"Welfare Conference Committee Actions"
June 12, 1997
Final Summary of Welfare Conference Committee Actions
Domestic violence: 1) Department of Social Services, County
Welfare Directors, and District Attorneys' Association to develop
a state protocol for handling domestic violence cases and a
training curriculum for workers. 2) County plan for will specify
how counties will train employees related to domestic violence
and which employees will receive training.
Individual Development Accounts: Authorize welfare recipients to
establish accounts for qualified purposes including business
capitalization, purchase of a home, education, job training.
Job retention services: Allow services for up to 12 months to the
extent they are not available through the employer of entity
placing the recipient in the job.
Create child support assurance program for families with existing
child support order.
Eligibility: Deprivation: Eliminate the "look back" for
determining attachment to the workforce for unemployed parents
and the requirement that the parent be unemployed for at least 30
days.
Eligibility: Immunizations: Make no change in current law
Child support cooperation and good cause exceptions (SB 1185
proposal): Custodial parents to assign rights to support to the
state; definition of cooperation; DA to determine of parent is
cooperating; penalty of 25 percent of grant; good cause
determined by county welfare department; assigned staff trained
in domestic violence issues; good cause defined; collocation of
DA staff in county welfare offices either physically or through
telephone access.
Child care disregard: Eliminate child care disregard in favor of
a "direct pay" approach whereby counties pay child care providers
directly; disregard funds to remain with the counties.
Reconsideration of child support disregard: establish $75
disregard
Asset limits: Exempt one automobile per family of any value;
limit of $4,500 equity value for other vehicles; align TANF and
food stamp asset rules; align applicant and recipient rules;
apply $2,000 asset rule (exempt life/burial insurance, household
furnishings, tools).
Paternity Establishment: Eligibility: Impose sanction if parent
fails to cooperate with paternity establishment; no link between
TANF eligibility and paternity establishment.
Provide assistance for elderly immigrants to establish disability
to requalify for SSI
Create state only SSI program for children who lose eligibility
due to changes in definitions of disability
SSI/SSP benefits for elderly legal immigrants who will lose
eligibility
In-Home Supportive Services for elderly legal immigrants who
would otherwise be eligible for SSI/SSP
Allow legal immigrants entering the US after 8/22/96 to receive
AFDC benefits
Provide citizenship assistance to legal immigrants
Food stamp replacement for legal immigrants by purchasing federal
food stamps, if permitted under federal law
Income: Definitions: Use current AFDC definitions of what is
countable income for TANF, food stamps, and Medi-Cal with
exceptions.
Lump sum income: Use current food stamp rule which treats lump
sum income as a resource rather than income.
Aligning program rules: Make TANF recipients automatically
eligible for food stamps and Medi-Cal.
Monthly reporting: establish exception reporting when income
exceeds a unspecified threshold; establish mandatory 6 month
financial eligibility redeterminations; recalculate grant
prospectively
Diversion/Prevention Assistance: Option A: authorize counties to
offer cash or 3rd party voucher payments up to the value of 3
months of aid to prevent the need for assistance
GAIN: Appraisal and orientation: Add to existing law description
of job club/job search inclusion of a process to identify
client's qualifications and include consideration of the skills,
and interests of the participants in developing a job search
strategy.
GAIN exemption -- pregnancy: Option B: exempt women in third
trimester
GAIN Exemptions: Caretaker relatives: Exempt all non-aided
caretaker relatives. Exempt all aided caretaker relatives (1) who
care for children who are dependents or wards of the court, (2)
who are over 50, or (3) cases where the county determines that
there is a risk of placement in foster care
GAIN exemptions -- disability: Current law with medical
verification of illness or incapacitation
GAIN exemptions-- teen parents: Option A: continue Cal-Learn
until 2001 and extend eligibility through age 19 or high school
graduation
GAIN exemptions: Option A: Eliminate remoteness exemption but
retain good cause for non-participation due to lack of
transportation
GAIN exemptions for work: Exempt single parents working a minimum
of 20 hours per week. Counties may requires additional 10 hours
of job search or training activities.
GAIN exemptions: Educational exemptions: exempt student if making
good progress in a program that leads to employment; 24 months
full-time and 36 months part-time; locally develop list of
acceptable programs, otherwise county determines; permit
exemptions up to 12 months for all students currently enrolled in
program; allow transfer to program leading to employment.
Approved program must report data for "report card" purposes.
Modify educational exemption to limit private postsecondary
training programs to those approved or exempted by appropriate
state regulatory agency and in compliance with the law
Require evaluation and accountability for the manner in which
counties are implementing education al exemptions and making
determinations of what program lead to employment
GAIN deferral for lack of supportive services: continue but
require mandatory review at least every 6 months.
