BILL ANALYSIS                                                                                                                                                                                                    �






                                  SENATE HUMAN
                               SERVICES COMMITTEE
                            Senator Jim Beall, Chair


          BILL NO:       AB 1452                                      
          A
          AUTHOR:        Stone                                        
          B
          VERSION:       April 2, 2014
          HEARING DATE:  June 10, 2014                                
          1
          FISCAL:        Yes                                          
          4
                                                                      
          5
          CONSULTANT:    Mareva Brown                                 
          2

                                        

                                     SUBJECT
                                         
                    CalWORKs: temporary homeless assistance

                                     SUMMARY  

          This bill would increase the amount of CalWORKs homeless  
          assistance from $65 to $75 per day for families of up to 4  
          members, and would increase the daily maximum from $125 to  
          $135 for families with additional members. The bill would  
          require that this amount be adjusted annually to reflect  
          any increases or decreases in the cost of living. 

                                     ABSTRACT  

           Existing law: 
           
             1)   Establishes in federal law the Temporary Assistance  
               for Needy Families (TANF) program to provide  
               assistance to needy families so that children may be  
               cared for in their own homes or in the homes of  
               relatives, and to end the dependence on government  
               benefits by promoting job preparation, work and  
               marriage. (45 CFR 260.2)

                                                         Continued---




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             2)   Establishes the California Work Opportunity and  
               Responsibility to Kids (CalWORKs) Act, to provide cash  
               benefits, employment training and other supports to  
               low-income families through a combination of state and  
               county funds and federal funds through the TANF block  
               grant. (WIC 11200, et seq.)


             3)   Establishes a calculation for providing aid to  
               families of various sizes and provides a  
               cost-of-living adjustment for those payments. (WIC  
               11450)


             4)   Provides that additional cash benefits may be  
               granted to individuals for recurring and nonrecurring  
               special needs, as specified, including homeless  
               assistance for families that are homeless and seeking  
               shelter, as defined. (WIC 11450 (e) and (f))


             5)   Provides that sixty-five dollars ($65) a day shall  
               be available to families of up to four members for the  
               costs of temporary shelter and that 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). Permits county welfare  
               departments to increase the daily amount available for  
               temporary shelter as necessary to secure the  
               additional bed space needed by the family. (WIC 11450  
               (f)(2)(A)(i))


             6)   Requires that the maximum aid payment rate be  
               adjusted annually by the department to reflect any  
               increases or decreases in the cost of living. (WIC  
               11453)


           This bill:
           
             1)   Increases the daily allowance for homeless  
               assistance to $75 per day for families up to four  





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               members, and a maximum of $135 per day for larger  
               families.
                
             2)   Requires homeless assistance funding be added to  
               those benefits subject to the annual cost-of-living  
               adjustments.  

                                  FISCAL IMPACT  

          An analysis prepared by the Assembly Committee on  
          Appropriations estimated provisions of this bill could cost  
          in excess of $3 million in housing benefits and an  
          additional $75,000 annually to counties for increased grant  
          costs.

                            BACKGROUND AND DISCUSSION  

           Purpose of the bill:

           According to the author, AB 1452 helps address the real  
          costs of temporary housing for homeless CalWORKs families.  
          California's one-time cash assistance benefit for eligible  
          families who are facing homelessness is $65 for a family of  
          four. The assistance is designed to help families afford a  
          hotel room or comparable lodging while they find more  
          permanent housing. AB 1452 increases the base benefit for  
          temporary homeless assistance available through CalWORKs  
          from $65 to $75 for families of four or fewer. It requires  
          that this amount be adjusted annually to reflect increases  
          or decreases in the cost of living.

          The author states long-term and temporary homelessness have  
          detrimental effects on the physical and mental health and  
          well-being of children and families. Families who have  
          experienced homelessness have higher rates of family  
          separation in which children live apart from a parent or  
          guardian. According to the National Center on Family  
          Homelessness, homeless children are at high risk for being  
          placed in foster care, with 12% of homeless children  
          experiencing foster care compared to 1% of the rest of the  
          child population.   

