2017 CA A 236: Bill Analysis - 03/03/2017 - Assembly Human Services Committee, Hearing Date 03/07/2017
Date of Hearing: March 7, 2017
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Blanca Rubio, Chair
AB 236 (Maienschein) - As Introduced January 30, 2017
SUBJECT: CalWORKs: housing assistance
SUMMARY: Adopts changes to California Work Opportunity and Responsibility to Kids (CalWORKs) housing assistance for temporary shelter to: remove the requirement that the assistance only be available for a consecutive period of time, increase the daily assistance amount, and make the assistance available to certain families receiving reunification services through the child welfare services system.
Specifically, this bill:
1) Provides that homeless assistance for temporary shelter is available to homeless families that would be eligible for CalWORKs aid except for the fact that the only child or children in the family are in an out-of-home placement per an order of the dependency court and if the family is receiving reunification services and the county has determined that homeless assistance is necessary to reunification.
2) Increases the nonrecurring special needs benefit for temporary shelter from $65 to $85 a day for up to four members of a family and further, increases the daily maximum special needs benefit for temporary shelter, for families with eight or more members, from $125 to $145.
3) Removes the stipulation that the annual maximum16 days of temporary shelter assistance be used in consecutive calendar days, and instead provides for a maximum of 16 days of temporary assistance that may be used intermittently over the course of 12 months.
4) Deletes the requirement that, for cases in which domestic violence is verified as specified, temporary assistance be limited annually to two periods of a maximum of 16 consecutive calendar days and instead stipulates that, in these cases, there is a maximum annual availability of 32 days of temporary assistance.
5) Makes conforming technical amendments.
6) Provides that no continuous appropriation, as specified, shall be made to implement the provisions of this bill.
EXISTING LAW:
1) Establishes under federal law the Temporary Assistance for Needy Families (TANF) program to provide aid and welfare-to-work services to eligible families and, in California, provides that TANF funds for welfare-to-work services are administered through the CalWORKs program. (42 U.S.C. 601 et seq., WIC 11200 et seq.)
2) Establishes income, asset and real property limits used to determine eligibility for the program, including net income below the Maximum Aid Payment (MAP), based on family size and county of residence, which is around 40% of the Federal Poverty Level. (WIC 11150 to 11160, 11450 et seq.)
3) Establishes a 48-month lifetime limit of CalWORKs benefits for eligible adults, including 24 months during which a recipient must meet federal work requirements in order to retain eligibility. (WIC 11454, 11322.85)
4) Requires all individuals over 16 years of age, unless they are otherwise exempt, to participate in welfare-to-work activities as a condition of eligibility for CalWORKs. (WIC 11320.3, 11322.6)
5) Establishes the number of weekly hours of welfare-to-work participation necessary to remain eligible for aid, including requirements for an unemployed parent in a two-parent assistance unit, as specified. (WIC 11322.8)
6) Entitles a family to receive an allowance for nonrecurring special needs related to housing or homelessness after that family has used all available liquid resources in excess of $100, as specified, and grants this allowance for different purposes and amounts, as follows:
a) Replacement of clothing and household equipment and for emergency housing needs other than temporary shelter;
b) Temporary shelter assistance for homeless families receiving CalWORKs for one period annually of 16 consecutive days, except as specified, and counts a break in the consecutive use of this assistance as permanent exhaustion of the benefit; and
c) Permanent housing assistance available to pay for last month's rent and security deposits when these payments are reasonable conditions of securing a residence, or to pay for up to two months of rent arrearages, when these payments are a reasonable condition of preventing eviction. (WIC 11450 (f))
7) Prohibits the sum of all housing assistance for nonrecurring special needs provided for to exceed $600 per event. (WIC 11450 (f)(1))
8) Establishes that the purpose of the dependency system is the maximum safety and protection of children who are currently being abused, neglected, or exploited. Provides that the focus is on the preservation of the family, as well as the safety, protection, and physical and emotional well-being of the child. (WIC 300.2)
9) States the intent of the Legislature to preserve and strengthen a child's family ties whenever possible and to reunify a foster youth with his or her biological family whenever possible, or to provide a permanent placement alternative, such as adoption or guardianship. (WIC 16000)
10) Requires the court, if at the initial hearing the juvenile court orders a child be removed from his or her parent or guardian due to abuse or neglect, to order that child welfare reunification services be provided to the family as soon as possible in order to reunify the child with his or her family, if appropriate. (WIC 319 (e))
11) Requires the court, at a dispositional hearing, to order a social worker to provide child welfare services to a child who has been removed from his or her parents' or guardians' custody and to the parents or guardians in order to support the goal of reunification, for a specified time period, except under certain circumstances. Provides that children and families in the child welfare system should typically receive a full six months of reunification services if the child is under three years of age, and twelve months if the child is over three years of age, but that may be extended up to 18 or 24 months, as provided. (WIC 361.5 (a))