Send participants first to job search/job club, then to
assessment. Allow case manager at their discretion to refer
client to basic education or to send the client on to assessment
if they clearly lack sufficient skills.
GAIN: Assessment: Who conducts: Make no change in current law.
GAIN: Assessment items: Retain current law adding consideration
of local labor market information and physical or mental
conditions that limit ability to reach employment goals.
GAIN: Assessment: Additional services: Activities to include but
not be limited to list in current law plus substance abuse,
mental health treatment, and domestic violence counseling; assign
activities through an individual participation plan designed to
move individuals to self sufficiency.
Work requirements for non-aided parents (including undocumented):
no change in current law.
GAIN Deferral: Union members: current law with review at least
every 6 months
GAIN: fully fund GAIN so that all can be served
GAIN exemption: Domestic Violence: Exempt domestic violence
victims from work requirement only if participation is
detrimental to or unfairly penalizes the individual or family
Domestic violence exemption: Conduct re-evaluations in accordance
with other routine periodic re-evaluation by the county
GAIN Exemption: legal difficulties: Allow counties to conduct
case-by-case evaluations
GAIN: Duration of job search: Maximum of three months' duration
for job search/job club.
GAIN: Exemption from job search: Retain current law except
referral to Cal-Learn through age 19 and delete exemption for
those who seek or need basic education.
County MOE and share of cost: Budget 1996-7 TAN expenditures
between state and counties; maintain existing sharing ratios for
grants; consolidate GAIN and county administration funds into a
single allocation ; cap county spending at 1996-97 level or the
level needed to maintain the county's contribution to the federal
maintenance of effort; reduction in county spending below the MOE
will result in proportionate reductions in state allocation.
Require report from DSS and county organizations to consider
alternatives for budgeting and allocation to be implemented in
time for 1998-99.
County accountability: performance outcomes: adopted statement of
goals and requirements for monitoring performance of counties.
Contracting: Prohibit contracting out TANF services over and
above those services allowed under current law.
Contracting with religious organizations: No change in current
law.
IEVS Notification: Require counties to notify recipients when
discrepancy exists between IEVS data and reported income within
15 days of discovery in automated counties and within 30 days in
non-automated counties.
Fraud: Denial of benefits for 10 years for making fraudulent
statements to obtain aid in more that one state; applying for
fictitious children; making false statements that lead to
obtaining aide in excess of $10,000. Restitution of illegally
obtained benefits ends the period of ineligibility
Automation issues: Create a statewide capacity to track total
lifetime amount of time on aid in any county
Automatic Benefit Transfer: In consultation with the counties,
design and implement, a single statewide electronic benefit
transfer system which would be used for all benefit payments
including AFDC, food stamps, WIC, and general assistance
Automation: Options A and B:
(1) Redesign data systems for case management to provide better
access to information for TANF workers;
(2) Require DSS to prepare a yearly report on its progress in
working with counties and state agencies to achieve goals of
better data systems and performance management.
Automation: Option D: Identify a high level coordinator who
reports to Finance and Information Technology to lead the effort
to determine how TANF, Medi-Cal, child support, and child care
automated systems will relate to one another and how they will be
most helpful to the counties. The position is to be funded out of
redirection from non-TANF sources.
Research, Monitoring, and Evaluation: Options A, B, C, D with
respect to Cal-Learn evaluation, and E:
(1) Require information sharing procedures;
(2) Establish advisory committee;
(3) Fund research center;
(4) Continue Cal-Learn evaluation;
(5) Establish joint effort to link TANF and other data systems.
Employer tax credit of an unspecified amount for transportation
provided to TANF recipients who are employees
Administrative simplification: Limit overpayment recoupment to 10
or 5 percent of applicable maximum aid payment
Juvenile probation facilities: Adopt language to enact the
Comprehensive Youth Services Act to provide TANF funding to
support a continuum of family focused case specific services for
at-risk youth and youthful offenders.
General time limit exemptions: caretaker relatives, lack of
supportive services, disability, illness, incapacity, Cal-Learn
participants, provisional aid period, and months when child
support equals or exceeds the cost of cash aid received.
Establish time limit beginning with receipt of welfare to work
services, extend for 18 months with an additional 6 months if the
extension will likely to result in employment, or for up to an
additional year if demographic or economic conditions are such
that the job market is limited. Additional time at the
discretion of the county for those with significant treatment
needs.
Time limits: post time limit assistance: continue assistance at
the regular grant levels, provided recipients are working and
fully cooperating
Grant levels: Make no change in current law
Treatment of earned income: disregards: Disregard the first $350
of unearned or earned income and 50 percent of remaining earned
income.
