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  7. 1010 Unanswered Questions About Agnos-Swoap Workfare Bill – AB 2580

pdf 1010 Unanswered Questions About Agnos-Swoap Workfare Bill – AB 2580

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” QUESTIONS ABOUT A.B. 2580 1. How will a \”cost effective county plan\” be defined? 2. Why shouldn’t each county be required to offer the full range of services? 3. Why doesn’t \u00b7 the county plan consider the views of the beneficiaries of the program and include their views? 4. Why shouldn’t the county plan be subject to public hearings similar to the public hearings that the Community Services Block Grant local plans are subject to? 5. Why are job-search and workfare the only mandatory components of the county plan? Why shouldn’t education also be a mandatory component? 6. Why doesn’t the bill provide that workfare participants have the first choice of obtaining any job openings at a place where they are doing workfare? 7. Why shouldn’t the county and the state have an advisory committee composed of recipi- ents and their representatives to enhance \”client empowerment\”? 8. Why is this program being implemented statewide, when it is very different from the San Diego County program and it has not been tested yet? Wouldn’t it be more prudent to test the program to determine if it is cost effective before implementing it statewide? 9. Would the county be allowed to commence operation of the program with only workfare and job search for several years until the program has been phased in during a five year period? 10. Why is the county allowed to moniter itself to determine effectiveness? 11. Shouldn’t there be an independent evaluation of the program on a quarterly basis to protect the taxpayers from spending funds on a program that has not been tested and has no proven record for saving taxpayer dollars? 12. Why doesn’t the bill have any provisions for sanctioning counties similar to the sanctions that are imposed upon participants for failure or refusal to adhere to the requirements of the program. Why this inequity? 13. Why doesn’t the bill provide for a process of allowing a group of recipients or a recipient organization to sue the county for non compliance? 14. Why does the bill allow counties to provide certain services components only to \”target groups\” when the bill allegetly gives recipients a \”choice\” of training or educational com- ponents? 15. What guarantee are there in the bill that not all recipients will be placed in workfare? 16. How will registrants be tested to determine their educational need level? Who will do the testing? 17. Will persons without a high school diploma automatically be referred to remedial educa- tion? -2- 18. Will the county determine that there are jobs available in the community before parti- cipants are referred into the community for a job search? l9o Why doesn’t the job search activity have a tie to the unemployment rate of the commu- nity? Shouln1t recipients be deferred from job search if the county has a high unemployment rate? \u00b7 20. Shouldn’t recipients be deferred from job search if he or she has no readily marketable skills? 21. ShouldnYt workfare operators be required to provide specific skills to workfare recipients and be sanctioned for failure for providing such skills? 22. Shouldn’t the workfare participant be allowed to chose the site where they wish to perform their workfare assignment? 23. Shouldn’t non-legally responsible caretakers of the child, such as grandparents, be exempt from this program? 24. Shouldn’t the bill mandate that the workfare a.ssignment be directly related to the skills for which the participant has been trained? 25. Why should workfare last one-year? 26. Why should the participant be required to do one-year of workfare if he or she only needs 2 months of work experience or the only reason he or she has not been able to find a job is because there are no jobs? 27. Why doesn’t the bill address the main problem that welfare recipients are facing, lack— the of jobs? Why doesn’t the bill include any job development\/job creation programs? 28. Why doesn’t the bill provide for payments of actual expenses, as opposed to \”necessary\” expenses incurred by recipients? 29. Why shouln’t the client be empowered to state in writing what services they need and what expenses they need paid up to an appropriate level? 30. Why shouldn’t the participant be empowered to state that they need child care and allow the county to have the burden of proof that the participant doesn’t need the child care service? 31. Are there enough available child care facilities in the state to provide child care to about 100,000 additional school age children? 32. Why doesn’t a child over the age of 12 years old need child care? 33. Why doesn’t the bill mandate that all child care, transportation and other expenses be paid in advance? 34. To protect children why doesn’t the bill require a monthly requirement of verifying that recipients are not using their AFDC funds for the expenses of participating in the program? 35. Why doesn’t the bill provide for full time child care opportunities to all recipients who are in job search so when they are offered a job they wiil not have to turn down the job for lack of adequate child care? -3- 36. Why is transitional child care limited to three months? Is this is a reasonable length of time? 37. Why doesn’t the bill require providing transitional assistance to recipients including other needs such as car insurance, tools, clothing, etc.? 38. Given the fact that persons can be fined $500 for not havng insurance, shouldn’t the program exempt recipients who do not have car insurance and doesn’t have adequate public transportation? 39. Why is medical coverage limited to 9 months, which is already in state law, when the federal law allows up to 15 months?( The bill only requires such coverage for the minimum federal nine (9) months.) 40. Shouldn’t the participant be allowed to take the contract home, to consult with friends, their legal services or welfare rights representative before signing it as a condition of eligibility? 41. To prevent coersion shouldn’t the contract contain boxes listing all possible training options and services, whereby the participant can indicate what services and choices they want? 42. Why shouldn’t the recipient be allowed to indicate on the contract what, if any exemp- tion from the program they wish to claim and provide for a presumption that the recipient is right and shift the burden of proof upon the county, thereby enhancing \”client empower- ment\”? \u00b7 43. Shouldn’t the indepenent third party assessment be done by a person who is hired by an independent agency such as the Unemployment Insurance Appeals Board, to ensure an objective evaluation? 44. Why should children be sanctioned for what their parents do? Is this fair? 45. Why doesn’t the bill provide for conciliation prior to sanctioning after the first money management sanction? 46. Shouldn’t the bill mandate that the participant search for a job which will provide enough money to meet the needs of the families? 47. Shouldn’t the county be required to determine that the job the participant is being trained for will pay over 185% of the grant? 48. Shouldn’t the bill have performance standards for the county before they reimburse the counties similar to the performance standards imposed upon the training contractors? 49. Why does the administration anticipate savings from this bill when the MDRC report on the San Diego County Workfare Program indicates administrative costs exceeds savings? 50~ Why doesn’t the bill specify that the state will cover all expenses that the counties incur in carrying out this program? 51. Why shouldn’t the county plan make specific findings of cost effectiveness ? -4- 52. Why should recipients be required to work off their child support payments? 53. Why shouldn’t recipients be allowed to work off their welfare benefits based on the prevailing wages of the job they perform in accordance with A.B. 1303? 54. Why shouldn’t the number of persons placed in workfare be limited to a certain percen- tage to avoid having most persons placed in workfare in lieu of being offered training and educational opportunities? 55. Why should recipients who have worked off their AFDC grant and food stamp benefits be required to pay back those funds if the county discovers that they were overpaid for some other reason? 56. Why shouldn’t workfare sites be bonded? 57. Why shouldn’t workfare participants be a member of the bargaining unit to protect them from employer abuse and also enhance their self-esteem by making them feel like they are another employee? 58. Why shouldn;t the in-kind supportive services provided under this program be exempt as income for the purposes of determining eligibility for food stamps and AFDC? 59. Why shouldn’t the workfare program be consistant with federal law in that it requires that workfare obtain permenant employment for the participants promptly? 60. Why shouldn’t the bill specify exactly which provisions of the bill need a waiver and which ones do not? 61. Why shouldn’t the recipients be allowed to determine that the child care services offered are adequate. Haven’t we heard of to many horror stories of child abuse? 62. Will the bill provide funding for recipient representatives to assist them with this program, such as a recipients services center similar to veteran’s service center to enhance client empowerment? \u00b7 63. Why doesn’t the bill give priority to volunteers prior to enlisting mandatory participants? 64. Why shouldn’t the participant be allowed to challenge a contract dispute at a fair hea- ring? Why doesn’t the bill the language of the contract? 65. Why doesn’t the bill require that the contract be written in clear, understandable lan- guage, using words with common, everyday meaning? 66. Why doesn’t the bill mandate that all contracts and other program materials shall be in the language that the participant considers his or her primary language? 67. Why shouldn’t the recipients be allowed to reduce the number of days they have to do job search, if they determine that it is serving no useful purpose. 68. Why does the job counselor have to obtain supervisory approval for reducing the number of days that the participant has to \u00b7do job search? 69. Why doesn’t the program serve long-term recipients on welfare before it serves appli- cants? The Legislative Analyst report syas that is where the emphasis should be placed? -5- 70. Why is the supervisory approval limited to instances of reduction of job search days and not the establishment of job search days? 71. Why should the changing of the component be limited to once during the first 30 days? Doesn’t this limit \”client empowerment\”? 72. Why shouldn’t conciliation as provided in Section 5302 be subject to situations of inade- quate performance? 73. Why should recipients be forced to continue to participate when the county fails to meet the provisions of the contract? Is this equitable treatment? 7 4. W})at types of durational sanctions that are compatable to the sanctions applied against recipients who fail to meet the provisions of the contract are applied towards the county? 75. Will AFDC applicants who have to wait for up to 45 days before their aid is granted be required to participate in the program without funds to pay for their rent, utilities,etc? 76. Will recipients be issued supplemental payments when they lose their jobs and are subject to retrospective budgeting? 77. Is $3 a day enough to cover lunch, gasoline and other expenses for persons enrolled in the supervised job club? 78. Will jobs exists for all participants in the program?? 79. Will workfare participants be allowed to use the facilities of the job site like other workers or will the workfare site operator have a right to impose different standards for workfare recipients and the regular employees? 80. Is $1.50 a hour a realistic amount to be paid for child care? 81. Will workfare participants be given vacation time, sick leave, comp-time and other benefits that regular workers are allowed with whom they will be working with? 82. What types of sanctions will the bill impose upon the workfare site operators to make sure they do not abuse workfare participants? 83. Will workfare participants be afforted the same parking privilidges that other employees working therein enjoy? 84. Will workfare participants be entitled to the same breaks that paid workers therein are entitled to? 85. Will workfare participants be given time off to deal with various family related problems which may not be severe, such as teacher conferences, etc? 86. Why aren’t child care funds budgeted for persons who obtain employment but, due to low earning, still receive an AFDC grant? 87. Do the cost estimates assume that no more AFDC recipients will attend community colleges than are now attending? -6- 88. Is there any new funding for community colleges to meet the recipients needs for educational opportunities? 89 Why doesn’t the bill language for grant diversion and transitional employment follow the statutory language adopted by states that have successfully implemented such programs? 90. Are there any funds appropriated for professional \”personal counseling\”? 91. Who determines that the participants needs personal counseling? The participant ot the county? 92. How many persons will obtain employment as a direct result of this program? 93. Given the fact that the cost estimates of the bill assume that only 42% of the partici- pants will go off the program as a result of obtaining employment, sanctions, etc., ,\u00b7 what are the basis for assuming that 52% of the caseload will no longer receive AFDC once they are confronted with the mandatory participation requirement of job-search\/workfare? 94. When workfare was tested in California in 1972, the counties where they had a workfare program the caseload incraesed because poor people thought the best way to get a job is to apply for AFDC. Does the bill cost estimate take this factor into consideration? 95. Is the cost estimate of $500 per on-the -job training realistic? 96. How could workfare be operated without any cost? 97. How many new county workers will be needed to operate this program? 98. Why do the regulations implementing this program have to be adopted through the ttemergency regulation\” process, rather than the statutory process given the fact that the program will be phased in within five a five year period? 99. Why doesn’t the bill require that the county plans reflect the intent of the program? 100. Why doesn’t the bill require that the Private Industry Councils cooperate with the counties in developing the plan consistant with the intent of this bill? 101. The bill requires the counties to develop the availability of services which are currently uinavailable within a reasonable period of time. What happens when a recipient is in need of currently unavailable service? Will they be deferred from participation? PREPARED BY: CALIFORNIA RURAL LEGAL ASSISTANCE FOUNDATION&. COALITION OF CALIFORNIA WELFARE RIGHTS ORGANIZATIONS Contact Person: Kevin Aslanian (916) 446-7901 or (916) 442-2901 ”
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  7. 2011 CalWORKs/TANF Recipients Status

pdf 2011 CalWORKs/TANF Recipients Status

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“[image: image1.jpg] 2011 CalWORKs Recipient Status Assembly Budget Subcommittee No. 1 on Health and Human Services Assembly Member Holly Mitchell, Chair Thursday, November 3, 2011, 1:30 PM State Capitol, Room 126 CalWORKs: Program Overview, Recipients, and Current Status [image: image6.png] 1901 Alhambra Blvd. Sacramento, CA 95816-7012 916-736-0616 916-712-0071 (cell) 916- 736-2645 (fax) [email protected] http\/\/www.ccwro.org Contact Person: Kevin Aslanian Table of Contents Who gets CalWORKs?…………………………………………………………3 Do welfare recipients work? ………..4 Do all welfare children get CalWORKs?…………………………………4 What is the fixed income for a family of three (3) in 2011 compared to 1989 22 years ago? 5 How do the grant levels compare to the federal poverty level?…..6 Don’t welfare recipients get food stamps? Yes, but many go hungry in California .7 How do we provide for our impoverished children who live with their natural families?…………………………………………………….8 What have welfare recipients contributed to the California general fund since 1989?………………………………………..9 Annual CalWORKs contribution to the California general fund 10 How will 30% of the TANF monies be spent?………………………..11 What percentage of the total TANF funds are used to house and feed impoverished families?………………………………….12 Documentation of CalWORKs contribution to the California general fund ..13 Who Gets CalWORKs? 1,126,270,00 children 586,555,000 families [image: image7.png] = Adults Children July 2011- http:\/\/www.cdss.ca.gov\/research\/res\/pdf\/Paff\/2011\/PAFFJul11.pdf Note: Adults are limited to four years of aid and unless eligible for a qualifying exemption, must participate in work activities. Do Welfare Recipients Work? 50% of the CalWORKs cases are required to work and earn at least minimum wage income – the working poor. Source: California Department of Social Services (CDSS) Do All Children Who Are Poor Eligible to Receive CalWORKs? No. About 100,000 children in CalWORKs families receive no cash aid because they were born while their parent was receiving CalWORKs. They are known as Maximum Family Grant (MFG) Kids Only children with qualifying immigration status are eligible to receive aid. Children over 16 years of age who do not work or have a qualifying disability are not eligible to receive aid. Source: CCWRO Estimate Based on Los Angeles County MFG Caseload What is the Maximum CalWORKs Grant for a family of three (3)? [image: image2.emf] 2011- Region 1 = $638 2011- Region 2 = $608 2011 Statewide Average $677 In 1985 CalWORKs payment for a family of three (3) was $617. Grant Level Compared To The Federal Poverty Level? [image: image3.png] Poverty Level CalWORKs Grant The Maximum CalWORKs grant is 45.5 % of the federal poverty level. Don’t welfare recipients get food stamps? Yes, but today many go hungry. A recent report from Food Research Action Center revealed, based on a survey done by Gallup and Healthway Well Being Index Partnership, that 20% of food stamp recipients experience times when they could not buy food to feed their children. California was one the worst 16 states in the nation along with a host of southern states. Mississippi 25.64 South Carolina 24.32 West Virginia 22.97 Alabama 22.80 Texas 22.39 Georgia 22.21 North Carolina 22.12 Kentucky 21.71 Oklahoma 21.42 Louisiana 20.94 Florida 20.90 Tennessee 20.88 Idaho 20.46 Arkansas 20.25 California 20.24 Montana 20.10 Source: Gallup & Health Ways Well Being Index What Are the Alternatives To Providing Basic Needs CalWORKs Grants? Type of Aid Monthly Costs CalWORK Child $ 184 a month Foster Care Child $2,182 a month Adopted Child $ 822 a month Source: CDSS, Estimates Branch- Comparison of Average Monthly Grant for 2011-2012 Proposed State Budget \u200bWhat have welfare recipients contributed to the general fund since 1998? $16.1 billion Source: CDSS Annual CalWORKs Contribution To The California General Fund State Budget Millions of dollars that Percentage Year CalWORKs has contributed of Total to the general fund TANF\/MOE each budget year General Fund 1998-1999 1999-2000 2000-2001 2001-2002 2002-2003 2003-2004 2004-2005 2005-2006 2006-2007 2007-2008 2008-2009 2009-2010 2010-2011 2011-2012 $708,502,000 11% 745,249,000 11% 1,021,913,000 16% 1.126,647,000 17% 1,088,940,000 17% 1,163,238,000 18% 1,087,321,000 17% 1,299,448,000 20% 1,164,134,000 18% 1,745,291,000 27% 1,268,997,000 19% 1,262,046,000 19% 1,232,511,000 19% 1,188,007,000 18% Source: CDSS and Governor’s 2011-2012 proposed budget documents. What percentage of the total TANF block grant are used to feed and house impoverished families? 50% [image: image4.png] Total TANF grant = Paymentto Families Source: CDSS and Governor’s 2011-2012 Proposed Budget Documents. [image: image5.jpg] The Coalition of California Welfare Rights Organizations, Inc. (CCWRO) has been providing advocacy in the public benefits field since the early 1980s. CCWRO is a statewide nonprofit organization that provides back-up services to qualified legal service field programs funded by the Legal Services Trust Fund Commission and pro-bono attorneys referred to CCWRO by such legal services field programs. \u2028CCWRO provides consultation, information, training and representation on issues relating to public benefit programs such as Aid to Families With Dependent Children (AFDC) aka CalWORKs\/TANF, Refugee Assistance, Medi-Cal, Welfare Employment Programs, Food Stamps, General Assistance, Cash Assistance Program for Immigrants (CAPI) and SSI. Kevin M. Aslanian, Executive Director – [email protected] Grace A. Galligher, Directing Attorney Seth Blackmon, Attorney at law 1901 Alhambra Blvd. Sacramento, CA 95816-7000 Tel. (916) 736-0616 Fax (916) 736-2645 Cell (916) 712-0071 Website: http\/\/www.ccwro.org Coalition of California Welfare Rights Organizations, Inc. \ufffd 22% Adults 78% Children\ufffdldren 45.5% Coalition of California Welfare Rights Organizations, Inc. PAGE 1 ”
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  7. 7-31-13 CCWRO Testimony before House Ways & Means Subcommittee on Human Resources

pdf 7-31-13 CCWRO Testimony before House Ways & Means Subcommittee on Human Resources

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“Sheet1 STATE TOTAL ASSISTANCE AND NON-ASSISTANCE EXPENDITURES ASSISTANCE NON-ASSISTANCE STATE TOTAL ASSISTANCE AND NON-ASSISTANCE EXPENDITURES ASSISTANCE NON-ASSISTANCE 1 LOUISIANA $244,652,270 $19,193,615 $225,458,655 8% U.S. TOTAL $28,867,299,691 $10,094,895,776 $18,772,403,915 35% 2 ARKANSAS $174,595,479 $14,576,892 $160,018,587 8% ALABAMA $168,393,567 $55,824,944 $112,568,623 33% 3 ILLINOIS $1,184,511,907 $133,004,698 $1,051,507,209 11% ALASKA $71,922,274 $48,523,790 $23,398,484 67% 4 NORTH CAROLINA $530,537,770 $64,597,171 $465,940,599 12% ARIZONA $325,893,863 $51,126,955 $274,766,908 16% 5 GEORGIA $522,679,427 $76,854,665 $445,824,762 15% ARKANSAS $174,595,479 $14,576,892 $160,018,587 8% 6 ARIZONA $325,893,863 $51,126,955 $274,766,908 16% CALIFORNIA $6,115,366,791 $3,663,375,326 $2,451,991,465 60% 7 MICHIGAN $1,506,417,836 $253,078,451 $1,253,339,385 17% COLORADO $306,472,672 $74,788,483 $231,684,189 24% 8 TEXAS $880,911,345 $148,593,124 $732,318,221 17% CONNECTICUT $466,987,848 $85,311,483 $381,676,365 18% 9 DELAWARE $88,066,769 $15,693,787 $72,372,982 18% DELAWARE $88,066,769 $15,693,787 $72,372,982 18% 10 CONNECTICUT $466,987,848 $85,311,483 $381,676,365 18% DIST.OF COLUMBIA $170,407,886 $37,372,461 $133,035,425 22% 11 INDIANA $222,319,316 $40,693,945 $181,625,371 18% FLORIDA $813,782,221 $183,793,501 $629,988,720 23% 12 MINNESOTA $438,366,696 $86,447,282 $351,919,414 20% GEORGIA $522,679,427 $76,854,665 $445,824,762 15% 13 DIST.OF COLUMBIA $170,407,886 $37,372,461 $133,035,425 22% HAWAII $242,120,272 $70,565,630 $171,554,642 29% 14 IDAHO $33,893,537 $7,444,300 $26,449,237 22% IDAHO $33,893,537 $7,444,300 $26,449,237 22% 15 SOUTH CAROLINA $148,538,270 $33,481,302 $115,056,968 23% ILLINOIS $1,184,511,907 $133,004,698 $1,051,507,209 11% 16 FLORIDA $813,782,221 $183,793,501 $629,988,720 23% INDIANA $222,319,316 $40,693,945 $181,625,371 18% 17 NEW JERSEY $1,036,994,382 $244,729,774 $792,264,608 24% IOWA $190,824,351 $79,724,515 $111,099,836 42% 18 COLORADO $306,472,672 $74,788,483 $231,684,189 24% KANSAS $159,101,842 $59,527,765 $99,574,077 37% 19 WASHINGTON $977,742,101 $242,029,894 $735,712,207 25% KENTUCKY $259,632,263 $158,901,482 $100,730,781 61% 20 MISSOURI $368,340,641 $91,913,487 $276,427,154 25% LOUISIANA $244,652,270 $19,193,615 $225,458,655 8% 21 MARYLAND $546,728,083 $141,676,510 $405,051,573 26% MAINE $114,998,911 $85,625,257 $29,373,654 74% 22 WISCONSIN $525,042,852 $137,165,025 $387,877,827 26% MARYLAND $546,728,083 $141,676,510 $405,051,573 26% 23 NEBRASKA $93,396,650 $25,441,826 $67,954,824 27% MASSACHUSETTS $1,029,478,218 $360,013,452 $669,464,766 35% RHODE ISLAND $142,201,667 $38,809,793 $103,391,874 27% MICHIGAN $1,506,417,836 $253,078,451 $1,253,339,385 17% HAWAII $242,120,272 $70,565,630 $171,554,642 29% MINNESOTA $438,366,696 $86,447,282 $351,919,414 20% UTAH $96,422,648 $31,599,381 $64,823,267 33% MISSISSIPPI $80,534,667 $30,000,553 $50,534,114 37% ALABAMA $168,393,567 $55,824,944 $112,568,623 33% MISSOURI $368,340,641 $91,913,487 $276,427,154 25% PENNSYLVANIA $904,981,027 $302,648,585 $602,332,442 33% MONTANA $45,127,402 $19,350,430 $25,776,972 43% WYOMING $29,523,178 $10,216,452 $19,306,726 35% NEBRASKA $93,396,650 $25,441,826 $67,954,824 27% U.S. TOTAL $28,867,299,691 $10,094,895,776 $18,772,403,915 35% NEVADA $98,196,278 $44,357,200 $53,839,078 45% MASSACHUSETTS $1,029,478,218 $360,013,452 $669,464,766 35% NEW HAMPSHIRE $73,934,762 $36,613,162 $37,321,600 50% NEW MEXICO $182,229,930 $63,899,945 $118,329,985 35% NEW JERSEY $1,036,994,382 $244,729,774 $792,264,608 24% NEW YORK $4,841,951,246 $1,702,584,835 $3,139,366,411 35% NEW MEXICO $182,229,930 $63,899,945 $118,329,985 35% OHIO $1,040,358,151 $370,436,698 $669,921,453 36% NEW YORK $4,841,951,246 $1,702,584,835 $3,139,366,411 35% MISSISSIPPI $80,534,667 $30,000,553 $50,534,114 37% NORTH CAROLINA $530,537,770 $64,597,171 $465,940,599 12% KANSAS $159,101,842 $59,527,765 $99,574,077 37% NORTH DAKOTA $37,338,692 $20,961,300 $16,377,392 56% VIRGINIA $272,734,583 $104,052,002 $168,682,581 38% OHIO $1,040,358,151 $370,436,698 $669,921,453 36% VERMONT $68,069,903 $26,267,740 $41,802,163 39% OKLAHOMA $148,559,348 $69,493,617 $79,065,731 47% IOWA $190,824,351 $79,724,515 $111,099,836 42% OREGON $344,749,684 $172,343,709 $172,405,975 50% MONTANA $45,127,402 $19,350,430 $25,776,972 43% PENNSYLVANIA $904,981,027 $302,648,585 $602,332,442 33% NEVADA $98,196,278 $44,357,200 $53,839,078 45% RHODE ISLAND $142,201,667 $38,809,793 $103,391,874 27% OKLAHOMA $148,559,348 $69,493,617 $79,065,731 47% SOUTH CAROLINA $148,538,270 $33,481,302 $115,056,968 23% TENNESSEE $340,342,279 $164,510,227 $175,832,052 48% SOUTH DAKOTA $27,331,954 $19,717,894 $7,614,060 72% NEW HAMPSHIRE $73,934,762 $36,613,162 $37,321,600 50% TENNESSEE $340,342,279 $164,510,227 $175,832,052 48% OREGON $344,749,684 $172,343,709 $172,405,975 50% TEXAS $880,911,345 $148,593,124 $732,318,221 17% NORTH DAKOTA $37,338,692 $20,961,300 $16,377,392 56% UTAH $96,422,648 $31,599,381 $64,823,267 33% WEST VIRGINIA $133,593,982 $75,941,461 $57,652,521 57% VERMONT $68,069,903 $26,267,740 $41,802,163 39% CALIFORNIA $6,115,366,791 $3,663,375,326 $2,451,991,465 60% VIRGINIA $272,734,583 $104,052,002 $168,682,581 38% KENTUCKY $259,632,263 $158,901,482 $100,730,781 61% WASHINGTON $977,742,101 $242,029,894 $735,712,207 25% ALASKA $71,922,274 $48,523,790 $23,398,484 67% WEST VIRGINIA $133,593,982 $75,941,461 $57,652,521 57% SOUTH DAKOTA $27,331,954 $19,717,894 $7,614,060 72% WISCONSIN $525,042,852 $137,165,025 $387,877,827 26% MAINE $114,998,911 $85,625,257 $29,373,654 74% WYOMING $29,523,178 $10,216,452 $19,306,726 35% Sheet2 TANF & SSP: Total Number of Families Fiscal and Calendar Year 2011 As of 04\/03\/2012 STATE AVERAGE AVERAGE FY 2011 CY 2011 U.S. TOTALS 1,921,243 1,907,794 MICHIGAN 66,208 61,708 ALABAMA 23,234 23,087 MINNESOTA 24,784 24,703 ALASKA 3,691 3,754 MISSISSIPPI 11,756 11,801 ARIZONA 18,335 17,704 MISSOURI 39,158 38,915 ARKANSAS 8,132 8,005 MONTANA 3,490 3,423 CALIFORNIA 602,027 599,408 NEBRASKA 8,075 7,855 COLORADO 11,936 12,552 NEVADA 10,775 10,757 CONNECTICUT 16,466 16,208 NEW HAMPSHIRE 6,038 6,428 DELAWARE 5,522 5,460 NEW JERSEY 34,896 34,970 DIST. OF COL. 8,787 8,192 NEW MEXICO 20,388 19,940 FLORIDA 55,100 53,296 NEW YORK 157,623 157,898 GEORGIA 19,876 19,614 NORTH CAROLINA 22,893 22,623 GUAM 1,300 1,328 NORTH DAKOTA 1,828 1,771 HAWAII 9,965 9,960 OHIO 99,471 96,054 IDAHO 1,866 1,887 OKLAHOMA 8,956 8,816 ILLINOIS 28,471 30,194 OREGON 33,613 34,597 INDIANA 27,877 24,968 PENNSYLVANIA 59,927 65,112 IOWA 20,853 20,489 PUERTO RICO 15,233 15,759 KANSAS 14,864 14,321 RHODE ISLAND 6,547 6,548 KENTUCKY 30,920 30,851 SOUTH CAROLINA 17,816 17,138 LOUISIANA 10,549 10,371 SOUTH DAKOTA 3,256 3,263 MAINE 15,490 15,438 TENNESSEE 62,173 61,529 MARYLAND 25,291 25,212 TEXAS 49,637 48,765 MASSACHUSETTS 50,492 53,605 UTAH 6,153 5,853 VERMONT 3,305 3,335 VIRGIN ISLANDS 461 439 VIRGINIA 35,979 35,431 WASHINGTON 62,915 59,303 WEST VIRGINIA 10,376 10,192 WISCONSIN 26,163 26,652 WYOMING 314 314 As of 04\/03\/2012 \u2014 a z 3 os Tom S27 7056 | STONE ITS 5 [ALAR srigzaz7a] $6525 70 7 aS si74s0s47a] \u2014S1457600 3 [eaurORN, B58 701] S653.75 5 [cowoRano. ‘ioe. a7aor2] sre 10 [CONNECTICUT $te5, 907 ba] $05 31-0 -1z-[ETOF COLUMGA | \u2014 5770 aur seat \u2014 $57 S7z a8] ”
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  7. AB 2580, Chapter 1025, Statutes of 1985- The First California Workfare Bill

