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SB-380 CalWORKs: child support.(2017-2018)

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Date Published: 04/27/2017 09:00 PM
SB380:v98#DOCUMENT

Amended  IN  Senate  April 27, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 380


Introduced by Senator Bradford

February 14, 2017


An act to amend Sections 11008.14 and 11450.16 of the Welfare and Institutions Code, relating to CalWORKs.


LEGISLATIVE COUNSEL'S DIGEST


SB 380, as amended, Bradford. CalWORKs: child support.
(1) Existing federal law provides for allocation of federal funds through the federal Temporary Assistance for Needy Families (TANF) block grant program to eligible states. Existing law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which, through a combination of state and county funds and federal funds received through the TANF program, each county provides cash assistance and other benefits to qualified low-income families.
For purposes of determining eligibility under the CalWORKs program, and for computing the amount of aid payment, existing law requires that families be grouped into assistance units, as specified. Existing law requires an assistance unit to include the eligible parents of the eligible child and the eligible siblings of the eligible child when those persons reside in the same home as the eligible child, except as specified.
This bill would exclude from the assistance unit a child for whom an adult in the assistance unit receives a payment of child support when an adult in the assistance unit has requested in writing that the child not be included in the assistance unit. The bill would require a notification to be made to a CalWORKs applicant or recipient, upon application or redetermination of eligibility under the CalWORKs program, regarding the option to exclude a child from the assistance unit pursuant to these provisions. By increasing the duties of counties administering the CalWORKs program, this bill would impose a state-mandated local program.
(2) Under existing law, the income of the natural or adoptive parent, the spouse of the natural or adoptive parent, and the sibling of an eligible child, living in the same home with an eligible child is considered available, in addition to the income of an applicant for or recipient of aid under the CalWORKs program, for purposes of eligibility determination and grant computation under certain social services programs, including the CalWORKs program.
This bill would instead provide that the income of the above-described relatives of a child who is not excluded from the assistance unit, pursuant to the provisions described in paragraph (1) above, is considered available for purposes of eligibility determination and grant computation. The bill would prohibit income through child support for a child excluded from the assistance unit from being considered available to any member of the assistance unit. By increasing the duties of counties administering the CalWORKs program, this bill would impose a state-mandated local program.
(3) Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program.
This bill would instead provide that the continuous appropriation would not be made for purposes of implementing the bill.
(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 11008.14 of the Welfare and Institutions Code is amended to read:

11008.14.
 (a) The income of the natural or adoptive parent, the spouse of the natural or adoptive parent, and the sibling of an eligible child not excluded from the assistance unit pursuant to subparagraph (B) of paragraph (2) of subdivision (c) of Section 11450.16, living in the same home with an eligible child shall be considered available, in addition to the income of an applicant for or recipient of aid under Chapter 2 (commencing with Section 11200), for purposes of eligibility determination and grant computation. Except as otherwise provided in this section, in the case of a parent or legal guardian of a minor who is also the parent of an eligible child, the income of the parent or guardian shall be considered available to the minor parent and eligible child to the same extent that income to a stepparent is considered available to an assistance unit. Income through child support for a child excluded from the assistance unit shall not be considered available to any member of the assistance unit.
(b) This section shall be applied to all applicants for, and recipients of, Aid to Families with Dependent Children provided under Chapter 2 (commencing with Section 11200), except that income of a guardian of an applicant for, or recipient of, foster care benefits provided under Article 5 (commencing with Section 11400) of Chapter 2 shall not be considered available to the ward or to a child of the ward for the purpose of eligibility determination and grant computation under Article 5 (commencing with Section 11400) of Chapter 2. This section shall be applied regardless of whether federal financial participation is available for the family.

SEC. 2.

 Section 11450.16 of the Welfare and Institutions Code is amended to read:

11450.16.
 (a) For purposes of determining eligibility under this chapter, and for computing the amount of aid payment under Section 11450, families shall be grouped into assistance units.
(b) Every assistance unit shall include at least one of the following persons:
(1) One of each of the following:
(A) An eligible child.
(B) The caretaker relative of an otherwise eligible child who is not receiving aid under Section 11250 because that child is receiving benefits under Title XVI of the Social Security Act (Subchapter 16 (commencing with Section 1381) of Chapter 7 of Title 42 of the United States Code), or Kin-GAP payments under Section 11364 or 11387, or foster care payments under Section 11461.
(2) A pregnant woman who is eligible for payments under subdivision (c) of Section 11450.
(c) (1) Except as provided in paragraph (2), every assistance unit shall, in addition to the requirements of subdivision (b), include the eligible parents of the eligible child and the eligible siblings, including half-siblings, of the eligible child when those persons reside in the same home as the eligible child.
(2) (A) This subdivision shall not apply to any convicted offender who is permitted to reside at the home of the eligible child as part of a court-imposed sentence and who is considered an absent parent under Section 11250.
(B) This subdivision shall not apply to any child for whom an adult in the assistance unit receives a payment of child support when an adult in the assistance unit has requested in writing that the child not be included in the assistance unit. Upon application or redetermination of eligibility under the CalWORKs program, a CalWORKs applicant or recipient shall be notified of the option to exclude a child from the assistance unit pursuant to this subparagraph.
(d) An assistance unit may, at the option of the family comprising the assistance unit, also include the nonparent caretaker relative of the eligible child, the spouse of the parent of the eligible child, otherwise eligible nonsibling children in the care of the caretaker relative of the eligible child, and the alternatively sentenced offender parent exempted under subdivision (c).
(e) If two or more assistance units reside in the same home, they shall be combined into one assistance unit when any of the following circumstances occurs:
(1) There is a common caretaker relative for the eligible children.
(2) One caretaker relative marries another caretaker relative.
(3) Two caretaker relatives are the parents of an eligible child.
(f) For purposes of this section, “caretaker relative” means the parent or other relative, as defined by regulations adopted by the department, who exercises responsibility and control of a child.

SEC. 3.

 No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of implementing this act.

SEC. 4.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.