California Legislature—2015–16 Regular Session

Assembly BillNo. 2151


Introduced by Assembly Member Chu

February 17, 2016


An act to amend Section 11450 of the Welfare and Institutions Code, relating to CalWORKs.

LEGISLATIVE COUNSEL’S DIGEST

AB 2151, as introduced, Chu. CalWORKs: special diet or food preparation needs allowance.

Existing law requires each county to provide cash assistance and other social services to needy families through the California Work Opportunity and Responsibility to Kids (CalWORKs) program using federal Temporary Assistance to Needy Families block grant program, state, and county funds. Existing law specifies the amounts of cash aid to be paid each month to CalWORKs recipients, including an allowance for recurring special needs, as specified.

This bill would require that an additional allowance be paid each month in the amount of $20 or actual expenses, whichever is greater, to a recipient who has a special dietary need caused by a permanent or temporary medical condition, other than pregnancy. The bill would require the verification to be signed by a licensed physician, dentist, dietician, nutritionist, or other qualified health practitioner. By increasing the administrative duties of counties administering the CalWORKs program, the bill would impose a state-mandated local program.

Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program.

This bill would instead provide that the continuous appropriation would not be made for purposes of implementing the bill.

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.  

Section 11450 of the Welfare and Institutions
2Code
is amended to read:

3

11450.  

(a) (1) (A) Aid shall be paid for each needy family,
4which shall include all eligible brothers and sisters of each eligible
5applicant or recipient child and the parents of the children, but
6shall not include unborn children, or recipients of aid under Chapter
73 (commencing with Section 12000), qualified for aid under this
8chapter. In determining the amount of aid paid, and notwithstanding
9the minimum basic standards of adequate care specified in Section
1011452, the family’s income, exclusive of any amounts considered
11exempt as income or paid pursuant to subdivision (e) or Section
1211453.1, determined for the prospective semiannual period
13pursuant to Sections 11265.1, 11265.2, and 11265.3, and then
14calculated pursuant to Section 11451.5, shall be deducted from
15the sum specified in the following table, as adjusted for
16cost-of-living increases pursuant to Section 11453 and paragraph
17(2). In no case shall the amount of aid paid for each month exceed
18the sum specified in the following table, as adjusted for
19cost-of-living increases pursuant to Section 11453 and paragraph
20(2), plus any special needs, as specified in subdivisions (c), (e),
21and (f):


22

 

 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

P3   13

 

14(B) If, when, and during those times that the United States
15government increases or decreases its contributions in assistance
16of needy children in this state above or below the amount paid on
17July 1, 1972, the amounts specified in the above table shall be
18increased or decreased by an amount equal to that increase or
19decrease by the United States government, provided that no
20increase or decrease shall be subject to subsequent adjustment
21pursuant to Section 11453.

22(2) The sums specified in paragraph (1) shall not be adjusted
23for cost of living for the 1990-91, 1991-92, 1992-93, 1993-94,
241994-95, 1995-96, 1996-97, and 1997-98 fiscal years, and through
25October 31, 1998, nor shall that amount be included in the base
26for calculating any cost-of-living increases for any fiscal year
27thereafter. Elimination of the cost-of-living adjustment pursuant
28to this paragraph shall satisfy the requirements ofbegin insert formerend insert Section
2911453.05, and no further reduction shall be made pursuant to that
30section.

31(b) (1) When the family does not include a needy child qualified
32for aid under this chapter, aid shall be paid to a pregnant child who
33is 18 years of age or younger at any time after verification of
34pregnancy, in the amount that would otherwise be paid to one
35person, as specified in subdivision (a), if the child and her child,
36if born, would have qualified for aid under this chapter. Verification
37of pregnancy shall be required as a condition of eligibility for aid
38under this subdivision.

39(2)  Notwithstanding paragraph (1), when the family does not
40include a needy child qualified for aid under this chapter, aid shall
P4    1be paid to a pregnant woman for the month in which the birth is
2anticipated and for the six-month period immediately prior to the
3month in which the birth is anticipated, in the amount that would
4otherwise be paid to one person, as specified in subdivision (a), if
5the woman and child, if born, would have qualified for aid under
6this chapter. Verification of pregnancy shall be required as a
7condition of eligibility for aid under this subdivision.

8(3) Paragraph (1) shall apply only when the Cal-Learn Program
9is operative.

