BILL NUMBER: AB 833 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Yamada
FEBRUARY 17, 2011
An act to amend Section 11450.04 of the Welfare and Institutions
Code, relating to public social services, and making an appropriation
therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 833, as introduced, Yamada. CalWORKs: maximum aid payments.
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 for the allocation of federal funds received through the TANF
block grant program, under which each county provides cash
assistance and other benefits to qualified low-income families.
Existing law continuously appropriates moneys from the General Fund
to defray a portion of county aid grant costs under the CalWORKs
program.
Under existing law, for purposes of determining a family's maximum
aid payment under the CalWORKs program, the number of needy persons
in the same family is not increased for any child born into a family
that has received aid under the CalWORKs program continuously for the
10 months prior to the birth of the child, with specified
exceptions.
This bill would, commencing January 1, 2012, revise the exceptions
to the maximum aid payment provisions described above, also referred
to as the Maximum Family Grant rule (MFG),to include an exception
for a child who is disabled, pursuant to specified federal law.
By expanding eligibility under the CalWORKs program, this bill
would make an appropriation.
To the extent that this bill affect affects eligibility under the
CalWORKs program, the bill would create a state-mandated 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 these
statutory provisions.
Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11450.04 of the Welfare and Institutions Code
is amended to read:
11450.04. (a) For purposes of determining the maximum aid payment
specified in subdivision (a) of Section 11450 and for no other
purpose, the number of needy persons in the same family shall not be
increased for any child born into a family that has received aid
under this chapter continuously for the 10 months prior to the birth
of the child. For purposes of this section, aid shall be considered
continuous unless the family does not receive aid during two
consecutive months. This subdivision shall not apply to applicants
for, or recipients of, aid unless notification is provided pursuant
to this section.
(b) This section shall not apply with respect to any of the
following children:
(1) Any child who was conceived as a result of an act of rape, as
defined in Sections 261 and 262 of the Penal Code, if the rape was
reported to a law enforcement agency, medical or mental health
professional or social services agency prior to, or within three
months after, the birth of the child.
(2) Any child who was conceived as a result of an incestuous
relationship if the relationship was reported to a medical or mental
health professional or a law enforcement agency or social services
agency prior to, or within three months after, the birth of the
child, or if paternity has been established.
(3) Any child who was conceived as a result of contraceptive
failure if the parent was using an intrauterine device, a Norplant,
or the sterilization of either parent.
(4) Commencing January 1, 2012, any child who is disabled,
pursuant to the federal Individuals with Disabilities Education Act
(IDEA), 20 U.S.C. Section 1400 et seq. A child who satisfies the
requirements of this paragraph shall be included as a needy person
for purposes of calculating aid beginning on the later of; January 1,
2012, or the date of diagnosis of the disability.
(c) This section shall not apply to any child born on or before
November 1, 1995.
(d) (1) This section shall not apply to any child to whom it would
otherwise apply if the family has not received aid for 24
consecutive months while the child was living with the family.
(2) This section shall not apply to any child conceived when
either parent was a nonneedy caretaker relative.
(3) This section shall not apply to any child who is no longer
living in the same home with either parent.
(e) One hundred percent of any child support payment received for
a child born into the family, but for whom the maximum aid payment is
not increased pursuant to this section, shall be paid to the
assistance unit. Any such The child
support payment shall not be considered as income to the family for
the purpose of calculating the amount of aid for which the family is
eligible under this article.
(f) Commencing January 1, 1995, each county welfare department
shall notify applicants for assistance under this chapter, in
writing, of the provisions of this section. The notification shall
also be provided to recipients of aid under this chapter, in writing,
at the time of recertification, or sooner. The notification required
by this section shall set forth the provisions of this section and
shall state explicitly the impact these provisions would have on the
future aid to the assistance unit. This section shall not apply to
any recipient's child earlier than 12 months after the mailing of an
informational notice as required by this subdivision.
(g) (1) The department shall seek all appropriate federal waivers
for the implementation of this section.
(2) The department shall implement this section commencing on the
date the Director of Social Services executes a declaration, that
shall be retained by the director, stating that the administrative
actions required by paragraph (1) as a condition of implementation of
this section have been taken by the United States Secretary of
Health and Human Services.
(h) Subdivisions (a) to (g), inclusive, shall become operative on
January 1, 1995.
SEC. 2. 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.