BILL ANALYSIS �
AB 1882
Page 1
ASSEMBLY THIRD READING
AB 1882 (Cooley)
As Amended May 27, 2014
Majority vote
HUMAN SERVICES 7-0 APPROPRIATIONS 16-0
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|Ayes:|Stone, Maienschein, |Ayes:|Gatto, Bigelow, |
| |Ammiano, | |Bocanegra, Bradford, Ian |
| |Ian Calderon, Garcia, | |Calderon, Campos, Eggman, |
| |Grove, Hall | |Gomez, Holden, Jones, |
| | | |Linder, Pan, Quirk, |
| | | |Ridley-Thomas, Wagner, |
| | | |Weber |
|-----+--------------------------+-----+--------------------------|
| | | | |
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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
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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:
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.
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
One-time costs in 2014-15 of approximately $19 million
(Temporary Assistance for Needy Families (TANF)/General Fund)
and on-going costs of up to $37 million for additional
screenings and supportive services. This assumes approximately
5,200 eligible cases receiving an additional $590 per month in
services.
COMMENTS :
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 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
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to assist families in CWS who do not meet federal AFDC-FC
eligibility.
SSI/State Supplemental Payments (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
state's child welfare services system 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
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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% 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
Assistance to Families with Dependent Children (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.
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
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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.
Analysis Prepared by : Chris Reefe / HUM. S. / (916) 319-2089
FN: 0003854