10(c) The amount of forty-seven dollars ($47) per month shall be
11paid to pregnant women qualified for aid under subdivision (a) or
12(b) to meet special needs resulting from pregnancy if the woman
13and child, if born, would have qualified for aid under this chapter.
14County welfare departments shall refer all recipients of aid under
15this subdivision to a local provider of the Women, Infants, and
16Children program. If that payment to pregnant women qualified
17for aid under subdivision (a) is considered income under federal
18law in the first five months of pregnancy, payments under this
19subdivision shall not apply to persons eligible under subdivision
20(a), except for the month in which birth is anticipated and for the
21three-month period immediately prior to the month in which
22delivery is anticipated, if the woman and child, if born, would have
23qualified for aid under this chapter.

24(d) For children receiving AFDC-FC under this chapter, there
25shall be paid, exclusive of any amount considered exempt as
26income, an amount of aid each month that, when added to the
27child’s income, is equal to the rate specified in Section 11460,
2811461, 11462, 11462.1, or 11463. In addition, the child shall be
29eligible for special needs, as specified in departmental regulations.

30(e) begin insert(1)end insertbegin insertend insert In addition to the amounts payable under subdivision
31(a) and Section 11453.1, a family shall be entitled to receive an
32allowance for recurring special needs not common to a majority
33of recipients. These recurring special needs shall include, but not
34be limited to, special dietsbegin delete upon the recommendation of a physician
35for circumstances other than pregnancy,end delete
begin insert or food preparation needs,
36as described in paragraph (2),end insert
and unusual costs of transportation,
37laundry, housekeeping services, telephone, and utilities.begin delete Theend deletebegin insert end insertbegin insertExcept
38as provided in paragraph (2), theend insert
recurring special needs allowance
39for each family per month shall not exceed that amount resulting
P5    1from multiplying the sum of ten dollars ($10) by the number of
2recipients in the family who are eligible for assistance.

begin insert

3(2) Each recipient is entitled to a special diet or food
4preparation needs allowance of twenty dollars ($20) per month,
5or actual verified expenses related to the special diet or food
6preparation needs, whichever is greater. The allowance shall be
7provided in the form of a supplemental food benefit upon a county’s
8receipt of verification that a recipient has a special dietary need
9caused by a permanent or temporary medical condition, other than
10pregnancy. This verification shall be signed by a licensed
11physician, dentist, dietician, nutritionist, or other qualified health
12practitioner.

end insert

13(f) After a family has used all available liquid resources, both
14exempt and nonexempt, in excess of one hundred dollars ($100),
15with the exception of funds deposited in a restricted account
16described in subdivision (a) of Section 11155.2, the family shall
17also be entitled to receive an allowance for nonrecurring special
18needs.

19(1) An allowance for nonrecurring special needs shall be granted
20for replacement of clothing and household equipment and for
21emergency housing needs other than those needs addressed by
22paragraph (2). These needs shall be caused by sudden and unusual
23circumstances beyond the control of the needy family. The
24department shall establish the allowance for each of the
25nonrecurring special needs items. The sum of all nonrecurring
26special needs provided by this subdivision shall not exceed six
27hundred dollars ($600) per event.

28(2) (A) Homeless assistance is available to a homeless family
29seeking shelter when the family is eligible for aid under this
30chapter. Homeless assistance for temporary shelter is also available
31to homeless families that are apparently eligible for aid under this
32chapter. Apparent eligibility exists when evidence presented by
33the applicant, or that is otherwise available to the county welfare
34department, and the information provided on the application
35documents indicate that there would be eligibility for aid under
36this chapter if the evidence and information were verified.
37However, an alien applicant who does not provide verification of
38his or her eligible alien status, or a woman with no eligible children
39who does not provide medical verification of pregnancy, is not
40apparently eligible for purposes of this section.

P6    1(B) A family is considered homeless, for the purpose of this
2section, when the family lacks a fixed and regular nighttime
3residence; or the family has a primary nighttime residence that is
4a supervised publicly or privately operated shelter designed to
5provide temporary living accommodations; or the family is residing
6in a public or private place not designed for, or ordinarily used as,
7a regular sleeping accommodation for human beings. A family is
8also considered homeless for the purpose of this section if the
9family has received a notice to pay rent or quit. The family shall
10 demonstrate that the eviction is the result of a verified financial
11hardship as a result of extraordinary circumstances beyond their
12control, and not other lease or rental violations, and that the family
13is experiencing a financial crisis that could result in homelessness
14if preventative assistance is not provided.

begin delete

15(A)

end delete

16begin insert(3)end insertbegin insertend insertbegin insert(A)end insert (i) A nonrecurring special needs benefit of sixty-five
17dollars ($65) a day shall be available to families of up to four
18members for the costs of temporary shelter, subject to the
19requirements of this paragraph. The fifth and additional members
20of the family shall each receive fifteen dollars ($15) per day, up
21to a daily maximum of one hundred twenty-five dollars ($125).
22County welfare departments may increase the daily amount
23available for temporary shelter as necessary to secure the additional
24bedspace needed by the family.