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” I I’ I Assembly Bill No. 2580 CHAPTER 1025 \u00b7An act to amend Section 52616 of, and to add Sections 33117.5, . 71050, and 84707 to, the Education Code, to amend\u00b7 Sections 10521, 10524, 15006, 15010, 15011, 15032, 15037, and 15043 oJf:, and to add Section 9615 to, the Unemployment \u00b7 Insurance Code,, and . to add Article 3.2 (commencing with Section 11320) to Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code, relating to Aid to \u00b7Families with Dependent Children, making an \u00b7appropriation therefor, and : declaring the urgency thereof, to take effect immediately. \u00b7 \u00b7 [Approved by Governor September 26, 1985. Filed with Secretary of State September 26, 1985.] LEGISLATIVE COUNSEL’S DIGEST AB. 2580, Konnyu. Aid to Families With Dependent. Children: employment.\u00b7~ Existing law provides for various employment and training progranls in order to provide \u00b7services necessary to permit Aid to Families with Dependent Children (AFDC) program recipients to acquire unsubsidized employment. This bill would provide for an employment and\u00b7 training services program for these recipients, to be administered by each county welfare depaitirient, in a manner consistent With regulations developed by the State Department of Social Services. This bill would require each county, or a consenting group of counties, with the cooperation of community college districts, county offices of education, and private industry councils, to develop a plan for the program which contains a needs assessment containing specified elements. Each plan would be subject to the approval of thE~ State Department of Social Services. This bill would require each county plan to provide, or arrange for. the provision of, as a minimum, specified types of E~mployment, training, and supportive services, . except that when any of these services are not \u00b7provided for by a county its plan shall include a justification for not providing these services, and with the types of services which each county is to provide to be specified in the county ~- . . . This bill would require ail AFDC applicants or recipients required to register for employment or training services under federal law to register for this \u00b7 program, with all other AFDC applicants or recipients to be permitted to participate voluntarily in the program. This bill would require the county and, with specifi.E:d exceptions, each registrant, upon registration, to enter into a basic contract specifying the program components to be utilized by th.E~ participant, Corrected 9.;.30-85 9450 Ch. 1025 -2- and the services to be provided by the . county. The pwrticipanf’s initial program component assignment would depend upon. specified factors. Under specified circumstances, certain registrants would not be required to participate in the program until the county welfare departmept determines that those circumstances no longer exist. \u00b7 This bill would also provide method~ for . determining subsequent program assignments. It would set forth procedures to be utilized when the county and the recipient cannot agree on a plan. . This bill would provide for sanctions for nonregistration, or against participants for nonparticipation in program. components\u00b7 without good \u00b7 cause, as defined, and against any service provider which fails to provide the required. services . .. . This bill would set forth a dispute resolution procedure in instances where the participant disagrees with an action of the county. This bill would require various state agencies to perform specified functions, including a requirement that the State Deparbnent of Social Services seek available federal funding and any necessary waivers of federal law. ‘ This .bill would require th,e\u00b7 Superintendent of Public Instruction and the Chancellor’s office of the California Community Colleges to identify . school districts and comxnwrlty \u00b7 . college districts, respectively, to best accommodate participants whose contracts require education and skills training, and to enter into necessary contracts \u00b7for provision of those services. The bill would make specified funding sources available to pay for services provided under these contracts including an appropriation from Section B of the\u00b7 State School . Fund. This bill would require the Employment Development Department to provide the jobs services required by this bill. This \u00b7bill would include the job training and em~loyment services required to be rendered to recipients who have contracted !therefor within existing provisions implementing the federal Job Training Partnership Act, and within job training and placement progn-ams for AFDC recipients under specified pro\\fisions. It would also make related changes. This bill would set a schedule for stateMde implementation of the program. . This bill would exempt emergency regulations necessary for implementation. of . the bill and adopted within 120 days of the enactment of the .bill from the review and approval of the Office of Administrative Law. Since this bill places additional responsibilities on each county, it would create \u00b7 a state-mandated local program. The Califotnia Constitution\u00b7 requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions … provide a procedure . for paying this reimbursement and require any statute. mandating these <~osts to specify that reimbursement shall be made from the State Mandates 9480 i ( \u00b7l ~ -3- Ch. 1025 Claims Fund for these costs. This bill would appropriate $7,900,000 from the General Fund and $7,900,000 from the Federal Trust Fund to the State Department of Social Services for the\u00b7 purposes of implementing this bill during the 19~ fiscal\u00b7year, including reimbursements to counties for costs mandated by .the state pursuant to this bill. The bill would appropriate $200,000 from the General Fund to the State Department of Education, for expenditure during the 1985-86 fiscal year, for the resource and refen:al program to support activities provided for in the bill. . , \u00b7 The bill would also require transfers of funds betw\u00b7een the State Deparbnent of Education and the State Departxuent of Social Services for purposes of child care, and these transfers would constitute . appropriations. The bill \u00b7Would also provide that, except as specified in the bill, appropriations for subsequent fiscal years shall be made pursuant to the Budget \u00b7Act. The bill would reappropriate $2,000,000 from a specified item in the Budget Act of 1985, and $1,000,000 from the General F~d, to the Superintendent of Public Instruction, in order to carry out specified duties provided for in the bill. . . This bill would make its provisions operative onJly if SB 303 is enacted during the 1985 portion of the 1985-86 Regular Session. This bill would take effect immediately as an urgency statute. \u00b7 Appropriation: yes~ The people \u00b7of the State of Ca.lifornia do enact as follows: SECTION 1. Section 33117.5 is added to the Education Code, to read: 33117.5.. (a) Adult education programs and regional occupational programs operated by school districts and county offices of education that have contracted with the Superintendent of Public Instruction pursuant to\u00b7 subdivision (b) shall provide services to welfare recipients referred by county welfare departments in accordance with paragraph (6) of subdivision (b) of Section 11320.5 of the Welfare and Institutions Code. These services shall include an evaluation of the individual's educational and training needs for purposes of paragraph (6) of subdivision (b) ofSection11320.5 of the Welfare and Institutions Code and the preparation of a relatE~d education and training plan reflecting these needs. The plan shall specify the educational and training services to be provided and the length of time services are to be provided, and shall assure access to those services. (b) The Superintendent of Public Instruction shall identify school districts .or\u00b7county offices of education which can best accommodate welfare \u00b7recipients for whom vocational education, adult\u00b7 education, and English\u00b7 as a second language is specified in contracts required 94 110 Ch. 1025 -4- by Sections 11320.4 and 11320.5 of the Welfare and Institutions .Code. The superintendent shall enter into \u00b7 contracts with each such consenting district or county office, where necessary, so that the contracting district or county office shall provide open entry-open exit skills training and education for welfare recipients who need this training to . enable counties to meet their goals for plans developed pursuant\u00b7to Article 3.2\u00b7 (commencing with Section 11320) of Chapter 2 of Part 3 of Division \u00b79. of the Welfare and Institutions Code. (c).\u00b7. Allocations to the Sup.erintendent of Public Instruction of funds available under Section\u00b7 202 (b) ( 1) of the federal Job Training Partnership Act\u00b7 shall be used for purposes of this section to the extent the superintendent determines necessary. \u00b7 The Superintendent of Public Instruction shall allocate these funds directly to those providers . of educational and training services delivered in accordance with . this section. The Superintendent of Public Instruction shall allocate\u00b7 to community college districts and the Chancellor's Office of the \u00b7california Community Colleges such funds as are determined necessary pursuant to Section 71050. The Superintendent of Public Instruction may allocate these funds to service delivery areas which have . agreements with private schools and organizations to proVide educational and training services under Article 3.2 (commencing with Section 11320) of Chapter 2 of Part 3 of Division 9 of the Welfare and Instiru.tions Code. These fTmds shall be. allocated in accordance with the coordination criteria of the coordination and special services plan as provided in Section 10524 of the Unemployment Insurance Code, and acc:ording to the priority order of eligible persons for these funds as provided in Sections 15010 and 15011 of the Unemployment Insurance \u00b7Code. SEC. 1.5. Section 52616 of the Education Code is amended to read: 52616. The Superintendent of Public Instn1ction shall determine an adult block entitlement for school districts \u00b7which maintain education programs for adults. This entitlement shall be paid from appropriations to Section A of the State School Fund as a part of the principal\u00b7 apportionment to school districts. (a) For the 19~ fiscal year, each district's adult revenue limit per unit of \u00b7average daily \u00b7attendance for \u00b7 the prior fiscal year calculated pursuant to Provision 1 of Item 6100\u00b7\u00b715&-001 of the Budget Act of 1982 shall be increased by seventy dollars ( $70). For the 1984-85. fiscal .year \u00b7 and each \u00b7fiscal \u00b7year thereafter, each district's adult revenue limit' per unit of average daily at1tendance for the prior fiscal year shall be increased by an amount equal to 6 percent of the prior : year's statewide .average adult revenue limit per unit of average daily attendance, provided that no such revenue limit per unit of average daily attendance shall be less than 1.06 times the prior fiscal year's statewide average adult revenue limit per unit of average daily . attendance. (b) \u00b7 For the purposes of the block entitlement, the district's I -5- Ch .. 1025 average daily attendance shall be the lesser of paragraph ( 1) or (2) : ( 1) The 1982-83 adult average daily attendance authorized for funding purposes for the programs specified \u00b7in Section 41976, as specified in Item 6100-156-001 of the Budget Act of 1982, multiplied by 1.025 in the 1983-84 fiscal year and each fiscal year thereafter. (2) The actual adult average daily attendance for .the programs specified in Section 41976. (c) .The adult block entitlement shall be computed by multiplying the adult revenue limit per unit of average daily attendance from subdivision (a) and the adult average daily attendance allowed in subdivision (b) . The adult block entitlement shall be deposited in a separate fund of the district to be known as the \"adult education fund.\" Moneys in an adult education fund shall be expended only for adult education purposes. Moneys received for programs other than adult education shall not be expended for adult education. (d) If the adult average daily attendance of a school district in any fiscal year is less than the adult average daily attendance utilized to compute \u00b7 the funded district adult education block entitlement for that fiscal . year, the district spall receive an apportionment only for the actual average daily attendance generated. Any surpluses accrued as a result of average daily attendance not generated in a district's block entitlement shall be reallocated aft:er the annual apportionment by the Superintendent of Public Instruction to provide services to welfare recipients pursuant to Section 33117.5. Any remaining surplus shall be reallocated to meet unanticipated growth in adult education. The receipt of reallocated funds shall not be used for computational purposes for the district's block entitlement for subsequent fiscal years. (e) Each schooJ district which conducted adult education programs Jor substantially handicapped adults in activity centers, work activity centers, sheltered workshops, state hospitals, and other community settings, shall set aside an amount of money from its adult education block entitlement equal to its current fiscal year revenue limit times the average daily attendance generated in. these facilities in the 1979-80 fiscal year times 1.02, subject to the following: (1) The classes and courses offered in activity centers, work activity centers, sheltered workshops, and state hospitals shall be authorized pursuant to subdivision (e) of Section 41976. (2) A school district shall operate classes in these facilities and shall expend\u00b7all funds set aside pursuant to this subdivision and shall us~ all funds exclusively for \u00b7those classes for \u00b7substantially handicapped adults. (3) The conditions imposed by paragraphs (1) and (2) may be waived by the Superintendent of Public Instruction upon certification from the school district that the local demand for the program is less than the required level of service. SEC. 2. \u00b7\u00b7 Section 71050 is added to the Education Code, to read: 71050. The Chancellor's Office of the California Community 94 160 Ch. 1025 -6- Colleges shall survey local community college districts. to determine the level \u00b7 and type of services needed and available for . welfare recipients pursuant to Article 3.2 (commencing with Section 11320) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code. The Cffimcellor's Office of the California Community Colleges shall develop a plan \u00b7 and standatds for the level of participation by community college districts required to meet . the goall of providing open .entry\/open exit education, skills training,\u00b7 assessment, and counseling to these recipients. The plan shall provide \u00b7for local in-service .. training and technical assistance to community college .districts\u00b7 in. development \u00b7 of contracts . and pi'<>grams in cooperaq.on With county welfare agencies, service delivery areas under the Job \u00b7 Training Partnership Act, and others necessary \u00b7to carry out the intent of that article. The plan shall also provide for the identification of . necessary, funding .levels and. sources of funding, including empl()yer-based , . training and funds available under\u00b7 ~ .\u00b7 Section 202(b) (1) oftheJob Training Partnership Act, to meet the goals of Article 3.2 (commencing with Section 11320) of Chapter \u00a31 of Part 3 of Division 9 of the Welfare an;mically disadvantaged\u00b7 women and minorities will be served with federal Job Trainiug Partnership Act – 15- Ch. 1025 funds, with respect to Title I and Title II of the act, at a rate that approximates their rate of representation and need for job training among the economically disadvantaged within each service delivery area. If the goals of the plan are not designed to comply with this subdivision, the private industry council shall submit its justification for noncompliance to the State Job Training Coordinating Council and the Governor. SEC. 11. Article 3.2 (commencing with Section 11320) is added to Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code, to read: Article 3.2. Greater Avenues for Independence Act of 1985 11320. . The Legislature finds and declares that the state and counties recognize all of the following: (a) Applicants for, and recipients of, aid under this chapter desire to work, and will do so if provided with the opportunity. (b) Th~ state and counties shall provide applicants for, and recipients of, aid under this chapter with the opportunity to obtain employment by offering a full range of employment training and supportive services, consistent with the needs of participants, that allow for informed choices in order to meet their employment goals. (c) . Able-bodied applicants for, and recipients of, aid under this chapter; are expected to work. The timeframes for fulfilling thls expectation shall be set forth in an explicit contract between an applicant or recipient and the county. (d) Applicants for, and recipients of, aid under this chapter who are required to register for employment and training programs pursuant to Section 11310 are \”‘individuals in special need\” of training as described in Section 2 of the federal Job Training Partne~ship Act (29 U.S.C. Sec. 1501, et seq.), \”individuals who require special assistance\” provided in Section 123 of that act, and \”most in need\” of employment and training \u00b7opportunities as described in\u00b7 Section 141 of that act. The Legislature finds and declares that these individuals are in the labor force actively seeking employment. (e) Because success of any program will depend on the state, it must exercise leadership to engender enthusiasm mnong counties, county welfare department directors, and county welfare department line staff, who are the principal contacts for many recipients enrolled in the program. (f) A successful program should also be based upon all the following principles: ( 1) Recipients should be able to make choices and to live up to the responsibilities involved in those choices. (2) Participants should have an early opportunity to obtain a job. (3) Expenditures should be targeted where they can do the most good. 94 410 Ch. 1025 -16-. ( 4) . The state and the counties have a responsibility to provide a sufficient level of services to meet the needs of participants, as well as to undertake sufficient public information efforts\u00b7 to make recipients, potential participants, employen;, or other public or private entities aware of the components, opportunities, and benefits of this program. . \u00b7 (5) New programs should be good invesbnents of public funds. \u00b7 Added costs to the system should be\u00b7 incurred only wheiJt they are likely to result in long-term personal and community payoff. \u00b7 (g) Clients should not be placed in any unassigned pool while waiting for a. scarce resource. (h)\u00b7 \u00b7 Most types of employment and training program components for applicants for, and recipients of, aid under this chapter have been successfully tried\u00b7 in this state. , (i) Aid under this\u00b7. chapter is. available to persons who meet \u00b7 eligibility .requirements. \u00b7The\u00b7 program provided for in this article should not hamper continuation of this \u00b7state’s existing s.ystem of fraud \u00b7 detection, one of the most successful in the nation. . .\u00b7 11320.1. ,, Every applicant \u00b7 \u00b7for; or recipient of, aid imder. this chapter who is required to register for employment and training programs. pursuant to Section 11310 shall be required to register under \u00b7 this article With the county welfare deparbnent .. Any applicant for, or recipient of, aid under this chapter who is not l required \u00b7\u00b7′ to participate . under this article may volunteer to participate in . the \u00b7program~ Any person required to register under this atticle with the county welfare department who refuses to register shall be subject to the procedures provided\u00b7 for in subdivision (a) of Section 11320.5. \u00b7 11320.2. (a)\u00b7 County\u00b7 welfare deparbnents shall administer this chapter, in a manner consistent with the provisions of this chapter and regulations adopted by the . deparbnent in order to implement this chapter. (b) Each county welfare department, with the\u00b7 cooperation of community college districts!t’ county offices of education, and local private industry councils established under Chapter 4 (commencing with Section 15030) of Division 8 of the Unemployment Insurance Code, shall design a’ package of services to be provided to participants \u00b7receiving services under this article, that reflect available resources and local job market needs. A joint plan may be submitted by two .or more consenting counties. Each county plan shall include a participant and labor market needs assessment, \u00b7to be\u00b7 revised annually, which shall specify all of the following: \u00b7\u00b7′ ‘ \u00b7 , \u00b7 \u00b7 ( 1) , The full employment goal of the plan, which shall be the provision of unsubsidized . employment for all county registrants subject to this article. . . (2) An ,: assessment of the county,s current and projected unsubsidized employment needs. -17- Ch. 1025 (3) An inventory of services, including those specified in subdivision (c) of Section 11320, available to county residents. (4) The amount and kind of services required to meet the full employment goal for all registrants. (5) The amount and kind of services that will be used in the plan year. (6) An assessment of what services are currently 1mavailable and needed, including child care services,. to meet the fttll employment goal and a plan for developing the availability of these services within a reasonable period of time, including a proposed p1rogram budget. (c) The . county w_elfare department shall submit to the department a program budget proposal in conjunction with the county plan, as specified in this section. The budget proposal shall specify . the costs associated with providing the range of servi.ces included in the plan in the. most cost-effective manner. The budget proposal shall identify the amount of funds that the county expects to spend for each component and shall provide supporting detail regarding the caseloads anticipated in each component and the amount that will be spent for ( 1) county employees, by classification, (2) administrative support and overhead, and (3) contracted services and support. Prior to final approval of the c:ounty’s plan, as specified in subdivision (f), the department shall noitify each county of the amount of its allocation of funds to carry out the plan and the asswnptions used to develop that allocation. If the allocation is less than the amount of funds that the county proposed in the program budget, the department shall notify the county that the proposed program budget exceeds the funds available. The deparbnent shall specify how the costs proposed by the county exceed the costs used to develop the county’s allocation. The county n1ay provide any additional documentation to justify the higher funding level. If, after reviewing the additional information, the departme:nt finds that the proposed program costs are not reasonable or cost-effective, the county shall submit the necessary revisions to its plan and program budget\u00b7 to keep program expenditures within the amount of its allocation. In subsequent years, the county welfare department shall submit its program budget proposal for \u00b7this article at the same time as the county submits its administrative cost control plan for the Aid to Families with Dependent Children, Medi-Cal, and Food Stamp programs. If services are not available in the county, the county plan may include provisions for the purchase of services from other counties. The plan shall be approved by the board of supervisors of each county, after a public hearing is held in accordance with existing county public hearing procedures that provide adequate notice and an opportunity for affected groups and individuals to present their views and suggestions. In approving the plan~ the board shall consider the views presented by affected groups during, and as part 94 460 Ch. 1025 -18- of the record of, the public hearing. \u00b7 Prior to implementation, each plan must receive approval by the department. In determining whether a plan should be approved, the department shall consider . the projected long-range cost-effectiveness of the plari, in addition to the appropriateness of the services proposed to be delivered under the plan, given the local labor market, maximum utilizatj.on of existing and generic services, and administrative\u00b7 ease. .. No plan shall be approved by the department that does \u00b7not provide an adequate range of services as described in Section 1.1320.3. With respect to large counties, as defined by the clepartment for cost control purposes, uan adequate range of \u00b7 services\” means that the counties shall provide all of the services outlined in Section 11320.3. -\u00b7 If two or .more counties submit a joint plan, and the joint plan _ serves a participant caseload equal to or greater than a large county, the plan shall provide for all of the services outlined in Section 11320.3. If the services listed in Section \u00b711320.3 wre not provided for in the\u00b7 county p~ the county shall submit a justification as to why the\u00b7. services are . not n~cessary. No plan shall be approved\u00b7 which requires job search and work experience of participants to \u00b7the exclusion ofa range of services and which does not specify the range of services, both existing and proposed to be offered participants, in accordance with this section. No funds appropriated for purposes of this article shall be used to fund education or training services in any colmty plan if these services \u00b7could reasonably be provided by local educational agencies from Section A or Section B of the State School Flund which are not otherwise :;! committed. \u00b7 No local educational agency shall be authorized to receive funds appropriated for purposes of this article unless it has \u00b7 demonstrated that it has fully committed all the funds from Section A or Section B of the State School Fund available to it, as certified by the district to the Chancellor of California Community Colleges, .. \u00b7\u00b7 or the .. Superintendent of _ Public Instruction. The Chancellor . of the . California Community Colleges and the Superintendent. of Public Instruction, as appropriate, shall c!ertify this information to the Director . of Finance. ,, (d) In order to measure the effectiveness of county plans und~r this article, performance standards \u00b7for this article shall be coilsistent with those developed for service delivery areas pursuant to Division 8. \u00b7(commencing with\u00b7 Section 15000} of the Unemployment Insurance Code. The Health .and Welfare Agency shall insure that these standards\u00b7 include, but.\u00b7are not limited to all of the following \u00b7goals: . – \u00b7 ( 1) The \u00b7 training program participants , for _unsubsidized employment. . . \u00b7 (!) Reducing welfare cos~ by increasing earnings of program participants in unsubsidized employment. (3) Placement in unsubsid1.zed employment resulting from all 94 490 – 19- Ch. 1025 program components. (e) A county plan may also provide that the program provided for in this article shall apply to refugees receiving Refugee Cash Assistance or to recipients of aid tinder Part 5 ( cornmencing with Section.l7000), except that no funds appropriated for purposes of this article shall\u00b7 be utilized for purposes of applying this article to these individuals. \u00b7If a county elects to apply the program provided for in this article to refugees receiving Refugee Cash Assistance or to recipients of aid\u00b7 under Part 5 (commencing with Section 17000), the county shall maintain separate accounting records . of expenditures related to\u00b7 applicants for, and recipients of, aid under this chapter, and for the individuals to whom the program applies pursuant to this subdivision .. Separate accounting records shall also be maintained for participants. who are time-eligible re{Jlgees receiving federally funded Aid to Families with Dependent . Children benefits. I:f a county elects to apply\u00b7 the program provided for in this article to recipients . of aid under Part 5 (commencing with Section 1.7000) , these individuals shall \u00b7 have the same rights, duties, and responsibilities \u00b7 that a participant has who is an applicant for, or a recipient of, ‘aid .under this \u00b7 chapter. Any participation by general assistance recipients shall not constitute any actual or implied responsibility for, or assumption of, costs of general assistance by the state. (f) Each county shall submit its pial) to the department within two years from the effective date of this article, as added during the 1985-86 Regular Session. The department shall aprove a county plan within a reasonable period of time after submisison of the county plan. Notwithstanding subdivision (f), a county may phase in the participation in its program for all qualified persons over a period of up to two years from the date upon which the program commences to operate in the county. A county may incorporate into jts plan any existing employment or training program . for applicants for, or recipients of, aid under this chapter which is operating in the county to the extent\u00b7 that the program is consistent with this article. ‘ (g) This program shall be fully operational on a statewide basis within three years after the effective date of this article, as added duriiig the 1985-86 Regular Session, by which time the department shall approve all county plans. (h) Counties shall continually monitor their program expenditures throughout the fiscal year. If a county determines that its anticipated expenditures will exceed the amount of that year’s allocation . as a result of an unexpected event, including caseload increases, court \u00b7 cases, or significant justifiable increases in component costs, the county shall immediately notify the department and submit a reduction plan to the department. The department shall review and respond to a. county’s proposed reduction plan within 30 days of reciept of the plan. The department may provide additional funds for the existing appropriation to 94 510 Ch. 1025 -20- forestall the need for county program reductious. H the department does not respond within 30 days, the plan shall \u00b7be deemed to be approved. If the department disapproves the reduction plan the county shall continue to provide selvices as specified in the approved plan. The department ~hall submit within 30 days of the disapproval of a reduction \u00b7 plan, a report to the Joint Legislative Budget Committee setting forth \u00b7the reason for the department s disapproval. ‘\”‘ r A county s approved. reduction plan shall remain in effect for no longer than the duration of the. fiscal year irt which the plan is approved.:At the beginriing of the following fiscal year, the county shall provide services pursuant to its approved program plan. . A county s . plall shall propose only the following methods of reducing costs and shall use only those methods\u00b7 that are \u00b7 necessary to bring anticipated expenditures within the amounts allocated to the COunty,. and shall U$e.these methods for onJ.y a specified period and only in the order in which they. appear below: (1) Temporary exemption of new applicants for aid underthe Aid to \u00b7Families with Dependent Children-Unemployed \u00b7. Parent program. . \u00b7 \u00b7 – (2) Temporary exemption of all Aid to .Families with Dependent Children , Unemployed \u00b7 Parent recipients . who have been continuously on aid for less than one year. (3) remporary assignment 9f volunteer registrants to a waiting list, during which time these registrants will receive no services. (4) Temporary exemption of all new appplicants fo.r aid under the Aid to Families with Dependent Children-Family Group program. (5) Temporary \u00b7 exemption of all Aid to Families with Dependent Children-Family Group recipients who have been on aid for one year or more. *’ ._ . (6} , Temporary exemption of all Aid to Families with Dependent Children-Family Group recipients who have been on aid continuouslyfor less than one .year.- . (7) . Temporary exemption of all Aid to Families with Dependent Children-Family Group recipients who have bE~en continuously on aid for less than tw.o years .. \u00b7 (8) Temporary exemption of all participants, based on the time on aid, .. with participants who have been on aid the longest being the last to receive exemptions. Counties ; that can remain within their allocation shall not implement reductions. (i)\u00b7 \u00b7The department shall evaluate the program and shall collect data on program cost, caseload movement, and program outcomes, including . data on all of the following: (1) The numbers of voluntary and mandatory\u00b7participants in each program component. \u00b7 (2) The amount of time that each participant remains in each component and the types of services, including supportive services, 94540 -21- Ch. 1025 each participant receives. (3) The number of recipients in each component that move to each of the other components. (4) The number of participants sanctioned as well as the amotmt and duration of the sanction, the reason for the sanction, and the amount of time the participant was in the program prior to the sanction. (5) The number of participants who go off aid, and to the extent possible, the reason they have gone off aid. (6) The number of applicants who reapplied for and received aid after having gone off aid during the time they were participating in the program. (7) The starting salary of employed participants .. (8) Participants job retention rates. (9) The appropriateness of the categorization of participants. (10) The appropriateness of assessments and employment plans. (11) The .appropriateness \u00b7 of preempl~yment preparation assignments, including a periodic review of the appropriateness of these assignments. ‘(12) The effectiveness of training components based upon the number of individuals placed in employment. ( 13) The timeliness of preemployment prepration assignment reviews. ( 14) The appropriateness of sanctions applied under this article. The department may use standard statistical sampling methods to conduct the evaluation. The department shall maintain this data for the state and for each county. The department may contract with a qualified organization for the evaluation required by this section. The department shall submit a plan for implementing this evaluation to the Joint Legislative Budget Committee. To the extent possible, the data collection . system for this evaluation shall be designed to collect data in the least expensive and least time-consuming manner possible. Utilizing the data compiled pursuant to this subdivision, the department shall, commencing one year after the effective date of this article, as added during the 1985-86 Regular Session, annually report, by January 10, to the Legislature and the GQvemor on the effectiveness of the program provided for in this article. The Legislative Analyst shall submit a review of this report to the Legislature by April 15 of each year. \u00b7 11320.3. (a) Each plan submitted pursuant to Section 11320.2 shall contain a methodology for the provision of job services, training and education, and suppo:rtive services to program participants. This methodology must specify how county welfare deparbnents will cooperate with, and maximize the use of, education, child care, resource and referral agencies, job\u00b7 service, and other appropriate local service providers. To the extent existing programs are available to.county residents, each plan submitted pursuant t:o Section 11320.2 94 560 Ch. 1025 – . 22- shall specify the manner in which these prQgrmns shall.be \u00b7utilized to provide\u00b7 services specified in this section. The county may provide services directly to program participants or enter into Interagency agreements or contracts With private or public agencies for the provision of these. services. \” \u00b7 \u00b7 \u00b7(b).\u00b7 Each co\\Ulty shall . specify in its plan\u00b7its target groups .and the choices that shall be\u00b7 made available to each target group, pursuant to Section 11320.4. The county shall\u00b7make available all of its programs to each target group, but may give priorities for certain programs to groups for whom these programs are reasonably expected to be the most \u00b7 effective .. (c) .As provided in\u00b7 the .contract entered into\u00b7 pursuant to Section 11320.5, job services shall include, \u00b7but not\u00b7be .limited to, all of the following: \u00b7 . ( 1 ), Job club, . which shall .consist of both \u00b7 of th.e following: . (A) \u00b7Job . search workshops. These job search workshops shall \u00b7be group \u00b7training sessio~ where .\u00b7 participants learn various job finding skills, including training in basic job seeking skills, job development skills, job interviewing skills, understanding employer requirements and expectations, and how . to enhance self-esteem, self-image, and confidence. 1 ~\u00b7~ (B) SuperVised job search, which shall include, but not be limited to, access to phone banks in a clean and well-lighted place, job orders, direct referrals to employers, or other organized methods of seeking work which are overseen,’ reviewed, and criti. . , (h) . In order to provide maxilnum choice to parents, and to ensure the availability of cbild\u00b7care, each county shall do all of the following: (1) Assist participants , to locate child care during -and after participation under this article. . (2) Allow and promote parent choice \u00b7 by providing flexibility in child care arrangements and establishing payntent arrangements, as necessary, to meet. the cost of licensed or exen1pt child care settings . …. ~ (3) Assist in the development of ne,w childl care capacity, where needed.. ;;}~ -. ( 4) Provide for the continuity of child care d1llring the participants \u00b7 postprogram transition \u00b7 period consistent wi.th subdivision (f) of Section 11300.3. ~- \u00b7 , . .. . . (5) Provide services to meet the child care needs of all children inthe\u00b7participant’s famlly up to the age of twelve. (6) Provide. child care to participants whose program demands flexible hours of care including evening, weekends, and split shifts . . (7) \u00b7To the e~ent possible provide for transportation of children from school to care, if reuonable and necessary. The county . may contract\u00b7 with the public .and private\u00b7 child care programs to provide any or. all of the services specUled in this subdivision. ~:\u00b7 . . \u00b7 \u00b7 ‘(i) Resource and referral programs shall assist the county welfare departments to. determine the child care needs of Greater Avenues for Independence particip~ts, provide thetn with . a listing of available .. child care services in the service area, and facilitate the efforts of county welfare \u00b7 departments, schooll districts, local child care providers \u00b7and . parent groups for the . expansion of child care services. \u00b7 – \u00b7 – (j) ‘If the county w_elf’are department or a cor1tractor pays for child care services which ate \u00b7 exempt from licensurE~, all of the following inforril~tion about the care giver shall be on ifile with the county welfare department or the contractor and shall be made available to the participant: .. ( 1) , The .name and address of the care provider. (2) . The address where care is to be provided. \u00b7 (3) . The. hours care is to be provided and the charge for this care. ( 4) . The names, addresses and telephone nun1ber of two character references. -27- Ch. 1.025 (5) A copy of a valid California driver’s li
