BILL ANALYSIS �
Senate Appropriations Committee Fiscal Summary
Senator Kevin de Le�n, Chair
AB 1882 (Cooley) - CalWORKs: relative caregivers.
Amended: August 4, 2014 Policy Vote: Human Services 4-0
Urgency: No Mandate: Yes
Hearing Date: August 4, 2014
Consultant: Jolie Onodera
This bill meets the criteria for referral to the Suspense File.
Bill Summary: AB 1882 would require a county welfare department
(CWD) to immediately initiate specified application, eligibility
determinations, and screenings of a foster child upon placement
in the home of a relative or non-relative extended family member
(NREFM) caregiver. This bill would also require an infant
supplement, as specified, to be paid under the CalWORKs and the
Approved Relative Caregiver Funding Option (ARCFO) Program to a
teen parent who is placed with his or her child in the home of a
relative caregiver, as specified.
Fiscal Impact:
Potentially major ongoing state costs (General Fund*) to
immediately initiate applications and determine eligibility
for AFDC-FC, CalWORKs, or ARCFO program benefits for foster
children placed with relatives and NREFM caregivers.
Ongoing potentially significant increase in AFDC-FC,
CalWORKs, and ARCFO payments due to provision mandating
eligibility for aid from the date of placement with the
relative or NREFM. Every one additional month of aid for
8,500 relative placements could cost in the range of $2.9
million to $7.3 million (General Fund*) depending on whether
the county has opted into the Approved Relative Caregiver
Funding Option.
Potentially significant ongoing state costs for CWDs to
provide an explanation in-person or by telephone of the
eligibility requirements and benefit amounts of the programs
to relative caregivers. Assuming 30 minutes of social worker
time for 8,500 relative placements would cost about $325,000
(General Fund*).
Potentially significant ongoing state costs of about
$250,000 (General Fund*) for CWDs to screen for SSI
eligibility, assuming 30 minutes of social worker time. As
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existing law requires counties to screen for SSI for foster
youth between the age of 16 and 17 years, no additional
costs are assumed for this age group.
Potentially significant ongoing state costs of about
$250,000 (General Fund*) to provide the infant supplement of
$411 per month to an estimated 50 cases statewide.
*Pursuant to Proposition 30 (November 2012) any legislation
enacted after September 30, 2012, that has an overall effect of
increasing the costs already borne by a local agency for
programs or levels of service mandated by realignment (including
child welfare services and foster care) only apply to local
agencies to the extent that the state provides annual funding
for the cost increase.
Background: Existing law requires each county to provide cash
assistance and other social services through the California Work
Opportunity and Responsibility to Kids (CalWORKs) program using
federal Temporary Assistance for Needy Families (TANF) block
grant funds, state, and county funds. Existing law specifies the
amounts of cash aid and supplemental amounts to be paid each
month to CalWORKs recipients.
Existing law establishes the Aid to Families with Dependent
Children (AFDC)-Foster Care program under which counties provide
payments to foster care providers on behalf of qualified
children. Under existing law, a child is eligible for AFDC-FC if
he or she is placed in the approved home of a relative and is
otherwise eligible for federal financial participation in the
AFDC-FC payment, as specified. Under existing law, if a county
welfare department places a child who is in temporary custody or
subject to the jurisdiction of the juvenile court with a
relative or NREFM, the county is required to evaluate and
approve or deny the home for purposes of AFDC-FC eligibility.
Existing law recently enacted by SB 855 (Committee on Budget and
Fiscal Review) Chapter 29/2014, the Human Services budget
trailer bill, among other provisions, established the Approved
Relative Caregiver Funding Option Program, and appropriates $30
million from the General Fund annually for this program. This
program requires counties that opt to participate in the program
to, effective January 1, 2015, pay an approved relative
caregiver a per child per month rate in return for the care and
supervision of an AFDC-FC ineligible child placed with the
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relative caregiver that is equal to the basic rate paid to
foster care providers for an AFDC-FC child.
Proposed Law: This bill would require a CWD to immediately
initiate specified application, eligibility determinations, and
screenings of a foster child upon placement in the home of a
relative or NREFM caregiver, as follows:
Requires a county to immediately initiate the
application for AFDC-FC and determine eligibility.
If found ineligible for AFDC-FC, requires the county to
initiate the application for and determine eligibility for
CalWORKs or ARCFO, if applicable. Specifies that the
application date shall be the date the child was placed
with the relative or NREFM.
If found ineligible for AFDC-FC, requires the CWD to
explain the specific basis for this determination and shall
immediately screen for eligibility for SSI/SSP eligibility.