12) Provides that reunification services need not be provided if the court finds, by clear and convincing evidence, that specified conditions exist, including, among other conditions:
a) The parent or guardian is suffering from a mental disability that renders the parent incapable of using the reunification services;
b) The parent or guardian has caused the death of another child through abuse or neglect;
c) The child or a sibling has been adjudicated a dependent as the result of severe physical or sexual abuse;
d) The parent or guardian has been convicted of a violent felony; and
e) The parent or guardian has a history of drug or alcohol abuse and has failed to comply with treatment programs as provided. (WIC 361.5 (b))
13) Prevents the court from ordering reunification services for a parent or guardian in specified situations, unless the court finds that reunification is in the child's best interest. (WIC 361.5 (c))
14) Allows any party to petition the court to terminate reunification services early, and allows the court to terminate those services after finding, by clear and convincing evidence, that:
a) Circumstances now exist that, had they previously existed, would have led the court to bypass or not order reunification services; or,
b) The action or inaction of the parent or guardian creates a substantial likelihood that reunification will not occur, including but not limited to the parent's or guardian's failure to visit the child, or the failure to participate regularly and make substantive progress in a court-ordered treatment plan. (WIC 388 (c))
FISCAL EFFECT: Unknown.
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 2016-17 monthly CalWORKs cash grant is $533.67 per household, and the maximum monthly grant amount for a family of three, if the family has no other income and lives in a high-cost county, is currently $714. According to recent data from the Department of Social Services (DSS), over 508,000 families rely on CalWORKs, including close to one million children.
Maximum grant amounts in high-cost counties of $714 per month for a family of three with no other income means about $23.80 per day, per family, or $7.93 per family member, per day to meet basic needs, including rent, clothing, utility bills, food, and anything else a family needs to ensure children can be cared for at home and safely remain with their families. This grant amount puts the annual household income at $8,568 per year, or 42% of the poverty level. Federal Poverty Guidelines for 2017 indicate that the poverty threshold for a family of three is $20,420 per year.
Homelessness in California: The US Department of Housing and Urban Development (HUD), in its Annual Homeless Assessment Report (AHAR), reported that on a single night in 2016, there were 549,928 homeless people counted in the United States (194,716 of these individuals were people who were part of homeless families with children). That same report revealed that 22% (118,142) of those people experiencing homelessness were counted in California, 78,390 of which were unsheltered. It is important to note that this number is for a single night and is neither exhaustive of the number of Californians experiencing homelessness on a daily basis nor the number of Californians who experience homelessness each year.
Homelessness has particularly damaging effects on children. According to the National Center on Family Homelessness, nearly 2.5 million children in the US will experience homelessness over the course of a year. The AHAR revealed that on that same night in 2016, 22% of homeless individuals were children under age 18. The effects of homelessness on children span from hunger and related physical, cognitive and developmental issues to lowered academic achievement and increases in stress, depression, emotional instability and overall poor mental health.
CalWORKs homeless assistance: For purposes of identifying families eligible for CalWORKs homeless assistance, a family is considered homeless if the family lacks a fixed and regular nighttime residence, if the family's primary nighttime residence is a shelter, or if the family is residing in a public or private place that is not an appropriate sleeping place for human beings. Additionally, a family can be considered homeless for CalWORKs purposes if the family has received an eviction notice and the cause of eviction is the result of a verified financial hardship.
Temporary shelter assistance and permanent housing assistance are two types of housing assistance provided to homeless families under the CalWORKs program. Whereas permanent housing assistance can be provided to help secure or maintain permanent housing and help prevent eviction for a family, temporary shelter assistance is provided to homeless families for up to 16 consecutive days. Temporary shelter assistance for a family of up to four people is $65 per day, and $15 is provided for each additional family member. The maximum amount of temporary shelter assistance any family can receive is $125 per day, and the assistance can only be used to pay for housing provided in a commercial establishment, a shelter, or an established rental property. Additionally, CalWORKs recipients must provide proof to the county that they are searching for permanent housing while they are receiving this benefit and proof that the shelter assistance was used to pay for allowable housing. Any break in the use of the assistance, including one night spent with a friend or relative, automatically terminates a family's ability to receive shelter assistance for any days remaining within the 16 consecutive day limit. The 16 consecutive day limit is an annual limit for temporary shelter assistance, provided that a family doesn't meet criteria for an exception. A family may receive temporary shelter assistance for two periods of up to 16 consecutive days if the family's homelessness is the direct result of domestic violence as verified by a sworn statement.