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” ( RECIPIENT IMPACT STATEMENT ON THE WORKFARE PROVISIONS OF H.R.1720 MAY, 1987 PUBLSIHED BY THE COALITION OF CALIFORNIA WELFARE RIGHTS ORGANIZATIONS 1900 \”K\” STREET, SUITE 203, SACRAMENTO, CA 95814 TABLE OF CONTENTS H.R. 1720 in Brief Section 416(a) a~d (b)- Program Operation Section 416(c)- Participation Requirement Section 416(d)- Priorities Section 416(f)- Assessment Section 416(g) Agency-Client Agreement and Case Management Section 416(h)\u00b7 Range of Services Section 4160)-Workfare \”action 416 (k)-Job Search Section 416(1)-Sanctions Section 416{m)- Regulations Section 416{n)-Performance Standards Section 416(0) and (p)- Continuing Evaluation and Uniform Reporting Requirements Section 102- Federal Matching Rates Section 104- Effective date 1 2 3 4 5 6 7 8 9 10 11 12 ~ \\ 13 .14 ! 15 -1- H.R. 1720 IN BRIEF , THEGOOD Two-parent families will be eligible for public assistance in all states by 1990. Work related deductions would be available at all times. There will be no time limits. ~ithin .a 5 year period about 18 states would have to raise their AFDC benefits to 15% of the median income level for the state in question. Repeals the current provisions which deems the income of a parent to be available to the minor even if the minor lives separately from his or her parents. THE BAD. Mandates the state welfare department to require that a parent with children over the age of three years to participate full time in a workfare program and participate part time if there is a child over the age of 1. Allows states to mandates that both parents of two-parent families do workfare duties for their welfare benefits. There are no assurances that the family would have a certi- ficate which guarantees the participant that a care slot will be available if employment is found. The state welfare agency, not the state employment agency, would be required to operate the employment programs for wel- fare recipients. Parent(s) receiving AFDC benefits would no lon- ger be referred to the state employment agency for job services and training where all other people go for training and jobs. This is an attempt to separate the poor from all other non-wel- fare persons seeking jobs and training. State agencies would not be required to provide remedial education to all persons without a high school degree. The bill contains a big loophole for state agencies who do not think that welfare recipients need education. A recipient could begin his\/her participation in the program by being referred directly to a six (6) month workfare program. The six (6) month workfare assignment could be repeated year after year without any limitation if a person reapplies for aid. States can require participants to do job search while participating in other components, such as, education, training, workfare, except for remedial education. Thus, at any given time, the participant may be required to look for jobs that do not exist Recipients can be forced to ttain for jobs that would make them financially poorer. In many cases, the parents would not be able to feed or house their children because they would be forced to use their food and rent money for child care and other work-related expenses. Minors receiving AFDC benefits will be forced to live with their parents. In computing the AFDC benefits, clients would not be allowed to deduct valid child care payments. Rewards state agencies in the fonn of financial incentives when services are provided to volunteers but fails to impose any penalties on the state for client abuse and violating the Jaw; which is common practice in America. Imposes severe sanctions against clients who fail (as opposed to refuse) tc;> cooperate with the workfare workers without good cause. The bill fails to define what constitutes good cause and allows the state agency to sanction the parent or both parents of the family for at least three months, upon the second or subsequent failure to cooperate or participate. This means the state agency can sanction families for months and months, depending upon who operates the program or who is the Governor of the State. The mandatory workfare programs becomes effective in 1989, but the grant increases become effective in 1993. The bill does not mandate any priority for participation. Rather, it merely suggests that states give priority to volunteers and long term welfare recipients. States would get a 60% fede- ral match for job search and workfare activities, in lieu of the current 50% match. This would increase the amount of funds that state agencies can have to operate workfare and job search programs. States would be required to operate a workfare job search program, even if there are hardly any jobs in the community. Workfare is not mandated as a training program, rather it is a program whereby welfare recipients would provide uncom- pensated labor to federal, state and local governments. In many quarters, this is known as involuntary servitude or SLAVERY. -2- SECTION 416 (a) and (b) PROGRAM OPERATION-OPPOSE ‘SUMMARY OF THE SECTION This section requires the State to operate an employment program for welfare recipients. It will be operated by the State welfare agency in all political subdivisions of the State through a plan that shall be submitted to the Secretary of HHS pnor to the effective date of this section. RECIPIENT IMPACT STATEMENT Subsection (b)(l) requires each State to provide these services throughout the State without regard to the unemployment rate, that very few employers have hired a new person in months and notwithstanding the fact that the State may be primarily argricultural. This bill will force welfare recipients to conduct job searches in local regions where there are no jobs. This bill will create new jobs for workfare bureaucrats, i.e., jobs which monitor welfare recipients looking for nonexistent jobs and sanctioning recipients for failing to find jobs that do not exist. Subsection (b )(2) mandates that the private sector and local governments be involved in the planning and orogram design. The bill fails to mandate that program uticipants and their representatives be involved in the planning and program design. Subsection (b )(3) mandates that the State welfare agency be the agency responsible for the administration of this employment program for welfare recipients. The jobs and training program for welfare recipients should be operated by the State employment agency which operates the jobs and training program for non- welfare recipients. Having the State and local welfare agencies operate the jobs and training programs for welfare recipients promotes job segregation and redlining. RECOMMENDATIONS AMEND SECTION 416(b)(l) to mandate that services will be provided in all political subdivisions only if the unemployment rate is more than 7%. Amend Section 416(b)(2) to mandate that representatives of the locai legal services and welfare rights organizations, if any, be included in the planning and program design process. Amend Section 416(b)(3) to mandate that the State employment agency operate the employment and training programs for we!f are recipienis. The Commissioner of New York stated before the House Education and Labor Committee that welfare agencies deal exclusively with welfare recipients. Therefore, it would be unlikely that the State Welfare Department could make welfare recipients competitive with non-welfare recipients. SECTION 4l6(c)-PARTICIPATI0N REQUIRE- MENTS-OPPOSE SUMMARY OF THE SECTION This section specifies who must participate in the pro- gram. All persons with children over the age of three (3) years of age are required to participate in the pro- gram. States may set participation priorities, but are not limi- ted to the sequential order as set forth in this section. Persons working less than 20 hours a week will be re- quired to quit their job and participate in this workfare program. Persons may be allowed to complete a vocational and technical training program designed to lead to employ- ment. The bill retains the established exemptions, such as ill- ness, persons over the age of 60 years old, or the ill- ness of another family member. Finally, States can force welfare mothers (including nonbiological parents, such as grandparents or elderly relatives) with children, between the ages of 1 and 3 years, to participate in the workfare program, if the State provides the child care that the State agency believes the mother needs. RECIPIENT IMPACT STATEMENT The bill enumerates certain priorities which include the word \”including\” which makes possible an array of other categories of persons that States can give priority to, including everyone receiving and applying for AFDC. Thus, this section contains \”cosmetic\” prio- rities that have no \”bite\”. Moreover, this bill defines a \”long term\” AFDC recipient as having been on aid for 20 months during the past 24 months. This is a far cry from the \”generational wel-fare recipient\” who was viewed to be the \”long term\” welfare recipient. -3- This definitional change opens the door for the neo conservatives to launch another propaganda war b)’ talking about the fact that 90% of the people on welfare are \”long term\” welfare recipients as defined by \”our democratic friends\” in Congress. Persons who work part-time should never be forced to quit his or her job to work in a federal, state or local government workfare project. In many cases, part- time jobs become full-time jobs. There is no reason to force welfare recipients to quit their jobs because workfare bureaucrats need clients to justify their own monthly paycheck. This section does not allow AFDC recipients to complete their self-initiated education or training. It appears that the bill assumes that welfare recipients are not clever enough to initiate a job training program on their own without the whip of the workfare bureaucrats. AFDC recipients who embark upon the road of self-initiated education or training should be allowed to complete the program. RECOMMENDATION Amend this section to: Mandate that State agencies follow the priori- ties set orth in the law and prohibit any deviation from those priorities. Exempt persons from mandatory participation in the program who work part-time. Provide that any person who is cu\”ently in, or en-rolled in, a self- initiated education or training pro-gram be allowed to complete that program before being required to participate in the program under this secton. Only biological parents shall be mandatory partici- pants. -4- SECTION 416(d)-PRIORITIES UMMARY OF THE PROVISION This section provides that, to the extent that the State’s resources do not permit the inclusion of all mandatory recipients, then the State shall provide services to recipients consistent with the priority set forth in the law. RECIPIENT IMPACT STATEMENT This is another example of unrealistic priorities. The priority is applicable only if the State cannot seive all persons; most States would seive all persons. Therefore, the priorities set forth in this section are irrelevant. RECOMMENDATION Mandate that the priorities outlined in this section be followed unconditionally. The State agency should not be allowed to skip a priority without first conducting a public hearing and demonstrating that there are no person unserved in tha.t priority. SECTION 416(0-ASSESSMENT- OPPOSE SUMMARY OF THE SECTION This section provides that the State welfare agency shall make an initial assessment of the educational needs, skills, and employability of each participant. After the assessment, the State agency will develop a family support plan, which \”to the maximum extent possible\” reflect the preferences of the family members involved. -5- RECIPIENT IMPACT STATEMENT This section exposes the false assertions that HR 1720 empowers recipients to make choices as to the method of getting off welfare. The truth is that only the State welfare agency has the real power to decide what the client should do. The language of this section, which provides that the plan shall reflect the preference of the family \”to the extent possible\” demonstrated that the power belongs to the workfare bureaucrats. RECOMMENDATION On page 11, line 10 strike the word \”to:\” and line 11. This would give us some hope that the preferences of the family would be considered. -6- \”‘~CTION 416(g) AGENCY-CLIENT AGREEMENT Every person realizes that only parties in a equal . iD CASE MANAGEMENT-OPPOSE bargaining position can enter into a valid agreement. SUMMARY OF THE SECTION This section provides that following the initial assess- ment, the county welfare\/workfare bureaucrat and the client shall enter into an agreement. This agreement will set forth what the client must do and what the State agency must do. Clients may file a fair hearing request to resolve disputes relative to client-agency agreement. However, the law makes it very clear that \”In no case shall any agency-client agreement entered into pursuant to this subsection, give rise to a cause \u00b7 of action against the Federal Government or any officer or agency there- of if any party to such agreement fails to observe its terms.\” Each family member required to participate will be as- signed a case manager .. RECIPIENT IMP ACT STATEMENT This section demonstrates that an agreement between the welfare agency and the client is actually a one way street. Clients can be sanctioned for failing to coope- Tate or participate, but the federal government and its ,ents are not responsible for refusing to comply with me agreement they entered into with the welfare recip- Oient. It shows the hypocrisy of the alleged client-agen- cy agreement.In reality, the client-agency agreement is a statement wherein the state workfare bureaucrat spells out what the recipient must do so that their children will continue to receive aid. If the recipient fails to do what the State workfare bureaucrat say has to be done, their children would not receive welfare benefits for a specified period.In reality, the client-agency agreement is a statement wherein the state workfare bureaucrat spells out what the recipient must do so that their children will continue to receive aid. If the recipient fails to do what the State workfare bureaucrat say has to be done, their children would not receive welfare benefits for a specified period. The AFDC client applies for aid to support his or her children. If the client wants the children to receive aid, the client must enter into this agreement. If the client does not enter into the agreement, the family’s application for aid is denied so that they receive no aid, then the family will be forced onto the streets ~d to the garbage cans they go. They become another statistic to the ever growing homeless families of America. RECOMMENDATION The State agency shall assess the participant. The out- come of the assessment, the name of the local legal and welfare rights office, the availability of the various types of supportive services, including a recommended component for participation shall be mailed to the participant. The participant shall have the right to select either the recommended component or one of his or her choice and the rig ht to request the services the client be- lieves is needed. The component selected by the recipi- ent shall be deemed to be \u00b0\”~-:–re–i.Jpriate, unless there is clear and convincing evi’dence that the component selec- ted by the participant is inappropriate. This would assure that client would be empowered to select a reasonable component and ask for supportive services, without having the workfare bureaucrat breathing down their neck and telling them what they should write on the form, which is a common practice within the welfare .system. CCWRO has published a proposed \”Welfare Reform ; Bill\”. This bill has specific language that contains all necessary protections that clients need for a agency- client agreement. With that language this alleged agreement will be another cruel joke upon the needy of America. -7- SECTION 416(h) RANGE OF SERVICES-OPPOSE Some States, like the State of California, maintain that SUMMARY OF THE SECTION This section provides that each person shall be entitled to a range of services which must include remedial education, skills training and job search services, plus two (2) services from the following list of services: (1) on-the-job training; (2) work supplementation; (3) workfare; or (4) other education and training activities as determined by the State and allowed under federal regulations. Persons without a high school degree or its equivalent will receive remedial education \” … except in the case of a participant who demonstrates a basic literacy level and whose family support plan identifies a long-term employment goal that does not require a high school diploma … \”. A person cannot be required to stay away from their home overnight in order to participate in the program. This section prohibits displacement of current workers and contain comprehensive displacement language. No person shall be assigned to a position which would result in net loss of income, which is not defined. RECIPIENT IMPACT STATEMENT This section fails to provide recipients with an unifor- med full range of services. Thus, persons in different states and different counties within the same State will receive different types of services. Moreover, when a person moves from one place to another, they would not be able to pick up where they left off, rather, they will be forced to start all over again, which is not an efficient way of operating a program. refugees do not need to learn to speak English because there are many people in America who work without speaking English. Given this type of attitude, this section contains a big loophole; no one would need a high school degree since many low paying jobs are available to those without a high school education. . Under the WIN Program, persons who must travel more than two hours each way are exempt from the program. This section could force persons to travel four (4) to six (6) hours each way without exempting them from the Program, because they would not be away from home overnight. RECOMMENDATIONS 1. Mandate that the State agency allow the participant to select from the full range of services, rather than from a limited range of services. If the services are not available, then the participant shall be placed in an unassigned pool until the services selected by the participant becomes available. 30 days following the selection of a particular service by the participant the State agency shall mail a notice to the participant informing him or her of the rig ht to select another component on a New Component Selec- tion Form. Any person who does not have a high school diploma, should be required to participate in a remedial edu- cation program and they cannot be required to participate in any other service until they obtain a high school degree. No person should be required to participate in the pro- gram unless the trip from home to the assignment is less than 2 hours each way. -8- SECTION 416(j)-WORKFARE-OPPOSE 1his section allows State agencies to establish a work- fare program whereby welfare mothers raising children will have to work for the funds they receive which meet their basic survival needs. \”To the extent possible, the prior training, experience, and skills of a recipient shall be used in making approp- riate work experience assignments. The workfare program will be limited to a one-time on- ly six (6) months assignment which cannot be repea- ted. They must work off their grant by dividing the monthly grant by the existing hourly pay scale estab- lished for the position in which the participant is assig- ned less any child support payments being paid to the recipients or to the State on behalf of the recipient. RECIPIENT IMP ACT STATEMENT The issue of whether Americans should be compen- sated for their labor or forced into involuntary servi- tude was decided during the Civil War. There are some individuals in our society who just will not accept the fact that slavery has been abolished in America and will do everything in their power to turn the clock back to the dark ages. Workfare has never been operated to help the poor, rather it was designed for the sole purpose of puni.,; shing the \”undeserving poor.\” RECOMMENDATION Repeal the entire workfare section. OR Limit the workfare duty to three (3) month\/or each in- dividual, which was the duration of the San Diego County Workfare Program. Allow participants to select a workjare site of their own choosing from a list of available workfare sites. SECTION 416(k) JOB SEARCH-OPPOSE A person would be required to perform an eight (8) week job search program \”in such manner as the State agency determines (in each particular case). Job search may be required by an applicant while his or her appli- canon is being processed. After eight (8) weeks, the participant must be placed in an education, training or workfare assignment, and be requiredto simultaneous- ly to do job search. RECIPIENT IMPACT STATEMENT This section leaves the door open for the State agency to require that participants make 25 applications a week for nonexistent jobs. The State may require that diffi- rent clients make varying numbers of job contacts. If the workfare bureaucrat likes a certain client, then that client will have to make fewer job contacts than other clients. Som~ State agencies have found the easiest way to make families homeless. A family without any funds is required to do job search. Naturally, they will not be able to complete their job search assignment, thus their application will be denied for failure to complete their job search assignment. An ideal way of cutting the welfare rolls. -9- An eight (8) week job search is wasteful. In San Diego, recipients were required to do a three (3) week job search. Having a person do workfare, education or participa- ting in a training program while looking for a job at the same time doesn’t make sense. What does a person do who is in training and has done five of the six months and somebody offers him or her a job? Should he or she accept the job or complete the trainini? Under this section if he or she refuses to accept the Job, they will be sanctioned. It seems stupid doesn’t it? RECOMMENDATION A person shall only be required to do a three (3) week job search and be required to contact no more than six (6) employers a week. The participant should also be required to do a three week job search assignment after completing a training program that was designed to least two full months of aid payments.lead employment. No person should be required to do job search or participate in this program unless they have al- ready been found to be eligible for aid and have received at their first f amity assistance payment -10- rCTION 416(1) SANCTIONS-OPPOSED SUMMARY OF THE SECTION Thi~ ~ection provides that any participant who fails to participate without good cause shall receive AFDC be- . n~fits only_ f?r the children as long as they continue to fail to participate. Once they agree to participate, their f~ benefits shall be re~t~red. If the family member fails to cooperate or pamc1pate a second time without good cause, then they will not be aided (but the chil- dren will) for a minimum of three months. No sanctions will be imposed until conciliation efforts have been made to resolve the issue. \u00b7 RECIPIENT IMPACT STATEMENT This section is an improvement over the current federal regulatio’!s, whi~h ~low for a six ( 6) month sanction of the entire family m the case of a two-parent family. The major problem with this section is that for the second offense it has a durational ineligibility period. To expect a family of four to live on an \u00b7AFDC check for a family of two is ridiculous. In the final analysis ~ ones who will suffer the most will be the children: .. nese families may very easily become homeless. ~e. conciliation provisions in this section are very rmmmal an~ ~o not represent a meaningful protection to poor families from needless sanctions. RECOMMENDATION San~ti~ns shall be impo_st:d only as long as the participant refuses to parncipate. Once the participant agrees to participate, the sanctions should be stopped immediately and aid for tha,t person should restored effective on the day they agreed to participate. In many States, i~ takf!s the welfare agency 45 days to process the application of the person who is reapplying for aid. If a p~rson agree~ to p~rticipate and then refuses to participate twic~ in a given month, then that person, and not the family, should be sanctioned\/or 30 days. Conciliation in this section is very limited. Conciliation wou~d.work if the State agency is required to notify the parncipq.n_t b~ letter of the exa~t act judged to be nonpartzcipation or noncooperation, what constitutes good cause, a proposed conciliation plan which would cure the alleged noncooperation or nonparticipation which shall be directly related to the noncooperation o; nonparticipation act, space for the participant to set fo_rth his o~ he~ proposed _conciliation plan, if they disagree with the proposed conciliation of the State agency, and the names, addresses and telephone numbe_rs of the local legal aid and welfare rights agencies. If the participant agrees to the proposed conciliation and completes it, the State agency shall mail him or her a letter stating that the conciliation plan was successfully completed. Such !l conciliation process would resolve most of the sanctions. Specific language for sanctions and conciliation can be found in CCWRO’s proposed \”Welfare Reform Bill\”. -11- SECTION 416(m)-REGULATIONS-OPPOSED SUMMARY OF THE SECTION This section provides that regulations implementing the network program will be developed wi~ six ( 6) months in consultation with the State agencies. RECIPIENT IMPACT STATEMENT There is no reason to promulgate regulations imple- menting the workfare provisions of this bill prior to promulgating regulations for the improvements in HR 1720. In fact, we believe that the entire bill should become effective on the same date and that all of the regulations be promulgated at the same time. We also object to the fact that only the State agen.cies are consulted in the promulgation of the regulattons and the representatives of the consumers of the program are ignored. RECOMMENDATION Title 1 of H.R. 1720 shall become e\/fec~ive when all other provisions of the bill become effective. -12- \”ECTION 416(n)-PERFORMANCE STANDARDS-It is interesting that the Secretary has six (6) months to )PPOSE develop regulations, and the Secretary can take action on State plans immediately, long before any perfor- SUMMARY OF THE SECTION mance standards are developed. \u00b7 This section sets forth the performance standards for States operating the network progam. The Secretary has one ( 1) year to establish performance standards in consultation with Congress, States and localities, edu- cators and other interested persons. These standards shall provide rewards to States who target their pro- gram to the designated groups as set forth in the prio- rities of the network program, rewarding States that provide intensive services to participants, rewarding States that place strong emphasis on participation by volunteers, etc. RECIPIENT IMP ACT STATEMENT The entire scheme of performance standards evolve around how much more the federal government will give the State to do what the States are already required to do. There are no penalties when the State violates the law. There are no real performance requirements- the basic requirement being that the States get paid based upon the number of persons they are directly responsible for getting a job and it has been verified. It is evident that performance standards are not requi- red to assure that taxpayers get a fair return on their investment; rather, it 1s for the sole purpose of giving more II19ney to States without any adequate controls and accountability for the program operation. Of course, the participants will be held