BILL ANALYSIS                                                                                                                                                                                                    Ó






                                                                      SB 23


                                                                     Page A


          Date of Hearing:   July 14, 2015


                        ASSEMBLY COMMITTEE ON HUMAN SERVICES


                                  Kansen Chu, Chair


          SB  
          23 (Mitchell) - As Introduced December 1, 2014


          SENATE VOTE:  27-6


          SUBJECT:  CalWORKs: eligibility.


          SUMMARY:  Repeals the maximum family grant (MFG) or "family cap"  
          rule under the California Work Opportunity and Responsibility to  
          Kids (CalWORKs) program.


          Specifically, this bill:


          1)Prohibits requiring an applicant or recipient of CalWORKs aid  
            to do any of the following as a condition of eligibility:

             a)   Divulge that any member of the assistance unit is a  
               victim of rape or incest;

             b)   Share confidential medical records related to any member  
               of the assistance unit's rape or incest; or 

             c)   Use contraception, choose a particular method of  
               contraception, or divulge the method of contraception that  
               any member of the assistance unit uses.











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          1)Prohibits denial of aid or denial of an increase in the  
            maximum aid payment to a CalWORKs applicant or recipient due  
            to a child being born into the applicant's or recipient's  
            family while the family is receiving CalWORKs aid.

          2)Repeals Section 11450.04 of the Welfare and Institutions Code,  
            which establishes the MFG rule, including exclusions for  
            families in which a mother reports she is a victim of rape or  
            incest or in instances where specified methods of  
            contraception fail.

          3)Specifies that any increased benefit payment resulting from  
            this bill will occur after January 1, 2016, and a CalWORKs  
            applicant or recipient will not be entitled to a retroactive  
            benefit payment increase as a result of repealing the prior  
            statute.

          4)Prohibits an appropriation for the purposes of this act, as  
            specified.

          5)Declares a number of legislative findings pertaining to the  
            impact of the MFG rule on families, including that the Maximum  
            Family Grant rule makes poor children poorer, reducing the  
            income of families with infants to below 30% of the federal  
            poverty level.

          EXISTING LAW:   





          1)Establishes under federal law the Temporary Assistance for  
            Needy Families (TANF) program to provide aid and  
            welfare-to-work services to eligible families and, in  
            California, provides that TANF funds for welfare-to-work  
            services are administered through the CalWORKs program.  (42  
            U.S.C. 601 et seq., WIC 11200 et seq.) 











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          2)Establishes income, asset and real property limits used to  
            determine eligibility for the program, including net income  
            below the Maximum Aid Payment (MAP), based on family size and  
            county of residence, which is around 40% of the Federal  
            Poverty Level.  (WIC 11450, 11150 et seq.)

          3)Prohibits an increase in aid based on an increase in the  
            number of needy persons in a family due to the birth of an  
            additional child, if the family has received aid continuously  
            for the 10 months prior to the birth of the child, as  
            specified.  (WIC 11450.04 (a))

          4)Exempts this prohibition in the following circumstances: 

             a)   Any child who was conceived as a result of an act of  
               rape, as defined in Sections 261 and 262 of the Penal Code,  
               if the rape was reported to a law enforcement agency,  
               medical or mental health professional or social services  
               agency prior to, or within three months after, the birth of  
               the child;

             b)   Any child who was conceived as a result of an incestuous  
               relationship if the relationship was reported to a medical  
               or mental health professional or a law enforcement agency  
               or social services agency prior to, or within three months  
               after, the birth of the child or if paternity has been  
               established;

             c)   Any child who was conceived as a result of contraceptive  
               failure if the parent was using an intrauterine device, a  
               Norplant, or the sterilization of either parent;

             d)   If the family does not receive aid for two consecutive  
               months during the 10-months prior to the child's birth;

             e)   Children born on or before November 1, 1995;











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             f)   Any child who would qualify for the maximum family grant  
               cap if the family did not receive aid for 24 consecutive  
               months while the child was living with the family;

             g)   Any child conceived when either parent was a non-needy  
               caretaker relative; and

             h)   Any child who is no longer living in the same home with  
               either parent.  (WIC 11450.04 (b))

          16)Requires 100% of any child support payment received for a  
            child who is born under the maximum family grant (MFG) cap,  
            and therefore not aided as part of the assistance unit, to be  
            paid to the family.  Additionally, prohibits any such child  
            support payment from being counted as income in calculating  
            CalWORKs benefits.  (WIC 11450.04(e))

          17)Requires each county welfare department to notify recipients  
            of the MFG provisions in writing at the time of application  
            and recertification, as specified.  (WIC 11450.04(f))

