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AB-2030 CalWORKs: accommodations.(2017-2018)

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Date Published: 05/26/2018 04:00 AM
AB2030:v97#DOCUMENT

Amended  IN  Assembly  May 25, 2018
Amended  IN  Assembly  April 02, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2030


Introduced by Assembly Member Limón

February 05, 2018


An act to add Sections 11051 10824.5, 11051, and 11262 to the Welfare and Institutions Code, relating to CalWORKs.


LEGISLATIVE COUNSEL'S DIGEST


AB 2030, as amended, Limón. CalWORKs: accommodations.

Existing

(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. California’s version of this program is CalWORKs. Under the CalWORKs program, each county provides cash assistance and other benefits, through a combination of state and county funds and federal funds received through the TANF program, to qualified low-income families and individuals who meet specified eligibility criteria.
Under the CalWORKs program, recipients are required to participate in specified welfare-to-work activities, unless an exception applies. Existing law prohibits medically disabled individuals, as specified, from being required to participate in welfare-to-work activities for so long as the condition continues to exist. Existing law requires that an applicant or recipient be excused from participation in welfare-to-work activities for good cause when the county determines that the applicant or recipient is a victim of domestic violence, as specified. Existing law also authorizes specified supportive services and accommodations for applicants and recipients who are victims of domestic violence or who are experiencing specified conditions, including emotional, mental, or developmental disabilities.
Existing law requires applications for public social services or public assistance, including CalWORKS, to be made to the county welfare department of the county in which the applicant is living. Existing law authorizes applications to be made in writing or upon the standard form prescribed in regulations of the Department of Social Services. Existing law also requires counties to redetermine the eligibility and grant amounts of a CalWORKs recipient on a semiannual basis through the submission of a semiannual report form.
The federal Americans with Disabilities Act prohibits public entities, such as a state or local government, from discriminating against individuals with a qualified disability or denying those individuals with access to the benefits, services, programs, or activities of that public entity due to disability.
This bill would require the Department of Social Services to include questions that enable an applicant for, or recipient of, public social services or public assistance, including CalWORKS, to disclose a disability, the need for accommodation due to disability, or any experience of domestic violence in any amendment or revision to the standard form for initial applications and the CalWORKs semiannual report form adopted on or after January 1, 2019. The bill would require a county welfare department to include a notice that is immediately visible upon opening the file of an applicant or recipient to inform a caseworker of the need for an accommodation consistent with the Americans with Disabilities Act, if a need for accommodation is indicated by the applicant or recipient on the forms described above. The bill would also require a county welfare department to include a notice that is immediately visible upon opening the file of an applicant or recipient to inform a caseworker of potential eligibility for exemptions from, or exceptions to, CalWORKS program requirements, if a disability or domestic violence experience is disclosed by the applicant or recipient on the forms described above. By imposing new duties on county welfare departments, this bill would create a state-mandated local program.

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.

(2) Existing law directs the Office of Systems Integration within the California Health and Human Services Agency to implement a statewide automated welfare system for specified public assistance programs, including, among others, the CalWORKs program. Existing law establishes specified goals for the system, including, among others, the equitable, timely, and consistent treatment of recipients within each program and the reduction of administrative complexity.
This bill would require the Office of Systems Integration to collaborate with county welfare departments to include a notification in the state automated welfare system to inform the caseworker of a public assistance program applicant or recipient that the applicant or recipient has disclosed the need for an accommodation consistent with the Americans with Disabilities Act or has disclosed a disability or domestic violence experience that may affect his or her eligibility for certain exemptions from, and exceptions to, CalWORKs program requirements. The bill would require the notification to be immediately visible to the caseworker upon opening the applicant or recipient’s file in the system and would require the notification to be included in any revision, modification, or update to the system made on or after January 1, 2019.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YESNO  

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


SECTION 1.

 Section 10824.5 is added to the Welfare and Institutions Code, to read:

10824.5.
 (a) The Office of Systems Integration shall collaborate with county welfare departments to include a notification in the state automated welfare system to inform the caseworker of a public assistance program applicant or recipient of the following information:
(1) That the applicant or recipient has indicated the need for an accommodation due to disability consistent with Section 12132 of Title 42 of the United States Code and Section 35.130 of Title 28 of the Code of Federal Regulations.
(2) That the applicant or recipient has disclosed a disability or experience of domestic violence that may affect his or her eligibility for certain exemptions from, and exceptions to, program requirements contained in Chapter 2 (commencing with Section 11200) of Part 3.
(b) The notification required by this section shall be immediately visible to the caseworker upon opening the applicant or recipient’s file in the state automated welfare system and shall be included in any revision, modification, or update to the system made on or after January 1, 2019.

SECTION 1.SEC. 2.

 Section 11051 is added to the Welfare and Institutions Code, to read:

11051.
 (a)The department shall include questions that enable an applicant to disclose a disability, the need for accommodation due to disability, and any experience of domestic violence, in any amendment or revision adopted on or after January 1, 2019, to the standard form for initial applications described in Section 11050.

(b)If an applicant indicates the need for an accommodation due to disability consistent with Section 12132 of Title 42 of the United States Code and Section 35.130 of Title 28 of the Code of Federal Regulations, the county welfare department shall include a notice that is immediately visible upon opening the applicant’s file to inform the applicant’s caseworker of the applicant’s need for accommodation.

(c)If an applicant discloses a disability or experience of domestic violence, the county welfare department shall include a notice that is immediately visible upon opening the applicant’s file to inform the applicant’s caseworker of the applicant’s potential eligibility for certain exemptions from, and exceptions to, program requirements contained in Chapter 2 (commencing with Section 11200).

SEC. 2.SEC. 3.

 Section 11262 is added to the Welfare and Institutions Code, to read:

11262.
 (a)The department shall include questions that enable a recipient to disclose a disability, the need for accommodation due to disability, and any experience of domestic violence, in any amendment or revision adopted on or after January 1, 2019, to the semiannual report form described in Section 11265.1.

(b)If a recipient indicates the need for an accommodation due to disability consistent with Section 12132 of Title 42 of the United States Code and Section 35.130 of Title 28 of the Code of Federal Regulations, the county welfare department shall include a notice that is immediately visible upon opening the recipient’s file to inform the recipient’s caseworker of the recipient’s need for accommodation.

(c)If a recipient discloses a disability or experience of domestic violence, the county welfare department shall include a notice that is immediately visible upon opening the recipient’s file to inform the recipient’s caseworker of the recipient’s potential eligibility for certain exemptions from, and exceptions to, program requirements contained in this chapter.

SEC. 3.

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.