accountable. If the participant fails to cooperate, severe sanctions are invoked. ff the State fails to comply with the law, it wil not even get a slap on the wrist. RECOMMENDATION. Rewards should be equitably divided between the par- ticipants and the States. States should only receive funding for the number of mandatory participants who obtained, maintained and whose employment has been verified. States will receive additional funding for providing ser- vices to volunteers and persons who have been on aid continously for six (6) years, without consideration that these persons find employment. This would assure that States would target their ser- vices to long term recipients and volunteers -13- SECTION 416(0) and (p) CONTINUING EV ALU- ATION AND UNIFORM REPORTING REQUI- REMENT-OPPOSE SUMMARY OF THE SECTION This section provides that the Secretary shall contin- uously evaluate the program and establish uniform re- porting requirements. RECIPIENT IMP ACT STATEMENT The General Accounting Office published a report sta- ting that HHS failed to establish any kind of evaluation or reporting requirements upon the States. This section grants discretion to the Secretary discretion to establish an evaluation and reporting requirement, when it has al- ready been demonstrated that HHS is not interested in monitoring State welfare agencies. Thus, Congress needs to be very specific in the statute in identifyin e contents of the States’ reports to insure that the infor- mation flowing from the States will provide adequate information so that Congress can evaluate the Pro- gram. RECOMMENDATION The statute should provide for specified types of in- forma.tion that state agencies shall provide HHS to assure that an adequate evaluation can be done of the program. CCWRO ltas made a copy of its \”Welfare Reform Bill\” which contains the necessary language for this section. I . -14- SECTION 102-FEDERAL MATCHING RATES- ‘,PPOSE SUMMARY OF THE SECTION This section provides that the federal government would contribute 60% towards the administration of the network program and the appropriation would be open-ended. RECIPIENT IMP ACT STATEMENT W, e oppose having an open-ended appropriation for this program, when a program such as Food Stamps is a close-ended appropriation. Moreover, an open-ended appropriation without any safeguards for State abuses sets a dangerous precedence. RECOMMENDATION The appropriation should be close-ended and should be based upon the actual cost of serving volunteers and persons who have been on aid continously longer than six (6) years. Mandatory participants shall only funded if they obtain and maintain a job that is a direct result G their participation in the network that has been verified -15- SECTION 104-EFFECTIVE DATE-OPPOSE SUMMARY OF THE SECTION The network statute becomes effective on October 1, 1989. Other portions of the act, such as the inclusion of two-parent families ~:ecome effective in 1990, the AFDC benefit increase~ :>ecome effective 1992, etc. RECIPIBNT IMPACT STATEMENT Generally statutes that benefit recipients are last to go into effect, or are repealed before they go into effect and statutes that are not designed to help the poor are the first ones to be implemented. RECOMMENDATION. The provisions of network shall go into effect as soon as all of the other sections of the bill have gone into e\/f ect and no sooner. ABOUT THIS PUBLICATION The recipient impact statements of the NETW ork program is a product of intense discussions with welfare advocates who, combined, represent centuries of experience in workfare programs. Legal analysis was done by Grace Galligher, Attorney at law. The primary author of the report was Kevin Aslanian, who has been actively involved in welfare rights advocacy for over 15 years. He is also a former recipient of welfare programs. CCWRO wishes to express its appreciation to all persons who participated in this project and to those who will read this analysis. Language implementing many of the recommendations contained in this report are embodied in the CCWRO \”Welfare Reform Proposed Bill of 1987\”, which has been made available to most congressional offices. Persons wanting copy of this publication should contact CCWRO at 1900 \”K\” Street, Suite 203, Sacramento, CA 95814, or call (916) 442-2901. – . . STOP . . . . H.R.1720 . ABOUT CCWRO CCWRO is an organization ofwelfare recipient organizations throughout the State of California. We also work with welfare rights organizations throughout the nation. CCWRO publishes a monthly publication called the \”California Workfare Reporter\”. CCWRO has also published an analysis off amilies who were victimized by the workfare and welfare program operators. Our publications and analysis are based upon the true stories and views of the poor people who participate in the various public assistance programs throughout the United States of America. CCWRO has testified before Congress relative to workfare programs several times during the past few years. ”
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CCWRO Recipient Impact Statement of AB 2580 as Introduced – Agnos-Swoap Welfare Deform Bill.pdf

” RECIPIENT IMPACT STATEMENT Agnos-Swoap Workfare Bill .USEMBLY Bn..L No. 2580 Introduced by Assemnly Members Konnyu: Agnos, Molina, Killea, Berger, Senators Nielsen, Garamendi, and Bill Greene July 18, 1985 COALITION OF CALIFORNIA WELFARE RIGHTS ORGANIZATIONS 1eoc> \”K\” STREET. SUITE 203 (9161 442\u00b72901 SACRAMENTO. CA. 95814 1800> 445\u00b77575 TABLE OF CONTENTS E:recutive Summary Fiscal Analysis Introduction Section 11320- Program Intent Section Section 11320.1- Registration Requirement Section 11320.2 (a) and (b)- County Plan Requirement Section 11320.2(c)- County Plan Standards Section 11320.2(d)- Provision Allowing Refugees and General Assistance Recipients to Participate in the Program at the County’s Option Section 113 20. 2(e) and (f)- Program Implementation Period Section 11320.2(g)- Program Monitoring and Reports to the Legislature Section 11320.3 (a) and (b)- Services Contained in the County Plan Section 11320.3(c)- Describtion of Job Club, Job Search and Workfare Section 11320.3(d)- Programs Available After 90-Day Job Search Section 11320.3(e)- Supportive Services Section 11320.3({)- Advance Payments and Transitional Supportive Services Section 11320. 35- Displacement Language Section 11320. 4- Services for Target Groups Section 11320.5(a)- Contract Provisions and Exemptions From Registration Section 11320.5(d)- Provision for a 90-Day Job Search and then a One-Year Workfare Assignement Section 11320.5(e)- County Paid Staff Resolving Disputes Between Participant and County Workfare Staff Section 11320.6- Program Sanction Provisions Section 11320.65- Provisions to Resolve Dispute When the County Fails to Meet the Provisions of the Contract Section 11320.7- Good Cause Provisions Section 11320.8;11320.9 and Section 2- Funding of the program, Requests for Waivers, and Waiver of the Regular Adoption Process of Regulations 1 2 3 4 5 6 7 8 9 10 11 13 15 17 18 19 21 22 23 25 26 28 EXECUTIVE SUMMARY The author of the program states that the purpose of this bill is to prepare AFDC recipi- ents for jobs through training, educational opportwtities to make the AFDC program more acceptable to the public. The program will serve about 35% of the caseload. Most of these people will be required to register for work. CONTRACT After registration they enter into a contrac4 which outlines the participants rights and responsibilities and the participant is required to sign the contract as a condition of e Ugibility. The contract shall also reflect the supportive services that the cOW’lty detennines the participcmt needs. In signing the contract, the participant does not have a choice wherein the decision is that of the participant and not the county. This document will be used against the participant who fails to comply with the decisions made by the county. JOB-SEARCH The registrants are divided into four (4) groups by statute and a member of each groups is required to participate in a certain activity as a condition of eligibility: 1. Persons who have been on aid for more than twice during the past three years is not required to participate in the job-search phase of the program; 2. Persons who have been on aid for less than 2 years are required to participate in the job-search portion of the program which cannot exceed three (3) weeeks as determined by the county welfare department; 3. Those persons who have been on aid for more than 2 years are required to participate in a job club, then a three (3) week job search program. 4. There is a fourth element, whi ch provides that if \”appropriate\”, participants who need education \”may\” be allowed to take some adult education courses. The statute allows t he county to make the determination of appropriateness. Even if the county decides that education is \”appropriate\”, they \”may\”, but are not required to refer the participant to remedial education. ASSESSMENT AND ALLEGED CHOICES OF THE PARTICIPANT If the participant fails to find a job after going through the mandatory job sear ch phase of the program, then he or she is referred to an assessment. During this assessment the COW’lty \\llelfare department shall determine what type of t raining the participant should receive. The statute mandates that the county welfare department establish target groups and the target group will be targeted for a target service. Thus when the participant arrives at the assessment interview, all the county has to do is determine which target grOup the participant belongs to and refer that participant to the target service. Upon such determination the contract is amended and the participant signs a new statement an amended statement of rights and responsibilities. After the completion of the target service the participant is required to do a 90 day job search. If the \u00b7participant fails to find work during that time, then they are referred to a one-year workfare program. ONE YEAR WORKFARE There are two (2) types of one-year workfare programs: 1. The first one is called the \”basic\” workfare program. This program will be imposed upon persons who have not demonstrated good work behavior during their participation in the targeted service or other aspects of the program; 2. The second one is the \”advanced\” workfare program, which is available to those persons who demonstrated good work behavior. The participant must work off his or her AFDC and Food Stamp benefits, including the child support payments that are go directly to the district attorney. If the person works off their entire grant in any month and years later the county discovers that the family should not have been receiving aid for some other reason, they will be required to pay back the AFDC funds they’ve worked for. WHO MUST PARTICIPATE Participation is required of all persons who do not have a child under the age of six years old. Thus participation in the program will be required of pregnant women with no other children, because the Deukmejian Administration does not consider the unbom to be a person, grandparents and other relatives who are not the custodial parent of the child and legally responsible for the support of the child will also be required to participate. The bill fails to do anything about the major cause of welfare-lack of jobs available to AF DC recipients. FISCAL ANALYSIS The program costs have been estimated at $266.3 million each year, once the program \u00b7 becomes fully operational. The figures outlined below are based on the estimate done by the Department of Social Services. About half of the funding comes from mostly existing programs, such as WIN- Demo-$37 ,9; EPP- $8,2 million; San Diego County Workfare Program- $0.4 million; JTPA- $42,8; JTPA Educational Linkage- $6.9 million; Regional Occupational Programs- $5.9 million; ADA Community College- $20.0 million and ADA Adult Education- $7.9 million for a total of $130.000,000. The program will have $1 million appropriated to cover the costs of 20 new state employees to supervise the counties and for other state functions. When the program is fully implemented, the costs will be as follows: Registration\/Orientation $1.2 Remedial Education 9.3 Job Club 47.4 Assessment 15.6 Short Term Training 140.2 9o-Day Job-Search 3.2 1-Year Workfare 47.0 Transitional Child Care .9 Marketing .5 State Support 1.0 The various program total costs are broken down into four categories: (1) Administration; (2) Work Related Expenses; (3) Child Care; and Workmen’s Compensation costs. Administration $ 144.3 Child Care $ 61.8 Work Related Expenses $ 31.3 Workmen’s Compensation far Workfare $ 9.1 The state has informed us that the $1 million for state support will result in 20 new state positions. The WIN program has about 400 employees who serve 60,000 participants through the job club\/job search process, which is only one of the components of the Agnos Swoap Workfare Legislation. The Agnos-Swoap legislation anticipates that 145,000 persons will receive job-club\/ job search services. In addition, the program will have another 110,000 persons in the various workfare programs. Given the increased number of participants, it is reasonable to assume that the county will have to hire more people. County Funds Available $136 million New Persons to be hired 2,500 This estimate is based on the fact that with $1 million the state will employ 20 persons. The county should also be able to hire 20 persons for each million they receive. They will need to hire new people because of the increased number of persons that will be participating in the program. Moreover, it is not clear from the legislation whether or not E.D.D. will be doing the job-search workshops. Some counties may want to do their own job search\/job clubs. The legislation provides for maximum county flexibility. WILL THE ClllLD CARE FUNDS BE SPENT? Given the fact that most of the activity is anticipated to be in Job Search and Workfare, we estimate that the county will schedule these assignements while the children are in school. The legislation provides that only if the county determines that the participant \”needs\” child care will child care costs be paid. The legislation fails to allow the participant to decide if they need child care assistance. WILL WORK-RELATED EXPENSES BE PAID? The bill anticipates that $31.3 million will not be paid for work-related expenses, because it is the county’s decision to decide if the participant has any work-related expenses, rather than the participants decision. Moreover, participants have no meaningful opportunity to indicate their need for work-related expenses in a written form. -1- INTRODUCTION This is an analysis of the Agnos-Swoap workfare bill. This bill represents one of the more comprehensive punitive workfare approaches devised to date. The bill has heavy emphasis on job-search workfare and there is very little job training or job development. Mr. Swoap has tried for three years to convince the United State Congress to mandate workfare nationwide, but the Republican Senate Finance Committee has rejected his propo- sal because they discovered that workfare costs more than it saves. It appears that Mr. Swoap has been able to recruit Mr. Agnos and they are jointly trying to do in California what Mr. Swoap failed to do in Washington as a representative of the Reagan Administr- ation. The proponents of the bill assume that our economy has unlimited jobs. The alleged reason that welfare recipients are not getting jobs is because they just don’t know how to present themselves or connect themselves with the alleged jobs. They assume that once welfare recipients are told how to dress, how to use the phone book, a miracle will happen and all of a sudden everybody will have jobs. This is a fantasy and it has no connection with the real world. In June, 1985, there were 964,000 unemployed persons, 360,000 of them were rece1vmg unemployment benefits. These are people actively looking for work today. Most of the 200,000 people that this program will serve are not included in the state unemployment statistics. It is clear that this bill, which promises to obtain employment for 150,000 persons during a: year and a half, is not realistic. Similar promises are made in the intent section and other parts of the bill- but the langauge in the instrumental sections makes it very clear that the promises are not meant to be kept ( relative to child care services, choices, advance payments,etc}. Passage of this bill in its present form will accomplish little apart from bringing about a major expansion of the welfare bureaucracy. That’s fine for administrators who are understandably eager to see their empires expand. It’s not so good for the taxpayers. Since we know that this type of program is not cost effective. And it’s hell for the already haras- sed single or unemployed parent who has been targeted by the bill as one of the guinea pigs upon whom, and upon whose children Agnos and Swoap propose to test their \”experi- ment\”. The following is a se ction-by-section analysis of the Agnos-Swoap Workfare Bill.At the end of our analysis we will have a copy of the legislative language contained in the bill -2- SUMMARY OF SECTION 11320 This is an intent section which provides that recipients shall be expected to work. It also provides that the recipient shall enter into an explicit contract with the county. It also outlines specific principles of the program, such as; \”recipients shall be able to make choices \”. ANALYSIS OF THE SECTION This Section contains some nice language, but it is merely intent language. It has no real force of law. In fact, the specifics as to how this intent is carried out in later sections shows that no matter what the intent of the bill, the program will not operate the way i t is intended to operate. The statutory language does not require that the program operat e in accordance with the language in the intent sections. RECIPIENT IMPACT STATEMENT There is no real impact. It merely paints a rosy picture of a program which in reality is punitive, demeaning, and doomed to fail. C.C. W.R.O POSmON Oppose. RECOMMENDATIONS The bill should be amended to assure that the program operation is consistant with the fine intent language set forth in this section. 11320. The Legislature finds and declares all of the following: (a) Applicants for, and recipients of, aid under this chapter desire to work, and will do so if provided with the opportunity. (b) The state and counties shall provide applicants for, and recipients of, aid under this chapter with the opportunity to obtain employment by offering a full range of employment training and supportive services, consistent with the needs of participants, that allow for informed choices in order to meet their employment goals. (c) Able-bodied applicants for, and recipients of, aid under this chapter, are expected to work. The tirneframes for fulfilling this expectation .11hall be set forth in an explicit contract between an applicant or recipient and the county. (d) Because success of any program will depend on the state, it must exercise leadership to engender enthusiasm among counties, county welfare department directors, and county welfare department line staff, who are the principal contacts for many recipients enrolled in the program. (e) A successful program should also be based upon all the following principles: ( 1) Recipients should be able to make choices and to live up to the responsibilities involved in those choices. (2~ Pa~ticipants should have an early opportunity to obtam a Job. . (3) Expenditures should be targeted where they can do the most good. (4~ The stat~ and the counties have a responsibility to proVIde a suffictent level of services to meet the needs of particlp~ts, as well as to undertake sufficient public info~ation efforts to make recipients, potential participants, employers, or other public or private entities aware of the components, opportunities, and benefits of this program. (5) New programs should be good investments of public funds. Added costs to the system should be mcurred only when they are likely to result in long-tenn personal and community payoff. (f) Cli~’:lts should not be placed in any unassigned pool while Watting for a scarce resource. (g) Most types of e.mployment and training program components for applicants for, and recipients of, aid under this chapter have been successfully tried in this state. \u00b7 (h) Aid under this chapter is available to persons who meet eligibility requirements. The program provided for in ~ ~ti~le should not hamper continuation of this state s e.ns~g system of fraud detection, one of the most successful m the nation. -3- SUMMARY OF SECTION 113ZO.l This Section requires all recipents who are required to register for work under federal law to register for work with the county welfare department. It also allows any person who is not required to register for work to register with the program, if they so desire. ANALYSIS OF THE SECTION This section makes no changes from existing practice. RECIPIENT IMPACT STATEMENT None. C.C.W.R.O. None. This is a federal requirement. RECOMMENDATIONS None. 11320.1. Every applicant for, or recipient of, aid under this chapter who is required to register for employment and training programs pursuant to Section 11310 shall be required to register under this article with the county welfare department. Any applicant for, or recipient of, aid under this chapter who is not required to participate under this article may volunteer to participate in the program. Any person required to register under this article with the county welfare department, and who refuses to register, shall be subject to the procedures provided for in subdivision (a) of Section 11320.5. -4- SUMMARY OF SECTION 11320.2(a) and {b) This section requires that the program be administered pursuant to regulations promulga ted by the Department of Social Services, which shall be done through emergency basis. It also provides that e ach county shall submit a county plan for approval by the department. The pla n has to be \”cost effec tive\” and \”no plan shall be approved which requires job search and work experience of participants to the exclusion of a range of services.\” ANALYSIS OF THE SECTION This section does not mandate that all of the various services be available. It merely requi- res that there has to be some other services besides job- search\/ workfare, but it also makes it very clear that the program has to be cost effective. The only programs that the Depart- ment considers to be cost effective are job-search and workfare. Thus,most plans will be heavy on job-search and workfare. There will be some other token programs available. If a county submits a plan that has a full range of services, it will surely be disapproved by the Department for not being cost effective. RECIPIENT IMPACT STATEMENT The program will not offer training opportunities to recipients. It will force all recipients into job- search\/workfare, which will not assist recipients obtaining jobs. Jobs which they would not have been able to get without this program. C.C. W.R.O. POSffiON Op pose. RECOMMENDATIONS This section should be amended to mandate that the county plan offer a full range of servi- ces. Cost effectivenes shall be deleted as a requirement. Such a requirement would mean that most recipients would only receive job-search\/ workfare services. 11320.2. (a) County welfare departments shall administer this chapter, in a manner consistent with the provisions of this chapter and regulations adopted by the department in order to implement this chapter. (b) Each county welfare department, with the cooperation of local private industry cow1cils, as provided for under Division 8 (commencing with Section 15000) of the Unernloyrnent Insurance Code, shall design a package of services to be provided to participants receiving services under this article, that reflect available resources and local job market needs. Each plan shall specify what types of services are to be targeted to specific groups of program participants pursuant to Section 11320.4. A joint plan may be submitted by two or more consenting counties. The county’s plan shall specify services which are needed by groups targeted by a county pursuant to Section 11320.4, but which are unavailable, and \u00b7the plan shall specify methods for developing the availability of these services within a reasonable time period. Prior to implementation, each plan must receive approval by the department. In determining whether a plan should be approved, the department shall consider the cost effectiveness of the plan, in addition to the appropriateness of the services proposed to be delivered under the plllll) given the local labor market, maximum utilization of existing and generic services, and administrative ease. No plan shall be approved by the department that does not provide an adequate range of services as described in Section 11320.3, and no plan shall be approved which requires job search and work experience of participants to the exclusion of a range of services. -5- SUMMARY OF SECTION 11320.2 (c) This section requires that the county plan shall be consistant with the plans developed by the JTP A program. It shall also consider the goals of training program participants; reducing welfare costs and placements in unsubsidized employment. ANALYSIS OF THE SECTION Although this section requires that the plan consider the desires of the business interests of each community,it fails to consider the viewpoints and interests of the recipient public in a meaningful manner. There is no provision for public hearings wherein the concerns of the poor will be taken into consideration. There is no provision for a process whereby the county will work with the recipient representatives in the development of the program. It appears that the poor and their representatives are to be treated as second class citizens. RECIPIENT IMPACT STATEMENT This process will totally exclude the recipients and their representatives from becoming involved in the developmental process of the county plans. C.C. W.R.O. POSmON Oppose. RECOMMENDATION The bill should be amended to: (1) require that a public hearing be held on the county plan consistent with the statutes governing the Community Services Block Grant local plan hearings; (2) require each county to have an advisory committee of recipients and their representatives. These representatives shall meet once a month . to receive input from program participants, and make recommendations to the county, Department of Social Services (DSS) and Legislature. There should also be a statewide advisory committee which should oversee the entire program and advise the Department and the Legislature on how the program is operating. (c) In order to measure the effectiveness of county plans under this article program standards for this article shall be consistent with those developed for service delivery areas pursuant to Division 8 (commencing with Section 15000) of the Unemployment Insurance Code. The Health and Welfare Agency shall insure that standards shall include, but not be limited to, ( 1) the goals of training program participants for unsubsidized employment and, (2) reducing welfare costs by increasing earnings of program participants in unsubsidized employment, (3) placement in unsubsidized employment resulting from all program components. -6- SUMMARY OF SECTION 113ZO.Z(d) This section allows the counties to include General Assistance and Refugee Services recipi- ents in their county plan, provided the county does not use funds appropriated for this program. If the cormty chooses to include general assistance and refugee services recipients in the program, then those recipients shall be subject to the provisions of this bill. ANALYSIS OF THE SECTION Most refugees have a need for special types of services because of their backgrounds. This program is not designed for refugees. RECIPIENTS IMPACT STATEMENT We believe that this program will hurt refugees by forcing them into a long term job-search- workfare, when what they really need is an education. C.C. W.R.O. POSmON None. RECOMMENDATION Mandate that the special needs of the refugees be considered, if they are to be included in the program. (d) A county plan may also provide that the program provided for in this article shall apply to refugees or recipients of aid under Part 5 (commencing with Section 17000), except that no funds appropriated for purposes of this article shall be utilized for purposes of applying this article to these individuals. If a county elects to apply the program provided for in this article to either refugees or recipients of aid under Part 5 (commencing with Section 17000}, the county shall maintain separate accounting records of expenditures related to applicants for, and recipients of, aid under this chapter, and for the individuals to whom the program applies pursuant to this subdivision. If a county elects to apply the program provided for in this article to either refugees or recipients of aid under Part 5 (commencing with Section 17000), these individuals shall have the same rights, duties, and responsibilities that a participant has who is an applicant for, or a recipient of, aid under this chapter. Any participation by General Assistance recipients shall not constitute any actual or implied responsibility for, or assumption of, costs of general assistance by the state. -7- SUMMARY OF SECTION 113ZO.Z(e) and (f) This section provides that the program may be phased in within a two (2) year period and shall be totally operational within three (3) years. ANALYSIS OF THE SECTION There is no requirement that the county phase- in be implemented pursuant to the county plan, which shall specifically set forth how this phase-in will be implemented. The phase in should be implemented statewide, rather than on a county by county basis. When a client moves from one county to another county, he\/ she have problems. One such problem would be termination from aid from the previous county for failure to participate in the program. Moreover, some counties may allege that people are coming to their counties to get away from an early implementing county. RECIPIENT IMPACT STATEMENT The unequal phase can cause confusion for recipients who are moving from one county to another. c.c. w .R.o. rosmoN Oppose. RECOMMENDATIONS The bill should be amended so that \”the phase in\” will be carried out simultaneously in all count ies according to the statewide plan. In addition, it will be prudent to test the program before it is implemented statewide. The t est should be evaluated by the Legislature before it is implemented on a statewide basis given the admission of the proponents of the bill that this t ype of program has never been tried before . (e) -Each county shall submit its plan to the department within two years from the effective date of this article, as added during the 1985–86 Regular Session. Notwithstanding subdivision (f) , a county may phase in the application of its program to all qualified recipients over a period of up to two years from the date upon which the program commences to operate in the county. A county may incorporate into its plan any existing employment or training program for applicants for or recipien~s of, aid under this chapter which is operating in the county to the extent that the program is consistent with this article. (f) This program shall be fully operational on a statewide basis within three years after the effective date of this article, as added during the 1985–86 Regular Session, by which time the department shall approve all county plans. -8- SUMMARY OF SECTION 11320.2 {g) This section requires the counties to gather information and monitor their own operations making sure the law is being implemented by the counties. This section also requires that the Department make annual reports to the Legislature based upon the monitoring of the county workfare operators themselves. ANALYSIS OF THE SECTION It is clear that this section has very little substance. It has the fox guarding the chickens. The fox can easily manipulate the figures as most bureaucrats do and make the program look good, when it is clearly not a good program. There is no requirement for a continuous independent monitering of the program. In addition there is a failure to provide opportunities for recipients and their representatives to monitor the program. There are no opportunities for recipients and their representatives to obtain corrections of program operations when they discover that the program is not being operated in accordance with the law nor the intent of the law. There is no specific process whereby recipients or recipient organizations can file com- plaints. and obtain decisions from the Department regarding operational problems they may discover. RECIPIENTS IMPACT STATEMENT The lack of enforcement or monitoring of the program will result in recipients being requi- red to participate in the program even while it is operating contrary to the law and contrary to intent of the law or face loss of welfare benefits for up to six months C.C. W.R.O. POSffiON Oppose. RECOMMENDATIONS The program should be monitored continously by an independent agency. The bill should contain language describing what shall be monitored to make certain that the monitoring is not done in such a fashion as would result in a positive report, even when this may not be the case. There should also be a process whereby the counties would face severe sanctions, similar to the sanctions faced by recipients for failure to operate the program in accordance with the law and the intent of the law authorizing the program. Finally there should be a process whereby recipients or their representatives would be allowed to file a compaint and obtain findings of facts and action similar to the process available in the state legislation authorizing the JTP A program. (g) \u00b7 The department shall obtain from the counties, individuals placed in employment, and the and shall compile, data on program cost, the number of appropriateness of sanctions utilized against program program registrants, and the number of individuals participants. The program review required by this placed in program components. In addition, the subdivision may be conducted through the utilization of department shall, or shall require the counties to, a statistically valid random sample of participant cases. monitor all aspects of the program to determine its The department, or the counties if the department effectiveness. The program review required by this requires the counties to perform the program review subdivision shall include, but need not be limited to, the required under this subdivision, may contract for appropriateness of the categorization of participants, the monitoring services. appropriateness of assessments and employment plans, Utilizing the data compiled pursuant to this the appropriatE!ness of community work experience subdivision, the department shall, commencing one year assignments, including a periodic review of the after the effective date of this article, as added during the appropriateness of these assignments, the effectiveness of 1985-86 Regular Session, annually report to the training components based upon the number of Legislature and_ the Governor on th\u00b7e effectiveness of the -9- SUMMARY OF SECTION 11320.3 (a) and {b) This section provides that the county plan shall specify how the various services will be delivered to recipients. It also allows the county plan consistent with local conditions and labor markets to permit different types of program component choices to be made available to each target group. ANALYSIS OF THE SECTION This section contains tricky language which can only have been included for the purpose of misleading the ininitiated. An attempt is made to create the illusion that recipients will have available to them a range of options and a variety of supportive services. In reality these options and services will only be made available to a select few, with the selection made by the county welfare department. Obviously, this opens the door to a wide range of abuses. Not all of the various choices will be available to all participants in the county. This section allows the county to categorize participants into \”target groups\” and specify what option(s) will be available to each target group. Most recipients would be placed in the target group that \”needs\” job-search-workfare. This section effectively limits the choices available to recipients participating in the program. RECIPffiNT IMPACT STATEMENT This section, consistent with the entire bill, would limit program components available to recipients to jo_b- search\/workfare. C.C. W.R.O. POSIDON Oppose. RECOMMENDATIONS This section should be amended to mandate that the full range of services be made available to all recipients. 