          18)Requires the state Department of Social Services (DSS) to  
            seek appropriate federal waivers to implement the MFG limit  
            and associated conditions, as specified, and directs DSS to  
            implement the rule on the date the waiver is received by  
            declaration of the department's director.  (WIC 11450.04(g))

          19)Establishes a 48-month lifetime limit of CalWORKs benefits  
            for eligible adults, including a CalWORKs welfare-to-work  
            24-month time clock, upon exhaustion of which a recipient must  
            meet federal work requirements in order to retain eligibility.  
             (WIC 11454, 11322.85) 

          20)Requires all individuals over 16 years of age, unless they  
            are otherwise exempt, to participate in welfare-to-work  
            activities as a condition of eligibility for CalWORKs.  (WIC  
            11320.3, 11322.6)












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          21)Establishes the number of weekly hours of welfare-to-work  
            participation necessary to remain eligible for aid, including  
            requirements for an unemployed parent in a two-parent  
            assistance unit, as specified.  (WIC 11322.8)

          FISCAL EFFECT:  According to the April 7, 2015 analysis of the  
          Senate Appropriations Committee, this bill is expected to have  
          the following fiscal impact:


          a)Major increase in CalWORKs grant costs in the range of $188  
            million to $220 million (General Fund) annually based on data  
            from county consortia indicating 13.3% of all children in  
            CalWORKs households (134,900 children) are currently impacted  
            by the MFG rule. 

          b)Potential future additional CalWORKs grant costs of $3.5  
            million to $4.1 million (General Fund) for every 2,500  
            children born into CalWORKs families each year who otherwise  
            would have been subject to the MFG rule, with annual costs  
            cumulatively increasing in subsequent years. 

          c)Potential reduction in CalFresh benefits (Federal Fund) for a  
            percentage of families due to the increase in CalWORKs grant  
            levels under the repeal of the MFG rule.  While many families  
            may not experience a reduction due to their limited or lack of  
            income, for every 10% of families that are impacted, CalFresh  
            benefits could decline by up to $5.6 million to $6.6 million  
            annually. 

          d)Ongoing potential cost savings in averted administrative  
            hearings related to challenges to MFG determinations.  At an  
            estimated cost of $1,025 per hearing, elimination of 250  
            hearings per year would result in cost savings of over  
            $250,000 (General Fund) per year.

          e)Potential minor offset to CalWORKs grant cost increases due to  
            child support payments considered countable income in lieu of  
            being provided to the CalWORKs family under the MFG rule.











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          f)One-time costs likely significant and in excess of $150,000  
            (General Fund) for automation changes necessary to implement  
            eligibility changes.
          COMMENTS:


          CalWORKs:  The California Work Opportunity and Responsibility to  
          Kids (CalWORKs) program provides monthly income assistance and  
          employment-related services aimed at moving children out of  
          poverty and helping families meet basic needs.  Federal funding  
          for CalWORKs comes from the Temporary Assistance for Needy  
          Families (TANF) block grant.  The average 2015-16 monthly cash  
          grant for a family of three on CalWORKs (one parent and two  
          children) is $506.55, and the maximum monthly grant amount for a  
          family of three, if the family has no other income and lives in  
          a high-cost county, is $704.  According to recent data from the  
          California Department of Social Services, over 540,000 families  
          rely on CalWORKs, including over one million children.  Nearly  
          80% of the children are under age twelve and almost 40% are  
          under age five.

          History of the Maximum Family Grant rule:  In the early 1990's,  
          ongoing controversy regarding the existence and nature of  
          "intergenerational welfare" and whether the availability of  
          public assistance benefits motivated family formation patterns  
          became the backdrop for the first statewide family cap policy,  
          which was implemented in New Jersey in 1992.  Under the Aid to  
          Families with Dependent Children (AFDC) program, states needed  
          waivers to implement family cap policies, which required states  
          to conduct rigorous evaluations of their policies and identify  
          whether the policies achieved their intended goals.  In 1992,  
          Governor Wilson put Proposition 165 on the ballot, which was a  
          welfare reform and budget powers initiative that included family  
          cap provisions.  After the ballot initiative was rejected by  
          voters (54%-46%), implementation of a family cap policy in the  
          state was delayed until AB 473 (Brulte), Chapter 196, Statutes  
          of 1994 created California's maximum family grant (MFG) rule.   
          Upon passage, California was still required to obtain a federal  











