide verification of
20his or her eligible alien status, or a woman with no eligible children
21who does not provide medical verification of pregnancy, is not
22apparently eligible for purposes of this section.

23(B) A family is considered homeless, for the purpose of this
24section, when the family lacks a fixed and regular nighttime
25residence; or the family has a primary nighttime residence that is
26a supervised publicly or privately operated shelter designed to
27provide temporary living accommodations; or the family is residing
28in a public or private place not designed for, or ordinarily used as,
29a regular sleeping accommodation for human beings. A family is
30also considered homeless for the purpose of this section if the
31family has received a notice to pay rent or quit. The family shall
32demonstrate that the eviction is the result of a verified financial
33hardship as a result of extraordinary circumstances beyond their
34control, and not other lease or rental violations, and that the family
35is experiencing a financial crisis that could result in homelessness
36if preventative assistance is not provided.

37(C) (i) A nonrecurring special needs benefit of sixty-five dollars
38($65) a day shall be available to families of up to four members
39for the costs of temporary shelter, subject to the requirements of
40this paragraph. The fifth and additional members of the family
P12   1shall each receive fifteen dollars ($15) per day, up to a daily
2maximum of one hundred twenty-five dollars ($125). County
3welfare departments may increase the daily amount available for
4temporary shelter as necessary to secure the additional bedspace
5needed by the family.

6(ii) This special needs benefit shall be granted or denied
7immediately upon the family’s application for homeless assistance,
8and benefits shall be available for up to three working days. The
9county welfare department shall verify the family’s homelessness
10within the first three working days and if the family meets the
11criteria of questionable homelessness established by the
12department, the county welfare department shall refer the family
13to its early fraud prevention and detection unit, if the county has
14such a unit, for assistance in the verification of homelessness within
15this period.

16(iii) After homelessness has been verified, the three-day limit
17shall be extended for a period ofbegin delete time which,end deletebegin insert time, whichend insert when
18added to the initial benefits provided, does not exceed a total of
1916 calendar days. This extension of benefits shall be done in
20increments of one week and shall be based upon searching for
21permanentbegin delete housingend deletebegin insert housing,end insert which shall be documented on a
22housing search form, good cause, or other circumstances defined
23by the department. Documentation of a housing search shall be
24required for the initial extension of benefits beyond the three-day
25limit and on a weekly basis thereafter as long as the family is
26receiving temporary shelter benefits. Good cause shall include,
27but is not limited to, situations in which the county welfare
28department has determined that the family, to the extent it is
29capable, has made a good faith but unsuccessful effort to secure
30permanent housing while receiving temporary shelter benefits.

31(D) (i) A nonrecurring special needs benefit for permanent
32housing assistance is available to pay for last month’s rent and
33security deposits when these payments are reasonable conditions
34of securing a residence, or to pay for up to two months of rent
35arrearages, when these payments are a reasonable condition of
36preventing eviction.

37(ii) The last month’s rent or monthly arrearage portion of the
38payment (I) shall not exceed 80 percent of the family’s total
39 monthly household income without the value of CalFresh benefits
40or special needs benefit for a family of that size and (II) shall only
P13   1be made to families that have found permanent housing costing
2no more than 80 percent of the family’s total monthly household
3income without the value of CalFresh benefits or special needs
4benefit for a family of that size.

5(iii) However, if the county welfare department determines that
6a family intends to reside with individuals who will be sharing
7housing costs, the county welfare department shall, in appropriate
8circumstances, set aside the condition specified in subclause (II)
9of clause (ii).

10(E) The nonrecurring special needs benefit for permanent
11housing assistance is also available to cover the standard costs of
12deposits for utilitiesbegin delete whichend deletebegin insert thatend insert are necessary for the health and
13safety of the family.

14(F) A payment for or denial of permanent housing assistance
15shall be issued no later than one working day from the time that a
16family presents evidence of the availability of permanent housing.
17If an applicant family provides evidence of the availability of
18permanent housing before the county welfare department has
19established eligibility for aid under this chapter, the county welfare
20department shall complete the eligibility determination so that the
21denial of or payment for permanent housing assistance is issued
22within one working day from the submission of evidence of the
23availability of permanent housing, unless the family has failed to
24provide all of the verification necessary to establish eligibility for
25aid under this chapter.

