BILL ANALYSIS �
SENATE HUMAN
SERVICES COMMITTEE
Senator Jim Beall, Chair
BILL NO: AB 1882
A
AUTHOR: Cooley
B
VERSION: May 27, 2014
HEARING DATE: June 24, 2014
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FISCAL: Yes
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CONSULTANT: Mareva Brown
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SUBJECT
CalWORKs: relative caregivers
SUMMARY
This bill would require a county to evaluate a relative or
nonrelative caregiver of a foster child for CalWORKs
eligibility if the family is not found to be eligible for
Aid to Families with Dependent Children-Foster Care
(AFDC-FC) benefits, as specified. It would require that
every youth who is in foster care who has been determined
to be ineligible for AFDC-FC benefits be screened by the
county for potential eligibility for the federal
Supplemental Security Income (SSI) program. It also would
require the county social worker to explain to the
relative, either in person or by telephone, the eligibility
requirements and benefit amounts for the AFDC-FC and
CalWORKs programs as well as any actions the relative could
take that would affect the child's eligibility for those
programs. Additionally, the bill would require that an
infant supplement, as specified, be paid under the CalWORKs
program to a teen parent who is placed with his or her
child in the home of a relative caregiver, as defined.
ABSTRACT
Continued---
STAFF ANALYSIS OF ASSEMBLY BILL 1882 (Cooley) Page
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Existing law:
1) Establishes a juvenile court's jurisdiction over a
child who has suffered, or is at substantial risk of
suffering, serious physical harm inflicted
non-accidentally upon the child by the child's parent
or guardian. For the purposes of this subdivision, a
court may find there is a substantial risk of serious
future injury based on the manner in which a less
serious injury was inflicted, a history of repeated
inflictions of injuries on the child or the child's
siblings, or a combination of these and other actions
by the parent or guardian which indicate the child is
at risk of serious physical harm. (WIC 300)
2) Establishes Aid to Families With Dependent Children
- Foster Care (AFDC-FC) as the state aid provided on
behalf of needy children in foster care. Under the
state's federal Title IV-E foster care plan, the
federally matching funds may be provided for AFDC-FC
under specified federal conditions and establishes
eligibility criteria for aid. (WIC 11402, WIC 11450)
3) Establishes that CalWORKs benefits may be paid to
relatives and nonrelative extended family members if
the foster child does not qualify for AFDC-FC
payments. (WIC 11250 et seq).
4) Requires that a child who cannot be left in the
home of a parent or guardian be placed by a county
social worker in a foster home, with priority going to
a relative of the child or nonrelative extended family
member (NREFM). (WIC 309)
5) Requires that immediately following the placement
of a child who has been temporarily detained into the
home of a relative or a nonrelative extended family
member, the county welfare department must evaluate
and approve or deny the home for purposes of AFDC-FC
benefit eligibility. (WIC 309 (d)(2))
6) Requires a social worker within 30 days of a
child's removal from home and placement in temporary
custody to provide specified information to all adult
STAFF ANALYSIS OF ASSEMBLY BILL 1882 (Cooley) Page
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relatives who are located, except when that relative's
history of family or domestic violence makes
notification inappropriate. This includes written
notification that the child has been removed from his
or her home, an explanation of various options to
participate in the care of the child, including
options that may be lost for failing to respond,
information about how to become a foster-approved home
or a NREFM, and an explanation of various services and
supports that may be available to help support the
child. (WIC 309 (e))
7) Requires a social worker in a change of
circumstance that results in an emergency placement of
a child, to evaluate and approve or deny the emergency
placement home for AFDC-FC eligibility, among other
measures. (WIC 361.45)
8) Establishes within the California Work Opportunity
and Responsibility to Kids (CalWORKs) program a basic
benefit for families, based on the number of eligible
family members, and, in specified circumstances, a
special allowance for nonrecurring special needs. (WIC
11450)
9) Establishes guidelines for collection of child
support payments for participants in the CalWORKs
program and sanctions for not complying with reporting
requirements. (WIC 11477.02)
This bill:
1) Adds to the requirement that county foster care
social workers immediately evaluate and approve or
deny a relative or NREFM's home for purposes of
AFDC-FC when a child is taken into temporary custody,
the additional requirement that a social worker also
evaluate the home for CalWORKs eligibility. This
requirement applies to children who are temporarily
detained by the court, and children who are moved into
an emergency placement.
