BILL ANALYSIS �
SENATE HUMAN
SERVICES COMMITTEE
Senator Leland Y. Yee, Chair
BILL NO: SB 252
S
AUTHOR: Liu
B
VERSION: April 1, 2013
HEARING DATE: April 09, 2013
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FISCAL: Yes
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CONSULTANT: Tepring Piquado
SUBJECT
Social services: CalWORKs and unemployment and disability
benefits
SUMMARY
This bill requires the Department of Social Services (DSS)
and the Employment and Development Department (EDD) to work
together to provide information, as specified, to
applicants and beneficiaries of CalWORKs. Authorizes hours
that a pregnant woman participates in a home visiting
program to satisfy welfare-to-work activity hours, as
specified, subject to a federal waiver. Requires County
Welfare Department workers to consider other exemptions
when medical verification is not available to a pregnant
woman whose pregnancy impairs her ability to work.
ABSTRACT
Existing Federal Law :
1) Establishes Temporary Assistance for Needy Families
(TANF) which is a block grant program. (42 U.S.C. 601
et seq.)
2) Establishes The Federal Family and Medical Leave
Continued---
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Act which entitles eligible employees of covered
employers to take unpaid, job-protected leave for
specified family and medical reasons with continuation
of group health insurance coverage under the same
terms and conditions as if the employee had not taken
leave. (29 U.S.C.2601 et seq.)
3) Establishes in federal law The Maternal, Infant,
and Early Childhood Home Visiting program (MIECHV)
which facilitates collaboration and partnership at the
Federal, State and community levels to improve health
and development outcomes for at-risk children through
evidence-based home visiting programs. (42 U.S.C. 711)
4) Permits the Secretary of US Health and Human
Services Department to waive TANF state plan
requirements specified in Section 402 of the Social
Security Act to conduct an experimental, pilot, or
demonstration project which, in the judgment of the
Secretary, is likely to assist in promoting the
objectives of the federal law. (42 U.S.C. 1315; Social
Security Act Sec. 1115)
Existing State Law:
1) Provides for the allocation of funds for cash
assistance and other social services for low-income
families through the California Work Opportunity and
Responsibility to Kids (CalWORKs) program. Under this
program, each county provides assistance through a
combination of state, county and federal TANF funds.
(WIC 10530)
2) Establishes, within the state disability insurance
program, a family temporary disability insurance
program, also known as paid family leave. Paid family
leave provides up to six weeks of wage replacement
benefits to workers who take time off work to care for
a seriously ill child, spouse, parent, domestic
partner, or to bond with a minor child within one year
of the birth or placement of the child in connection
with foster care or adoption. (UIC 3300)
3) Establishes the California Families and Children
Home Visit Program. Under this program, counties are
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awarded grants to implement an approved home visit
program, containing certain elements, to aid at-risk
families funded through the federal Maternal and Child
Health Services Block Grant. (WIC 18994.1)
4) Provides that unless otherwise exempt, an applicant
or recipient shall participate in welfare-to-work
activities up to 24 cumulative months. (WIC 11322.85
et seq.)
5) Provides an exemption from welfare-to-work
activities for a woman who is pregnant and for whom it
has been medically verified that the pregnancy impairs
her ability to be regularly employed or participate in
welfare-to-work activities or the county has
determined that, at that time, her participation will
not readily lead to employment or that a training
activity is not appropriate. (WIC 11320.3 (8))
6) Provides that a recipient shall be excused from
participation for good cause when the county has
determined there is a condition or other circumstance
that temporarily prevents or significantly impairs the
recipient's ability to be regularly employed or to
participate in welfare-to-work activities. A good
cause exemption may include temporary illness of less
than 30 days without medical verification. Any month
that an exemption is applied shall not count as a
month of activities for purposes of the 24-month time
limit. (WIC 11320.3 (f))
7) Specifies that any provision of welfare-to-work
activities that may only be implemented pursuant to a
waiver from the United States Department of Health and
Human Services shall only be operative during the
period for which the waiver is granted, as specified.
(WIC 11329.2)
This bill:
1) Requires DSS to work with EDD's insurance and
disability branch to ensure that each applicant and
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recipient of aid is provided with information about
paid family leave, unemployment insurance, and
pregnancy disability leave benefits.