26(G) (i) Except as provided in clauses (ii) and (iii), eligibility
27for the temporary shelter assistance and the permanent housing
28assistance pursuant to this paragraph shall be limited to one period
29of up to 16 consecutive calendar days of temporary assistance and
30one payment of permanent assistance. Any family that includes a
31parent or nonparent caretaker relative living in the home who has
32previously received temporary or permanent homeless assistance
33at any time on behalf of an eligible child shall not be eligible for
34further homeless assistance. Any person who applies for homeless
35assistance benefits shall be informed that the temporary shelter
36benefit of up to 16 consecutive days is available only once in a
37lifetime, with certain exceptions, and that a break in the consecutive
38use of the benefit constitutes permanent exhaustion of the
39temporary benefit.

P14   1(ii) A family that becomes homeless as a direct and primary
2result of a state or federally declared natural disaster shall be
3eligible for temporary and permanent homeless assistance.

4(iii) A family shall be eligible for temporary and permanent
5homeless assistance when homelessness is a direct result of
6domestic violence by a spouse, partner, or roommate; physical or
7 mental illness that is medically verified that shall not include a
8diagnosis of alcoholism, drug addiction, or psychological stress;
9or, the uninhabitability of the former residence caused by sudden
10and unusual circumstances beyond the control of the family
11including natural catastrophe, fire, or condemnation. These
12circumstances shall be verified by a third-party governmental or
13private health and human services agency, except that domestic
14violence may also be verified by a sworn statement by the victim,
15as provided under Section 11495.25. Homeless assistance payments
16based on these specific circumstances may not be received more
17often than once in any 12-month period. In addition, if the domestic
18violence is verified by a sworn statement by the victim, the
19homeless assistance payments shall be limited to two periods of
20not more than 16 consecutive calendar days of temporary assistance
21and two payments of permanent assistance. A county may require
22that a recipient of homeless assistance benefits who qualifies under
23this paragraph for a second time in a 24-month period participate
24in a homelessness avoidance case plan as a condition of eligibility
25for homeless assistance benefits. The county welfare department
26shall immediately inform recipients who verify domestic violence
27by a sworn statement of the availability of domestic violence
28counseling and services, and refer those recipients to services upon
29request.

30(iv) If a county requires a recipient who verifies domestic
31violence by a sworn statement to participate in a homelessness
32avoidance case plan pursuant to clause (iii), the plan shall include
33the provision of domestic violence services, if appropriate.

34(v) If a recipient seeking homeless assistance based on domestic
35violence pursuant to clause (iii) has previously received homeless
36avoidance services based on domestic violence, the county shall
37review whether services were offered to the recipient and consider
38what additional services would assist the recipient in leaving the
39domestic violence situation.

P15   1(vi) The county welfare department shall report necessary data
2to the department through a statewide homeless assistance payment
3indicator system, as requested by the department, regarding all
4recipients of aid under this paragraph.

5(H) The county welfare departments, and all other entities
6participating in the costs of the CalWORKs program, have the
7right in their share to any refunds resulting from payment of the
8permanent housing. However, if an emergency requires the family
9to move within the 12-month period specified in subparagraph
10(G), the family shall be allowed to use any refunds received from
11its deposits to meet the costs of moving to another residence.

12(I) Payments to providers for temporary shelter and permanent
13housing and utilities shall be made on behalf of families requesting
14these payments.

15(J) The daily amount for the temporary shelter special needs
16benefit for homeless assistance may be increased if authorized by
17the current year’s Budget Act by specifying a different daily
18allowance and appropriating the funds therefor.

19(K) No payment shall be made pursuant to this paragraph unless
20the provider of housing is a commercial establishment, shelter, or
21person in the business of renting properties who has a history of
22renting properties.

23(g) The department shall establish rules and regulations ensuring
24the uniform statewide application of this section.

25(h) The department shall notify all applicants and recipients of
26aid through the standardized application form that these benefits
27are available and shall provide an opportunity for recipients to
28apply for the funds quickly and efficiently.

29(i) (1) Except for the purposes of Section 15200, the amounts
30payable to recipients pursuant to Section 11453.1 shall not
31constitute part of the payment schedule set forth in subdivision
32(a).

33(2) The amounts payable to recipients pursuant to Section
3411453.1 shall not constitute income to recipients of aid under this
35section.

