AB 2057, as amended, Mark Stone. CalFresh: victims of domestic violence.
Existing federal law provides for the federal Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, formerly the Food Stamp Program, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Existing federal law authorizes a resident of a shelter for battered women and children, as defined, who is currently included in a certified household that also contains the abuser, to apply and, if otherwise eligible, receive an additional allotment of benefits as a separate household. Existing federal law requires a county human services agency to provide CalFresh expedited services to certain households.
This bill would, to the extent permitted by federal law, regulations, waivers, and directives, authorize a resident of, or an individual on a waiting list to get into, a shelter for battered women and children who is currently included in a certified household that also contains the abuser, to apply for, and, if otherwise eligible, would provide that the resident or individual is entitled to, expedited services of an additional allotment of CalFresh benefits as a separate household. By imposing additional duties on local officials, this bill would impose a state-mandated local program.
Existing law requires the State Department of Social Services to develop and make available to homeless shelters, among other locations, CalFresh information on expedited services targeted to the homeless population.begin delete Existing law requires each county welfare department to annually offer training on
CalFresh application procedures to homeless shelter operators.end delete Existing law requires each county welfare department, upon request, to provide homeless shelters with a supply of CalFresh applications used to request expedited CalFresh services, as specified.
This bill would additionally require the department to develop and make available to domestic violence shelters CalFresh information on expedited services targeted to victims of domestic violence.begin deleteend deletebegin delete The bill would delete the requirement that the county welfare department offer training on CalFresh application procedures.end delete The bill would also expand the requirement that a county human services agency, upon request, provide domestic violence shelters with a supply of CalFresh applications used to request expedited CalFresh services, as specified. By imposing
additional duties on local officials, this bill would impose a state-mandated local program.
Existing law authorizes counties to participate in the CalFresh Employment and Training program (CalFresh E&T), established by federal law, and requires participating counties to screen CalFresh work registrants to determine whether they will participate in, or be deferred from, CalFresh E&T. Existing law defers from mandatory placement in CalFresh E&T specified individuals, including an individual who is a veteran who has been honorable discharged from the United States Army.
This bill would additionally defer from mandatory placement in CalFresh E&T, an individual who is a victim of domestic violence.
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:
Section 18904.25 of the Welfare and Institutions
2Code is amended to read:
(a) Pursuant to the federal Stewart B. McKinney
4Homeless Assistance Act (Public Law 100-77), the department
5shall develop CalFresh information on expedited services targeted
6to the homeless population, including unaccompanied homeless
7children and youths, as those terms are defined in Section 11434a
8of Title 42 of the United States Code. The department shall also
9develop information on expedited services specified in Section
1018914.5 for victims of domestic violence. This information shall
11be made available to homeless shelters, domestic violence shelters,
12emergency food programs, local educational agency liaisons for
13homeless children and youths, designated pursuant to Section
1411432(g)(1)(J)(ii) of Title 42 of the United States Code, and other
15community
agencies who provide services to people who are
16homeless.
17(b) Each county human servicesbegin insert agency shall annually offer
18training on CalFresh application procedures to homeless shelter
19operators. That training shall include eligibility criteria and
20specific information regarding the eligibility of unaccompanied
21homeless children and youths. In addition, each county human
22services end insert agency, upon request, shall provide homeless shelters
23and domestic violence shelters with a supply of that portion of the
24CalFresh application used to request CalFresh expedited service.
25(c) Upon receipt of a signed CalFresh application from an
26unaccompanied child or youth under 18 years of age, the county
27human services agency
shall determine eligibility for CalFresh
28benefits, including making a determination of whether the child
P4 1or youth is eligible to apply as a household of one or if he or she
2must apply with members of a household with whom he or she is
3regularly purchasing and preparing foods, and screen the
4application for entitlement to expedited service pursuant to Section
518914. If the application of the child or youth for CalFresh benefits
6is denied, the county human services agency shall provide the child
7or youth a written notice explaining the reason for the denial.