11320.3. (a) Each plan submitted pursuant to Section 11320.2 shall contain a methodology for the provision of job services, training and education, and supportive services to program participants. This methodology must specify how county welfare departments will -cooperate with, and maximize the use of, existing education, child care, job service, and other appropriate local service pro’>-iders. To the extent existing programs are available to county residents, each plan submitted pursuant to Section 11320.2 shall specify the manner in which these programs shall be utilized to provide services specified in this section. The county may provide services directly to program participants or enter into interagency agreements or contracts with private or public agencies for the provision of these services. (b) Each county shall specify in its plan its target groups and the choices that shall be made available to each target group, pursuant to Section 11320.4. Consistent with local conditions and labor markets, the county shall permit different types of program component choices to be made available to each target group. -10- SUMMARY OF SECTION 11320.3 (c) This section outlines the main event on the job search\/workfare menu- job search. There are job clubs, which shall include job search workshops and supervised job search, and unsupervised job search. ANALYSIS OF THE SECTION Mandatory job search and job clubs are used to force recipients to find jobs the big brother govermnent’s way. There is no e vidence that job-search programs result in recipients getting more jobs that they would not have otherwise obtained without \”big brother\” government breathing down their necks. There is ample evidence that job search does create a lot of jobs in state and local government. RECIPIENT IMPACT STATEMENT Job clubs assume that recipients have no idea of how to look for work. One of the most degrading events in the job club is when the well dressed job club employees tell AFDC recipients how they should dress when they apply for a job. They know good and well that recipients do not have the funds to purchase good clothing for job search. C.C. W.R.O POSITION Opposed. RECOMMENDATIONS The bill should be amended to require that the county make a definitive finding that the recipient has marketable skills; that there are available jobs in the community and that the jobs pay enough to meet the actual expenses of the family prior to being assigned to the job search component. A written copy of this county assessment \u00b7 must be provided to the recipient. The recipient must have the right to file for a fair hearing if they disagree with the finding of the county. (c) As provided in the contract entered into pursuant to Section 11320.5, job services shall include, but not be limited to, all of the following: (1) Job club, which shall consist of both of the following: (A) Job search workshops. These job search workshops shall be group training sessions where participants learn various job finding skills, including training in basic job seeking skills, job development skills, job interviewing skills, understanding employer requirements and expectations, and how to enhance self-image and conndence. (B) Supervisedjob search, which shall include, but not be limited to, phone banks or other organized methods of seeking work which are overseen, reviewed and criticized by a trained employment professionai. The amoun~ a~d type of activity required during this supervised JOb search period ~hall be determined by the county and the participant, based on the participant ‘s employment history and need for supportive services, and shall be consistent with regulations developed by the department. (2) Unsupervised job search. The individual shall seek work in his or her own way, and make periodic progress reports to the county welfare department or the agency contracting with that department. (3) Job placement, which shall include, but not be limited to, referrals to jobs listed by employers with the State Job Service. (4) Job development, which shall be active assistance in seeking employment provided to a participant by a trained employment professional on a one-to-one basis. (5) Employment counseling, which shall be counseling aimed at helping a person reach an informed decision on an approp~ate employment goal. -11- SUMMARY OF SECTION 113Z0.3 (d) This section lists the various types of programs that will be available after the recipient completes his\/her job-search component. They \”include, but are not limited to\”; job trai- ning, workfare for three months, workfare for one year, adult basic education, college and community college education that can reasonably be expected to lead to employment within two years, want diversion and supported work. ANALYSIS OF THE SECTION Although this section states that all of these services shall be made available to recipients, it is inconsistent with the section which allows the county plan to decide which services shall be included in the county plan based upon \”cost effectiveness\”. The decision as to which service the recipient can choose is not up to the recipient. In the final analysis it is up to the county. The education component is based on the criteria that such education shall reasonably lead to full-time unsubsidized employment. Given the policy of the Deukmejian administra- tion that the only thing that leads to full-time unsubsidized employment is job-search\/ work- fare, it is very unlikely that recipients will be allowed to have access to educational oppor- tunities. We are enchanted with this new terminology \”pre-employment preparation\”. Can we assume that the county will guarantee a job at the end of this so-called pre-employment preparation period? What this section contains in the final analysis, without the fancy words trying to mislead people into thinking that this is something else, is pure and simple \”mandatory and puntive workfare\”. RECIPIENT IMPACT STATEMENT The program assumes that welfare recipients have never worked a day in their life. It appears that the proponents of this legislation do not consider raising children a \”job\”, rather it is something that \”women do naturally\”. The one year pre-employment preparation is a plain insult to women with children. It is the most negative statement we have witnessed in any workfare legislation starting with workfare legislation proposed by Ronald Reagan and many of the ultra-conservative Republicans of California. The three-month workfare is worse than insulting, when one considers the fact that this is manda tory and the recipi ent has no choice, although the bill makes the initial claims in the intent section that recipients have a choice. It is clear that recipients have no choice and the choices are made for them in the bill-job-search\/workfare for 15 months. The \”preemployment preperation program\” which is most commonly known as workfare, is very different from a job. The difference between a job and a workfare slot is: AJOB A WORKFARE SLOT wages a welfare check -12- social security coverage no social security coverage UI coverage no UI coverage sick time no sick time, unless verified vacation no vacation opportunity to join the union barred from union memerbship workmen’s compensation no workmen’s compensation other employee benefits no employee benefits advancement opportunities no advancement opportunities It is clear that workfare does not benefit recipients. It creates a free workforce for state and local government and nonprofit organizations, such as hospitals, nursing homes, commu- nity action agencies and other organizations who will use women with children as a cheap labor force without any benefits to the women. When you consider this section with section governing the county plan, it is evident that the only program component that will really be available is workfare. C.C. W.R.O. POSmON Oppose. RECOMMENDATIONS This section shall be amended to provide that notwithstanding the provisions of the county plan, recipients shall have a \”free choice\” as to which one of these components they want to participate in. The education component should be amended to allow recipients to choose education as a vehicle to independence and to allow the recipient to make a judgement that such educa- tion would lead to employment, rather than deferring to \”big brother government\” to make that decision for the \”helpless welfare recipient\”. In addition, San Diego. (SB 15). workfare should be limited to 13 weeks, similar to the workfare program in It must be voluntary, similar to the legislation carried by John Garamendi (d) As provided in the contract entered into punuant to Section 11320.:5, training and education services include, but are not limited to, all of the following: (1) Job trairung, which shall include, but is not li.m.ited to, training in employer-specific job slcills in a classroom or onsite setting, including training provided by local private industry council programs and community colleges. \u00b7 (2) Preemployment preparation shall be worlc for a public or nonprofit agency that provides the participant with either of the following: (A) Basic preemployment preparation, which shall provide work behavior slcills and a reference for future unsubsidized employment. (B) Advanced preemployment preparation, which shall provide on\u00b7the-job enhancement of existing participant skills. A short-term preemployment preparation assignment shall be for approximately three months. A long\u00b7tenn preemployment preparation assignment shall not exceed one year. The number of hours a person participates in a preemployment preparation program shall be determined by adding his or her aid grant under this chapter and his or her food stamp allotment and dividing by the average hourly wage for all job orders placed by the Employment Development Department. The average hourly wage shall be updated annually every July 1. (3) Adult ba.sic education, which shall be preemployment ba.sic education, including reading, writing, and arithmetic necessary for employment or job training, including high school proficiency. (-4) College and community college education, when that edcuation provides sufficient employment skills training that can reasonably be expected to lead to employment. (S) Vocational English\u00b7as\u00b7a\u00b7Second-Language which shall. be intensive irutruction in English for non-Englis.h speaJting participants, coordinated with specific job trauting. (6) Grant diversion which shall be public or private sector employment, at comparable wage rates, in which the recipient’s cash grant is diverted to the employer as a wage subsidy. Prior to implementation of any grant diversion program Wider this paragraph or paragraph (7) a coWity shall submit to the department a plan for the grant diversion program, and approval of the plan must be obtained from the department. (7) Transitional employment or supported worlc which shall be a form of grant diversion in which an intermediary service provider, rather than the employer, receives the participant’s welfare grant as reimbursement for providing support services to the participant, who is assigned, with the assistance of the intermediary service provider, to subsidized or unsubsidized employment at comparable wage rates for the job being performed. -13- SUMMARY OF SECTION 113Z0.3(e) This section outlines the various supportive services that are available. It provides that child care services shall be available to recipient who needs such services, transportation, ancillary expenses pursuant to regulations promulgated by the department. It also provides that such payments may be advanced \”whenever necessary\”. ANALYSIS OF THE SECTION This section does not specify that actual expenses will be paid. What it does do is claim that expenses will be paid-but-it is left to the county to determine the actual amounts. It is not very likely that the regulations will allow for the payment of actual expenses. It is likely that DSS will promulgate a regulation which will provide for the payment of a set amount of expenses, even if the recipients’ actual expenses exceed that amount. Although the sta t ute provides for chid care services, such assistance is based upon the county’s determination that the participant \”needs\” child care. Given the experience in San Diego County, we can assume that most people will be found not to be in need of child care services. We arrive at this conclusion because the bill clearly states that no child over the age of 12 years old will receive child care assistance, but it fails to state who will receive child care, when the child is under the age of 12. We also question whether in every case, children over the age of 12 years do not need child care assistance. 14 years would be a more reasonable benchmark(high school age). There is also some language about advance payments of expenses. The main problem with this section is that the statute allows advance payments to be issued only if the county \”determines\” that it is necessary. This section fails to mandate the county to verify that the recipient is not using their AFDC funds to participate in the program and to verify that the recipients have safe and adequate child care services. RECIPIENTS IMPACT STATEMENT This provision would result in AFDC recipients participating in this program without recei- ving child care services, transportational services or other services. It is likely that the department will impose a ceiling amount of supportive services for recipients, such as $25.00 a month,leaving the recipient to decide which expenses to pay out of the $25.00 and which to pay out of his\/her AFDC grant. Many recipients \u00b7in San Diego County are using their limited AFDC funds to participate in the program and are not receiving adequate and safe child care services. The county has determined that they do not \”need\” such services.CCWRO can cite many examples of such determinations having been made when the recipient did in fact have a need for the service in question. Because child care assistance will be based upon the county’s determination of whether or not the family needs child care, we estimate over 300,000 latchkey children will be created as a result of this program. -14- Because the county will decide whether or not an advance payment is necessary, we esti- mate that many recipients will be spending their childrens ‘ food money to pay for the costs of participation in this program. C.C. W.R.O. POSmON Oppose. RECOMMENDATIONS The bill be amended to specify that recipients shall be entitled to actual expenses incurred in their participation of the program. It shall also provide that the county will verify every month that the recipient is not using his or her own AFDC funds to participate in the program and is receiving safe and adequate child care services. All recipients who enter the program shall have child care available based on the following criteria: 11 It shall be assumed that all participants will find full-time unsubsi- dized employment. Child care services shall be available based on the assumption that they will find full-time employment and will need readily available child care inorder to accept such employ- ment. No person shall be allowed to participate in the program for whom the county deos not have child care services based on this assumption. 11 One of the problems we found in San Diego County is that workfare participants were not able to accept employment due to the lack of child care while they were doing their job search and then were placed in workfare for failure to find employment. All expenses shall be paid in advance, unless the participant waives their right to an advance payment in writing. Because we know that most AFDC recipients receive very little money from the AFDC program, it is assumed that most recipients will need advance payments to participate in this program. (e) As provided in the contract pursuant to Section 11320.5, supportive services shall include, but are not limited to, all of the following: (1) Child care. Paid child care shall be available to every participant with a child under 12 years of age who needs it in order to participate in the program component to which he or she is assigned. (2) Transportation costs shall be paid for every participant to and from his or her job or training assignment. (3) Ancillary expenses, which shall include the cost of books, tools, clothing, fees, and other necess:,ry costs of a work or training assignment. (4) Personal counseling. A participar who has personal or family problems that woulc affect the outcome of the employment plan entered ir, 😮 mrsuant to Section 11320.5 shall, to the extent availaf)le. receive necessary counseling or therapy to help him or her and his or her family adjust to his or her job or training assignment. -15- SUMMARY OF SECTION 113Z0.3 (f) This section provides that whenever necessary and desired by the recipient, costs related to supportive services shall be advanced to participants. It also provides that if the recipient finds a job, then the department will provide child care for a transitional period as specified by regulations developed by the department. It also states that medical assistance will be available consistant with federal regulations. ANALYSIS OF THE SECTION 1. We do not anticipate many persons receiving \”advance payments\”. The issuance of such payments are based upon the determination of the county that such advance payments are \”necessary\”. The statute lacks any objective guidelines for determining \”need\” of such advance payments. 2. Transitional child care services are to be provided pursuant to regulations promulgated by the department. The statute fails to specify the period that such child care services will cover. No objective criteria is provided to determine who will receive such transitional child care assistance. Under this statute, child care assistance until receipt of the first paycheck. would be sufficient. 3. Medical coverage will be provided \”consistent with federal regulations\” which means that from federal regulations which allow a 9 month coverage or a 15 month coverage, the state can choose the shorter option. Moreover it should be pointed out that in order to be eligible for this federal medical coverage, there are numerous complicated require- ments with limitations as to how much income a recipient can earn. RECIPIENT IMPACT STATEMENT The statute does not make the advance payments an entitlement, the determinaiton whether a need exists is up to the county. We do not believe that many recipients will receive advance payment. Most recipients will be forced to use their AFDC funds to pay for the costs associated with this program to avoid the punitive up to six month sanctions We have found many families participating in job-search and workfare programs using money needed for their children’s food to meet the expenses related to participation in the job-s~arch\/workfare programs. Most recipients will receive little or no assistance from the Department insofar as child care assistance is concerned. Medical coverage will be limited to the most convervative option available to the state. C.C. W.R.O. POSmON Oppose. RECOMMENDATIONS The statute should be amended to mandate that all recipients receive advance payments for any or all expenses they determine that is needed for participation in the program. Participants could be required to provide copies of receipts to verify expenditures. There should be a presumption that participants need advance payments given the low AFDC grants they receive. The statute should be more specific as to the period of time participants who are able to obtian employment are entitled to child care assistance. We assume a one yeara period is what the author was talking about. If this is the case, then it should be reflected in the statute and not deferred to regulations. Medical coverage should be provided to the maximum amount allowed by federal law and regulations, rather than \”consistent with federal law\”. Moreover, persons who are not eligible for federal medical assistance should receive state medical assistance with a Medi-Cal card. (f) Payments for supportive services, as described in subdivision (e), shall be advanced to the participant, wherever necessary, and when desired by the participant, so that the participant need not use his or her funds to pay for these services. If the participant is working in unsubsidized employment after having participated in this program, child care shall be provided for a transition period, to be specified in regulations adopted by the department: If the participant is working in unsubsidized employment after having participated in this program, coverage under the Medi-Cal program shall also be provided for a transition period consistent with federal requirements. The cost of support services, including reimbursement to licensed day care providers, shall be governed by regional market rates. Participant plans shall, where appropriate, include referrals to local resource and referral agencies, as early as possible. The department shall develop regulations to implement a sliding scale fee system for participants receiving supportive services and who are earning a wage. Each county welfare department shall be encouraged to contract with existing service providers for support service arrangements. Day care by family members shall be encouraged, but the choice between child care by a family member or by a legal day care provider shall be made by the recipient. (g) The Health and Welfare Agency, the Chancellor’s office of the California Community Colleges, and the Department of Education shall develop and implement regulations whereby any payment for services delivered pursuant to subdivision (d) by a county or an entity contracting with a county shall be made in accordance with a performance contract. Under these contracts, no payment shall be considered earned until the recipient has successfully completed the education program, or in the case of job training, the participant has been retained in unsubsidized employment for at least 90 days. (h) Whenever a plan entered into pursuant to Section 11320.5 provides for the use of education services provided for in subdivision (d), utilization of each education program component shall not exceed two academic years. -17- SUMMARY OF SECTION 11320.35 This section contains the displacement language in an effort to assure that workfare will not result in the displacement of regular working people. ANALYSIS OF THE SECTION It has been shown that no matter bow one tries, workfare will always displace existing or future workers. The whole purpose of workfare is to get a job done without paying for it. It is tmreasonable to assume that wortkfare will not displace past, current or future workers. It will also mean that governmental and nonprofit organizations will consider the availabi- lity of workfare services before they decide to create a new position for a job full time permanent employee. RECIPIENT IMPACT STATEMENT Displacement language will not prevent former workers from ending up in a workfare program doing what they use to do without pay or from ending up in a workfare job doing what they would have been paid to do had there been no workfare program. C.C. W.R.O. POSmON Oppose. RECOMMENDATION There is no language which can resolve the displacement problem. No matter how tight language is drafted, bureaucrats will find a way around the language. 11320.35. An employment or training program position utilized pursuant to this article may not be creat~ as the result of, or may not result in, any of the followmg: (a) Displacement of current employees, including overtime currently worked by these employees. (b) The filling of established tm.filled positions, unless the positions have been designated to remain unfilled in a public agency budget in order to obtain salary savings. (c) The filling of positions which would otherwise be promotional opportunities for current employees. (d) The filling of a position, other than an entry-level position, prior to compliance with applicable personnel procedures or provisions of collective bargaining agreements. (e) The filling of a position created by termination, layoff, or reduction in workforce. (f) The filling of a work assignment customarily pe~formed by a worker within a recognized collective bargaining unit in that specific worksite. (g) A strike, lockout, or other bona fide labor dispute, or violation of any existing collective bargaining agreement between employees and employers. -18- SUMMARY OF SECTION 11320.4 This section provides that each county shall provide services which \”best meet his or her needs\”. This determination shall also consider what the county has determined to be a target group and what services shall be provided to those target groups. It also mentions that participants shall have a choice to participate in the various programs set forth in the bill. It also provides that recipients who have been on aid for more than two (Z) years shall receive the more expensive services and the people who have been on aid less than two (Z) years shall receive the cheap services. ANALYSIS OF THE SECTION This section contains a lot of conflicting statements. It first starts off with the statement that services shall be provided to recipients that \”best meet his or her needs\” but fails to state who makes that determination. We must assume that such determination is made by the county. The fact that job-search\/workfare generally will be determined by the counties in most cases to \”best meet everybody’s needs\” leads us to believe that most people will receive job-search\/workfare services. It also provides that services shall be targeted to various groups. Thus the county will decide that most people fit in a target group that would best benefit from workfare and workfare will be the only services that most will receive. Given these two provisions above, we see very fe w people having an opportunity to choose from the various options available. RECIPIENTS IMPACT STATEMENT The program will force AFDC rec ipients into the punitive job-search\/workfare c omponents of the program. C. C. W .R.O. POSmON Oppose. RECOMMENDATION The program should mandate that the recipient has the right to choose the program he\/she wants to participate in. We beUeve that in keeping with American values, basic choices are best left to the individual and not turned over to \”big govemment\”. 