In California each month, county CalWORKs offices receive an average of 4,300 requests for homeless assistance.
Reunification services: The court may order reunification services for parents who have had a child removed from the home and placed into the dependency system when it is determined that reunification with the family would ultimately benefit the child. These services can encompass a range of supports, including parenting classes, substance abuse treatment, family therapy, and home visiting, among others, aimed at responding to the needs of the child and the parents. Depending on the child's age, reunification services can be offered for between 6 months (for children under the age of 3) and 12 months (for children ages 3 and older). Extensions for certain circumstances may be granted if there is a substantial probability that the child will be returned to the physical custody of his or her parents, and for parents in certain circumstances, including those making significant and consistent progress in a court-ordered residential substance abuse treatment program, or recently discharged from incarceration, institutionalization, or the custody of the United States Department of Homeland Security and making progress in establishing a safe home for the child.
Need for this bill: According to the author, "Because the temporary housing assistance is only available for 16 consecutive days, a break in assistance inadvertently punishes families who, for one reason or another, have to vacate their temporary lodgings for even one day. Out-of-area travel for job opportunities, childcare obligations, or medical related travel can interrupt a 16-day consecutive hotel stay. Sometimes the interruptions in the 16-day consecutive stay come when a family vacates a hotel or motel because it is unsuited for children or they have a temporary offer to stay with a family or friend. Whether or not the family has a choice to stop aid before the 16th day, the rule itself establishes a disincentive to find alternative arrangements, seek prospective opportunities for employment, or to tend to pressing health or family obligations during this time period. Further, the current per diem rate is insufficient for families with children and contributes to their conflict of not being able to find adequate shelter. The purpose of the CalWORKs temporary housing assistance is to enable homeless families with children to stay off of the street and more quickly secure permanent housing. [This bill] strengthens the ability of the program to achieve that goal by increasing options for our state's poorest families with children and improving program administration."
PRIOR LEGISLATION:
AB 1603 (Assembly Committee on Budget), Chapter 25, Statutes of 2016, among other things, permitted CalWORKs families receiving a temporary or permanent benefit under the Homeless Assistance Program to, as of January 1, 2017, receive this benefit once every 12 months, versus once in a lifetime.
AB 2631 (Santiago), 2016, would have removed the once-in-a-lifetime limit on CalWORKs homeless assistance benefits and extended from 16 days per lifetime to 30 days, per year, the permissible length of time for receipt of temporary shelter assistance. It died in the Assembly Appropriations Committee.
AB 702 (Maienschein), 2015, was substantially similar to AB 264 (Maienschein), 2014. It died in the Senate Appropriations Committee.
AB 264 (Maienschein), 2014, would have deleted the requirement that CalWORKs temporary shelter assistance be provided consecutively to a limit of 16 days and instead allowed a family to receive temporary shelter assistance for a total of 16 calendar days to be used at any time they were both homeless and receiving CalWORKs aid. It died in the Senate Appropriations Committee.
AB 1452 (Stone), 2014, would have provided additional temporary assistance to homeless families receiving CalWORKs benefits by increasing the daily temporary shelter assistance amount from $65 to $75 and attaching an annual cost of living adjustment to that amount. It died in the Senate Appropriations Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
Coalition of California Welfare Rights Organizations, Inc., (Co-sponsor)
County Welfare Directors Association of California (CWDA) (Co-sponsor)
American Federation of State, County and Municipal Employees
California Alternative Payment Program (CAPPA)
California Association of Food Banks
California Catholic Conference, Inc.
California School Board Association (CSBA)
California State Association of Counties (CSAC)
Center for Law and Social Policy (CLASP)
Courage Campaign
Friends Committee on Legislation of CA (FCLCA)
San Francisco Living Wage Coalition
Santa Clara County Board of Supervisors
Ventura County Board of Supervisors
Western Center on Law and Poverty
Opposition
None on File.
Analysis Prepared by: Daphne Hunt / HUM. S. / (916) 319-2089 |