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          waiver to be able to implement the new MFG rule, as the rule was  
          inconsistent with AFDC regulations.  California's waiver  
          application was heavily contested.  
          The Personal Responsibility and Work Opportunity Reconciliation  
          Act of 1996 (PRWORA), which was the final piece of federal  
          welfare reform legislation, repealed the AFDC program and  
          created the block-granted Temporary Assistance for Needy  
          Families (TANF) program.  The new approach emphasized  
          integrating parents into the workforce and granted states  
          flexibility in implementing their respective programs.  Because  
          PRWORA eliminated the waiver requirement for family cap  
          policies, California proceeded with its MFG rule established  
          under AB 473 (Brulte) without a waiver.  The legislation was  
          based on the belief that increasing welfare grants for children  
          born into AFDC families may incentivize families to have  
          additional children for the explicit purpose of increasing their  
          monthly grant.  By limiting the grant amount, policymakers  
          believed families would be dissuaded from having additional  
          children.  Elimination of the waiver requirement for a family  
          cap policy under PRWORA allowed California to abandon any  
          efforts to prove the new rule's effectiveness.  California's MFG  
          policy has not been amended since its original enactment.


          How the MFG rule is applied:  The current MFG rule prohibits  
          CalWORKs aid payments, with certain exceptions, for a child that  
          is born into a family that has been receiving aid for 10 or more  
          continuous months.  In practical terms for the family, the grant  
          payment that was previously intended for only those members who  
          are aided is spread more thinly and used to also support the  
          newborn child in the family who isn't aided. 





          If a family receives aid for the 10 continuous months preceding  
          the birth of a child, that child is excluded and does not  
          receive an aid payment.  However, if the family is off aid for  











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          two or more months during the 10 month period preceding the  
          birth of the child, the 10 months are not considered to be  
          continuous, and the child does receive an aid payment.   
          Additionally, the MFG rule does not apply if a family returns to  
          aid after a break of two or more years during which the family  
          did not receive any aid, provided that the family still meets  
          eligibility requirements and aided children are still under 18  
          years old.





          Exceptions to the MFG rule:  Current statute allows aid payments  
          for a child who would otherwise be excluded from receiving aid  
          due to the MFG rule if the child is conceived due to incest or  
          rape and the incident has been reported to a law enforcement  
          agency, a medical or mental health professional or social  
          services prior to, or within three months after, the birth of  
          the child.  This aspect of the policy requires mothers-already  
          in a vulnerable state and in need of assistance to maintain  
          their family's safety and well-being-to report their  
          victimization, perhaps much sooner than they're ready to come  
          forward.  Additionally, it does not take into consideration the  
          possibility that a mother could be putting herself and her  
          children in danger if her attacker seeks retribution after she  
          makes such a report. 





          Statute also allows aid payments for a child who would otherwise  
          be excluded due to the MFG rule if the child is conceived due to  
          the failure of one of three contraception methods specified in  
          statute: an intrauterine device, Norplant, or sterilization of  
          either parent.  Not only does this aspect of the policy involve  
          government in the personal sexual health matters of recipients,  
          it also does not take into account any other validated methods  











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          of contraception or any of the personal safety and health  
          reasons for which a parent may choose to not use any of the  
          three specified methods or any other method of contraception  
          (e.g., age, spiritual or religious beliefs, or health status).   
          Additionally, the reference to one of the acceptable methods  
          specified in statute, Norplant, is outdated, as the product has  
          been discontinued for use in the United States. 





          Child support interactions:  Federal and state laws impose  
          requirements on families in welfare programs in order to  
          increase child support collections on behalf of families  
          applying for or receiving CalWORKs.  Unless the applicant or  
          recipient has good cause (e.g., fear of retaliation from an  
          abuser), he or she is required to cooperate with the local child  
          support agency to collect child support payments from absent  
          parents as a condition of eligibility for CalWORKs.  Child  
          support payments collected from non-custodial parents of  
          children in a CalWORKs family are retained by the state to  
          offset the cost of providing aid, with the exception of the  
          first $50 collected each month, which is passed on to the  
          CalWORKs family. 





          State law pertaining to the MFG rule provides that child support  
          collected on behalf of an excluded child must be paid entirely  
          to the family rather than to the state or county as  
          reimbursement for public assistance, and the child support  
          payment is not considered income for purposes of public benefit  
          calculations.  While this policy may be considered advantageous  
          for families with children who would otherwise not receive any  
          aid, the policy still results in a shortfall for many families.   
          Cases in which the non-custodial parent can't be located or  











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          can't afford to pay child support, or when the aided parent  
          doesn't have a waiver and would experience undue emotional  
          hardship due to having to maintain a connection with an abusive  
          or otherwise unstable non-custodial parent, there is no benefit  
          for the child excluded under the MFG rule.  Because this bill  
          repeals all MFG-related provisions in statute, it deletes the  
          requirement that all child support be passed through for  
          children subject to the MFG rule, thereby aligning child support  
          pass-through practices for all children in the CalWORKs program.