11320.4. (a) Each county welfare department shall, in providing services to participants under this article, provide services to each participant which will best meet his or her needs. Services to be provided to each participant shall be specified in the contract entered into between the county welfare department and the participant pursuant to Section 11320.5. In developing each contract, the county shall take into consideration the specific target groups in the county, the availability of resources identified pursuant to Section 11320.6, and the choices which shall be made available to each group as required by this article. (b) Priority in providing expensive services and tervices which must be provided for a lengthy period of time shall be given to-persons who have been recipients of aid und_er this chapter for at least two years. These individuals shall be given priority in receiving services such as supported work, as provided for in paragraph (8) of subdivision (d) of Section 11320.3, and lengthy classroom training. \u00b7 . (c) Program participants who have been recipients of aid wtder this chapter for less than two years shall be provided with less costly services and short-term services, unless a determination is made that these types of services would not be effective in assisting a program participant to achieve the ultimate goal of obtaining WlSUb&idized employment. SUMMARY OF SECTION 113Z0.5 (a) This section requires all persons who are required to register for work under federal law to register for work with the county welfare department. They then have to enter into a contract with the county which shall explain what services are available and spells out the responsibilities of the recipient. Signing of the contract is a condition of eligibility. The statute allows persons to appeal this requirement, but it is not clear whether or not the family’s application will be processed pending this appeal. The statute also outlines the various available exemptions from the program which are consistent with existing state regulations. ANALYSIS OF THE SECTION This section requires grandparents, and other relatives who are not the custodial parent of the child and are not legally obligated to support such child to not only register for work, but also to participate in the workfare program. In effect, a grandparent or another relative is to be punished for taking responsibility for providing a home for a child who otherwise would wind up in a foster care home with a stranger. The alleged contract is really a document similar to the one that most AFDC recipients are required to sign today when they apply for AFDC, which outlines the recipients’s rights and responsibilities. There is no bargaining or contract negotiations. There is no provision which allows the recipient to take the contract home, contact their local legal aid or welfare rights organization, offer a contr act of their own. Moreover, if the clients do not sign the contract, they receive no aid. Given the fact that the available services are predetermined by the counties and all deci- sions as to what the client needs is determined by the county, all the recipient has to do is sign the contract or face total destitution. The various exemptions in the statute are also determined by the county and not the recipi- ents. Thus, the availabil_ity of any of the exemptions is based on the county and not the condition of the participant. Counties never believe that any person has a problem. Some people have become totally disabled because the county forced them to participate in a workfare program when they were not medically able to do so. RECIPIENT IMPACT STATEMENT This section would force noncustodial parents who are not legally obligated to support the AFDC child to participate in this job-search\/workfare program, which probably in some cases, will lead that person to send the child to a foster care home, rather than face the demeaning workfare program. The alleged contract is a document which clients will have to sign under the threat of losing their AFDC benefits. They really have no options and nothing to bargain for. The various exemptions provided for in the law are dependent upon the good graces of the county. We doubt very much that many people will be able to qualify for these exemp- tion. – 20- C.C. W.R.O. POSffiON Oppose. RECOMMENDATIONS The bill should be amended to limit participation to only those custodial parents who are legally required to support the children on whose behalf they are receiving AFDC benefits. The contract shall have the maximum number of options available and the program shall have the maximum amount of options available thus allowing the client t he power to negoti- ate with the assistance a friend, legal aid or welfare rights organization They shall never be forced to sign the contract on the same day. They should be allowed to take the proposed contract home, study it, think about it, contact legal aid, welfare rights and other community advocates to make sure that they completely agree with what they are getting into. Aid shall never be delayed pending the signing of the contract. All recipients shall be deemed to be right when they say that they want to do something or claim an exemption. It should be up to the county to prove that the recipient is not being truthful with the county. lllOO.~. lal At the time an Individual applie< for aid under thiJ chapter, or at the time a reripienfs eligibility for aid is redetermined. the county shall determine whether the Individual is reqUired to register for the program pro,'ided under tlus article. At the time this determination U made, any U1cUvtdual v.. h.o 1S deemed to be required to register under this article shall unmedllltely reguter with the county welfare department. With respect to any person required to reguler under this arbcle. registration and the ngning of an initial contract, pursuant to subdivision (b) , shall be a condiboo of elig~bility for 11d under this chapter, exc:.opt that any delay in regirtratioo due to circurrutances beyond the control of the individual shall not adversely a.ffect his or her eligibility for ald under this chapter The recipient may, however, appeal a det~bon ~the or she i.s reqwred to reguter under thu art1cle or ngn a basic contract pursuant to subch,won (b ). through the procedures set forth Ill Chapter 7 (conunenc!ng witb Se<;bon 10900) of Part 2. Persons not reqUired to reguter may voiW\ eer to participate. . Uoleu otherwise exempt, all of the followmg penons shall not be reqwred to parbC1pate In program components, beyond regutrabon, until the county welfare department determines that the situabon not reqlllTU\\g partiC1pabon no longer exssts: ( 1) A caretaker rel.abve who is enrolled \"' school for at least 12 units o( credlt and ha> a duld under age \”\”\u00b7 (2) A person wbo is so senowly dependent upon alcohol or drug> that work or tra.ilung is precluded. (l) A person who is having an emobonal or mental problem that precludes parbc1pation. . 1 ~ ) A person who is invoh \u00b7ed 1.0 legal difficulties. such as court-rnamtllDed appearances, wluch preclude parbcipation. (S) A person who does not have the legal right to work In the United St.ates. (6) A person wbo ha> a severe family crisis. (7) A person who\” in good standing in a union which controls referrals and hinng Ill the occupatlon. (8) A person who is temporanly laid off from a job with a defuute caii\u00b7Wk date. (9) A person who is employed for IS to lO hours per week. ( 10) A person, or a fanuly member, has a medically-venfied illness. (b ) At the time an incllvidu.al reguten pursU2lll to llns arbcle, a.ncludJ.ng penoru who volunteer to parric1p.ate, or with respec t to any mdiVldual descnbed in paragraphs (I ) to (10) of subchVUion (a ) at the bme the Sltuabon lit which pennits nonparticipation no longer e.riru, every !ndividu.al shall enter into a written basic contract with tbe county welfare department which shall con tam all o( the followusg : (I) The contract shall cont.ain at leut all o( the following general wormation: (A) A general descnption of the program proYlded for 1.0 this arbde. (8) A descnpbon of the .services available to program participants. (C) A description of the duties and responsibilities of program partic1panu, mduding a hst o( the exemptions from reqwred parbclpation under this article and the consequences of 1 refusal to partinpate Ul program components. (2) In the case of any participant who has not been employed W>tlun two years from tbe date of registration, exc:.opt for a participant descnbed in paragraph (~) , the contract shall provide tbat the participant shall participate IJ\\ JOb club for a period of three weeb, a.s defined 1.0 paragraph (I ) of subdivision (c) of Section I llOO.J. Participation pumant to this paragraph may be delayed In attordance \””h paragraph (Sl or (6) . (l) In the case of anv parbcipant who has been employed within two ye. ,. of the d te of regutration, exc:.opt for a patbc1pant descnbed In paragraph 1 ~I. the participant shall have the optlon to parbe1pate in a three-week period of job club, u defined in paragraph (I) of subdivi.Doo (c) of Secbon IIJOO.l, or In a three-week period of supervised JOb search, as defined in subparagraph I B) of paragraph (1)’ of subdivision (c) of Secbon I IJ20,J . AI the discretion of the employment and tralrung counselor and with the approval of the first or second lme supervuor, the job search penod may be shortened when 1t is detemuned that all reasonable Job search efforts have been exhausted. The partlC1pant sl\\all choose one of the opbons upon Slgrung the contract. Pamc1pabon pursuant to this paragraph may be delayed in accordanc:.o Wlth paragraphs (5) or (6) . I ~ ) :-on.,thstanding paragraphs 12) and (l) , in the case of any parn01pant who has been a reripienl of aid under thu chapter more than twl~ \\\\.i tlun three yean from tht datt or regutn.hon. the contTact s.haJl proV1de for unmedual shall parhclpate in tlus program 10 accorV>du.al, to which this paragraph applies, ~ to participate in the uutruction pro,ided for in tlus paragraph, the individual shall parti01pate in this program in accor of the parbcipa.nt, wtuch shall include at least all of the followmg\u00b7 lA I The partiC1pant’s work Ius tory I B I The partic1pant’1 educational history. !C ) The parbc1pant’s need for rupporbve services in order to obwn the greatest benefi t from tbe emplo~ment and trauung service1 offered under tlw lrtlcle . This assessement shall be done by a quahfied part} with career plaruung expenence (2 ) The county and the par1>01pant shall develop an employment plan for the participant, wluch shall Ulclude at leiSI all of the folloWUlg: (A l The employment goals of the participant, and ao evaluabon of the chances for the achievement of theoe goals given the current s.lcilli of the part>t’lpaol and tbe local labor market condJbons (B) A goal to be att110ed upon completion of tbe program, includmg the penod of time it will take to aclue\\ e this goal. and the resources ava.l.\\b)e under this program _forth~ attainment of that goal. -Zl- SUMMARY OF SECTION 113ZO.S(d) Once the participant signs the amended contract agreeing to participated in the program for which he or she was targeted for, he or she will start the second phase of the program. The statute provides that the participant may change his or her mind within 30 days follo- wing the date they sign the contract insofar as to which program he or she wants to partici- pate in. \u00b7 This section provides that once the participant agree s to the amended contract and comp- letes the component to which they agreed to, they will then have to go through another 90 day job search period. If after that 90 day job- search period they fail to find a job , then they will be assigned to a one (1) year workfare program. ANALYSIS OF THE SECTION There are no choices in this section. It is all mandatory. There is no requirement that a determination be made that there are available jobs in the community. The one year workfare assignement is clearly an attempt to develop a cheap workforce for local and state goverments, and nonprofit organizations, such as hospitals, nursing homes, etc. Although the participant is allowed to switch programs within 30 days following the date they sign the amended contract, it is also clear that such change can only be done if the county determines that they are a member of another target group, or if the other service is available to his or her target group, then the other service has to have available vacancies so the participant can participate therein. RECIPIENT IMP ACT STATEMENT We have already addressed the problems with job-search\/ workfare. What AFDC recipients want are jobs jobs jobs. We want to go to work , get a paycheck and be able to say that we are not on welfare. This bill forces us to work and still be on welfare. C. C. W .R.O. POSffiON Oppose. RECOMMENDATIONS The same recommendation made for Section 11320.3(d). (d ) When tbe required punuant to JUbdivision (c), and they have qreed upon a sooJ to be attained under this prosram and the raoun:es to be utilized in attainina that ..,.!, the county and tbe participant sbalJ amend the basic contract ente.ed into pursuant to subdivision (b). The COQI:fat:t amendment Jball Jpecify the aoal to be attained, the training or education oervices to be provided to the participant in order to attain the goal , which JDAy consist of either one ar more of the program components provided for in oubdivisioo (c ) and (d ) of Section 11~.3. and the criteria for IIUCCf:UfuJ completion of thete oervices and ottainment of the aoool. \”The contract amendment sbalJ provide for aJpportive len’ices u DeCeaUY for participation in this prosram. ODce the participant bas bqun bU or her trainin& or education, be or sbe Jball have 30 days in which to request a chn.qe or ~t to another component. nw sr-ce period sbalJ be ces to whlcb he or abe is ucgned, but who remains une mployed, shall be referred to job search serV>oes for a period of 90 days. Theoe job ..,arch services may, depending upon the needs of the parti r:1pant., include any of the sei’VIces provided for in subdivuton Ct ) of S\u00abtion 11~.3. lf the participant remains unemployed at the end of this 90-day job ~h period, he or she Jball be evaluated and rea.signed to an advanced loog\u00b7 terrn pre-employment preparation ~ent, as defined in parqraph (2) of subdivision (d ) of S\u00abtion 11~.3 . If a participant does not meet the establWled cnterta for success{ul completion of the training or education aervices to which he or she i< assigned, the participant ,tball be reassigned to a basic long-term preemployment ~paration assignment, as defined in parll8Japh C2) o( aJbdivision (d l o( Section 11~.3. A partiopant's assignme nt shall be reviewed no leu frequently than every six months. Whenever a participant is assigned to a program component, the COiltrat:l shall be amended to reflect the uoignment The oounty and the reopient shall be bound by the terms of any amendment$ JDAde to the contract. The participant sball main tam responsible \"\"d adequate prosress toward the goool ol employment throuch the methods Jet forth ill the plan, and the COUDty shall provide the JrfVIces lpecified in the plan. -zz- SUMMARY OF SECTION 113Z0.5(e) This section provides that when there is a disagreement between the participant and the county, then the disagreement shall be resolved by a final decision of a career specialist paid by the workfare program. ANALYSIS OF THE SECTION This section provides that when the recipient and the county disagree on the content of the employability plan, then the recipient may take the issue to a person who is a career specialist paid by the county to make a decision as to who is right and who is wrong. Gene- rally this person will rule in favor of the party that pays his or her salary or else he or she won't have a job very long. RECIPIENT IMPACT STATEMENT Under . this section the career specialist paid by the county will generally rule against the participant and in favor of the county given the fact that he or she is paid by the county. C. C. W .R.O. POSffiON Oppose. RECOMMENDATIONS In lieu of hiring a county paid career specialist, we would suggest the following: When the county disagrees with the participants proposed contract or amendments to the contract, the county shall outline their position in a notice of action and the participant shall have a right to file for a state fair hearing. (e) If the participant and the worker are unable to reach agreement on. amending a contract pursuant to subdivision (d), the matter shall be ref~rred by the co~ty for ~ independent assessment by an impartial third party With career planning experience. The results of this assessment, which shall be binding upon the county and the participant, shall be used to develop the appropriate employment plan for the participant. (f) Any participant who fails to participate in the program developed by the assessment pursuant to subdivision (e) shall receive sanctions in accordance with Section 11320.6. (g) Any participant who has entered into an amended contract plan pursuant to subdivision (d) and who, at any time, refuses to participate in a component to which he or she has agreed to participate without good cause, shall be subject \u00b7to sanctions in accordance with Section 11320.6. -23- SUMMARY OF SECTION 11320.6 This section outlines the penalty provisions for persons who refuse to cooperate or partici- pate in the program. The process is that a person who is determined to have failed to cooperate or participate will go through the following process: 1. An informal conciliation process pursuant to regulations promulgated by the department; 2. A conciliation process as specified in Unemployment Insurance Code Section 5302; 3. If the conciliation efforts are not successful, the family will be placed on money manage- ment for a 3 month period. If prior to the end of the three months the participant and the county agree that the participant will participate, then money management will stop, whenever administratively possible; 4. If there is subsequent refusal to cooperate or participate, then the family will be sanc- tioned for a full-six (6) period, even if they decide during those six months that they wish to participate. ANALYSIS OF THE SECTION Although these sanctions are less inhumane that those proposed by the Administration, they will still impose durational ineligibility periods of 6 months against the children because their parents failed to cooperate. RECIPIENT IMPACT STATEMENT Most participants being sanctioned cannot receive assistance to contest many sanctions which are wrongfully imposed upon them. Legal aid offices have lost of lot of funding. There is no entity funded by this bill to provide assistance to participants who want to contest these sanctions. Many sanctions are a result of misunderstanding between the participant and the workfare operators. In addition, many of the sanctions are a result of the workfare operators trying sanction as many recipients as they can to show that the program is cost effective. Thus, if this program is implemented, we see many persons being sanctioned after the first sanction, given the fact that the county has several years to impose these sanctions upon the family. How will these sanctions work? 1. For two-parent families the entire family will be taken off of aid for a period up to six (6) months for each offense; 2. For single parent families, the parent who allegedly failed to cooperate will be deleted from the grant. Given the fact that majority of the families on AFDC are two (2) persons, this sanction will reduce their income from $474 to $288. -24- C.C. W.R.O. POSmON Oppose. RECOMMENDATION We believe it is immoral to punish the children for what their parents do. There is no justifi- cation for such barbaric actions by government. The bill should be amended to abolish durational sanctions and to allow the participant to start receiving his or her benefits as soon as he or she agree to participate. 11320.6. (a) Whenever an individual has refused to participate without good cause in a program component to which he or she is assigned pursuant to subdivision (b), (d), or (e) of Section 11320.5, and the participant continues to refuse to participate after a period of informal conciliation between the county and the participant, sanctions shall be imposed in accordance with subdivision (b) or (c), whichever is applicable. The department shall develop regulations specifying the maxiinum length of time which may be utilized in informal conciliation efforts. These efforts may utilize discussions with the supervisors of employees who make the decisions as to whether a participant has refused to participate in a program component to which he or she is assigned without good cause. (b) Except for persons voluntarily participating in this program, whenever the participant engages in an initial refusal to participate without good cause, in a program component to which he or she has been assigned . pursuant to subdivision (b), (d), or (e) of Section 11320.5, and conciliation efforts pursuant to Section 5302 of the Unemployment Insurance Code have failed, the family shall be placed on money management services for three months, except that if the participant and the county welfare department reach an agreement on program participation during this sanction period, money management services shall be terminated as soon as possible. If the participant continues to refuse to participate after the three month money management services sanction period, the participant engages in a second instance of nonparticipation without good cause, or the participant refuses to participate in violation of an agreE1ment made during the imposition of money management services, financial sanctions shall be imposed made in accordance with Section 11308. To the extent permitted by federal law sanctions imposed upon a participant pursuant to this subdivision may be withdrawn prior to the end of the sanction period. (c) The sanctions provided for in subdivision (b) shall not apply to an individual voluntarily participating in the program. If such an individual engages in conduct which would bring about the imposition of sanctions provided for in subdivision (b), except for his or her status as a voluntary program participant, the individual shall be precluded from participating in the program for a period of six months. -zs- SUMMARY OF SECTION 11320.65 This section provides that whenever the county violates the provisions of the alleged cont- ract, the participant can file a formal grievance. If he or she is not satisfied with the results of the grievance, then he or she may file for a fair hearing. However the recipient cannot stop participating in the program pending the outcome of the grievance or the fair hearing. ANALYSIS OF THE SECTION It seems like there is no real incentive for the county to do what they agreed to do, because the participant is required to continue to participate no matter what. This section also clearly shows the inequity of this program. If the recipient refuses to do what they agreed to do, they are sanctioned for a six (6) month period. If the county refuses to do what they agreed to do, there are no sanctons, rather the burden is on the participant to file for a grievance and a fair hearing. RECIPIENT IMPACT STATEMENT Under this process, if the county agrees to provide child care assistance, but fails to do so, the recipient will be required to continue to participate without child care. This will result in more latchkey children in California. If the county agrees to pay transportation, but fails to do so, the recipient will be forced to use their AFDC funds or face a six month sanction. C.C. W .R.O. POSffiON Oppose. RECOMMENDATION This section must be amended to provide for sanctions against the county which are equi- tably equal to the sanctions imposed against women with children. The section must also be amended to allow the participant to cease participation in the program _until the hearing decision has been issued by the department. 11320.65. Except as specified in this section, whenever a participant believes that any program requirement or assignment in this program is in violation of his or her contract or is inconsis tent with this .uncle, the participant may utilize a formal grievance procedure to be established by the county board of supervisors, and to be specified in the plan developed by each county pursuant to Section 11320.2. If the participant is not satisfied with the outcome of the grievance procedure, he or she may appeal the decision in accordance with the procedures set forth in Chapter 7 (commencing with Section 10950) of Part 2. Participants shall be subject to sanctions pending the outcome of the formal grievance procedure or any subsequent appeal, only if they fail to participate during the period the grievance procedure is being processed. A participant shall not, however, utilize the grievance procedure to appeal the results of an assessment made pursuant to subdivisions (c) or (e) of Section 11320.5. -26- SUMMARY OF SECTION 11320.7 This section outlines the various good cause provisions mostly consistent with federal law. Some of the good causes that should be highlighted are: --Sanctions will not be applied to any person who is absent or tardy up to 10% of the weekly hours required for any component. --Child care is not available during the hou:~s of required participation, including commuting t ime. --The job pays less than 185% of the A?DC grant, less allowable deductions. ANALYSIS OF THE SECTION Most of the provisions vf this section are already in the regulations governing the WIN program. These are some features: 1. The provision which allows the recipient to be absent for 10% of the time of a given week sounds nice, but it really does not cover a day. Thus, very few people will benefit from this provision; 2. The fact that lack of child care as good cause is limited to the time period covering the required participation in the program clarifies that the program has no intentions of providing child care for participants to work. Rather child care may be provided during the hours of working in the workfare program. The provision of 185% of the AFDC grant level IS about the best thing in this bill, but there are not that many jobs paying that amount. REC1PIENT IMPACT STATEMENT Most of these provisions are helpful, but recipients will rarely be aware of them.They will not be able to envoke these good cause provisions, unless they are represented by an advocate. C. C. W .R.O. POSmON Support in part and oppose in part. RECOMMENDATION The child care provision for good cause should be amended to provide that the recipient may refuse to participate if the county fails to provide or assure child care in the event the participant finds employment. The bill should .include S.B. 914 to ensure that participants are able to obtain advocacy services. 11320.7. Good cause for failure or refusal to participate in a prognm component to which a participant u assigned pursuant to subdivisions (b), (d), or (e) of Section 11320.15 shall include all of the following: (a) An assignment, job referral, or job does not meet appropriate work and training criteria due to any of the following: (1) The employment, offer of employment, activity or other training for employment discriminates in terms of age, sex, race, religion, ethnic origin, or physical or mental handicap. (2) The employment or offer of employment, exceeds the daily or weekly hours of work customary to the occupation. (3) Th., employment, offer of employment, activity, or other training for employment requires travel to and from the place of employment, activity, or other training and one's home that exceeds a total of two houn in round trip time, exclusive of the time n~ to tnruport family members to a school or place ~r~yiding care, ar when wal.ldng is the only available mem.s of transportation, the round trip is more than two miles, ezclusive of the mileage necessary to accompany family members to a school or a place providing care. (4) The employment, offer of employment, activity, or other training for employment involves conditions and specific responsibilities that impair the individual's physical or mental health or are not related to the individual's capability to perform the taslc on a regular ~. . (5) The employment. offer of employment, activity, or other training for employment involves conditions that are in violation of applicable health and safety standards. (6) The employment, offer of employment or work activity, does not provide for worker's compensation inlurance. (7) An employment or training program poi!ition utilized pursuant to this article may not be created in violation of Section 11320.~. (8) Tbe employment, offer of employment, activity, or other training is not within the JCOpe of the employment plan as contained in the contract provided for under Section 11320.5. (9) Accepting the employment, offer of employment, or work activity would cause the individual to violate the terms of his or her union membership. (10) Accepting the employment, offer of employment, or work activity would cause an interruption in an education or job training program in progress, excluding community work experience assignments as defined in paragraph (2) of subdi~;sion (d ) of Section 11320.3 , or would prevent the individual from returning to his or her regular job within a reasonable time, unless the job offer pro~;des either of the following: (A) Ernplo)1Jllent and sufficient income to lead to self-support and the job offer is within the scope of the employment plan. . (B) Temporary employment while the individual is waiting for reemployment in his or her regular job. (ll ) The participant is not receiving the supportive services agreed to under the contract entered into pursuant to Section ll320.5. (12) In\u00b7 addition to good cause as specified in this section, no sanction shall be applied to any participant who is absent or tardy for periods up to 10 percent of the weeldy hours required for any component. -27- (13) The employment or offer of employment is at. a wage level that results in a net loss of mcome, m accordance with subdivision (l) . (b) The individual is tempor~y . physically incapacitated or suffers temporary phySlcal ill:\"ess\u00b7 (c) The individual is required to appear m a court proceeding or is incarcerated. . . . (d) The individual is suffering a family CTIS1S or changed individual family circumstance as evidenced, for example by the death of a !pouse. parent, or child or an illness of a spouse, parent, or child which requires the individual's irrunediate attention. (e) Inclement weather or other .ac~ of .nature precludes individual and other persons similarly S1tuated from traveling to an activity. . . (f) There is a breakdown m transportation arrangements with no ready access to alternate transportation. (g) The individual needs . any o.the: necessary social service not specifically mentioned m his or her contract. (h) An individual refuses to accept ~.ajor. m~cal services even if the refusal precludes putiClpation m the program. (i) Legally permissible child care is totally unavailable, or unavailable during the individual's hours of training or employment including commuting time, or arrangements for child care have broken down or have been interrupted. nus exemption shall include the unavailability of suitable special needs child care for identified special needs children, such as handicapped or retarded children or the unavailability of suitable child care for children with other specific needs. (j) An individual is engaged in employment or training that is consistent with the employability objectives of the program, and prior notification and approval from the worker has been received. (k) At the discretion of the county, any other substantial and compelling reason other than those specified in this section. (1 ) Net loss of incom~ w~uld ~.~t to the conditions provided for m this subdiVlSl?n if an offer of employment is accepted. Net loss of mcome shall: be deemed to occur whenever the gross monthly earrungs from a job, less any income disr~gards applicable to persons eligible for aid under this chapter, equal. an amount less than 185 percent of the appr~pna~e minimum basic standard of adequate ~e, as ~ed m Section 11452, adjusted for cost-of-livmg adJustments pursuant to Section 11453. . . For purposes of computing the mcome disreg~ds, the regional market rate for child care, transportation, and other mandatory work-related expenses shall be ~\u00b7 Regional market rates for child care shall be determmed in accordance with the Alternative Pa~ent ~ogr~ as provided for under Article 3 (commenClDg With Section 11221?~ .