BILL ANALYSIS �
AB 1882
Page A
Date of Hearing: April 8, 2014
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Mark Stone, Chair
AB 1882 (Cooley) - As Amended: April 1, 2014
SUBJECT : CalWORKs: relative caregivers.
SUMMARY : Requires county child welfare agencies (CWA) to
determine whether relative foster care givers are eligible for
assistance under the California Work Opportunity and
Responsibility to Kids (CalWORKs) program or through the
Supplemental Security Income (SSI) program, and makes
correlating changes to permit eligible children in foster care
to receive additional supportive services funding.
Specifically, this bill :
1)Requires a CWA, immediately following the placement of a child
who has been removed from his or her home into the home of a
relative or nonrelative extended family member (NREFM) to
determine whether the relative or NREFM qualifies for CalWORKs
or SSI.
2)Clarifies that the provision of Assistance to Families with
Dependent Children - Foster Care (AFDC-FC) and CalWORKs
benefits to an eligible relative or NREFM is to begin when the
child is placed with the relative or NREFM.
3)If a relative or NREFM does not qualify for AFDC-FC benefits,
requires the CWA to explain the ineligibility determination
and immediately screen the child for eligibility under SSI.
4)As a part of a social worker's responsibilities in informing a
relative or NREFM of their rights and responsibilities in
becoming a foster care placement for a related child, requires
the social worker to provide the relative or NREFM a summary
of the eligibility requirements to qualify for AFDC-FC and
specialized care increment assistance benefits and to explain
in person, as specified, the steps the relative or NREFM would
need to take to qualify for the benefits.
5)Provides that a child who is placed into foster care with a
relative who qualifies for AFDC-FC payments shall also be
eligible to receive the following supportive benefits, as
specified:
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a) Reimbursement for reasonable travel expenses;
b) A specialized care increment for children with a
developmental or physical disability;
c) A clothing allowance; and
d) An infant supplement for infants of dependent children.
EXISTING LAW
1)States that the purpose of foster care law is to provide
maximum safety and protection for children who are currently
being physically, sexually, emotionally abused, neglected, or
exploited, and to ensure the safety, protection, and physical
and emotional well-being of children who are at risk of harm.
(Welfare and Institutions (W&I) Code 300.2)
2)States the intent of the Legislature to preserve and
strengthen a child's family ties whenever possible and to
reunify a foster youth with his or her biological family
whenever possible, or to provide a permanent placement
alternative, such as adoption or guardianship. (W&I Code
16000)
3)Requires a social worker, within 30 days of taking a child
into temporary custody or whenever appropriate to identify and
locate all adults who are related to the child by blood,
adoption, or affinity within the fifth degree of kinship and
provide for the purposes of informing them of their right to
participate in the care and placement of the child, as
specified. (W&I Code 309(e))
4)Requires preferential consideration be given to a request by a
relative to have the child placed with the relative if the
child has been removed from the physical custody of the
child's parent(s). (W&I Code 361.3(a))
5)Requires the same standards to be used when evaluating a
relative or NREFM caregiver as those used to licensed foster
family homes. (W&I Code 309(d)(2))
6)Requires a social worker to explain the options and
responsibilities of becoming a placement option for a child in
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foster care to the child's relative or NREFM, including
information about providing care while the child is receiving
family reunification services, how to become an approved
relative or NREFM for placement and about available services
and supports, as specified. (W&I Code 309(e)(1)(B)
7)Permits a social worker to provisionally place a child removed
from the custody of his or her parent(s) with a relative or
NREFM who meets all other conditions for approval, as
specified, except for receipt of a federal criminal background
check, who attests to not having a criminal record. (W&I Code
361.45(d))
8)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 California Work
Opportunity and Responsibility to Kids (CalWORKs) program.
(42 U.S.C. 601 et seq., WIC 11200 et seq.)
9)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 approximately 40% of the Federal
Poverty Level. (WIC 11250 et seq.)
FISCAL EFFECT : Unknown
COMMENTS :
Maintaining the Family : Historically, it has been the stated
policy of California that when a child is removed from the home,
first preference should be given to placing the child with
another parent, or with his or her relatives whenever possible
and appropriate. This has helped to preserve and strengthen the
social bedrock of our society, by keeping families together and
reducing society's reliance on its social welfare system.