          Family cap policies in other states:  There are currently only  
          15 other states with family cap policies in effect for their  
          TANF programs, eight of which implement a full child exclusion  
          from aid similar to California.  Among the remaining seven  
          states, three have a partial exclusion and increase the family's  
          aid payment by a reduced amount, two more increase a parent's  
          earned income disregard rather than provide cash aid, and  
          another provides the family with a voucher for benefits instead  
          of cash aid. <1>





          Need for this bill:  While the average grant for a parent and  
          two children on CalWORKs is $506.55-provided the parent has  
          other income-the maximum monthly grant for that same family with  
          ---------------------------


          <1>


           Huber, Erika, David Kassabian, and Elissa Cohen (2014). Welfare  
          Rules Databook: State TANF Policies as of July 2013, OPRE Report  
          2014-52, Washington, DC: Office of Planning, Research and  
          Evaluation, Administration for Children and Families, US  
          Department of Health and Human Services.








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          no other income is $704 in the state's 17 high-cost counties and  
          $670 in the 41 other counties.  A monthly maximum grant amount  
          of $670 means $22.33 per day, per family, or $7.44 per family  
          member, per day to meet basic needs, including rent, clothing,  
          utility bills, food, and anything else a family needs to ensure  
          children can be cared for at home and safely remain with their  
          families.  This grant amount puts the annual household income at  
          $8,040 per year, or 40% of poverty.  Federal Poverty Guidelines  
          for 2015 show that 100% of poverty for a family of three is  
          $20,090 per year.   


           In most cases, the additional amount of aid that a family would  
          receive to provide for a child that is currently excluded from  
          aid due to the MFG rule would be around $125 per month.   
          However, if a mother receives CalWORKs aid for herself and her  
          two children, but has another child that is excluded from aid  
          due to the MFG rule, that $22.33 per day from the monthly grant  
          amount of $670 is spread even more thinly and becomes $5.58 per  
          family member, per day.  This is a nominal amount that will  
          likely not cover all of a child's needs, but without this  
          additional grant amount, families are slipping even deeper into  
          poverty.


          Data from the National Low Income Housing Coalition (NLIHC)  
          further demonstrate the shortcomings of the maximum monthly  
          CalWORKs grant amounts even before stretching aid to care for a  
          new baby born into a family receiving aid.  According to NLIHC,  
          the average fair market rent for a studio apartment in  
          California is currently $915 per month.  In Alameda County,  
          which is one of the state's high-cost counties for purposes of  
          calculating CalWORKs eligibility and determining aid payments,  
          the rent required for a studio jumps up to $1,039 per month.   
          Fair market rent for a studio apartment is $788 per month in San  
          Bernardino County, which is one of the state's 41 low-cost  
          counties in which the monthly maximum aid payment for a parent  
          and two children is $670.












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          According to the author, explaining the need for this bill as it  
          pertains to the health of California's families, "As states have  
          realized the long term health consequences of denying services  
          to infants, there has been a movement to repeal MFG policies.   
          California must protect the health of children born into extreme  
          poverty and repeal this draconian and ineffective rule.  The MFG  
          rule has not led to changes in birthrates among poor women but  
          has resulted in women being forced to make desperate decisions  
          that endanger the health and safety of themselves and their  
          children."

          PRIOR LEGISLATION:


          
          SB 899 (Mitchell) 2014, was identical to this bill.  It died on  
          the Senate Appropriations Committee Suspense File.

          AB 271 (Mitchell) 2013, also would have eliminated the family  
          cap and was amended to make all aid payments resulting from the  
          repeal of the rule prospective.  It died on the Senate  
          Appropriations Committee Suspense File.


          AB 833 (Yamada) 2011, would have eliminated the family cap  
          exclusion, as of January 1, 2012, for any child with a  
          disability under the federal Individuals with Disabilities  
          Education Act (IDEA).  Died in the Assembly Human Services  
          Committee.


          AB 22 (Lieber) 2007, would have eliminated the family cap  
          exclusion of children born into CalWORKs families by phasing out  
          the policy, beginning with any child born on or after January 1,  
          2008 and would have completely repealed the family cap by  
          January 1, 2011.  Died in the Assembly Appropriations Committee.


          AB 473 (Brulte) Chapter 196, Statutes of 1994, created  











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          California's maximum family grant (MFG) rule and required  
          California to obtain a federal waiver to implement it.