~f -~pter 2_of Part 6 of the Educati~n Code. \u00b7' ' ,. ,. -as- SUMMARY OF SECTIONS 113Z0.8; 113Z0.9; SECTION Z. These sections authorize the department to obtain federal funds to operate this program and appl)' for whatever federal waivers necessary to implemenmt this bill. It also allows the \u00b7 dpeartment to implement this program through regulations promulgated on emergency basis. ANALYSIS OF THE SECTIONS We find it ironic that the regulations governing the program will need to be promulgated on an emergency basis, when the bill provides that implementation of this program shall be done in phases and it shall be completely operational within three (3) years. We cannot understand why the proponents of this bill wish to obragate the regular regulation process set forth in the law. RECIPIENT IMPACT STATEMENT It appears that the proponents are trying to implement this program with the least amount of public participation. Such lack of public participation has always affected recipients adversely. C.C. W .R.O. POSmON Oppose the emergency regulation provisions. RECOMMENDATIONS Repeal Section 2 of the bill . . SEC. 2: Notwithstanding Chapter 3.5 (commencing With Section 11340) of Part 1 of Division 3 of Title 2 of the ~v:rnment Code, emergency regulations adopted Within 120 days of the enactment of this act in order to implement this act shall not be subject to the review and approval of the Office of Administrative Law. The regulations shall not remain in effect more than 120 days unless the adopting agency complies with all the provisions of Chapter 3.5 as required by subdivision (e) of Section 11346.1 of the Government Code. Thursday, July 25, 1985\/Part I -~~ Revised Workfare Plan Is His Own, Governor Claims By RICHARD C. PAD DOCK, Timu 814ft Wrllm' SACRAMENTO-Gov. George Deukmejian took credit Wednes- day for a bipartisan workfare pro- posal, contending that it is his own plan with a few extras added by Democratic legislators. \"I think the only difference is that there is perhaps a greater array of services that will be provided with more options,\" Deukmejian told reporters after addressing a meeting of the Cali- fornia Welfare Fraud Investigators Assn. in West Sacramento. Assemblyman Art Agnos ( D- San Francisco). a leader in forging the compromise, promptly re- sponded that the new plan is far broader than the one originally proposed by Deukmejian. Agnoa suggested the governor's \"political pronouncements\" could jeopardize chances for legislative approval of the compromise. \u00b7 U~mlq Campalp Notecl \"I think the governor is probably reflecting the upcoming campaign season,\" Agnos said. \"Until the fish is hooked and put into the basket, we shouldn't exaggerate its size or the role we played in landing it.\" Agnos, Health and Welfare Sec- retary David Swoap and legislators from both parties announced agreement last week on a plan called GAIN that would require able-bodied welfare recipients to work, receive vocational training or go to school in exchange for their grants. The delicately crafted compro- mise provides elements sought by both conservatives and liberalJ. Welfare recipients, primarily women with children over the age of 6, would be required to partici- pate in the program but would be able to choose from a variety of work and training options. Completlq Colle1e Some would be allowed to com- plete their college education while on welfare. As many as one third of the eligible recipients could be required to work for their checks in an element of the program com- monly known as workfare. Advocates of the program say it would be the biggest overhaul of the welfare system in 15 years. Deukmejian, who has been push- ing legislation to enact his own workfare proposal called STEP- UP. a simpler program that would include job search, vocation- al training and workfare. Legisla- tors, anticipatinl a bipartilan com- promise plan, have delayed action on the Deukmejian proposal. In his addresa to welfare fta(ld invesU,ators, the Republican\u00b7aev- ernor briefly dlacu11ed hia STEP-UP plan. \"I'm encouraged that we have a bipartisan support for thia prO- gram,\" Deukmejiansaid. \u00b7 Afterwards, 'he told ~11 in a hotel parking lot that he '!U referring to the G.\\IN propam unveiled lut week. \"Fundamentally, lt'a \u00b7 the STEP-UP plan,\" he said. \"They (legislators) have suggested some changes, which we have accepted, but essentially it is the STEP-UP program which we had propoeed.\" The governor's description IQI'- priaed Agnoa who laid, \"The fact.of the matter is that the b~ welfare reform propoulla a brind new product.\" The compromise agreed to . }:ly legialatora and Swoap-who~- The fact of the matter is that the bipartisan welfare reform proposal is a brand new product.' -AaeemblyrMn Art~ sented Deukmejian in the negotia- tions-drew on a variety of earlier proposals including STEP-UP, Ag- noe said. But., he said, it - a1ao contains a number of new feature. such as: Giving welfare recipients aome choice in selectinl work and train- ing programs throUBh a contract system. \u00b7 Providing outside binding arbi- tration to settle disputea between recipients and coUJ?!y welfare de- partments. _ Tailoring job tearch require- ments to recipient.a' job histories. Allowing recipients to com- plete college if they have finiahed the first half of their education. Reducing punishment for vio- lators of program rules. The measure is expected to ea.Sily win approval in the Assembly, but ita fate in the Senate iJ leu clear. Agnos said the governor's state- ments could make it tougher to win support among Democrats, ~\u00ad cially those reluctant to give Deuk- mejian an issue to boost his b~d lor reelection in 1986. 25,500 25,500 IHMfDIAl fDUCA TION fNCliSII AS A HC0\/110 LANGUAC::: HIGit SCHOOL 170,527 :6 19,610 ON AID MOHt TIIAN TWICE IN l YEAnS 123,903 lABOH MARK\u00a3 T CONNECTION MORE THAN 2 YfARS 27,\u00ab;>13 lA BOR MARKET \u00b7 CONNECTION l\u00a3SS THAN l YfAnS —-\u00b7- – – – — . — — – \u00b7- — ARI I TRA Tf OH OUTSIDE DSS COtnrrY PAID PDSON 119,20 1 3-WEEK JOU CLUB 77,889 COUNTY PLAN .. WILL TARGET PARTICIPANTS FOR THE SPECIFIED COiotPONENT 26,989 r- 3- WEEK JOII SEARCH 19,100 SltOHT TfRM WORKFAR &ASIC OR AOVANCEO ON-JOB\u00b7 TRAINING VOCATIONAL TRAINING GRANT DIVERSION SUPPORTED WORK OTHER TRAINING AND fOUCA TION 52,785 40,348 LONG T( RM AnP TD COMPU’T1011 or TD C<*POioGtT DDiiCiiN.ATm IY Till; COUJn'Y A to-OAT JOr6-l&,lRC8 DOTT TBDt A LONG TSRW OfU 'RAM IPOAUAU ASIICII'XIUNT -__ Assigned Directly\u00b7 to One-Year Workfare After \u00b7 Second Unsuccessful9o-Day Job Search Assignement S.n Francisco, CA (S.n Francisco Co.) Chronicle (Cir. D. 630,954) (Cir. Sit. 483,291). JUL ~ : ; :~ S5 Workfare Runs Into Strong Opposition Sacramento Two key legislators said yesterday that they oppose the work-for-welfare proposal worked out by a bipartisan eo- . alltlon of legislators and Deuk\u00b7 mejlan administration offl. eials. . The proposed program, known as workfare, would place nearly 200,000 able-bodied welfare reclpi-' ents who do not have children un- der 6 years old in jobs or training programs. Legislation authorizing the program could be introduced ln. the Legislature by tomorrow, back- ers said at a news conference yes- terday outllning their plan. Assemblyman Tom Bates, D- Oakland, chairman of the Assembly Human Services Committee, said the proposal would create an ad- ministrative nightmare and end up being repealed in a few years. Senator Diane Watson, chair\u00b7 woman or the Senate Health and Human Services Committee, said she wants a plan that provides \"real work at real wages.\" Instead of workfare, the gov- ernment should \"create more jobs,\" Kevin Aslanian of the Coalition of California Welfare Rights Organiza- tions said yesterday. \"Workfare does not give a per- son a paycheck. It gives them a wel- fare check,\" he said. \"What a person wants is a paycheck and not a wel- fare check.\" The workfare proposal, disput- . ed for several years, was negotiated principally by Assemblyman Art Agnos, D-San Francisco, and Health and Welfare Secretary David Swoap. It is known as \"the Agnos Compromise.\" The backers Include Assembly Speaker Wlllie Brown, D-San Fran- cisco, and Senate minority leader Jim Nielsen, R\u00b7Woodland. The proposal would affect up to 200,000 welfare recipients, mostly mothers who are the recipients of the Aid to FIUJllUes with Dependent Cb!l!ken program and whose chll\u00b7 dren are older than six. Under workfare, If the recipi- ents fall to get work after training, they would have to work on public service jobs to pay for their grants. They would receive $5.07 an hour, the average startlng salary in Call\u00b7 fornia. Auocloted Preu By Tborae Gra)' BeeCapttel811nau In a page-by-page analysis called a \"reccpient Impact statement. tbe Coalition of C8llfornla Welfare Rights Orpnlzatlons condemns a bipartisan workfare plan lD- troduced Thursday in the Assembly. \"'t Is clear tbat workfare does not benefit recipients, the coalltlon said. u creates a tree work force for state and localsovernment and non-profit orpnlzatloos, sucb as bospltals, nurstna bomes, community action agencies and otber orpnlzaUons wbo will use women wttb cbll\u00b7 dren as a cbeap labor force without any benefits to the women. The orpnlzaUon. wblcb calls Itself an independent. statewide, arass-roots orpnlzatlon, bas foqbt workfare for yean, counting Assemblyman Art Agnos, D-San Francisco, among Its more powerfUl allies. Now, the coalltion said, A&nos bas been recruited by Secretary of Health and Welfare David Swoap to belp draft a workfare program tbat mistakenly assumes tbat our country bas unlimited jobs. A&nos. a liberal, and conservative Swoap drafted the proposal together. Workfare proponents say many of tbe coalition's points may be inaccurate and bave expressed wtlllng- ness to fine tune the leglslatlon, altboqb there may be enough votes in both the Assembly and tbe Senate to ap- prove the plan's major features. Tbe points the coalition wants considered include: \u00b7 Required public bearings on tbe lndlvldual county workfare plans to be drawn up over the neld tbree years. \u00b7 Performance standards for tbe program. and a way to end workfare If those standards are not met. More protection for refugees, wbo need education rather tb8D an endless searcb for work tbey cannot get. Assurance tbat all tbe countles will offer a true range of opUons for welfare recipients, not just ,ob tearcb-workfare. Actual expenses for cblld care, transportation, books and otber necessltles, not just inadequate allowances. A way to be sure tbat cblld-care services for welfare famlUes are safe. Tbe workfare program assumes tbat welfare reclpl\u00b7 eats bave never worked a day in tbelr Uves, tbe coaiJUon ald. Jt appean tbat the proponents of tbls legislation do not consider raising cblldren a 'job'; rather K Is IOme- tblng tbat 'women dq naturally,' tbe coalftlon saJd. \"'Wbat AFDC (Aid to Families with Dependent Qllldren) recipients want are jobs, jobs, jobs. -we want to so to work, aet a paycbect and be Qte to ay tbat we are not on welfare. -n1s bill forces us to work and still be on welfare. "
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Document CCWRO Ways and Means Testimony 2-11-15- Moving America's Families Forward

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” Testimony of Kevin Aslanian Coalition of California Welfare Rights Organization Moving America’s Families Forward Subcommittee on Human Resources of the House Ways & Means Committee February 11, 2015 Hearing on Moving America’s Families Forward [image: CCWRO Logo] Coalition of California Welfare Rights Organization 1111 Howe Avenue, Suite 150, Sacramento, CA 95825-8551 Tel. 916-736-0616 Cell 916-712-0071 Email: [email protected] Even though this is technically the sixth year of the current ‘recovery,’ far too many Americans are struggling to get ahead in today’s economy. With poverty rates stuck at historically high levels and far too many unable to find work, we need to make sure we’re doing all we can to help people get ahead. But before we try to address these problems, we need to make sure we fully understand them. That’s why we’re holding this hearing\u2014to present a full picture of the challenges facing low-income individuals and families today. This hearing will also lay the groundwork for our efforts to fix the problem, providing us with the information we need to help more people find jobs, escape poverty, and move up the economic ladder. Chairman Boustany. Dear Mr. Chairman, Members of the Committee, I am Kevin Aslanian, representing the Coalition of California Welfare Rights Organizations, Inc. We have been representing impoverished families since the early 70’s. The answers to the questions posed by the committee are simple: 1. Change the tax code to hold corporations responsible for taking badly needed American jobs to foreign lands, including communist counties, which we believe is un-American. 2. Invest in a 21st century educational system. The current educational system is designed for the 19th century. Why is it that families are still struggling in America? I was born in San Francisco, but raised in the Soviet Union. The government constantly reminded us to remember what the so-called great communist leader, Vladimir Ilich Lenin said, Who shall work shall eat . Meaning, if you do not work, you do not eat you starve and die. I had hoped that by moving back to the USA, I had left this communist mentality behind. Sadly, after watching your hearing, I found that this same mentality lives on in the 21st century in the halls of the United States Congress. Mr. Ron Haskins suggests that the reason people are not working is because they are being fed without being forced to work, or, in his words, cajole and if there is no paying job they must perform involuntary servitude to eat. This statement is eerily similar to what Lenin said in the beginning of the 20th century. Then you have Scott Winship, who believes that there is no shortage of jobs in America. Mr. Winship believes that all someone has to do is go to a factory, apply for a job and, like magic, they are working. We wonder if Mr. Winship is aware of the migration of American factories to communist China and elsewhere. Additionally, in the modern world, a day’s work in a factory is generally done by robots, not people. Chairman Boustany, you describe the 1996 welfare deform effort as a rescue mission to save poor families. In many respects, it worked ; we beg to differ, it has not worked. In America, the number of poor families and children has grown because Congress decided in 1996 to punish poor children for being born to a poor family. Sadly, today the Transitional Assistance to Needy Families (TANF) Program uses only 30% of federal TANF money and state matching funds to pay for payments to families . These payments to families is money desperately needed by families to pay rent, utilities and clothing, while a greedy 70% of the money goes to the welfare bureaucracy as intended by the enactors, and reauthorizers of the TANF programs. However, under the former Aid to Families with Dependent Children (AFDC) Program, 70% of the money went to house and clothe the poor, not the welfare bureaucracy as TANF does today. See Table #1 and #2 showing the percentage of the total TANF money being used for payments to families and the amount of money that goes to the welfare bureaucracy. Chairman Clay Shaw, in concert with Ron Haskins should be ashamed of all the money that has been successfully funneled into the coffers of the welfare bureaucracy while children in America suffered immensely and continue to suffer today. This hearing completely failed to address the problem you, Mr. Chairman, identified: to help more people find jobs, escape poverty, and move up the economic ladder. To address this problem, one needs to do basic math and answer the following questions: 1. How many employable people are there in the United States between the ages of 18 to 65? 2. How many available jobs are there in the United States? 3. Are the number of jobs in question #2 comparable to the number of Americans in #1 above? 4. If no, what are the proposals to get enough jobs to cover the number of people in #1 above? None of these questions were answered. Meanwhile, under the protection of this Congress, the rich are getting richer while the middle class and the poor suffer, not because they are lazy and shifty, as insinuated by some of your witnesses, but because America has failed them by not pursuing policies designed to enhance living wage-paying jobs. In response to your statement that: \”The bad news\u2014and on this I think there is bipartisan agreement\u2014is those programs are not working as effectively as we would like, especially given the realities of today’s economy. It has been proven that these programs save lives. There are many more people, mostly children, who are alive today solely due to the humane programs created by President Johnson. To advocate for the abolition of these life-saving programs could only be seen as anti-life. It is too easy for those in power who receive hundreds of thousands of dollars a year, to shoot down a program that keeps American families from homelessness and starvation, and then decide not to give these families with children enough to keep them fed and housed. In conclusion, we urge the committee to focus on creating real jobs that pay a living wage and a 21st century education as the only way to pull families out of poverty, and stop punishing the poor for being poor. Bread & Justice, [image: ] Kevin Aslanian, Executive Director Coalition of California Welfare Rights Organizations, Inc. (CCWRO) TABLE # 2 – TANF EXPENDITURES USED FOR BASIC ASSISTANCE OF IMPOVERISHED FAMILIES WITH BABIES AND MINOR CHILDREN IN DEEP POVERTY State Percentage of State Expenditures for Basic Assistance During 2013 State Percentage of State Expenditures for Basic Assistance During 2013 ARIZONA -6% RHODE ISLAND 26% ILLINOIS 7% VERMONT 26% ARKANSAS 8% WASHINGTON 26% WYOMING 8% WISCONSIN 26% TEXAS 9% MISSOURI 27% GEORGIA 10% ALABAMA 28% NORTH CAROLINA 11% HAWAII 28% INDIANA 13% NEW MEXICO 28% LOUISIANA 13% U.S. TOTAL 30% OKLAHOMA 13% IOWA 31% MICHIGAN 15% OHIO 31% NORTH DAKOTA 15% PENNSYLVANIA 31% SOUTH CAROLINA 15% NEW YORK 32% DELAWARE 16% UTAH 33% CONNECTICUT 18% MASSACHUSETTS 34% IDAHO 18% MONTANA 35% KANSAS 19% NEW HAMPSHIRE 35% FLORIDA 21% TENNESSEE 35% MISSISSIPPI 21% VIRGINIA 39% MINNESOTA 22% KENTUCKY 40% COLORADO 23% OREGON 44% WEST VIRGINIA 23% CALIFORNIA 48% DIST.OF COLUMB. 24% NEVADA 48% MARYLAND 25% SOUTH DAKOTA 50% NEW JERSEY 25% ALASKA 52% NEBRASKA 26% MAINE 58% TABLE # 2 – TANF FUND FUNNELED TO THE STATE WELFARE BUREACRACY DURING 2013 State Total State TANF Expenditures for 2013 for Other Than Basic Assistance- Welfare Bureaucracy Percentage of Total State TANF Expenditures for 2013 for Other Than Basic Assistance- Welfare Bureaucracy State Total State TANF Expenditures for 2013 for Other Than Basic Assistance- Welfare Bureaucracy Percentage of Total State TANF Expenditures for 2013 for Other Than Basic Assistance- Welfare Bureaucracy U.S. TOTAL $20,409,157,127 70% VERMONT $58,483,561 74% ARIZONA * $381,250,236 106% WISCONSIN $391,498,425 74% ILLINOIS $1,078,714,951 93% RHODE ISL. $123,362,531 74% WYOMING $28,476,534 92% WASHINGTON $574,787,863 74% ARKANSAS $143,452,618 92% NEBRASKA $67,671,569 74% TEXAS $745,883,702 91% MISSOURI $272,768,698 73% GEORGIA $446,424,891 90% ALABAMA $119,996,735 72% NORTH CAR. $480,155,130 89% HAWAII $165,009,701 72% LOUISIANA $179,585,708 87% NEW MEXICO $135,764,262 72% OKLAHOMA $135,576,434 87% IOWA $120,928,221 69% INDIANA $188,054,698 87% PENNS. $598,468,256 69% NORTH DAK. $28,829,721 85% OHIO $661,910,390 69% SOUTH CAROL $195,419,670 85% NEW YORK $3,378,159,282 68% MICHIGAN $1,145,434,291 85% UTAH $46,798,401 67% DELAWARE $70,266,148 84% MASSACH. $661,847,290 66% IDAHO $30,606,683 82% TENNESSEE $200,271,093 65% CONNECTICUT $377,222,605 82% MONTANA $28,271,701 65% KANSAS $119,263,247 81% NEW HAMPSH. $43,965,774 65% MISSISSIPPI $63,620,750 79% VIRGINIA $157,198,925 61% FLORIDA $653,301,626 79% KENTUCKY $150,943,376 60% MINNESOTA $338,086,164 78% OREGON $182,201,121 56% COLORADO $242,834,832 77% NEVADA $46,649,818 52% WEST VIRGINIA $102,648,326 77% CALIFORNIA $3,442,121,430 52% DIST.OF COL. $190,768,234 76% SOUTH DAK. $12,857,469 50% MARYLAND $422,106,416 75% ALASKA $35,613,501 48% NEW JERSEY $907,323,099 75% MAINE $36,301,020 42% 1 Mi liup Mi liup Testimony of Kevin Aslanian ion of California Welfare Rights Organization Coal Moving America’s Families Forward ‘Subcommittee on Human Resources of the House Ways & Means Committe February 11, 2015, Hearing on Moving America’s Families Forward itr tenn St 10 Scns CORES ES ra sie sate Colbie eon beat ionaeinarteraog ”
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CCWRO TANF W&MC Bill Recipient Impact Statement.docx

“[image: CCWRO Logo] We fail to see that some are mired in desperate and degrading poverty, with no way out, while others have not the faintest idea of what to do with their possessions, vainly showing off their supposed superiority Pope Francis RECIPIENT IMPACT STATEMENT Welfare Reform Proposal by The House Human Resources Subcommittee of the House Ways and Means Committee Boustany Announces Hearing on Welfare Reform Proposals JULY 15, 2015 HEARING HUMAN RESOURCES WELFARE REFORM Congressman Charles Boustany (R-LA), Chairman of the Subcommittee on Human Resources of the Committee on Ways and Means, today announced that the Subcommittee will hold a hearing on welfare reform proposals, specifically involving the reauthorization of the Temporary Assistance for Needy Families (TANF) program. The hearing will take place on Wednesday, July 15, 2015, in 1100 Longworth House Office Building, beginning at 10:30 A.M. The subcommittee invites witnesses and other interested parties to submit testimony and comments on the following Committee Discussion Draft of welfare reauthorization legislation: COMMITTEE DISCUSSION DRAFT Kevin Aslanian, Executive Director Coalition of California Welfare Rights Organization (CCWRO) 1111 Howe Avenue, Suite 150, Sacramento, CA 95825-8551 Tel. (916) 712-0071 email: [email protected] webpage: ccwro.org Dear Chairperson Boustany: As an antidote to poverty for families with children in America, the TANF program has failed. As a result of the callous treatment families endure from the state governors, legislators and TANF administrators, millions of children will endure lifelong problems, including profound health issues. Several years ago, a 60 Minutes segment on the CBS network, presented the tough journey of a homeless family, living in the southern United States, who could only qualify for SNAP. The TANF program was not even mentioned as a benefit to help poor and homeless families. This Committee should enact a TANF reform bill that would be consistent with Pope Francis’s recent encyclical letter wherein he wrote: We fail to see that some are mired in desperate and degrading poverty, with no way out, while others have not the faintest idea of what to do with their possessions, vainly showing off their supposed superiority No family in the United States should have a TANF grant less than 100% of the federal poverty level. See TABLE #1 that reveals the average TANF payment level is less than 25% of the federal poverty level. The TANF program has been a federal bonanza for States who are charged with assisting parents of poor children get on the road to self-sufficiency. In 2015, only 30% of the total TANF block grant and State MOE funding is used to meet the family’s basic survival needs, such as rent, utilities and clothing. TANF money is a great source of funding for the welfare industry and bureaucracy who receive 70% of TANF money while only 30% goes to payments to impoverished families. As contrast, the previous Aid to Families With Dependent Children (AFDC) Program paid 70% of the AFDC funds for direct benefits payments to families. AFDC was funded with 50% federal dollars and 50% state dollars. TABLE #2 reveals the how States fleece the TANF program. Since the inception of TANF, California has been able to fleece the TANF program out of $23 billion while TANF\/CalWORKs children lead the nation in child poverty. Today, the average grant is about 30% of the federal poverty level. See TABLES #3. How do States manage to use less than 30% of the federal TANF allocation and the State Maintenance of Effort (MOE) for cash assistance? States are operating inhumane and punitive public assistance programs. Most states impose full family sanctions upon families with children whose parent has allegedly not participated in the state employment programs even if the individual did not have childcare or transportation. States do this to meet the Work Participation Rates (WPR) through caseload reductions as well as eliminating families out of the numerator for the WPR calculations. Many children who are subjected to full family sanctions end up in the foster care system accused of negligence. In reality, it’s State induced economic negligence because parents cannot meet their child’s basic needs due to the sanctions. A lot of the TANF dollars are used by States to fund their foster care program aiding the TANF children. We now have TANF government children in the foster care system that would have been with their natural parents when we had the AFDC program. What is the fiscal difference between TANF and foster care? In California, CalWORKs (TANF) costs on the average $200 a month per child while costing $2,200 a month for a child in foster care. TABLE # 1 In 2015, the Federal Poverty Level for a Family of Three is $1,674 a month States TANF (3 Children) Percentage of Federal Poverty Level States TANF (3 Children) Percentage of Federal Poverty Level Alabama $215 13% Missouri $292 17% Alaska $656 39% Montana $504 30% Arizona $278 17% Nebraska $364 22% Arkansas $204 12% Nevada $383 23% California $694 41% New Hampsh. $675 40% Colorado $404 24% New Jersey $424 25% Connecticut $576 34% New Mexico $447 27% Delaware $428 26% New York $900 54% DC $270 16% North Carolina $272 16% Florida $303 18% North Dakota $310 19% Georgia $280 17% Ohio $434 26% Hawaii $763 46% Oklahoma $241 14% Idaho $309 18% Oregon $477 28% Illinois $284 17% Pennsylvania $403 24% Indiana $256 15% Rhode Island $554 33% Iowa $426 25% South Carolina $216 13% Kansas $375 22% South Dakota $681 41% Kentucky $262 16% Tennessee $232 14% Louisiana $240 14% Texas $179 11% Maine $386 23% Utah $498 30% Maryland $733 44% Vermont $710 42% Massachusetts $633 38% Virginia $389 23% Michigan $420 25% Washington $478 29% Minnesota $532 32% West Virginia $340 20% Mississippi $170 10% Wisconsin $550 33% Wyoming $561 34% TABLE #2 Federal Fiscal Year Total Federal TANF and State MOE Funds Total Spent for Payments to Poor Families with Children Percentage of TANF dollars Going to Cash Assistance to TANF Families Children Living in Deep Poverty – 50% of the federal poverty level Children Living Below 100% of the Federal Poverty Level 1997 $19,603,114,268 $13,901,705,312 71% 2,640,694 6,269,998.00 1998 $22,772,430,582 $13,927,623,731 61% 2,519,906 6,001,292.00 1999 $26,954,983,262 $13,165,747,213 49% 2,283,492 5,601,860.00 2000 $28,275,174,613 $11,180,400,974 40% 2,108,912 5,212,228.00 2001 $28,499,551,177 $10,143,465,544 36% 2,153,071 5,197,115.00 2002 $28,372,057,418 $9,408,233,518 33% 2,266,480 5,434,762.00 2003 $29,056,889,945 $10,218,545,347 35% 2,441,227 5,760,902.00 2004 $28,541,831,816 $10,389,421,895 36% 2,579,276 6,003,736.00 2005 $28,439,900,706 $10,739,000,687 38% 2,568,050 5,975,370.00 2006 $28,445,736,836 $9,906,038,682 35% 2,554,450 5,973,777.00 2007 $30,006,456,645 $9,068,930,860 30% 2,577,614 6,041,259.00 2008 $30,989,868,539 $8,648,970,019 28% 2,663,741 6,173,802.00 2009 $33,534,692,301 $9,323,502,540 28% 2,877,916 6,590,502.00 2010 $35,848,113,846 $10,699,142,042 30% There is no reason why Congress should not DEMAND that states use at least 70% of the funding for payments to needy families (cash assistance) rather than allowing states to use 70% of the TANF funds to pay for bureaucratic costs, especially when Congress has appropriated billions for employment and childcare programs in the past two years. These funds must first be used for those in the highest need TANF recipients. The other major reform needed in the TANF program is to assure that the TANF is a program helping poor families and not greedy states . The other major reform needed in the TANF program is to assure that the TANF is a program helping poor families and not greedy states . USDA keeps track of the number of people potentially eligible for SNAP and how many receiving SNAP. TANF has no similar information. It seems like Congress and States don’t care that there are families suffering in deep poverty that should be eligible for TANF but cannot overcome the path to eligibility that is loaded with landmines that are often insurmountable. Is the State Welfare Agency the Right Entity for Employment Services for the Poor of America? We encourage the House to end the welfare office responsibility to find jobs for welfare recipients. The welfare department is not the jobs department. TANF mandates that the welfare department perform the jobs function. Recently, Congress enacted the Workforce Investment Program. Section 2 of PL. 113-128 states: Welfare recipients are also Americans and they should have the same opportunities to be assisted by the state employment professionals and not be subjected to the segregated employment programs operated by the welfare officials of the various states. The purposes of this Act are the following: (1) To increase, for individuals in the United States, particularly those individuals with barriers to employment, access to and opportunities for the employment, education, training, and support services they need to succeed in the labor market. (3) To improve the quality and labor market relevance of workforce investment, education, and economic development efforts to provide America’s workers with the skills and credentials necessary to secure and advance in employment with family-sustaining wages and to provide America’s employers with the skilled workers the employers need to succeed in a global economy. Congress authorized over $3.3 billion a year to operate employment programs for Americans in the most recently reauthorized WIA act P.L. 113-128. In California there is another estimated $5.6 billion employment programs for Californians. Welfare recipients are also Americans and they should have the same opportunities to be assisted by the state employment professionals and not be subjected to the segregated employment programs operated by the welfare officials of the various states. Section-By-Section Analysis The Ways & Means Committee Discussion Draft ___________________________________________ SECTION 3. EXTENSION OF PROGRAM Page 2, Line 7 RECIPIENT IMPACT STATEMENT: None. CCWRO POSITION Support CCWRO RECOMMENDATIONS None ___________________________________________ SECTION 4. NO WAIVER OF WORK REQUIREMENT Page 3, Line 19 RECIPIENT IMPACT STATEMENT: Historically most waivers issued by HHS has had a negative impact on the beneficiaries of the AFDC and now TANF program. CCWRO POSITION Support CCWRO RECOMMENDATIONS None __________________________________________ SECTION 5. INDIVIDUAL OPPORTUNITY PLANS Page 4, Line 11 RECIPIENT IMPACT STATEMENT: Opportunity plans, employment plans or contracts, rarely give beneficiaries an opportunity to elect a path to self-sufficiency. A family has less chance of becoming self-sufficient when the entire process gives the government all of the decision-making and the beneficiary has no say in it. Many will NOT achieve independence when the whole process starts with making the individual totally dependent on the whims of the state welfare agency. If the individual is going to achieve independence, Congress needs to trust the individual to make decisions on how to achieve self-sufficiency. Currently, participants must either obey the state welfare agency, who believe they know best how to achieve self-sufficiency, or be sanctioned and face the loss of all TANF benefits.Many will NOT achieve independence when the whole process starts with making the individual totally dependent on the whims of the state welfare agency. If the individual is going to achieve independence, Congress needs to trust the individual to make decisions on how to achieve self-sufficiency. Under this proposal, the opportunity plan is developed in consultation with the beneficiary, but given 408(b)(2), the desires of the participant will not be reflected in the plan. First of all, the beneficiary, or the individual as stated in this bill, would sign the plan presented by the TANF department or face the total loss of all TANF benefits in many states. This does not present a landscape of fair consultation . Moreover, the information being gathered pursuant to 403(b) is meaningless if the individual does not have verified access to the services. In California, 50% of the participants do not receive transportation assistance even though the law mandates that the state agency pay for transportation. See TABLE # 4. The reason is very simple. There is no requirement for the state or local agency to verify that the individual has transportation or childcare before being required to