Child Welfare Services : The purpose of California's Child
Welfare Services (CWS) system is to provide for the protection
and the health and safety of children. Within this purpose, the
desired outcome is to reunite children with their biological
parents, when appropriate, to help preserve and strengthen
families. However, if reunification with the biological family
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is not appropriate, children are placed in the best environment
possible, whether that is with a relative, through adoption, or
with a guardian, such as a nonrelated extended family member, as
specified. In the case of children who are at risk of abuse,
neglect or abandonment, county juvenile courts hold legal
jurisdiction and children are served by the CWS system through
the appointment of a social worker. Through this system, there
are multiple stages where the custody of the child or his or her
placement are evaluated, reviewed and determined by the judicial
system, in consultation with the child's social worker to help
provide the best possible services to the child.
At the time a child is identified as needing child welfare
services and is in the temporary custody of a social worker, the
social worker is required to identify whether there is a
relative or guardian to whom a child may be released, unless the
social worker believes that the child would be at risk of abuse,
neglect or abandonment if placed with that relative or guardian.
The W&I Code also lays out the conditions under which a court
may deem a child a dependent or ward of the court, including
when the parent has been incarcerated or institutionalized and
is unable to arrange for care for the child, such as placement
with a known relative or nonrelative extended family member
(NREFM). If the child is deemed a dependent or ward of the
court, the court may maintain the child in his or her home,
remove the child from the home but with the goal of reunifying
the child with his or her family, or identify another form of
permanent placement. Unless the child is unable to be placed
with the parent, the court is required to give preference to a
relative of the child in order to preserve the child's
association with his or her family. Associated with the
placement, the assigned social worker shall develop a case plan
for the child, which outlines the placement for the child, sets
forth services necessary for the child, and outlines the
provision of reunification services, if necessary and
appropriate.
AFDC-FC: The primary funding source for children in foster care,
federal AFDC-FC is funded through Title IV-E and Title IV-B of
the Social Security Act. In order to be eligible a child must be
under 18 years of age, a California resident, and a United
States citizen at the time they were removed from the custody of
his or her parent(s). The child must be rendered a dependent of
the court due to abuse or neglect, must have been living in the
home at the time of removal, and meet the definition of "needy"
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based on the income and resources of the family from which he or
she was removed. The income limit is based on the state "need
standard" as it existed on July 16, 1996 under the AFDC program,
prior to the implementation of TANF in federal law.<1>
CalWORKs: The 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 monthly cash
grant for a family of three on CalWORKs (one parent and two
children) is $463. According to recent data from the California
Department of Social Services (DSS), 554,292 families rely on
CalWORKs, including over one million children. Nearly 80% of
the children are under age twelve. For children in foster care,
the state permits CalWORKs payments to be made to assist
families in CWS who do not meet federal AFDC-FC eligibility.
Supplemental Security Income/State Supplemental Payments
(SSI/SSP) for children in foster care : SSI/SSP benefits are
monetary income support benefits provided to individuals who are
65 years of age or older, blind or disabled, or blind or
disabled children to help meet basic needs for food, clothing
and shelter. California, like most states, supplements SSI with
a SSP. In order to be eligible, youth may not have more than
$2,000 worth of assets and may not participate in gainful
activities worth more than $1,000 per month. Considered a basic
yet integral component of the social safety net, SSI/SSP
benefits provide $877 per month for individuals. This amount is
a ceiling not a floor and is offset dollar for dollar for
"income based on need," which includes public benefits payment.
In the case of children in foster care, if receiving SSI/SSP,
their SSI/SSP benefits are reduced by a dollar for each dollar
they receive through other public benefits, including any
federal or state foster care money they may receive to cover
room and board and other daily living needs. Additionally,
SSI/SSP benefits are required to be expended for the use and
benefit of the child and for a purpose determined by the CWA to
be in the child's best interest.
Disparities in support for federally and non-federally eligible
relative caregivers: Relative caregivers are sought out by the
---------------------------
<1> Child Welfare: Program Eligibility and Funding for the Title
IV-E Programs; Page 13; Congressional Research Service. October
16, 2012.
AB 1882
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state's CWS because they are considered the ideal placement for
a child who has been removed from the custody of his or her
parent(s). Research has demonstrated that children placed with
relatives have a greater chance of being reunited successfully
with their parents, or reaching permanency through permanent
guardianship with the relative if family reunification is
unsuccessful. Yet, in the past it has been argued that it is
the relative's responsibility as a family member to care for a
related child, and therefore the relative should not be entitled
to additional support.
This perspective, however, places the status of the caregiver
ahead of the needs of the child in care. Additionally, it
contradicts federal and state requirements that relative
caregivers meet the same licensing standards as licensed foster
family homes. This results in an imbalance in child welfare
policy in which relative placement is prioritized, requires the
relative to meet stringent licensing standards, and requires
compliance with licensing standards before any financial support
may be provided, but does not provide relatives the same level
of financial support as licensed or certified caregivers. This
is a double edged sword as it requires the relative to balance
the need to provide an immediate and safe environment for a
related child against the limitation of receiving financial
assistance to help support the child.
