AB 2435, as amended, Hagman. CalWORKs: ineligibility.
Existing law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified low-income families and individuals.begin insert Under existing law, an individual is not eligible for aid under the CalWORKs program if he or she is violating a condition of probation or parole imposed under federal law or the law of any state. Existing law allows a county welfare department to provide specified information to a law enforcement officer of a CalWORKs applicant or recipient if the applicant or recipient is violating a condition of probation or parole imposed under state or federal law.end insert
begin insertThis bill would authorize the Department of Corrections and Rehabilitation or a local sheriff’s department to notify a county welfare department that administers CalWORKs of persons released on probation or parole who have been prohibited from residing with a minor as a condition of release. The bill would authorize a county welfare department that administers CalWORKs to notify law enforcement of anyone who has been reported to the department pursuant to these provisions who applies for benefits under the CalWORKs program if the department has reason to believe that the applicant is residing with a minor as a condition for eligibility to receive benefits under the CalWORKs program.
end insertExisting law provides that an individual who has been convicted in state or federal court of a felony that has as an element the possession, use, or distribution of a controlled substance, as defined under federal law or the California Uniform Controlled Substances Act, is ineligible for aid under the CalWORKs program. Existing law also provides for a substantially similar provision that does not make reference to controlled substances defined in the California Uniform Controlled Substances Act.
end deleteThis bill would repeal the substantially similar provision that does not make reference to the California Uniform Controlled Substances Act.
end deleteThis bill would also provide that an individual who has been convicted in state court after March 1, 2015, of any offense that is a felony and a violation of certain sex offenses, where the victim of the crime is a member of the household otherwise eligible for assistance, or is related to a member of that household, is ineligible for aid under the CalWORKs program unless the individual meets any one of 5 conditions.
end deleteVote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
begin insertSection 10850.35 is added to the end insertbegin insertWelfare and
2Institutions Codeend insertbegin insert, to read:end insert
(a) The Department of Corrections and
4Rehabilitation or a local sheriff’s department may notify a county
5welfare department that administers CalWORKs of persons
6released on probation or parole who have been prohibited from
7residing with a minor as a condition of release.
8(b) A county welfare department that administers CalWORKs
9may notify law enforcement of anyone who has been reported to
10the department pursuant to subdivision (a) who applies for benefits
11under the CalWORKs program if the department has reason to
12believe that the applicant is residing with a minor as a condition
13for eligibility to receive benefits under the CalWORKs program.
Section 11251.3 of the Welfare and Institutions
15Code, as added by Section 1 of Chapter 283 of the Statutes of
161997, is repealed.
Section 11251.3 of the Welfare and Institutions Code,
2as added by Section 1 of Chapter 284 of the Statutes of 1997, is
3amended to read:
(a) An individual shall be ineligible for aid under
5this chapter if the individual has been convicted in state or federal
6court after December 31, 1997, including any plea of guilty or
7nolo contendere, of a felony that has as an element the possession,
8use, or distribution of a controlled substance, defined in Section
9102(6) of the Controlled Substances Act (21 U.S.C. Sec. 802(6))
10or Division 10 (commencing with Section 11000) of the Health
11and Safety Code.
12(b) (1) Subject to paragraph (2), an individual shall be ineligible
13for aid under this chapter if the individual has been convicted in
14a state court after March 1, 2015, including any plea of guilty or
15nolo contendere, of any offense that is a felony and a violation of
16Section 266j, 269, 273a, 273ab, or 273d, paragraph (1) of
17subdivision (c) of Section 286, subdivision (a) or paragraph (1) of
18subdivision (c) of Section 288, Section 288.5, or paragraph (2) of
19subdivision (b) or paragraph (1) of subdivision (c) of Section 288a
20of the Penal Code, where the victim of the crime is a member of
21
the household otherwise eligible for assistance, or is related to a
22member of that household.
23(2) A person is not ineligible under paragraph (1) if he or she
24meets any one of the following conditions:
25(A) Completion of conditions of probation or parole for the
26crime on which the disqualification is based, without a subsequent
27conviction for abuse or molestation of a child.
28(B) Current compliance with conditions of probation or parole
29for the crime on which the disqualification is based.
30(C) Completion of at least one year of treatment or counseling
31related to the crime on which the disqualification is based, without
32subsequent conviction for abuse or molestation of a child.
33(D) Current participation in child abuser’s treatment and receipt
34of a determination by the counselor or treatment provider that the
35person does not pose an unwarranted risk of abuse to children in
36the home.
37(E) A successful petition to a superior court in the county where
38the aid is sought resulting in a finding by the court that the
39individual’s residence in the household is in the best interests of
P4 1the children and
does not pose an unwarranted risk of abuse to
2children in the home.
3(c) For a family receiving aid under this chapter that includes
4an individual who is ineligible pursuant to subdivision (a) or (b),
5a county shall issue vouchers or vendor payments for at least rent
6and utilities payments.
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