           Homelessness

           Rising rental prices, decreased availability of federal  





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          housing vouchers and continued effects of the Great  
          Recession have thwarted national and statewide efforts to  
          make substantial changes in the numbers of homeless people.  
          In 2010, the US Department of Housing and Urban Development  
          (HUD) created a federal strategic plan to prevent and end  
          homelessness by 2015. While that plan reports improvement  
          in some areas of homelessness - and specifically a decrease  
          in the numbers of people experiencing chronic homelessness  
          - the numbers of homeless families with children remains a  
          concern. 

          On a single January night in 2013, more than 610,000 people  
          were homeless. Of those, 222,000 were part of families,  
          accounting for 36 percent of all homeless people and 50  
          percent of people living in sheltered locations, according  
          to the 2013 Annual Homeless Assessment Report to Congress,  
          prepared by HUD. Nearly one-quarter (138,149) of homeless  
          people were children under the age of 18.

           California is home to nearly one-quarter of the nation's  
          homeless populations, some 136,826 people. Nearly 67  
          percent of them were unsheltered. And while the report  
          found that people in families were much more likely to be  
          sheltered (86 percent) than unsheltered, four California  
          cities were in the top five major U.S. cities with homeless  
          families who were unsheltered: in Fresno, 57 percent of  
          homeless families were unsheltered, followed by 49 percent  
          in Long Beach, 31 percent in Los Angeles, and 16 percent in  
          Oakland. Jacksonville, Florida, had a 15 percent rate of  
          unsheltered families. 

          Effect on children

          Homelessness has particularly damaging effects on children.  
          According to a fact sheet provided by the American  
          Psychological Association (APA),<1> nearly 1 million  
          homeless children were enrolled in public schools during  
          the 2009-2010 school year, a 38 percent increase from three  
          years prior. 

          The APA cites a series of adverse effects for children who  
          experience homelessness including a lack of stability  
          leading to disruptions in schooling and decreased academic  
          achievement, increased likelihood of grade repetition,  
          -------------------------
          <1> https://www.apa.org/pi/families/poverty.aspx?item=6




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          suspension or identification of a learning disability.  
          Homeless children are twice as likely to experience hunger  
          as their non-homeless peers, which has negative effects on  
          the physical, social, emotional and cognitive development  
          of children. 

          Additionally, according to a 2011 fact sheet prepared by  
          the National Center on Family Homelessness, children  
          experiencing homelessness face more psychological and  
          physical adversity than housed children. Specifically: 83  
          percent of homeless children had been exposed to at least  
          one serious violent event; homeless children are four times  
          more likely than housed children to have respiratory  
          infections and five times as likely to have  
          gastrointestinal problems; homeless children go hungry at  
          twice the rate of other children, and have three times the  
          rate of behavioral and emotional problems as housed  
          children.<2>
           
          CalWORKs

           The California Work Opportunity and Responsibility to Kids  
          (CalWORKs) program provides monthly income assistance and  
          employment-related services to move children out of poverty  
          and help families meet basic needs.  Federal funding for  
          CalWORKs comes from the Temporary Assistance for Needy  
          Families (TANF) block grant.  The average monthly CalWORKs  
          cash grant for a family of three is $463, or $15.43 per day  
          to meet basic needs such as rent, clothing, utilities and  
          other necessities. A family of three receiving the average  
          grant amount would have an annual household income at  
          $5,556 per year -- about one quarter of the Federal Poverty  
          Guidelines level for the same size family of $19,790.   