2) Requires EDD to permit employees of DSS and county
human service agencies to participate in training and
informational sessions regarding paid family leave and
to make training materials and information available.
3) Requires DSS to consider other potential
exemptions, including good cause, for pregnant a women
who is unable to work because her pregnancy impairs
her ability to work when medical verification is
unavailable.
4) Requires DSS to apply the hours that a pregnant
woman participates in an approved voluntary maternal,
infant, and early childhood home visiting program or
another home visiting program for low-income
Californians to her welfare-to-work activities for a
period of no longer than one year, pending receipt of
a waiver by the United States Department of Health and
Human Services.
5) Requires DSS to submit to the United States
Department of Health and Human Services a waiver to
apply the hours that a pregnant woman participates in
an approved voluntary maternal, infant, and early
childhood home visiting program or another home
visiting program for low-income Californians to her
welfare-to-work activities for a period of no longer
than one year.
FISCAL IMPACT
This bill has not yet been analyzed by a fiscal committee.
BACKGROUND AND DISCUSSION
Purpose of the bill
According to the author, improving coordination of programs
administered by the EDD and DSS for working parents and
pregnant women not only improves the birth outcomes and
academic achievement of California's children, but will
also reduce dependence on public assistance by helping
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parents to be successful in securing and retaining
employment after the birth of a child.
California Work Opportunity and Responsibility to Kids
(CalWORKs)
The CalWORKs program provides cash assistance to nearly
600,000 needy families, including approximately 1.2 million
children. Most of these families include adults who are
engaged in job training, education and other work
preparation activities. The overall average grant for a
family of three is $467 per month, or $15.56 per day.
CalWORKs is supervised by DSS and administered by the
counties which determine eligibility, cash grant levels,
work participation, exemptions, time limits, and sanctions.
CalWORKs families receive cash assistance and most receive
employment and supportive services designed to promote
self-sufficiency. The purpose of the Welfare-to-Work
Program is to help recipients of aid prepare for work and
find a job, facilitate self-sufficiency, fostering
self-confidence and building a future.
Welfare-to-Work Activities
All CalWORKs recipients are required to participate in
welfare-to-work activities as a condition of aid, unless
the recipient is exempt. State law requires counties to
sanction individuals for noncompliance of welfare-to-work
program requirements. When a family, without good cause,
does not comply with program requirements, the family's
grant is reduced to remove support for the noncompliant
adult (or adults).
Adults in a one-parent CalWORKs case are required to
participate in Welfare-to-Work activity or activities for
at least 20 hours per week, unless exempt.
The term "work activities" means participation in
a) unsubsidized employment;
b) subsidized private sector employment;
c) subsidized public sector employment;
d) work experience (including work associated with the
refurbishing of publicly assisted housing) if
sufficient private sector employment is not available;
e) on-the-job training;
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f) job search and job readiness assistance;
g) community service programs;
h) vocational educational training (not to exceed 12
months with respect to any individual);
i) job skills training directly related to employment;
j) education directly related to employment, in the
case of a recipient who has not received a high school
diploma or a certificate of high school equivalency;
aa) satisfactory attendance at secondary school or in a
course of study leading to a certificate of general
equivalence, in the case of a recipient who has not
completed secondary school or received such a
certificate; and
bb) the provision of child care services to an
individual who is participating in a community service
program.
Welfare-to-Work Exemptions
In general, CalWORKs recipients have a 24-month time limit
for receiving assistance. Months the recipient has been
excused from participation for a specified exemption or for
good cause do not count toward the 24-month time limit.
A specific exemption from welfare to work activities may be
applied for a woman who is pregnant and for whom it has
been medically verified that the pregnancy impairs her
ability to be regularly employed or participate in
welfare-to-work activities or the county has determined
that, at that time, participation will not readily lead to
employment or that a training activity is not appropriate.
A good cause exemption from welfare-to-work activities may
be applied when medical verification cannot be obtained. A
good cause exemption may be applied to exempt the pregnant
woman from welfare to work activities for any other reason
that temporarily prevents or significantly impairs a
recipient's ability to work regularly or go to welfare to
work activities.
According to DSS, the total number of pregnancy exemptions
during 2012 was 10,301 (out of a total 499,525 clients who
were on CalWORKs for at least one month in 2012), or
roughly 2% of CalWORKs recipients. The 2012 monthly
average number of clients receiving a pregnancy exemption
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was 2,553.