GAIN Sequence: After appraisal, up to 3 months of provisional aid
during which intensive job search and job club services will be
provided. (Provisional aid counts toward a recipient's 5 year
lifetime limit.) Next recipients will be referred to assessment
followed by agreement on written employment contract with their
GAIN case managers specifying the work, training or education
activity or activities and the support services. After completion
of the services in the contract and an additional 6 weeks of job
search, community service employment will be used as a last
resort.
Allowable GAIN activities: adopted compromise language
delineating allowable GAIN activities with amendments to modify
child care provider positions.
Requirements-work participation: Exempt from work participation
parents with child at least younger than one year (may consider
higher threshold later)
Domestic violence: definition: Adopt federal definition of
domestic violence, but include stalking.
Verify domestic violence claims by sworn statements of past,
present , or risk of future abuse by a victim unless the agency
documents in writing an independent reasonable basis to find the
recipient not credible.
Domestic violence: state-only TANF benefits for immigrants who
are victims of domestic abuse and are or were married to
permanent residents or US citizens
Waiver authority for Jobs-Plus Community Revitalization
Initiative for public housing families.
One-Stop Centers: Target expansion of One-Stop Career Centers to
areas of state with high caseloads; require county welfare
department participation
Encourage the development of a new "Wellness Guide" appropriate
for welfare parents to be available through counties
Job listings: Direct EDD to develop and coordinate a state system
for job listing; access to these lists at one-stop centers with
in-person assistance available; review why current job listings
are declining and find ways to encourage more listing
Adopt SB 655 regional collaboration proposal
Draft a committee bill to require immediate county and local or
regional collaboration on job creation; require all stakeholders
to be part of the process.
Develop a plan and budget to enhance labor market, business, and
industry information of use to counties
"Put California to Work" linked deposit initiative for local
government
Use the Infrastructure Bank to assist in funding job-creating
infrastructure
Create the Job Creation Investment Fund
Community college funding for customized training to train
existing workers to allow their advancement and open entry
position for welfare parents
Require retraining of welfare workers and basic skill training
for recipients
Micro-enterprise development (SB 1085)
Community Service Employment: establish statewide guidelines for
local program design; adopt a local plan; require job search
prior to public service employment; limit unpaid community
service work; meet federal Fair Labor Standards Practices Act
and pay wages based on comparable work and skill level and
experience; include anti-displacement provisions.
Vocational and Adult Education: After provisions for growth and
COLA, lift enrollment caps on adult education, ROCP, and non-
credit community college funding to fund increases in the number
of TANF recipients enrolled; pay for additional students with
Prop 98 funds; require a maintenance of effort in level of
services to TANF recipients.
JTPA funds: Target any increased funding for JTPA to services for
welfare parents.
Community colleges: enhanced funding for non-credit classes with
above average cost
Community colleges: direction for use of funds appropriated for
curriculum development
Community colleges: Allow counseling and matriculation services
for noncredit and credit students from existing funding to the
extent provided in the budget act
Community College/Adult Education: Establish collaborative
process in which local adult education providers agree on the
allocation of additional education funding; local plan is a
prerequisite for receipt of additional funding
Employment Training Panel proposal:
(1) Waive current out-of-state competition restriction for
eligible industries.
(2) Allow flexibility in employment retention requirement for
former welfare recipients.
(3) Allow flexibility on wage requirement for program
participants.
(4) Allow basic skills training to remain employed.
(5) Simplify employer contracting requirements.
(6) Set aside funds to train and promote existing workers to free
up entry level positions for welfare parents.
Retain $20 million from Employment Training Fund targeted toward
welfare recipients.
Require the state to develop a mechanism to provide financial and
performance incentives for coordination of local educational
services among higher education, community colleges, and K-12
systems. To be implemented during 1998-99.
Require DSS and EDD to report about the feasibility of combining
employment related functions of each department; due 6 months
from enactment
JTPA: Waivers for stand alone job search, job club, job search
assistance and work experience; allow provision of training and
post-termination service for up to one year.
Option A: Alternate base period to determine UI eligibility
Option B: Lower the minimum qualifying earnings for UI.
Option C: Increase wage replacement rate for UI benefits from 39
to 50 percent
Option E: Add UI dependent coverage of $25 per week for up to 4
dependents
Earned Income Tax Credit: establish refundable state credit at
unspecified percentage of federal credit for filers with
qualifying dependent children.
Earned income tax credit: adopted at 15 percent of the federal
credit for taxpayers with qualifying dependent children, provided
costs deferred until 1998-99
Adopt provisions of SB 888 and fund through money provided for
economic development
Child care agreement, dated 5/19/97:
(1) Three stages child care services (modified to clarify that
the first stage may be extended up to 6 months in special
circumstances);
(2) Local planning councils-- membership and responsibilities;
Administrative consistency in rates, fees, applications, parental
complaint process;
(3) Capacity building -- determine unused capacity and work with
Head Start and State Preschool.