36(j) For children receiving Kin-GAP pursuant to Article 4.5
37(commencing with Section 11360) or Article 4.7 (commencing
38with Section 11385) there shall be paid, exclusive of any amount
39considered exempt as income, an amount of aid each month, which,
P16   1when added to the child’s income, is equal to the rate specified in
2Sections 11364 and 11387.

3(k) (1) A county shall implement the semiannual reporting
4requirements in accordance with Chapter 501 of the Statutes of
52011.

6(2) Upon completion of the implementation described in
7paragraph (1), each county shall provide a certificate to the director
8certifying that semiannual reporting has been implemented in the
9county.

10(3) Upon filing the certificate described in paragraph (2), a
11county shall comply with the semiannual reporting provisions of
12this section.

13

SEC. 15.  

Section 11450.5 of the Welfare and Institutions Code
14 is amended to read:

15

11450.5.  

For purposes of computing and paying aid grants
16under this chapter, the director shall adopt regulations establishing
17a budgeting system consistent with Sections 11265.1, 11265.2,
18and 11265.3.begin delete Nothing in thisend deletebegin insert Thisend insert section,begin delete orend delete Sections 11004 and
1911450, or any other provision of this code, shallbegin insert notend insert be interpreted
20begin delete as prohibitingend deletebegin insert to prohibitend insert the establishment of, or otherwise
21restricting the operation of, any budgeting system adopted by the
22director.

23

SEC. 16.  

Section 14140 of the Welfare and Institutions Code
24 is amended to read:

25

14140.  

The following definitions shall apply to the provisions
26of this article:

27(a) “Net worth” means:

28(1) Personal property, which consists of cash, savings accounts,
29securities, and similar items; notes,begin delete mortgagesend deletebegin insert mortgages,end insert and
30deeds of trust; the cash surrender value of life insurance on the life
31of the applicant or beneficiary, on the life of the spouse or any
32member of the family, except as provided in Section 11158; motor
33vehicles, except onebegin delete whichend deletebegin insert thatend insert meets the transportation needs of
34the person or family;begin insert andend insert any other property or equity other than
35real estate.

36(2) Real property, including any interest in land of more than
37nominal interestbegin delete whichend deletebegin insert thatend insert does not constitute the home of the
38applicant for aid under this chapter. The home of the applicant
39shall be exempt from consideration as net worth under this section
P17   1to the extent of ten thousand dollars ($10,000) in assessed
2valuation, as assessed by the county assessor.

3(3) “Income”begin delete whichend deletebegin insert thatend insert consists of the sum of adjusted gross
4income as used for purposes of the Federal Income Tax Law.

5(b) “Family unit” means:

6(1) In the case of an unmarried patient under 21 years of age
7living with his parent or parents, the patient and his parents.

8(2) In the case of a married patient under 21 years of age, the
9patient and his spouse.

10(3) In the case of a patient over 21, the patient, and if married,
11the patient’s wife.

12

SEC. 17.  

Section 18923 of the Welfare and Institutions Code
13 is amended to read:

14

18923.  

(a) The State Department of Social Services shall
15submit a request to the United States Department of Agriculture
16for a waiver to permit a CalFresh household to retain funds in the
17restricted savings account as specified in subdivision (a) of former
18Section 11155.2 and as accumulated while participating in the Aid
19to Families with Dependent Children program. The participation
20requirements for this specific savings account as specified in
21subdivision (a) of former Section 11155.2 shall apply to CalFresh.
22Penalties for nonqualifying withdrawal of these funds shall result
23in a calculation of a period of ineligibility for all persons in the
24CalFresh household, to be determined by dividing the balance in
25the account immediately prior to the withdrawal by the CalFresh
26allotment to which the household is entitled. The resulting whole
27number shall be the number of months of ineligibility. The period
28of ineligibility may be reduced when the divisor, which is the
29CalFresh allotment, increases as a result of a cost-of-living
30adjustment.

31(b) The director may waive, with federal approval, the
32enforcement of specific federal Supplemental Nutrition Assistance
33Program requirements, regulations, and standards necessary to
34implement this provision.

35

SEC. 18.  

No appropriation pursuant to Section 15200 of
36Welfare and Institutions Code shall be made for the purposes of
37this act.

38

SEC. 19.  

If the Commission on State Mandates determines
39that this act contains costs mandated by the state, reimbursement
40to local agencies and school districts for those costs shall be made
P18   1pursuant to Part 7 (commencing with Section 17500) of Division
24 of Title 2 of the Government Code.



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