Home Visiting Programs
The California Home Visiting Program was created as a
result of the Patient Protection and Affordable Care Act of
2010. The home visiting program's focus is to provide
comprehensive, coordinated in-home services to support
positive parenting, and to improve outcomes for families
residing in identified at-risk communities. The Health
Resources and Services Administration defines the program
as an evidence-based, voluntary program offered to pregnant
women or children birth to age 5. Programs are meant to
target participant outcomes which include: improved
maternal and child health, prevention of child injuries,
child abuse and maltreatment, and reduction of emergency
department visits, improvement in school readiness and
achievement, reduction in crime or domestic violence,
improvements in family economic self-sufficiency, and
improvements in the coordination and referrals for other
community resources and supports.
According to the California Department of Public Health,
which administers the program, there were 50 clients
receiving CalWORKs out of 450 total MIECHV clients in the
state of California, as of February 1, 2013. The program
funds communities, not counties within Local Health
Jurisdictions (LHJs). Currently, 22 at-risk communities in
21 LHJs are awarded funds. Sacramento has two communities,
Los Angeles has three and the counties of Del Norte,
Humboldt, and Siskiyou comprise a single LHJ.
Goals of the Federal Waiver
The U.S. Department of Health and Human Services (HHS) says
a goal of its waiver initiative is to allow states to
operate experimental, pilot, or demonstration projects to
test "alternative and innovative strategies, policies, and
procedures that are designed to improve employment outcomes
for needy families." HHS says it is "encouraging states to
consider new, more effective ways to meet the goals of
TANF, particularly helping parents successfully prepare
for, find, and retain employment."
HHS also specifies that waivers of TANF work participation
standards could address the following goals: improving
coordination with other programs, such as programs operated
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under the Workforce Investment Act (WIA); testing
multi-year career pathways models that combine work and
learning; strengthening strategies for individuals with
disabilities; testing the effectiveness of subsidized
employment programs; and testing the effectiveness of
extending the period of time allowed for participation in
pre-employment activities such as vocational educational
training and job search and readiness.
Comments
This bill would require DSS to apply the hours that a
pregnant woman participates in an approved voluntary home
visiting program to her welfare-to-work, pending federal
approval. Since not all California communities offer a home
visit program, this bill creates geographic disparities
among participants in welfare-to-work activities. The
author may want to consider if there is a solution to this
potential disparity as the bill moves forward.
While HHS endorses the home visiting programs as
potentially addressing a number of issues, including
helping families become self-sufficient, it is unclear
whether participating in California's home visiting
programs will meet the definition of welfare-to-work
activity participation.
Staff recommends the following amendments for clarity:
SEC. 3. Section 11320.3 of the Welfare and Institutions
Code is amended to read:
11320.3. (8) A woman who is pregnant and for whom it has
been medically verified that the pregnancy impairs her
ability to be regularly employed or participate in
welfare-to-work activities or the county has determined
that, at that time, participation will not readily lead to
employment or that a training activity is not appropriate.
If a pregnant woman is unable to secure this medical
verification, but is otherwise eligible for exemptions from
the welfare-to-work requirements defined in this
subdivision, including good cause for temporary illness
related to the pregnancy, she shall be excused from
participation. she shall be nonetheless eligible for other
exemptions from the welfare-to-work requirements, including
the exception for good cause provided in subdivision (f).
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SEC. 4. Section 11322.67 is added to the Welfare and
Institutions Code, to read:
11322.67. (b) This section shall be implemented only upon
receipt of a waiver of compliance with section 402 of the
Social Security Act by the United States Department of
Health and Human Services, in accordance with Section
11329.2 . , for the purposes of establishing more effective
ways to meet the goals of CalWORKs, particularly helping
parents successfully prepare for employment and supporting
the health and well-being of children.
POSITIONS
Support: Western Center on Law & Poverty (sponsor)
American Association of University Women
(AAUW) California
American Federation of State, County and
Municipal Employees (AFSME), CFL-CIO
Asian Law Alliance
Breastfeed LA
California Association of Food Banks
California Black Health Network
California Catholic Conference
California WIC Association
Lutheran Office of Public Policy -
California
Sacramento Housing Alliance
Oppose: None received
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