25(ii) This special needs benefit shall be granted or denied
26immediately upon the family’s application for homeless assistance,
27and benefits shall be available for up to three working days. The
28county welfare department shall verify the family’s homelessness
29within the first three working days and if the family meets the
30criteria of questionable homelessness established by the
31department, the county welfare department shall refer the family
32to its early fraud prevention and detection unit, if the county has
33such a unit, for assistance in the verification of homelessness within
34this period.

35(iii) After homelessness has been verified, the three-day limit
36shall be extended for a period of time which, when added to the
37initial benefits provided, does not exceed a total of 16 calendar
38days. This extension of benefits shall be done in increments of one
39week and shall be based upon searching for permanent housing
40which shall be documented on a housing search form, good cause,
P7    1or other circumstances defined by the department. Documentation
2of a housing search shall be required for the initial extension of
3benefits beyond the three-day limit and on a weekly basis thereafter
4as long as the family is receiving temporary shelter benefits. Good
5cause shall include, but is not limited to, situations in which the
6county welfare department has determined that the family, to the
7extent it is capable, has made a good faith but unsuccessful effort
8to secure permanent housing while receiving temporary shelter
9benefits.

10(B) (i) A nonrecurring special needs benefit for permanent
11housing assistance is available to pay for last month’s rent and
12security deposits when these payments are reasonable conditions
13of securing a residence, or to pay for up to two months of rent
14arrearages, when these payments are a reasonable condition of
15preventing eviction.

16(ii) The last month’s rent or monthly arrearage portion of the
17payment (I) shall not exceed 80 percent of the family’s total
18monthly household income without the value of CalFresh benefits
19or special needs benefit for a family of that size and (II) shall only
20be made to families that have found permanent housing costing
21no more than 80 percent of the family’s total monthly household
22income without the value of CalFresh benefits or special needs
23benefit for a family of that size.

24(iii) However, if the county welfare department determines that
25a family intends to reside with individuals who will be sharing
26housing costs, the county welfare department shall, in appropriate
27circumstances, set aside the condition specified in subclause (II)
28of clause (ii).

29(C) The nonrecurring special needs benefit for permanent
30housing assistance is also available to cover the standard costs of
31deposits for utilities which are necessary for the health and safety
32of the family.

33(D) A payment for or denial of permanent housing assistance
34shall be issued no later than one working day from the time that a
35family presents evidence of the availability of permanent housing.
36If an applicant family provides evidence of the availability of
37permanent housing before the county welfare department has
38established eligibility for aid under this chapter, the county welfare
39 department shall complete the eligibility determination so that the
40denial of or payment for permanent housing assistance is issued
P8    1within one working day from the submission of evidence of the
2availability of permanent housing, unless the family has failed to
3provide all of the verification necessary to establish eligibility for
4aid under this chapter.

5(E) (i) Except as provided in clauses (ii) and (iii), eligibility
6for the temporary shelter assistance and the permanent housing
7assistance pursuant to this paragraph shall be limited to one period
8of up to 16 consecutive calendar days of temporary assistance and
9one payment of permanent assistance. Any family that includes a
10parent or nonparent caretaker relative living in the home who has
11previously received temporary or permanent homeless assistance
12at any time on behalf of an eligible child shall not be eligible for
13further homeless assistance. Any person who applies for homeless
14assistance benefits shall be informed that the temporary shelter
15benefit of up to 16 consecutive days is available only once in a
16lifetime, with certain exceptions, and that a break in the consecutive
17use of the benefit constitutes permanent exhaustion of the
18temporary benefit.

19(ii) A family that becomes homeless as a direct and primary
20result of a state or federally declared natural disaster shall be
21eligible for temporary and permanent homeless assistance.

