Amended in Assembly April 5, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2631

Introduced by Assembly Member Santiago

February 19, 2016

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

LEGISLATIVE COUNSEL’S DIGEST

AB 2631, as amended, Santiago. CalWORKs: housing assistance.

Existing law establishes the California Work Opportunity and Responsibility to Kids (CalWORKs) program under which, through a combination of federal, state, and county funds, each county provides cash assistance and other benefits to qualified low-income families. As part of the CalWORKs program, a homeless family that has used all available liquid resources in excess of $100 may be eligible for homeless assistance benefits to pay the costs of temporary shelter. The CalWORKs program also provides permanent housing assistance to pay rent or a security deposit, as specified, in order to secure housing for the family or prevent eviction. Under existing law, eligibility for homeless assistance is limited to one period of up to 16 consecutive days in a lifetime, and eligibility for permanent housing assistance is limited to one payment of assistance, subject to specified exceptions for homelessness caused by domestic violence, illness, or sudden or unusual circumstances beyond the control of the family. Existing law authorizes a county to require certain recipients of homeless assistance to participate in a homelessness avoidance case plan as a condition of eligibility for homeless assistance benefits.

This bill would increase the duration of homeless assistance benefits to 30 days and would delete the limitation on the number of times a recipient may receive homeless assistance or permanent housing assistance benefits. begin insert The bill would limit the number of times a family may receive temporary shelter assistance to once per year. end insert The bill would also delete the authority for the county to require a homelessness avoidance case plan as a condition of eligibility for homeless assistance benefits. Because this bill would increase the administrative duties of counties, it 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:

SECTION 1.  

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

11450.  

(a) (1) (A) Aid shall be paid for each needy family,
which shall include all eligible brothers and sisters of each eligible
applicant or recipient child and the parents of the children, but
shall not include unborn children, or recipients of aid under Chapter
3 (commencing with Section 12000), qualified for aid under this
chapter. In determining the amount of aid paid, and notwithstanding
the minimum basic standards of adequate care specified in Section
11452, the family’s income, exclusive of any amounts considered
exempt as income or paid pursuant to subdivision (e) or Section
11453.1, determined for the prospective semiannual period
pursuant to Sections 11265.1, 11265.2, and 11265.3, and then
calculated pursuant to Section 11451.5, shall be deducted from
the sum specified in the following table, as adjusted for
cost-of-living increases pursuant to Section 11453 and paragraph
(2). In no case shall the amount of aid paid for each month exceed
the sum specified in the following table, as adjusted for
cost-of-living increases pursuant to Section 11453 and paragraph
(2), plus any special needs, as specified in subdivisions (c), (e),
and (f):

 

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

 

(B) If, when, and during those times that the United States
government increases or decreases its contributions in assistance
of needy children in this state above or below the amount paid on
July 1, 1972, the amounts specified in the above table shall be
increased or decreased by an amount equal to that increase or
decrease by the United States government, provided that begin delete no end delete begin insert any end insert
increase or decrease shall begin insert not end insert be subject to subsequent adjustment
pursuant to Section 11453.

(2) The sums specified in paragraph (1) shall not be adjusted
for cost of living for the 1990-91, 1991-92, 1992-93, 1993-94,
1994-95, 1995-96, 1996-97, and 1997-98 fiscal years, and through
October 31, 1998, nor shall that amount be included in the base
for calculating any cost-of-living increases for any fiscal year
thereafter. Elimination of the cost-of-living adjustment pursuant
to this paragraph shall satisfy the requirements of Section 11453.05,
and begin delete no end delete begin insert a end insert further reduction shall begin insert not end insert be made pursuant to that
section.

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

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

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

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

(d) For children receiving AFDC-FC under this chapter, there
shall be paid, exclusive of any amount considered exempt as
income, an amount of aid each month that, when added to the
child’s income, is equal to the rate specified in Section 11460,
11461, 11462, 11462.1, or 11463. In addition, the child shall be
eligible for special needs, as specified in departmental regulations.

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

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

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

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

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

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

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

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

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

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

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

(C) The special needs benefit for permanent housing assistance
is also available to cover the standard costs of deposits for utilities
begin delete which end delete begin insert that end insert are necessary for the health and safety of the family.

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

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

(ii) A family shall be eligible for temporary and permanent
housing assistance when homelessness is a direct result of domestic
violence by a spouse, partner, or roommate; physical or mental
illness that is medically verified that shall not include a diagnosis
of alcoholism, drug addiction, or psychological stress; or, the
uninhabitability of the former residence caused by sudden and
unusual circumstances beyond the control of the family including
natural catastrophe, fire, or condemnation. These circumstances
shall be verified by a third-party governmental or private health
and human services agency, except that domestic violence may
also be verified by a sworn statement by the victim, as provided
under Section 11495.25. The county welfare department shall
immediately inform recipients who verify domestic violence by a
sworn statement of the availability of domestic violence counseling
and services, and refer those recipients to services upon request.

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

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

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

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

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

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

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

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

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

(2) The amounts payable to recipients pursuant to Section
11453.1 shall not constitute income to recipients of aid under this
section.

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

(k) (1) A county shall implement the semiannual reporting
requirements in accordance with Chapter 501 of the Statutes of
2011 no later than October 1, 2013.

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

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

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

SEC. 2.  

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

SEC. 3.  

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