2) Requires that the placing agency, typically a
county, must initiate the applications for AFDC-FC and
CalWORKs in either of those two circumstances.
STAFF ANALYSIS OF ASSEMBLY BILL 1882 (Cooley) Page
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3) Requires that if a county determines that a child
who is temporarily detained or is moved into an
emergency placement is not eligible for AFDC-FC
benefits, the county welfare department shall explain
the specific basis for this determination and shall
immediately screen the child for eligibility for the
federal SSI program, as defined.
4) Requires that if aid is granted under the AFDC-FC
or CalWORKs program to families of children who are
temporarily detained or in emergency placements, the
beginning date of aid shall be the date the child was
placed with the relative or NREFM.
5) Adds to the existing requirement that county social
workers provide information to a relative or NREFM
about the Kin-GAP program, CalWORKs program for
approved relative caregivers, adoption assistance and
other options for support of the child in an
out-of-home, the requirement that the county provide
the family with a summary of the eligibility
requirements, application procedures, and benefit
amounts for the AFDC-FC program, as defined.
6) Requires a county social worker to explain to a
relative who requests placement of the child, either
in person or by telephone, the eligibility
requirements and benefit amounts for the AFDC-FC and
CalWORKs programs as well as any actions the relative
could take to affect the child's eligibility for those
programs.
7) Requires that a child who has been removed from his
or her home and detained or placed in the home of a
relative caregiver and is the subject of a juvenile
court petition, as defined, or is the subject of a
voluntary placement agreement, as defined, and who is
a teen parent whose child is living in the same home
or placement, shall also receive an infant
supplementary payment, as specified.
8) Requires that when a child is living with a parent
who receives AFDC-FC or Kin-GAP benefits, the rate
paid to the provider on behalf of the parent shall
STAFF ANALYSIS OF ASSEMBLY BILL 1882 (Cooley) Page
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include an amount for infant supplement to cover the
cost of care and supervision of the child.
9) Requires that if CalWORKs aid is paid on behalf of
a child who is under the jurisdiction of the juvenile
court and whose parent or guardian is receiving
reunification services, the county welfare department
shall determine, prior to referring the case to the
local child support agency for child support services,
whether the referral is in the best interest of the
child, taking into account both of the following:
a. Whether the payment of support by the
parent will pose a barrier to the proposed
reunification in that the payment of support will
compromise the parent's ability to meet the
requirements of the parent's reunification plan.
b. Whether the payment of support by the
parent will pose a barrier to the proposed
reunification in that the payment of support will
compromise the parent's current or future ability
to meet the financial needs of the child.
10) Requires that every youth who is in foster care and
has been determined to be ineligible for AFDC-FC
benefits shall be screened by the county for potential
eligibility for the federal Supplemental Security
Income program utilizing the best practice guidelines
developed, as specified.
11) If a youth is screened as being likely to be
eligible for federal SSI benefits, this bill requires
that an application to the federal Social Security
Administration be submitted on behalf of the youth.
12) Makes technical changes to statute.
FISCAL IMPACT
An analysis from the Assembly Committee on Appropriations
projected one-time costs in 2014-15 of approximately $19
million (TANF/GF) and ongoing costs of up to $37 million
for additional screenings and supportive services. This
assumes approximately 5,200 eligible cases would be
receiving an additional $590 per month in services.