          REGISTERED SUPPORT / OPPOSITION:




          Support


          ACCESS Women's Health Justice - co-sponsor
          ACT for Women and Girls
          Advancement Project
          Alameda County Board of Supervisors


          Alameda County Community Food Bank
           Alameda County Social Services Agency
          Alliance of Californians for Community Empowerment (ACCE)
          American Association of University Women (AAUW)
          American Civil Liberties Union of California
          American Federation of State, County and Municipal Employees  
          (AFSCME), AFL-CIO
          Asian Law Alliance
          Bay Area Legal Aid
          Binational Center for the Development of Oaxacan Indigenous  
          Communities
          Black Women for Wellness
          Business and Professional Women of Nevada County
          California Association of Food Banks
          California Black Health Network (CBHN)
          California Catholic Conference of Bishops
          California Family Health Council (CFHC)
          California Family Resource Association
          California Food Policy Advocates (CFPA)
          California Hunger Coalition (CHAC)
          California Immigrant Policy Center











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          California Labor Federation
          California Latinas for Reproductive Justice (CLRJ) - co-sponsor
          California Nurses Association
          California Pan-Ethic Health Network (CPEHN)
          California Partnership to End Domestic Violence (the  
          Partnership)
          California Partnership
          California Rural Legal Assistance Foundation (CRLAF)
          California WIC Association
          Center for Law and Social Policy (CLASP)
          Center on Reproductive Rights and Justice, UC Berkeley
          Central California Legal Services, Inc.
          Child Care Alliance of Los Angeles
          Child Care Law Center


          Children Now
          Children's Defense Fund-California (CDF-CA)
          Citizens for Choice
          City and County of San Francisco
          Coalition of California Welfare Rights Organization


          Consumer Attorneys of California
          County Welfare Directors Association of CA (CWDA), co-sponsor


          Courage Campaign
          East Bay Community Law Center - co-sponsor
          Ella Baker Center for Human Rights
          Equal Rights Advocates (ERA)
          Family Violence Law Center (FVLC)
          First 5 Monterey County
          Food for People, Inc., Humboldt County
          Forward Together
          Friends Committee on Legislation of California (FCLCA)
          Guam Communications Network
          Having Our Say (HOS)
          Hunger Action Los Angeles











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          Hunger Advocacy Network
          Jewish Family Service of Los Angeles (JFS)
          Latino Coalition for a Healthy California
          Law Foundation of Silicon Valley
          League of Women Voters of CA
          Legal Services of Northern California
          LIUNA Locals 777 & 792
          Los Angeles County Board of Supervisors
          Lutheran Office of Public Policy
          Monterey County Board of Supervisors
          National Association of Social Workers, CA Chapter (NASW-CA)
          9to5, National Association of Working Women


          National Council of Jewish Women


              Contra Costa
              Long Beach
              Los Angeles
              Sacramento


          National Health Law Program (NHeLP)
          National Lawyers Guild San Francisco San Francisco Bay Area  
          Chapter (NLGSF)
          National Women's Law Center
          National Women's Political Caucus of CA (NWPCCA)
          Pacific Islander Cancer Survivors Network
          Parent Voices
          Physicians for Reproductive Health
          Planned Parenthood Action Fund, Santa Barbara, Ventura and San  
          Luis Bispo Counties
          Planned Parenthood Advocacy Project Los Angeles County
          Planned Parenthood Affiliates of California (PPAC)
          Planned Parenthood Community Action Fund Orange and San  
          Bernardino Counties
          Planned Parenthood Northern California Action Fund
          Planned Parenthood Pasadena and San Gabriel Valley











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          Public Interest Law Project ("PILP")
          River City Food Bank
          Riverside All of Us or None
          Rubicon Programs
          Sacramento County Hunger Coalition
          San Diego Hunger Coalition
          San Luis Obispo County 
          San Mateo County Board of Education
          Santa Clara County Board of Supervisors
          Santa Cruz County First District Supervisor
          SEIU


          Solano County Board of Supervisors


          St. Anthony Foundation 
          Strong Hearted Native Women's Coalition, Inc.
          Stronger California Advocates Network
          The Feminist Agenda Network
          Time for Change Foundation
          United Ways of California
          Violence Prevention Coalition of Greater Los Angeles
          Vision Compromiso
          Voices for Progress
          Western Center on Law and Poverty, co-sponsor


          Western Regional Advocacy Project, (WRAP)
          Women Lawyers of Sacramento
          Women's Community Clinic
          Women's Foundation of California
          5 individuals

          Opposition


          












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          None on file.





          Analysis Prepared by:Myesha Jackson / HUM. S. / (916)  
          319-2089