Additionally, relative caregivers are placed at a further
disadvantage if the family from which the child was removed does
not qualify the child for federal AFDC-FC benefits, thus
limiting the benefit the relative caregiver can ultimately
receive. It is estimated that 56 percent of California's
children in foster care do not qualify for federal AFDC-FC
benefits.
Essentially, in order for a child to be eligible for federal
AFDC-FC funding, he or she must have been removed from a family
that would have been eligible for the now non-existent AFDC
program. In 1996, the income limit for a family of three to
qualify for AFDC was $734. This threshold has not been adjusted
in nearly 20 years. By contrast, the maximum income limit for
the same family to qualify for CalWORKs supportive services
today is $1,200. This means that a family of three from which a
child is removed, who earns more than $734 a month renders the
relative caregiver, who qualifies for CalWORKs, ineligible to
receive federal AFDC-FC funding.
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Exacerbating this issue is the fact that relative caregivers,
who care for a non-federally eligible child in foster care, are
not provided any foster care benefits, whereas a non-relative
foster parent does. This can be especially problematic as many
relative caregivers are often older, such as a grandparent, and
are low-income or live on a fixed income.
This bill seeks to provide additional mechanisms to ensure that
relative and NREFM caregivers are provided as many options as
possible to acquire supportive benefits, such as CalWORKs and
SSI, to help provide for relative children in foster care placed
under their care.
Need for the bill: Stating the need for the bill, the author
writes:
Over 38% of California's foster youth are placed with
relatives. AB 1882 ensures that relatives caring for a
foster child are given information on the financial support
and services for which the child may qualify. The bill also
makes those children eligible for CalWORKs funding, and
other financial and educational support programs.
Writing as the sponsor of the bill, the Children's Law Center of
California states:
Relatives in our state who care for children that are not
eligible for federal foster care assistance are eligible
for CalWORKs benefits instead of foster care payments.
However these CalWORKs benefits can be difficult to access
for many relative caregivers - in fact many are not even
aware that they qualify. Furthermore, even those
caregivers that do successfully access CalWORKs benefits
are denied a range of additional supports provided to
children receiving foster care benefits, including
reimbursement for transportation expenses to ensure that
the youth can remain in their school of origin; clothing
allowances; the infant supplement provided to foster youth
who are parenting; and specialized care increments provided
to youth with special needs. Families of foster children
receiving CalWORKs are also not offered the same exemptions
from child support collection rules that are provided to in
foster care cases when collection might interfere with
family reunification.
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POLICY CONSIDERATIONS:
This measure seeks to require a CWA to immediately assess and
determine whether a relative or NREFM caregiver is eligible for
CalWORKs benefits, as well as require benefit payments to begin
upon placement of the child. However, it is not within the
duties of a CWA to determine eligibility for CalWORKs. That
responsibility generally lies with another department within a
county's health and human services agency. Further, AFDC-FC
benefits, and potentially CalWORKs and SSI benefits, are not
able to be paid to a relative or NREFM caregiver until the
caregiver meets existing state foster family home licensing
requirements. However, there is merit in determining the
earliest possible time a caregiver may receive supportive
benefits, as they ultimately benefit the child in foster care.
Therefore, committee staff recommends the author to work with
DSS, the California Welfare Directors Association, and foster
care advocates to:
1)Provide clarification on how AFDC-FC and CalWORKs eligibility
is determined within a county health and human services agency
in order to qualify a relative or NREFM caregiver as quickly
as possible.
2)Provide clarification on when AFDC-FC or CalWORKs benefits may
begin in order to ensure compliance with federal Title IV-E
eligibility.
REGISTERED SUPPORT / OPPOSITION :
Support
All Saints Church Foster Care Project
California Alliance of Child and Family Services
California Catholic Conference of Bishops
California Youth Connection
Children Now
Children's Advocacy Institute
Children's Law Center of California
Children's Rights Project at Public Counsel
Children's Rights Project at Public Counsel
Community Coalition
First 5 Yolo Children and Families Commission
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GRACE
Hillsides
Imperial Valley Regional Occupational Program
John Burton Foundation
National Association of Social Workers, CA Chapter (NASW-CA)
National Center for Youth Law
Senior Services Coalition (SSC)
YMCA
Youth Law Center
8 Individuals
Opposition
None on File.
Analysis Prepared by : Chris Reefe / HUM. S. / (916) 319-2089