AB 1654, as amended, 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 amountbegin insert, on and after January 1, 2016,end insert to $100 for a family with one child and $200 for a family with 2 or more children. 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 that continuously appropriates 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 first one hundred dollars ($100) of any amount of
9child support collected in a month for a family with one child, or
10two hundred dollars ($200) for a family with two or more children,
11in payment of the required support obligation for that month shall
12be paid to a recipient of aid under Article 2 (commencing with
13Section 11250) of Chapter 2 of Part 3 of Division 9 of the Welfare
14and Institutions
Code. Child support shall not be considered income
15or resources of the recipient family or be deducted from the amount
16of aid to which the family would otherwise be eligible. The local
P3 1child support agency in each county shall ensure that payments
2are made to recipients as required by this section. This section
3does not apply to recipients of foster care payments under Article
45 (commencing with Section 11400) of Chapter 2 of Part 3 of
5Division 9 of the Welfare and Institutions Code.
Section 11475.3 of the Welfare and Institutions Code
7 is amended to read:
The first one hundred dollars ($100) of any amount
9of child support collected in a month for a family with one child,
10or two hundred dollars ($200) for a family with two or more
11children, in payment of the required support obligation for that
12month shall be paid to a recipient of aid under this chapter. Child
13support shall not be considered income or resources of the recipient
14family or be deducted from the amount of aid to which the family
15would otherwise be eligible. The local child support agency in
16each county shall ensure that payments are made to recipients as
17required by this section. This section does not apply to recipients
18of foster care payments under Article 5 (commencing with Section
1911400) of Chapter 2 of Part 3 of Division 9 of the Welfare and
20Institutions Code.
begin insertSection 17504 of the end insertbegin insertFamily Codeend insertbegin insert is amended to read:end insert
begin insert(a)end insertbegin insert end insert The first fifty dollars ($50) of any amount of child
23support collected in a month in payment of the required support
24obligation for that month shall be paid to a recipient of aid under
25Article 2 (commencing with Section 11250) of Chapter 2 of Part
263 of Division 9 of the Welfare and Institutions Code, except
27recipients of foster care payments under Article 5 (commencing
28with Section 11400) of Chapter 2 of Part 3 of Division 9 of the
29Welfare and Institutions Code shall not be considered income or
30resources of the recipient family, and shall not be deducted from
31the amount
of aid to which the family would otherwise be eligible.
32The local child support agency in each county shall ensure that
33payments are made to recipients as required by this section.
34(b) This section shall remain in effect only until January 1, 2016,
35and as of that date is repealed, unless a later enacted statute, that
36is enacted before January 1, 2016, deletes or extends that date.
begin insertSection 17504 is added to the end insertbegin insertFamily Codeend insertbegin insert, to read:end insert
begin insert(a) The first one hundred dollars ($100) of any amount
39of child support collected in a month for a family with one child,
40or two hundred dollars ($200) for a family with two or more
P4 1children, in payment of the required support obligation for that
2month shall be paid to a recipient of aid under Article 2
3(commencing with Section 11250) of Chapter 2 of Part 3 of
4Division 9 of the Welfare and Institutions Code, and shall not be
5considered income or resources of the recipient family or be
6deducted from the amount of aid to which the family would
7otherwise be eligible. The local child support agency in each
8county shall ensure that payments are made to recipients as
9required by this section. This section does not apply to recipients
10of foster care payments under Article 5 (commencing with Section
1111400) of Chapter 2 of Part 3 of Division 9 of the Welfare and
12Institutions
Code.
13(b) This section shall become operative on January 1, 2016.
begin insertSection 11475.3 of the end insertbegin insertWelfare and Institutions Codeend insert
15begin insert is amended to read:end insert
begin insert(a)end insertbegin insert end insert The first fifty dollars ($50) of any amount of
17child support collected in a month in payment of the required
18support obligation for that month shall be paid to a recipient of aid
19under this chapter, except recipients of foster care payments under
20Article 5 (commencing with Section 11400) shall not be considered
21income or resources of the recipient family, and shall not be
22deducted from the amount of aid to which the family would
23otherwise be eligible. The local child support agency in each county
24shall ensure that payments are made to recipients as required by
25this
section.
26(b) This section shall remain in effect only until January 1, 2016,
27and as of that date is repealed, unless a later enacted statute, that
28is enacted before January 1, 2016, deletes or extends that date.
begin insertSection 11475.3 is added to the end insertbegin insertWelfare and Institutions
30Codeend insertbegin insert, to read:end insert
(a) The first one hundred dollars ($100) of any
32amount of child support collected in a month for a family with one
33child, or two hundred dollars ($200) for a family with two or more
34children, in payment of the required support obligation for that
35month shall be paid to a recipient of aid under this chapter, and
36shall not be considered income or resources of the recipient family
37or be deducted from the amount of aid to which the family would
38otherwise be eligible. The local child support agency in each
39county shall ensure that payments are made to recipients as
40required by this section. This section does not apply to recipients
P5 1of foster care payments under Article 5 (commencing with Section
211400).
3(b) This section shall become operative on January 1, 2016.
No appropriation pursuant to Section 15200 of the
6Welfare and Institutions Code shall be made for purposes of
7implementing this act.
If the Commission on State Mandates determines that
10this act contains costs mandated by the state, reimbursement to
11local agencies and school districts for those costs shall be made
12pursuant to Part 7 (commencing with Section 17500) of Division
134 of Title 2 of the Government Code.
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