22(iii) A family shall be eligible for temporary and permanent
23homeless assistance when homelessness is a direct result of
24domestic violence by a spouse, partner, or roommate; physical or
25mental illness that is medically verified that shall not include a
26diagnosis of alcoholism, drug addiction, or psychological stress;
27or, the uninhabitability of the former residence caused by sudden
28and unusual circumstances beyond the control of the family
29including natural catastrophe, fire, or condemnation. These
30circumstances shall be verified by a third-party governmental or
31private health and human services agency, except that domestic
32violence may also be verified by a sworn statement by the victim,
33as provided under Section 11495.25. Homeless assistance payments
34based on these specific circumstances may not be received more
35often than once in any 12-month period. In addition, if the domestic
36violence is verified by a sworn statement by the victim, the
37homeless assistance payments shall be limited to two periods of
38not more than 16 consecutive calendar days of temporary assistance
39and two payments of permanent assistance. A county may require
40that a recipient of homeless assistance benefits who qualifies under
P9    1this paragraph for a second time in a 24-month period participate
2in a homelessness avoidance case plan as a condition of eligibility
3for homeless assistance benefits. The county welfare department
4shall immediately inform recipients who verify domestic violence
5by a sworn statement of the availability of domestic violence
6counseling and services, and refer those recipients to services upon
7request.

8(iv) If a county requires a recipient who verifies domestic
9violence by a sworn statement to participate in a homelessness
10avoidance case plan pursuant to clause (iii), the plan shall include
11the provision of domestic violence services, if appropriate.

12(v) If a recipient seeking homeless assistance based on domestic
13violence pursuant to clause (iii) has previously received homeless
14avoidance services based on domestic violence, the county shall
15review whether services were offered to the recipient and consider
16what additional services would assist the recipient in leaving the
17domestic violence situation.

18(vi) The county welfare department shall report necessary data
19to the department through a statewide homeless assistance payment
20indicator system, as requested by the department, regarding all
21recipients of aid under this paragraph.

22(F) The county welfare departments, and all other entities
23participating in the costs of the CalWORKs program, have the
24right in their share to any refunds resulting from payment of the
25permanent housing. However, if an emergency requires the family
26to move within the 12-month period specified in subparagraph
27(E), the family shall be allowed to use any refunds received from
28its deposits to meet the costs of moving to another residence.

29(G) Payments to providers for temporary shelter and permanent
30housing and utilities shall be made on behalf of families requesting
31these payments.

32(H) The daily amount for the temporary shelter special needs
33benefit for homeless assistance may be increased if authorized by
34the current year’s Budget Act by specifying a different daily
35allowance and appropriating the funds therefor.

36(I) No payment shall be made pursuant to this paragraph unless
37the provider of housing is a commercial establishment, shelter, or
38person in the business of renting properties who has a history of
39renting properties.

P10   1(g) The department shall establish rules and regulations ensuring
2the uniform statewide application of this section.

3(h) The department shall notify all applicants and recipients of
4aid through the standardized application form that these benefits
5are available and shall provide an opportunity for recipients to
6apply for the funds quickly and efficiently.

7(i) (A) Except for the purposes of Section 15200, the amounts
8payable to recipients pursuant to Section 11453.1 shall not
9constitute part of the payment schedule set forth in subdivision
10(a).

11(B) The amounts payable to recipients pursuant to Section
1211453.1 shall not constitute income to recipients of aid under this
13section.

14(j) For children receiving Kin-GAP pursuant to Article 4.5
15(commencing with Section 11360) or Article 4.7 (commencing
16with Section 11385) there shall be paid, exclusive of any amount
17considered exempt as income, an amount of aid each month, which,
18when added to the child’s income, is equal to the rate specified in
19Sections 11364 and 11387.

20(k) (1) A county shall implement the semiannual reporting
21requirements in accordance with Chapter 501 of the Statutes of
222011 no later than October 1, 2013.

23(2) Upon completion of the implementation described in
24paragraph (1), each county shall provide a certificate to the director
25certifying that semiannual reporting has been implemented in the
26county.

27(3) Upon filing the certificate described in paragraph (2), a
28county shall comply with the semiannual reporting provisions of
29this section.

begin delete

30(l) This section shall become operative on July 1, 2015.

end delete
31

SEC. 2.  

No appropriation pursuant to Section 15200 of the
32Welfare and Institutions Code shall be made for purposes of
33implementing this act.

34

SEC. 3.  

If the Commission on State Mandates determines that
35this act contains costs mandated by the state, reimbursement to
36local agencies and school districts for those costs shall be made
37pursuant to Part 7 (commencing with Section 17500) of Division
384 of Title 2 of the Government Code.



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