STAFF ANALYSIS OF ASSEMBLY BILL 1882 (Cooley) Page
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BACKGROUND AND DISCUSSION
Purpose of the bill:
According to the author, when a child is removed from his
or her home by the state and placed into foster care, the
state steps into the role of the child's parent and is
obligated to protect and provide for that child. The author
states that despite this obligation, when the state finds a
relative to protect and provide for a child in foster care,
that child is often provided just a fraction of the support
that the same child would receive if placed in the home of
a non-relative.
This bill seeks to remedy that inequity by requiring
counties to pursue support programs for the child which
provide a higher benefit.
Assistance for foster children
State statute establishes multiple programs to support for
children in foster care, including AFDC-FC, Kinship
Guardian Assistance Payment (Kin-GAP), adoption assistance
and payments to non-relative legal guardians.
Eligibility requirements for the AFDC-FC program are frozen
at the 1996 level. 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 program at
that time. Under the 1996 income limit, the maximum monthly
income for a family of three to qualify for AFDC was $734.
(By comparison, the maximum income limit for the same
family to qualify for CalWORKs today is $1,200.) This means
that regardless of the income of the family member who is
now caring for the foster child, if the child's family of
origin earned more than the 1996 threshold, the child is
ineligible for AFDC-FC payments.
For a federally eligible foster youth placed with a
relative, the federally-funded payment averages
approximately $923 per month. Current statute allows a
child who does not meet federal AFDC-FC eligibility
criteria to receive a state-only foster care payment equal
STAFF ANALYSIS OF ASSEMBLY BILL 1882 (Cooley) Page
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to the federal AFDC-FC payment. This practice is
consistent across the various types of foster care
placements, except for when a child is placed with a
relative.
In California, families caring for relatives who are
ineligible for AFDC-FC federal payments are paid through
the CalWORKs program, with the child receiving a single
benefit allocation of approximately $330 per month,
regardless of the child's needs or the caregiver's
financial situation.
Trailer bill language
Section 74 of SB 855, the Human Services Trailer Bill,
includes language that addresses the rate inequity by
permitting counties to pay the basic foster care rate to
family members who are caring for foster children.
Specifically, the trailer bill creates the Approved
Relative Caregiver Funding Option Program to make the
amount paid to approved relative caregivers of children who
are ineligible for AFDC-FC equal to the amount paid on
behalf of children who are eligible for those payments. The
bill also states Legislative intent to appropriate funding
for this program to counties that elect to participate.
COMMENTS
The author wishes to continue moving this bill despite the
creation of the option relative caregiver funding program
in trailer bill to ensure that counties that opt not to
participate in that program still meet the needs of
children and relatives to care for them. The author should
amend this bill in the next committee, once trailer bill is
signed, to cross-reference the new, optional caregiver
program into this bill's language.
Staff recommends the following amendments to clarify the
processes outlined in this bill and avoid inadvertent
underpayments or overpayments.
1.Page 4, commencing with line 27:
(2) Immediately following the placement of a child in
the home of a relative or a nonrelative extended family
STAFF ANALYSIS OF ASSEMBLY BILL 1882 (Cooley) Page
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member, the county welfare department shall evaluate and
approve or deny the home for purposes of AFDC-FC
eligibility pursuant to Section 11402 and CalWORKs
eligibility pursuant to Article 2 (commencing with
Section 11250) of Chapter 2 of Part 3 of Division 9. The
placing agency immediately shall initiate the
applications for AFDC-FC and determine eligibility. If
the child is found ineligible for AFDC-FC, the county
shall initiate the application for and determine
eligibility for CalWORKs. If the county determines that
the child is not eligible for AFDC-FC benefits, the
county welfare department shall explain the specific
basis for this determination and shall immediately screen
the child for eligibility for the federal Supplemental
Security Income program in accordance with Section 13758.
If aid is granted under the AFDC-FC or CalWORKs program,
the beginning date of aid shall be the date the child was
placed with the relative or nonrelative extended family
member.