Section 18914.5 is added to the Welfare and
9Institutions Code, to read:
(a) To the extent permitted by federal law,
11regulations, waivers, and directives, a resident of, or an individual
12on a waiting list to get into, a shelter for battered women and
13children who is currently included in a certified household that
14also contains the abuser, may apply for and, if otherwise eligible,
15shall be entitled to expedited services of an additional allotment
16of CalFresh benefits as a separate household.
17(b) For purposes of this section, “shelter for battered women
18and children” has the same meaning as provided in Section 271.2
19of Title 7 of the Code of Federal Regulations.
Section 18926.5 of the Welfare and Institutions Code
21 is amended to read:
(a) For the purposes of this chapter, “CalFresh
23Employment and Training program” or “CalFresh E&T” means
24the program established under Section 6(d)(4)(B) of the federal
25Food and Nutrition Act of 2008 (7 U.S.C. Sec. 2015), Section
26273.7 of Title 7 of the Code of Federal Regulations, and associated
27administrative notices published by the United States Department
28of Agriculture with the purpose of assisting members of CalFresh
29households in gaining skills, training, work, or experience that will
30increase their ability to obtain regular employment.
31(b) (1) A county that elects to participate in the CalFresh
32Employment and Training (CalFresh E&T) program, as
authorized
33by the federal Food and Nutrition Act of 2008 (7 U.S.C. Sec. 2015),
34
shall screen CalFresh work registrants to determine whether they
35will participate in, or be deferred from, CalFresh E&T. If deferred,
36a CalFresh work registrant may request to enroll in CalFresh E&T
37as a voluntary participant. An individual shall be deferred from a
38mandatory placement in CalFresh E&T if he or she satisfies any
39of the criteria in Sections 273.7 and 273.24 of Title 7 of the Code
40of Federal Regulations, if he or she resides in a federally
P5 1determined work surplus area, if he or she is a veteran who has
2been honorably discharged from the United States Armed Forces,
3or if he or she is a victim of domestic violence.
4(2) For purposes of this section, “deferred” has the same
5meaning as exempt.
6(c) (1) A county participating in
CalFresh E&T shall be required
7to demonstrate in its CalFresh E&T plan how it is effectively using
8CalFresh E&T funds for each of the components that the county
9offers, including, but not limited to, any of the following:
10(A) Self-initiated workfare.
11(B) Work experience or training.
12(C) Education.
13(D) Job search.
14(E) The support services or client reimbursements needed to
15participate in subparagraphs (A) to (D), inclusive, as allowed by
16
federal law and guidance.
17(2) Nothing in this section shall be construed to require a county
18to offer a particular component as a part of its CalFresh E&T plan.
19(d) Nothing in this section shall limit a county’s ability to
20condition the receipt of nonmedical benefits under Section 17000
21on an individual’s participation in an employment and training or
22workfare program of the county’s choice, even if that program is
23financed in whole or in part with CalFresh E&T funds or match
24funds.
25(e) Nothing in this section shall restrict the use of federal funds
26for the financing of CalFresh E&T programs.
27(f) Nothing in this section shall be
construed to require a county
28to provide for workers’ compensation coverage for a CalFresh
29E&T participant. Notwithstanding Division 4 (commencing with
30Section 3200) of the Labor Code, a CalFresh E&T participant shall
31not be an employee for the purposes of workers’ compensation
32
coverage, and a county shall have no duty to provide workers’
33compensation coverage for a CalFresh E&T participant.
34(g) Notwithstanding the rulemaking provisions of the
35Administrative Procedure Act (Chapter 3.5 (commencing with
36Section 11340) of Part 1 of Division 3 of Title 2 of the Government
37Code), the department may implement this section by all-county
38letters or similar instructions. Thereafter, the department shall
39adopt regulations to implement this section by October 1, 2013.
If the Commission on State Mandates determines that
2this act contains costs mandated by the state, reimbursement to
3local agencies and school districts for those costs shall be made
4pursuant to Part 7 (commencing with Section 17500) of Division
54 of Title 2 of the Government Code.
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