Requires county social workers or eligibility workers to
explain, in person or by telephone, the eligibility
requirements and benefit amounts for the AFDC-FC, CalWORKs,
and ARCFO programs, as well as any actions the relative
could take to affect the child's eligibility for those
programs.
Requires all youth in foster care who have been
determined federally ineligible to be screened by the CWD
for potential eligibility for SSI/SSP, as specified.
This bill also requires an infant supplement, as specified, to
be paid under the CalWORKs and ARCFO programs to a teen parent
who is placed with his or her child in the home of a relative
caregiver, as specified.
Related Legislation: AB 2668 (Quirk-Silva) 2014 would provide
for a monthly $200 payment to a nonminor dependent parent
subject to the development and completion of a parenting support
plan between the nonminor dependent parent who resides in a
supervised independent living placement and an identified
responsible adult, as specified. This bill is scheduled to be
heard today by this Committee.
Prior Legislation: SB 855 (Committee on Budget and Fiscal
Review) Chapter 29/2014, the Human Services budget trailer bill,
among other provisions, established the Approved Relative
Caregiver Funding Option Program, and appropriates $30 million
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from the General Fund annually for this program. This program
requires counties that opt to participate in the program to,
effective January 1, 2015, pay an approved relative caregiver a
per child per month rate in return for the care and supervision
of an AFDC-FC ineligible child placed with the relative
caregiver that is equal to the basic rate paid to foster care
providers for an AFDC-FC child.
Staff Comments: By requiring county welfare departments to
immediately initiate specified application, eligibility
determinations, and screenings of a foster child upon placement
in the home of a relative or NREFM caregiver, this bill imposes
a state-mandated local program due to the higher level of
service mandated on CWDs, potentially requiring a subvention of
funds from the state. Although CWDs do initiate and determine
eligibility for programs, existing law does not specify
immediate initiation of applications and determinations of
eligibility for AFDC-FC, or require an explanation of the
specific basis for the determination followed by an immediate
screening for SSI of these cases.
This bill requires CWDs to immediately screen youth for SSI
eligibility upon determination of ineligibility for AFDC-FC.
Assuming 30 minutes of social worker time per screening, ongoing
state costs of about $250,000 (General Fund*) are estimated. As
existing law requires counties to screen for SSI for foster
youth between the ages of 16 and 17 years, the costs noted
above do not include inclusion of this age group.
Additionally, requiring CWDs to provide an explanation in-person
or by telephone of the eligibility requirements and benefit
amounts of the AFDC-FC, CalWORKs, and ARCFO programs to relative
caregivers will result in additional workload to CWDs. Assuming
30 minutes per explanation for 8,500 relative placements would
cost about $325,000 (General Fund*) annually. To the extent
additional time is required for eligibility workers to provide
further information to caregivers would result in additional
ongoing costs.
By mandating eligibility for aid from the date of placement with
the relative or NREFM, this bill could result in the receipt of
aid earlier and for additional months for about 8,500 relative
placements. For every one additional month of aid provided,
ongoing costs could range from $2.9 million to $7.3 million,
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depending on the program (CalWORKs vs. AFDC-FC or ARCFO).
This bill also requires the provision of the infant supplement
to be paid in the CalWORKs and ARCFO programs to a teen parent
who is placed with his or her child in the home of a relative
caregiver, as specified. This provision is estimated to result
in annual costs of about $250,000 (General Fund*) to provide the
infant supplement of $411 per month to an estimated 50 cases
statewide.
Prior to FY 2011-12, the state and counties contributed to the
non-federal share of child welfare services expenditures. AB 118
(Committee on Budget) Chapter 40/2011 and ABX1 16 Chapter
13/2011 realigned state funding to the counties through the 2011
Local Revenue Fund (LRF) for various programs, including child
welfare services and foster care. As a result, beginning in FY
2011-12 and for each fiscal year thereafter, non-federal funding
and expenditures for foster care and child welfare services
activities are funded through the LRF.
Proposition 30 was passed by the voters in November 2012, and
among other provisions, eliminated any potential mandate funding
liability for any new program or higher level of service
mandated on the counties related to realigned programs,
including child welfare services and foster care. Rather,
legislation enacted after September 30, 2012, that has an
overall effect of increasing the costs already borne by a local
agency for programs or levels of service mandated by realignment
only apply to local agencies to the extent that the state
provides annual funding for the cost increase. Local agencies
are not obligated to provide programs or levels of service
required by legislation above the level for which funding has
been provided.
To the extent it is determined that the provisions of this bill
impose a higher level of service on local agencies or result in
an increase in overall costs already borne by counties for the
provision of child welfare services and foster care, the state
could potentially elect to, but not be required to, provide
funding for the cost increase.
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