(4) Conflict of interest.
Child care for TANF recipients transitioning to work: Families
receive care under a streamlined system that does not
differentiate between TANF and the working poor. Families can
continue to receive care as long as they meet eligibility and
income requirements (below 75 percent of state median income or
200 percent of poverty).
Exemptions from work requirements: exempt parents with child
younger than 24 months. Do not count time during exemption
against time limits. Exemption for a second child based on
current law.
Exemption due to lack of child care applicable to children
through age 11.
Child care reimbursement rate: establish rate for all programs at
1.5 standard deviations above the mean rate in the local market
area
High quality child care programs:
(1) Increase consumer education and consumer awareness so that
parents will look for and demand high quality child care.
(2) Provide additional voluntary training opportunities for all
providers -- those with licenses and those exempt from licensure.
(3) Target and focus some training for exempt providers and/or a
course on child care development for all licensed family day care
providers.
(4) Consider the expansion of school-based child care at those
schools where over 65 percent of children are eligible for free
or reduced cost meals.
Food stamp waivers: Require DSS to apply for waivers related to
able-bodied adults
Transportation: coordination between transit providers and the
county welfare department; funding priority for public transit to
enhance services for welfare-to-work purposes; where public
transit services are unavailable, priority should be given to the
alternatives such as subsidies, vouchers, van pools, and contract
paratransit operations.
General Assistance: Implement state share in GA costs including
30 percent of grant spending and 15 percent of administration.
Establish standard grant structure. Establish task force to
study integration of GA and TANF programs.
Transportation: Require DSS to include transit operators and
Consolidated Transportation Service Agencies in the state plan
preparation process.
Alcohol and drug treatment services: increase availability
Substance abuse treatment: Allocation of $20 million to counties
for substance abuse treatment services provided pursuant to a
recipient's employability plan
TANF exclusion for drug felons: Adopt agreement excluding those
convicted of a felony for sale for a time up to the length of the
sentence. Persons convicted of possession or use for similar
periods unless they enroll in or complete a treatment program and
the person remains drug-free.
Proposed Alternative Mental Health Services as part of Welfare
reform:: $20 million General Fund grant to counties for the non-
federal share of mental health services provided as part of
employability plan
Mental health assessment: Additional procedures for referral to
mental health services
Transitional Medi-Cal: simplify procedures to enroll and create a
new form will provide information on monthly status
Transitional Medi-Cal: modify from 12 to 24 months the waiver to
extend program
Child care capacity: loan guarantee and subordinated loan funds
GAIN Funding Equity:
(1) Retain current base GAIN funding.
(2) Allocate one-third of additional funds above the 1996-97
level to counties that have been most severely underfunded as
measured by the dollars per aided adult.
(3) Allocate the remaining two-thirds of the additional funds in
proportion to each county's share of aided adults
.
Create a Joint Legislative Committee on Tribal Issues Relating to
Welfare Reform
Tribal issues: Funding:
(1) Allocate annually to any tribe administering its own welfare
program the state and county funds that would otherwise have been
spent to provide services to the Indian families who will be
served by the tribal program.
(2) Set county funding at no more than the amount spent by
counties for the affected population during the 1994 federal
fiscal year.
(3) Express intent that the counties are consulted as the
negotiations between the state and participating tribes progress.
Direct state administration and other agencies to automatically
request available exemptions or waivers on behalf of Indian
reservations and rancherias independent of county participation ,
demographics, or circumstances.
Tribal issues: Data reconciliation and collection:
(1) DSS and counties work with tribes to reconcile state and
local data collection mechanisms to facilitate federal reporting
requirements, whether or not a tribe chooses to administer its
own welfare program;
(2) Share tribe-specific information on welfare recipients to
assist tribes in determining whether or not to administer an
independent TANF program.
(3) Implement new data systems to be able to obtain necessary
information for federal reporting on tribes and for tribal
information needs
Eligibility: School Attendance: Make no change in current law
GAIN: Conciliation process: Adopt agreement to make initial
notice of noncompliance a notice of action to change grant
payment, effective in 30 calendar days. Determination of good
cause for noncompliance or agreement to a plan of compliance must
occur within 20 days.
Child support case registry. Adopted policy to conform with
federal law
Child support centralized collection and distribution: Require
franchise tax board to operate state system.
Reconsideration of centralized collection: establish advisory
committee to recommend approach to creating central unit.
Prepared by David Maxwell-Jolly, Senate Appropriations Committee
12