2.Page 6, commencing with line 12
(B) An explanation of the various options to participate
in the care and placement of the child and support for
the child's family, including any options that may be
lost by failing to respond. The notice shall provide
information about providing care for the child while the
family receives reunification services with the goal of
returning the child to the parent or guardian, how to
become a foster family home or approved relative or
nonrelative extended family member as defined in Section
362.7, and additional services and support that are
available in out-of-home placements. The notice shall
also include a summary of the eligibility requirements,
application procedures, and benefit amounts for the
AFDC-FC program (Article 5 (commencing with Section
11400) of Chapter 2 of Part 3 of Division 9), and a
general description of other benefits which may be
available including any specialized care increments, as
described in Section 11461, the Kin-GAP Program (Article
4.5 (commencing with Section 11360) of Chapter 2 of Part
3 of Division 9), the CalWORKs program for approved
relative caregivers (Chapter 2 (commencing with Section
11200) of Part 3 of Division 9), adoption, and adoption
assistance (Chapter 2.1 (commencing with Section 16115)
STAFF ANALYSIS OF ASSEMBLY BILL 1882 (Cooley) Page
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of Part 4 of Division 9), as well as other options for
contact with the child, including, but not limited to,
visitation. The State Department of Social Services, in
consultation with the County Welfare Directors
Association of California and other interested
stakeholders, shall develop the written notice . The
application date for CalWORKs shall be the date the child
was placed with the relative.
3.Page 7, commencing with line 16:
(f) In addition to the notice required by subdivision
(e), if a relative requests placement of the child, the
county social worker or the eligibility worker shall
explain to the relative, either in person or by
telephone, the eligibility requirements and benefit
amounts for the AFDC-FC and CalWORKs programs as well as
any actions the relative could take to affect the child's
eligibility for those programs.
4.Page 8, commencing with line 6:
(b) Immediately following the placement of a child in the
home of a relative or a nonrelative extended family
member, the county welfare department shall evaluate and
approve or deny the home for purposes of AFDC-FC
eligibility pursuant to Section 11402 and CalWORKs
eligibility pursuant to Article 2 (commencing with
Section 11250) of Chapter 2 of Part 3 of Division 9. The
placing agency immediately shall initiate the
applications for AFDC-FC and determine eligibility. If
the child is found ineligible for AFDC-FC, the county
shall initiate the application for and determine
eligibility for CalWORKs. If the county determines that
the child is not eligible for AFDC-FC benefits, the
county welfare department shall explain the specific
basis for this determination and shall immediately screen
the child for eligibility for the federal Supplemental
Security Income program in accordance with Section 13758.
If aid is granted under either the AFDC-FC or CalWORKs
program, the beginning date of aid shall be the date the
child was placed with the relative or nonrelative
extended family member . The application date for CalWORKs
shall be the date the child was placed with the relative .
STAFF ANALYSIS OF ASSEMBLY BILL 1882 (Cooley) Page
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PRIOR VOTES
Assembly Floor 76 - 0
Assembly Appropriations 16 - 0
Assembly Human Services 7 - 0
POSITIONS
Support: Alliance for Children's Rights (sponsor)
AFSCME
All Saints Church Foster care Project
California Alliance of Child and Family
Services
California Catholic Conference, Inc.
California State PTA
California Youth Connection
Children's Advocacy Institute
Children's Law Center
Children Now
Children's Rights Project at Public Counsel
Law Center
Community Coalition
EMQ Families First
First 5 Yolo Children and Families
Commission
GRACE (Gather, Respect, Advocate, Change,
Engage)
Hillsides
Imperial Valley Regional Occupational
Program
John Burton Foundation for Children Without
Homes
Kincares, Inc.
Legal Advocates for Children & Youth
Legal Services for Children
National Center for Youth Law
National Association of Social
Workers-California Chapter
Public Counsel Law Center
Senior Services Coalition
Unity Care Group
Youth Law Center
STAFF ANALYSIS OF ASSEMBLY BILL 1882 (Cooley) Page
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1 individual.
Oppose: None received.
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