          According to CDSS data, 554,292 families received CalWORKs  
          benefits in January 2014, including more than 1 million  
          children.  Nearly 80% of the children were under age 12.  
          While federal law limits cash assistance to a family with  
          an adult to 60 months, California law limits eligibility  
          for the CalWORKs program to 24 months, although benefits to  
          families may be extended to 48 months if families meet  
          federal work participation requirements. Benefits solely  
          for children may be extended beyond that date if the family  
          continues to meet income eligibility.
          -------------------------
          <2> http://www.familyhomelessness.org/media/306.pdf




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           Homeless Assistance program

          A CalWORKs family is considered homeless under WIC 11450  
          (f) when the family lacks a fixed and regular nighttime  
          residence or under other specific conditions. These can  
          include that 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 also is considered homeless under California law  
          if the family has received a notice to pay rent or quit.  
          The family must 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. 

          Benefits are allocated either for temporary shelter or for  
          permanent housing assistance, and are limited to 16  
          consecutive days of temporary assistance and one payment of  
          permanent assistance. If a family demonstrates that it is  
          homeless, it may receive a nonrecurring special-need  
          benefit of $65 per day for families of up to four members  
          for the costs of temporary shelter. The fifth and  
          additional members of the family receive $15 per day, up to  
          a maximum of $125, although statute permits county welfare  
          departments to increase the daily allotment for temporary  
          shelter as necessary to secure needed bed space. In January  
          2014, there were 24,755 days authorized for CalWORKs  
          temporary shelter.  

          According to a worldwide Hotel Price Index,<3> California's  
          average hotel price was $118 per night in 2009, the most  
          recent year available, although average rates varied  
          throughout the state. In Sacramento, for example, the  
          average was $102 per night; Fresno hotels averaged $122 per  
          night and Santa Barbara's hotel average was $148 per night.  
          -------------------------
          <3>  
          http://files.hotel-price-index.com/2010/full-year/pdf/2010-M 
          arch-HPI-USA.pdf




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          The nation's lowest average price, in Macon, Ga., was $75  
          per night.

           Related legislation
           
          AB 264 (Maienschein), 2014, deletes the requirement that  
          CalWORKs temporary shelter assistance be provided for a  
          lifetime limit of 16 consecutive days, and instead allows a  
          family to receive temporary shelter assistance for a  
          lifetime limit of 16 calendar days, with certain  
          exceptions.

          AB 1808 (Committee on Budget) Chapter 75, Statutes of 2006,  
          increased the daily homeless allowance from $40 to $65 and  
          added criteria for eligibility that permitted assistance to  
          avoid eviction. 

                                     COMMENTS
           
          Due to a number of information technology changes to  
          welfare systems statewide, staff recommends moving the  
          implementation date of this bill to April 1, 2015, to allow  
          the Office of Systems Integration sufficient time to make  
          program changes. Staff recommends the following amendment: 

          Section 5:
           (a) Notwithstanding the Administrative Procedure Act  
          (Chapter 3.5 (commencing with Section 11340) of Part 1 of  
          Division 3 of Title 2 of the Government Code), the State  
          Department of Social Services shall implement this act  
          through an all-county letter or similar instructions from  
          the director no later than April 1, 2015.

          (b) The department shall adopt regulations as necessary to  
          implement this act no later than July 1, 2016.

                                         

                                  PRIOR VOTES  

          Assembly Floor           58 - 11
          Assembly Appropriations  13 - 4 
          Assembly Human Services    6 - 1 

                                         





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                                   POSITIONS  

          Support:       Coalition of California Welfare Rights  
          Organizations (co-sponsor)
                         Sacramento Regional Coalition to End  
                    Homelessness (co-sponsor)
                         AFSCME
                         California Alternative Payment Program 
                         California Catholic Conference, Inc.
                         California Communities United Institute
                         California Family Resource Association
                         California Partnership
                         California Police Chiefs Association, Inc.
                         California State Association of Counties
                         California Welfare Directors Association 
                         Community Food and Justice Coalition
                         Housing California
                         Legal Services for Prisoners With Children
                         Mutual Housing California     
                         National Association of Social Workers -  
                    California Chapter
                         Paratransit
                         River City Food Bank
                         St. Anthony Foundation
                         The County of Santa Clara
                         Western Center on Law and Poverty

          Oppose:   California Department of Finance



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