(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, commencing November 1, 2018, prohibit the inclusion of a stepsibling or half-sibling for whom child support payments are received, as specified, in the number of needy persons in the same family for purposes of determining the maximum aid payment under the CalWORKs program and for no other purpose, if certain conditions are met, including, among others, that the parent or caretaker relative for the assistance unit has requested that exclusion in writing. The bill would require each
county welfare department to notify CalWORKs applicants and recipients of these provisions, in writing, as specified. The bill would require both the State Department of Social Services
and the Department of Child Support Services to each seek all appropriate federal waivers for the implementation of these provisions as necessary. 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, with respect to the income of the sibling of an eligible child, would, commencing November 1, 2018, instead provide that the income is considered available unless the sibling is not included in the number of needy persons used to calculate the maximum aid payment pursuant to the provisions described in paragraph (1) above. The bill would prohibit income through child support for a child not included in the number of needy persons used to calculate the maximum aid payment 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) This bill would authorize the State Department of Social Services to implement and administer the above-described provisions through all-county letters or similar instructions until regulations are adopted, and would require the department to adopt emergency regulations and final regulations, as specified.
(4) 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.
(5) 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.