BILL ANALYSIS                                                                                                                                                                                                    �




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                          SB 480 (Vargas)
          
          Hearing Date: 05/16/2011        Amended: 05/02/2011
          Consultant: Jolie Onodera       Policy Vote: Human Services 7-0
          
















































          _________________________________________________________________
          ____
          BILL SUMMARY: SB 480 would do the following with respect to the 
          California Work Opportunity and Responsibility to Kids 
          (CalWORKs) program:
                 Requires counties to proactively seek information at the 
               time of application or redetermination for aid to determine 
               whether or not the applicant or recipient is or has been a 
               victim of domestic violence; 
                 Requires counties to waive for the purposes of CalWORKs, 
               conditions of eligibility, program requirements, or the 
               time limit for good cause for an applicant or recipient who 
               is a victim of abuse, under specified conditions;
                 Requires any month in which good cause exists for 
               excusing participants from welfare to work activities from 
               being counted as a month of aid towards the CalWORKs 
               48-month time limit;
                 Requires counties to disregard specified income and 
               resources for the purposes of determining eligibility of 
               aid for a victim of abuse;
                 Requires certain cases to be excluded in determining 
               whether a county has met work participation requirements 
               under the federal Temporary Assistance for Needy Families 
               (TANF) program.
          _________________________________________________________________
          ____
                            Fiscal Impact (in thousands)

           Major Provisions         2011-12      2012-13       2013-14     Fund
           
          Mandatory screening    Unknown; potentially significant General
          for domestic violence  state-reimbursable costs in excess
                                 of $2,800 to $5,600 annually
                                 
          Income/asset disregard Unknown; potentially major             
          Federal/General/Local
          for victims of abuse; waiver      CalWORKs grant, services,
          of eligibility conditions,        and administration costs
          program requirements, and         
          good cause time limits 
          _________________________________________________________________
          ____

          STAFF COMMENTS: This bill meets the criteria for referral to the 
          Suspense File. 









          SB 480 (Vargas)
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          Existing law requires each county to provide cash assistance and 
          other social services to needy families through the CalWORKs 
          program using federal TANF block grant, state, and county funds.

          This bill requires that counties shall proactively seek 
          information at the time of application or redetermination of aid 
          to determine whether or not the applicant/recipient is or has 
          been a victim of domestic violence. To the extent this 
          requirement results 

          in additional duties on county eligibility workers would result 
          in state-reimbursable costs of an unknown, but potentially 
          significant amount. The amount of additional time that may be 
          required is unknown and would vary on a case-by-case basis. 
          Screening applicants to ascertain whether they are victims of 
          domestic violence can be a very sensitive matter for victims, 
          and a discussion of confidentiality would be needed with an 
          explanation of the domestic violence waiver, its potential 
          benefits and the fact that the information is needed to 
          determine eligibility. An additional five to ten minutes per 
          case to proactively seek to obtain information would result in 
          significant reimbursable state costs of approximately $2.8 
          million to $5.6 million annually based on an estimated caseload 
          of 583,000 cases and a CalWORKs eligibility worker cost of 
          $57.57 per hour. While some counties may currently be screening 
          applicants for domestic violence, mandating that counties 
          proactively seek this information could be considered a higher 
          level of service than currently required under existing law.

          Additionally, although counties currently have standards for 
          training curriculum for domestic abuse, counties have the 
          flexibility to determine who is to be trained, as well as when 
          and how that training shall occur. To the extent counties expand 
          training standards to cover more staff or revise existing 
          training programs to be more comprehensive or more frequent 
          could also result in unknown but potentially significant 
          state-reimbursable costs to comply with the provisions of this 
          bill.

          Existing law requires a county to redetermine CalWORKs 
          eligibility and grant levels on a quarterly basis, and 
          recipients are required to report specified changes in income or 
          eligibility that could affect the amount of aid to which the 
          recipient is entitled. This bill would prohibit the 
          consideration of income and resources used to flee the abuser 








          SB 480 (Vargas)
          Page 4

          unless the county eligibility worker documents, in writing, an 
          independent, reasonable basis for believing that the income or 
          resources would not put the victim of abuse at further risk of 
          harm. This bill would also provide that sworn statements by a 
          victim of past or present abuse are sufficient to establish this 
          abuse. By disregarding income and resources for an unknown 
          number of cases would result in higher or additional months of 
          aid payments for those cases that would otherwise have been 
          ineligible or eligible for a lower CalWORKs grant payment had 
          their income and resources been considered. The number of cases 
          impacted is unknown, but could be substantial and would result 
          in CalWORKs grant, services, and administrative costs of an 
          unknown, but potentially significant amount. 

          This bill also requires a county to waive conditions of 
          eligibility, program requirements, or the time limit for good 
          cause for an applicant/recipient who has been identified as a 
          past or present victim of abuse, with any month in which good 
          cause exists for excusing participants from welfare to work 
          activities shall not be counted as a month of receipt of aid for 
          the purposes of the 48-month time limit. As a result, an unknown 
          number of applicants/recipients could qualify for additional 
          months on aid. For every one percent of CalWORKs cases (5,830 
          cases) who may be granted an additional six months of aid would 
          cost $4.5 million, assuming a CalWORKs grant cost for one adult 
          based on the difference in the 2-person vs. 3-person household 
          maximum aid payment as of June 2011.  Additional costs 
          associated with services and administration provided during the 
          extended time on aid would also be incurred.


          Existing law provides that if the state does not achieve 
          specified welfare-to-work outcomes required by federal law and 
          as a result is subject to a fiscal penalty, the penalty will be 
          shared equally by the state and the counties after exhaustion of 
          all available federal administrative remedies. Existing law 
          provides that only those counties that have failed to meet the 
          federal requirements are required to share in the fiscal penalty 
          imposed on the state. This bill would provide that in 
          determining whether a county has failed to meet federal work 
          requirements pursuant to state policy, the number of cases 
          subject to the federal work participation requirements is not to 
          include cases granted a waiver of work requirements pursuant to 
          good cause for domestic violence, cases granted a waiver of the 
          time limits pursuant to good cause for a victim of abuse, and 








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          cases where a waiver of welfare-to-work activities for victims 
          of abuse are not counted as a month of receipt of aid for the 
          purpose of the 48-month time limit. These provisions could 
          result in relieving some counties from sharing in the county 
          portion of the penalty, but should not result in any increased 
          General Fund costs to the state, as the assessed federal penalty 
          will still be shared equally by the state and counties that 
          failed to meet their respective work participation requirements.