AB 1654, as introduced, Bonilla. CalWORKs: assignment of child support.
Existing federal law provides for allocation of federal funds through the federal Temporary Assistance for Needy Families (TANF) block grant program to eligible states. Existing law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program for the allocation of federal funds received through the TANF program, under which each county provides cash assistance and other benefits to qualified low-income families. Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program.
Under existing law, a recipient of CalWORKs aid is required to assign to the county any rights to support from any other person that the recipient may have, on his or her behalf, or on behalf of any other family member for whom the recipient is receiving aid, not exceeding the total amount of CalWORKs cash assistance provided to the family. Existing law also requires the first $50 of any amount of child support collected in a month in payment of the required support obligation for that month to be paid to a recipient of CalWORKs aid, and prohibits this amount from being considered income or resources of the recipient family or being deducted from the amount of aid to which the family would otherwise be eligible.
This bill would increase that amount to $100 for a family with one child and $200 for a family with 2 or more children, or a greater amount if authorized by federal law. Because each county is required to pay for a share of CalWORKs aid grant costs, the bill would impose a state-mandated local program. The bill would also provide that no appropriation would be made for purposes of the bill pursuant to the provision continuously appropriating funds for the CalWORKs program.
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:
It is the intent of the Legislature to increase
2payments of child support obligations, improve the health and
3well-being of low-income children in single-parent homes, and to
4strengthen family unity by authorizing the maximum amount of
5child support permitted under federal law to be passed through to
6children who receive CalWORKs basic needs assistance.
Section 17504 of the Family Code is amended to read:
The firstbegin delete fifty dollars ($50)end deletebegin insert one hundred dollars ($100)end insert
9 of any amount of child support collected in a monthbegin insert for a family
10with one child, or two hundred dollars ($200) for a family with
11two or more children,end insert in payment of the required support obligation
12for that month shall be paid to a recipient of aid under Article 2
13(commencing with Section 11250) of Chapter 2 of Part 3 of
14Division 9 of the Welfare and Institutions Code,begin delete except recipients
15of foster care payments under Article 5 (commencing with Section
1611400) of Chapter 2 of Part 3 of Division
9 of the Welfare and
17Institutions Codeend delete
18States Code, or a similar federal law, specifies a greater amount,
19in which case the amount specified in federal law shall be paid to
P3 1the recipient. Child supportend insert
shall not be considered income or
2resources of the recipient familybegin delete, and shall notend deletebegin insert orend insert be deducted from
3the amount of aid to which the family would otherwise be eligible.
4The local child support agency in each county shall ensure that
5payments are made to recipients as required by this section.begin insert This
6section does not apply to recipients of foster care payments under
7Article 5 (commencing with Section 11400) of Chapter 2 of Part
83 of Division 9 of the Welfare and Institutions Code.end insert
Section 11475.3 of the Welfare and Institutions Code
10 is amended to read:
The firstbegin delete fifty dollars ($50)end deletebegin insert one hundred dollars
12($100)end insert of any amount of child support collected in a monthbegin insert for a
13family with one child, or two hundred dollars ($200) for a family
14with two or more children,end insert in payment of the required support
15obligation for that month shall be paid to a recipient of aid under
16this chapter, begin deleteexcept recipients of foster care payments under Article begin insert
unless Section 657(a)(6) of
175 (commencing with Section 11400)end delete
18Title 42 of the United States Code, or a similar federal law,
19specifies a greater amount, in which case the amount specified in
20federal law shall be paid to the recipient. Child supportend insert
shall not
21be considered income or resources of the recipient familybegin delete, and begin insert
orend insert be deducted from the amount of aid to which the family
22shall notend delete
23would otherwise be eligible. The local child support agency in
24each county shall ensure that payments are made to recipients as
25required by this section.begin insert This section does not apply to recipients
26of foster care payments under Article 5 (commencing with Section
2711400) of Chapter 2 of Part 3 of Division 9 of the Welfare and
28Institutions Code.end insert
No appropriation pursuant to Section 15200 of the
30Welfare and Institutions Code shall be made for purposes of
31implementing this act.
If the Commission on State Mandates determines that
33this act contains costs mandated by the state, reimbursement to
34local agencies and school districts for those costs shall be made
35pursuant to Part 7 (commencing with Section 17500) of Division
364 of Title 2 of the Government Code.
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