participant in an activity or be sanctioned. CCWRO POSITION Support if amended CCWRO RECOMMENDATIONS In order to make the consultation process more effective we suggest the following amendment: On page 5, line 25, after the word employment insert: The plan shall allow the agency to suggest the employment activity that the agency determines is appropriate for the individual. The plan shall also state other activities that the state agency provides in its state plan. The proposed plan shall be mailed to individual and the individual shall select the activity offered by the state agency or another activity in the state plan. The activity selected by the individual shall be approved unless the state agency has documentary evidence that the activity selected by the participant would not enhance the individuals’ employability; The state agency shall verify, through documentary evidence, that the individual actually has the needed supportive services before requiring the individual to participate in any activity that would be subject to the penalties under section 408(b)(3). SECTION 6. STRENGTHENING REQUIREMENTS TO ENGAGE RECIPIENTS IN WORK AND WORK PREPARATION ACTIVITIES ___________________________________________ SECTION 6(a), (b) ELIMINATION OF CREDIT TOWARD WORK PARTICIPATION REQUIREMENT FOR CASELOAD SIZE AND EXCESS STATE SPENDING & COUNTING OF WORK PERFORMED BY INDIVIDUALS RECEIVING ATYPICAL BENEFIT PAYMENTS Page 8 Line 4 and Line 10 RECIPIENT IMPACT STATEMENT: This is a good change for beneficiaries in that it would make sure that the state gets credit for positive outcomes moving families to self-sufficiency and not into deep poverty. Currently, states are rewarded for terminating cases and imposing full-family sanctions that leave the family in deep poverty. States have also become masters of 101 ways to prevent a family in need from receiving TANF benefits. With this change states would have to think about positive terminations hopefully. The fact that states do not have to spend a specified amount of the TANF and TANF MOE funds for cash assistance still leaves the door wide open for states to use funds for themselves and not for the TANF recipients. This is a good change for beneficiaries in that it would make sure that the state gets credit for positive outcomes moving families to self-sufficiency and into deep poverty. CCWRO POSITION Support CCWRO RECOMMENDATIONS- None ___________________________________________ SECTION 6(c)(1) – ELIMINATION OF DISTINCTION BETWEEN CORE AND NON-CORE ACTIVITIES Page 10, Line 13 RECIPIENT IMPACT STATEMENT: This change would simplify the program and encourage state agencies to offer individuals more options that would help them in their efforts to achieve self-sufficiency. States that may give TANF participants a choice would now be able to make a choice. CCWRO POSITION Support CCWRO RECOMMENDATIONS – None ___________________________________________ SECTION 6(c)(2) ALLOWING STATES TO RECEIVE PARTIAL CREDIT FOR PARTIAL ENGAGEMEMNT Page 10, Line 20 RECIPIENT IMPACT STATEMENT: This change would finally recognize the efforts of the individual to meet the federal WPR, even if it is a partial effort. All efforts should be recognized. CCWRO POSITION Support CCWRO RECOMMENDATIONS None SECTION 6(c)(3) STATE OPTION TO REQUEST ALTERNATIVE WORK PARTICIPATION CALCULATION – Page 11, Line 16 RECIPIENT IMPACT STATEMENT: From the perspective of the TANF beneficiary the best outcome of the TANF program is to obtain the tools needed to become self-sufficient through a self-sufficiency path selected by the individual and not the state welfare bureaucrat. Congress should also be aware that this does not happen overnight. First of all, families living on a fixed income that is less than 25% of the federal poverty rate, are in deep poverty. They are competing for jobs with people who are dressed, have a computer, cell phone, car and money for transportation. Most TANF beneficiaries lack many of these resources. CCWRO POSITION Support if amended as set forth below CCWRO RECOMMENDATIONS The TANF recipients are the customers of this program. We believe that TANF recipient evaluation of the performance of the state welfare agency should be given adequate weight. California’s Welfare-to-Work (WtW) program spends about $2.2 billion a year on work and childcare programs and less than 2 to 3% of the participants find employment that results in the termination of TANF benefits. On the other hand, the WtW program sanctions over 50% of the unduplicated participants. See TABLE # 4. ___________________________________________ SECTION 6(c)(5) MODIFICATION OF RULE PROVIDING FOR PARTICIPATION BY REASON OF SECONDARY SCHOOL PARTICIPATION Page 13, Line 20 RECIPIENT IMPACT STATEMENT: Education is the only real effective antidote to poverty in the 21st century. This proposal is a very small step in helping TANF recipients to achieve self-sufficiency through education. As recent history has shown us, jobs yielding incomes that allow for self-sufficiency have migrated to other countries. Jobs yielding income that would support a family demand workers with education higher than a high school diploma. Most TANF recipients lack high school diplomas.Jobs yielding income that would support a family demand workers with education higher than a high school diploma. Most TANF recipients lack high school diplomas. We would suggest that rather than having a 2-year ceiling on education, states be required to have a program that provides at least two-years of secondary school education and allow states to approve more than two years at their option. CCWRO POSITION Support if amended as stated below. CCWRO RECOMMENDATIONS Amend the bill as follows: On page 14, strike lines 8 through 11 and in lieu thereof insert: (6) The individual who maintains satisfactory attendance at secondary school or the equivalent for at least 24 months and, at the state’s option, for a longer period provided the participant is making satisfactory progress as defined by the secondary education entity that the individual is attending. ___________________________________________ OPEN ISSUE SECTION 6(c)(6) WHETHER TO ADJUST CURRENT CAP ON SHARE OF WORK PARTICIPATION RATE THAT CAN BE SATISFIED BY PARTICIPATION IN EDUCATION Page 14, Line 8 RECIPIENT IMPACT STATEMENT: Education is the most effective way to help TANF recipients achieve self-sufficiency. As recent history has shown us, jobs yielding incomes that allow for self-sufficiency have migrated to other counties. Individuals should have a right to decide the best path to self-sufficiency and Congress should provide states with the flexibility to accommodate the individuals’ decision how to overcome deep poverty that the majority of TANF recipient endure today they live on a cash assistance of 25% of the federal poverty level. CCWRO POSITION Support lifting the cap. CCWRO RECOMMENDATIONS Remove all caps. If workfare and job search have no caps, then education should not have a cap. Let the beneficiaries decide and not Washington the bureaucrats what best for the TANF individuals . ___________________________________________ SECTION 6(c)(4) MODIFICATION OF COUNTING JOB SEARCH AS WORK – Page 14, Line 8 RECIPIENT IMPACT STATEMENT: This change would increase the job search period to three months. We have seen many job search programs that require individuals without a high school diploma, non-English speakers or individuals with a felony record to look for jobs that they are not equipped to do or jobs that do not exist. It makes more sense if the state submits quarterly plans to the HHS regional office for approval, showing the availability of jobs so that the individual is not merely submitting applications and getting a piece of paper signed just to satisfy the state and local workfare bureaucrats. This is burdensome on small business owners, who have to take applications for jobs that do not exist, just to make sure that the individual, who is also a customer of the small business, satisfies the welfare agency’s need for paper proof that the individual applied for a job.This is burdensome on small business owners, who have to take applications for jobs that do not exist, just to make sure that the individual, who is also a customer of the small business, satisfies the welfare agency’s need for paper proof that the individual applied for a job. CCWRO POSITION Oppose unless amended. CCWRO RECOMMENDATIONS Amend the law to require that States demonstrate with objective statistical information that the job search being performed by individuals to meet the federal WPR are for jobs that actually exists and that states are not gaming the system by forcing individuals looking for jobs that do not exist. ___________________________________________ SECTION 6(c)(7) REQUIREMENT TO REVIEW INDIVIDUAL OPPORTUNITY PLANS FOR INDIVIDUALS INVOLVED IN JOB READINESS ACTIVITIES FOR LONGER THAN THREE MONTHS Page 14, Line 12 RECIPIENT IMPACT STATEMENT: This is a positive change, but, from the perspective of the individual, the current draft is meaningless. This section simply requires the State to certify that more job search would be good for the person after the three months of, often frivolous, job search, that is a total waste of taxpayer dollars. Under the federal AFDC Work Incentive Program (WIN), California had a 3-day job search that yielded more employment than today’s glorified job clubs and never ending job search programs. Although job search is cheaper than training and education, it does not lead to self-sufficiency. Finally, it is puzzling that the state agency is required to determine if the participant can be sanctioned pursuant to section 408(b)(3). The insertion of 408(b)(3) implies that the individual has done something wrong by not finding a job after looking for work for three months when there was no finding by the state agency that there were any available jobs in the first place that the participant could perform and all barriers to self-sufficiency have been identified and verifiably removed. CCWRO POSITION OPPOSE unless amended as stated below. CCWRO RECOMMENDATIONS Amend the bill as follows: On page 15, strike lines 3 through 8 and in lieu thereof insert: unless the individual certifies in writing that continued participation in such an activity would support and prepare the individual for employment or in the alternative it would not. The individual shall make a choice between the two options in writing. The state agency shall provide objective evidence that the additional job search would yield self-sufficiency. The state agency shall provide quarterly reports of the number of individuals who participated in the job search activity and the number of participants finding employment that yielded income over 100% of the federal poverty level. If two consecutive quarterly reports show that the state agency has not met this standard, then the state shall no longer be allowed to operate a job search program more than three months. _________________________________________ SECTION 6(c)(9) INCREASE IN TIME LIMIT ON COUNTING VOCATIONAL EDUCATION TRAINING AS WORK Page 15. Line 19 RECIPIENT IMPACT STATEMENT: This would be beneficial to TANF beneficiaries. CCWRO POSITION Support CCWRO RECOMMENDATIONS As stated above, states should have flexibility to go beyond this 24-month limit. One-size does not fit all. ___________________________________________ OPEN ISSUE SECTION 6(c)(10) HOW TO VERIFY PARTICIPATION ACTIVITIES- Page 15, Line 23 RECIPIENT IMPACT STATEMENT: How to verify TANF activities? From the perspective of the TANF beneficiary, participation alone is not much benefit, if it is done just to meet the desires of the statute to show that TANF recipients are doing something that has no positive outcomes for the beneficiary. From the perspective of the beneficiary, a positive outcome is getting the necessary tools to obtain and retain employment that would propel the family out of poverty and into self-sufficiency. The TANF program has time limits. Time limits impede the ability of beneficiaries to acquire the tools needed to obtain and retain employment that would pay more than the poverty level. The purpose of the employment program is to remove the barriers that the beneficiary has preventing her or him from getting a job that pays a family wage. The removal of those barriers cannot be done the same way for all beneficiaries. Each individual, just like each state, has different needs and barriers. Some need extensive education, while others need a refresher course. Transportation is generally a major problem for finding and maintaining a job for TANF recipients. Yet most states do thing to address this major barrier except for sometimes paying for public transportation, if the beneficiary is lucky. In California about 50% of the beneficiaries actually participating do not receive transportation services. See TABLE # 4. Moreover, there is nothing in the federal law that says the beneficiary shall receive transportation. In America today, thousands and thousands of families endure full-family sanctions because they did not have money for transportation and could not use their TANF grant to pay for transportation after paying for rent and utilities, with the TANF grants being 25% of the federal poverty level. Often beneficiaries who find employment and become self-sufficient, do not report it to the welfare department because of the relationship of the welfare system and the individuals the state agency is the overbearing parent always threatening sanctions and the individual just can’t wait to get out of the horrible relationship. This is not to say that there are not individuals who adore their state employment worker. But as a general rule they don’t, thus they do not tell the welfare system that they got a job. On the other hand, if the statute would mandate that individuals who meet the provisions of the opportunity plan and provide evidence of self-sufficiency, they should be given an incentive for reporting and achieving the milestone of self-sufficiency that is meaningful. CCWRO POSITION Support if the participation rates are based on achieving the benchmarks of the individual’s opportunity plan by 50% and having 50% of those eligible for TANF to be participating in the TANF program and require states to provide meaningful bonuses to individuals who become self-sufficient and report that to the state agency. CCWRO RECOMMENDATIONS The discussion draft has a proposal for an opportunity plan . The TANF program has two primary goals: (1) assistance to needy families; and (2) getting the TANF recipients to become self-sufficient by meeting the benchmarks of the TANF opportunity plan. ___________________________________________ SECTION 6(d) PENALTY FOR FAILURE TO SATISFY MINIMUM PARTICIPATION RATES Page 16, Line RECIPIENT IMPACT STATEMENT: We would oppose this provision unless it protects the individuals that the program is supposed to serve from being punished through reduction of cash assistance payments because of the failure of the State to meet the federal minimum participation rates. The children suffer the most by having States reduce the already low payment levels of payments to families. CCWRO POSITION Support if amended as stated below. CCWRO RECOMMENDATIONS Amend the bill as follows: On page 17, between lines 11 and 12 insert: (C) In no event shall payments to families in the form of cash assistance be reduced that have any explicit or implied connection to the state’s failure to meet the requirements of this section. ___________________________________________ SECTION 6(e) REPORT OF NON-ENGAGEMENT OF NON-WORKING RECIPIENTS Page 17, Line 16 RECIPIENT IMPACT STATEMENT: Many beneficiaries are not engaged because the state agency has failed to assure that they have childcare and transportation services. While Congress wants to verify participation, there is no requirement that state agencies verify that the individual actually has supportive services before being required to participate in an activity and be subject to the provisions of Section 408(b)(2). CCWRO POSITION Support if amended. CCWRO RECOMMENDATIONS Amend the bill to include monthly sanction reports to let the public know the number of children enduring TANF-caused government economic child abuse that often leads to the destruction of the family with children ending up in foster care. The report should also document whether or not supportive services were actually available before the individual was asked to engage and did not engage. In California, local welfare workers tell participants that the county will pay for childcare. However, before childcare can be paid, the provider must be approved by Trust line[footnoteRef:1]. If the provider fails Trust line, the provider is not paid for his\/her work. Thus, the community learns that the welfare office does not speak the truth when they say they will pay for childcare and refuse to work as a childcare provider unless paid in advance. In California, and I believe in most states, childcare payments cannot be advanced. [1: TrustLine is a California’s registry of license-exempt childcare providers who have been through a criminal background screening and clearance process. ] Congress should know that just because there are millions of dollars appropriated for TANF recipients for childcare, does not mean the individuals actually receive childcare. ___________________________________________ SECTION 6(f) PURPOSES OF TANF PROGRAM TO INCLUDE REDUCING POVERTY Page 19, Line 13 RECIPIENT IMPACT STATEMENT: The reason that the TANF program has been a bonanza for States in that the TANF money can be used for anything rather than families who meet the rigorous eligibility and work requirements of the TANF program. This has caused extreme undue hardship upon impoverished families of America while showering states with federal money that is minimally used to relieve poverty and it is generally used to provide aid to state bureaucracies . CCWRO POSITION Support if amended. CCWRO RECOMMENDATIONS Limit the purpose of the using the TANF money for the families who meet the eligibility requirements and are required to participate in employment programs and are subject to the provisions of 408(b)(3). ___________________________________________ OPEN ISSUE SECTION 6(h) ELIGIBILITY OF INDIVIDUALS CONVICTED OF DRUG-RELATED CRIMES Page 20, Lines 8-9 RECIPIENT IMPACT STATEMENT: Children are always better off with their natural parents, even with a natural parent who has done wrong and done the time. The denial of TANF benefits to parents who have criminal convictions and have served time in jail or prison should not continue to be punished because such continued punishment has a negative impact on the children. Moreover, by denying aid to the parent, the parent is also being denied the opportunity to receive case management and assistance in becoming self-sufficient. CCWRO POSITION See below. CCWRO RECOMMENDATIONS This policy has always been anti-family and anti-child resulting in government-induced economic child abuse. It should be repealed. Every child needs a parent, and no child should be punished because his or her parent did wrong, paid the price and now wants to do right. ___________________________________________ SECTION 7. PROMOTING INCREASED EMPLOYMENT, RETENTION, AND ADVANCEMENT AMONG FORMER TANF RECIPIENTS Page 21, Line 1. RECIPIENT IMPACT STATEMENT: Former TANF recipients would be very happy to get assistance. CCWRO POSITION Support if amended CCWRO RECOMMENDATIONS This section should specify the amount of money to be used to pay for case management services, which should be no more than 50%. The remaining funds should be used to aid former TANF recipients with supportive services, such as childcare, transportation and other ancillary needs SECTION 8. STRENGTHENING TANF FINANCIAL REQUIREMENTS ___________________________________________ SECTION 8(a)(1). No Counting of Third-Party Spending to Meet State Spending Requirements Page 28, Line 15 RECIPIENT IMPACT STATEMENT: This would have a positive impact on TANF recipients in that it stops the States from gaming the system and pretending to count money that does not reach TANF recipients, in that, the beneficiaries of those funds do not have to meet the TANF eligibility and work requirements. CCWRO POSITION Support CCWRO RECOMMENDATIONS None ___________________________________________ SECTION 8(a)(2). No Counting of Spending on Medical Services to Meet State Spending Requirement Page 29, Line 23 RECIPIENT IMPACT STATEMENT: This would have a positive impact on TANF recipients in that it stops the States from gaming the system and pretending to count money that does not reach TANF recipients in that the beneficiaries of those funds do not have to meet the TANF eligibility and work requirements. CCWRO POSITION Support CCWRO RECOMMENDATIONS None ___________________________________________ SECTION 8(c). Prohibition on Use of Federal TANF Funds for Families with Income Greater Than Twice the Poverty Line Page 30, Line 9 RECIPIENT IMPACT STATEMENT: This would have a positive impact on TANF recipients in that is stops the States from gaming the system and pretending to count money that does not reach TANF recipients in that the beneficiaries of those funds do not have to meet the TANF eligibility and work requirements. CCWRO POSITION Support CCWRO RECOMMENDATIONS This section should be amended to include the State TANF Maintenance of Efforts to prevent the States from finding another way to game the system. ___________________________________________ OPEN ISSUE SECTION 8(e). HOW SHOULD STATES USE THE TANF FUNDS? Page 32, Lines 20-23 RECIPIENT IMPACT STATEMENT: States have been fleecing the TANF program and gaming the system for decades. The name of this program is Temporary Assistance to Needy Families and not Aid to Needy States .The program has been functioning as a program that provides aid to needy, and often greedy, states . The program has been functioning as a program that provides aid to needy, and often greedy, states . California’s budget reveals that TANF has contributed over $1.5 billion a year to the state general fund while the average family on TANF\/CalWORKs is getting cash assistance that is equal to about 30% of the federal poverty level. See TABLE #3 showing the history of California’s budget for the TANF program. This is from the Governor’s proposed budget. Taking from poor children and families is not a California phenomenon. It is something done by majority of the States. CCWRO POSITION See recommendation below. CCWRO RECOMMENDATIONS Limit TANF expenditures to TANF-eligible recipients who are required to meet the TANF work requirements. The federal TANF grant and the State Maintenance of Efforts (MOE) funds shall be used by states as follows: Expenditures Floor Percentage of Federal TANF and State MOE funds Cash Assistance Payments to Needy Families 70% Child care- There is already the Child Care Block Grant available for TANF. 10% should be more than sufficient 10% Work activities 10% Administration 10% Any funds not used by the state in any year shall be returned to the federal government and used to pay of the U.S. public debt. In 2013 states failed to use over $3 billion. In 2014 there were about $1.5 billion not used. There are some who are advocating for the increase of the TANF block grant. We would support increasing the TANF block grant if states had to do a 100% match and use 70% for cash assistance. We do not support welfare for state government .In 2013 states failed to use over $3 billion. In 2014 there were about $1.5 billion not used. There are some who are advocating for the increase of the TANF block grant. We would support increasing the TANF block grant if states had to do a 100% match and use 70% for cash assistance. We do not support welfare for state government . The administrative costs of other means-tested programs and employment programs: Program Administration Costs SNAP, formerly known as food stamps 5% for state and local SNAP agencies Supplemental Security Income (SSI) Less than 1% Unemployment Insurance that includes a work program (in 2010 according to the GATO institute) $134 billion in benefits and administrative cost of 5.9 billion = .004% ___________________________________________ SECTION 8(f)(2). LIMITS ON ACCESS TO ASSISTANCE IN CASINOS, STRIP CLUBS, AND LIQUOR STORES Page 33, Line 5 RECIPIENT IMPACT STATEMENT: These federal restrictions have already been implemented in California. The major problem facing TANF recipients is that with Electronic Benefits Transfer banks have been fleecing TANF recipients by charging fees to use the banks’ ATM machine to access their funds. Calendar Year TANF Recipient Payments to Banks in the Form of Surcharges and Fees 2011 $20,234,150 2012 $19,377,374 2013 $18,875,475 2014 $19,595,619 CCWRO POSITION see below CCWRO RECOMMENDATIONS Prohibit the state agency from requiring any TANF individual from being required to pay any fee or surcharge to any bank to access their TANF benefits. ___________________________________________ SECTION 9. ELIMINATION OF THE MARRIAGE PENALTY Page 35, Line 9 RECIPIENT IMPACT STATEMENT: This is a good step in supporting marriage. Congress should go one more step and prohibit the use of any TANF funds or TANF MOE funds for state TANF policies that results in a penalty for being married. CCWRO POSITION Support CCWRO RECOMMENDATIONS Prohibit the use of any TANF funds or TANF MOE funds for state TANF policies that results in a penalty for being married. ___________________________________________ OPEN ISSUE SECTION 11(b). REQUIRE SECRETARY OF HHS, USDA, HUD AND OTHER SECRETARIES TO REPORT TO CONGRESS ON BARRIERS TO IMPROVING PROGRAM COORDINATION AND HOW TO DEVELOP CROSS-PROGRAM ACCOUNTABILITY Page 92, Line 3 RECIPIENT IMPACT STATEMENT: The major barriers for beneficiaries to assistance lies in the fact that each program has different eligibility requirements. Recipients must complete and file multiple applications when it can be done more efficiently through horizontal integration. This means that if a person is eligible for TANF, then they should also be eligible for SNAP, WIC if the child is at the WIC age, Section 8, childcare, school meals and other programs, if otherwise eligible. Recipient would OPPOSE putting these programs in one pot to be administered by the welfare office or another office that is not in business of running all of these programs. Lumping programs together into one pot would mean beneficiaries would receive benefits, but the outcomes would not yield maximum benefits to the beneficiary as the program has potential to deliver. CCWRO POSITION None CCWRO RECOMMENDATIONS The Secretaries should review their programs and try to align the eligibility requirements to streamline and simplify the administration of the program designed for the same beneficiary. They should report to Congress annually what statutory eligibility requirements impede the simplification of the programs designed to assist low-income persons and families. ___________________________________________ SECTION 13. RESEARCH AND EVALUATION Page 108, Line 12 The barriers to participation in the TANF program should be extensively reviewed to spot barriers to participation similar to the way USDA identified barriers to participation in the SNAP program, unless it is the intent of Congress to enact a program and then erect barriers between the program and its intended beneficiaries. RECIPIENT IMPACT STATEMENT: There is very little research as to why so many families who live in deep poverty, are able to eat, but are homeless and receive no cash assistance. The barriers to participation in the TANF program should be extensively reviewed to spot barriers to participation similar to the way USDA identified barriers to participation in the SNAP program, unless it is the intent of Congress to enact a program and then erect barriers between the program and its intended beneficiaries. A family eligible for TANF and SNAP should leave the welfare office with both SNAP and TANF, if otherwise eligible. CCWRO POSITION Support CCWRO RECOMMENDATIONS Research should also identify barriers that families eligible for TANF not receiving TANF benefits. ___________________________________________ SECTION 13(h). DEVELOPMENT OF WHAT WORKS CLEARINGHOUSE OF PROVEN AND PROMISING APPROACHES TO MOVE WELFARE RECIPIENTS INTO WORK Page 111, Line 10 RECIPIENT IMPACT STATEMENT: This section would only look at what works and fails to look on the other side of the coin what does not work. Many TANF state policies, such as full-family sanctions, are financially deadly to poor families. Full family sanctions help states meet their work participation rates by sentencing families to a lifetime of poverty. If the family is not in the numerator, then they cannot impact the denominator. CCWRO POSITION Support CCWRO RECOMMENDATIONS Develop best practices for the improvement of the TANF program to benefits the individuals and children. Upon completion, circulate the best practices to the states. ___________________________________________ OPEN ISSUE SECTION 15(b). CHANGE TERMINALOGY FROM FROM VOCATIONAL AND EDUCATION TRAINING TO CAREER AND TECHNICAL EDUCATION TRAINING Page 117, Line 5 RECIPIENT IMPACT STATEMENT: The constant changing of names of a program is confusing to TANF beneficiaries. Any education or training program is designed for career development. The only reason that TANF recipients would enroll in any educational or training program is to have a career, to become self-sufficient. Welfare moms do not go to college to have fun. They are not invited to parties because they have kids to take care of. Any welfare mom participating in an educational or training, is doing so to achieve self-sufficiency. They are heroes! CCWRO POSITION Oppose CCWRO RECOMMENDATIONS RECIPIENT SUGGESTIONS TO MAKE THE PROGRAM FAMILY\/CHILD FRIENDLY Some ideas that the Ways and Means Committee may want to consider are: 1. Provide employment services and supportive services to parents who have timed out. 2. The time limits shall never be applied to children. 3. Any month that the parent works and meets the federal WPRs should not count towards the 60-month time clock. 4. All states shall have a 60-month time clock. 5. Parents who are not being aided should not be in the numerator. Current law requires that the States include parents in the numerator even when they are not being aided and are not provided with any employment services. TABLE #3 AUXILIARY TABLES* 2015-16 Governor’s Budget Local Assistance California Department of Social Services TABLE OF CONTENTS Includes charts, graphs and additional history regarding various CDSS local assistance programs. Public Assistance Programs Average Monthly Grants…………………………………………………….. 1 CalWORKs and CalFresh Caseload Projections Summary ……………………………………………… 3 Children and Adults Caseload Projections Summary ……………………………………………………… 5 SSI\/SSP Payment Standards ……………………………………………………………………………………… 7 CAPI Payment Standards ………………………………………………………………………………………….. 13 CalWORKs MAP Levels…………………………………………………………………………………………….. 19 CalWORKs MAP History ……………………………………………………………………………………………. 21 Historical CalWORKs and TANF Funding …………………………………………………………………….. 23 Funding Reconciliation for CalWORKs, the TANF Block Grant and MOE ………………………….. 27 Community Care Licensing Licensed Facilities …………………………………………………………… 29 IHSS Individual Provider Caseload and Hours by County ……………………………………………….. 30 IHSS Wage, Tax, Benefit and Administrative Rates ……………………………………………………….. 32 IHSS County MOE: Shift to GF …………………………………………………………………………………… 37 22 Historical CalWORKs and TANF Funding Chart* FY 2008-09 FY 2009-10 FY 2010-11 FY 2011-12 Total TANF Grant\/Required MOE $ 6,583,092,000 $ 6,584,132,000 $ 6,950,599,000 $ 6,580,797,000 CalWORKs Program1 Grants Administration Services Child Care Substance Abuse\/Mental Health Svcs County Share of Admin\/Svcs2 Tribal TANF3 Performance Incentives (budgeted) Probation Student Aid Commission KinGAP ARRA Subsidized Employment – ECF ARRA Non-Recurrent Short-Term Benefits ECF Non-MOE\/TANF in CDSS Additional TANF\/MOE Expenditures in CDSS Other MOE Eligible Expenditures State Support 5,341,526,077 3,275,881,220 579,578,620 829,198,822 542,554,111 114,313,304 27,214,878 71,001,000 114,052,000 (196,041,000) 271,073,000 714,079,000 28,131,000 5,341,519,431 3,406,732,000 590,571,121 798,905,700 440,639,196 104,671,414 8,368,000 69,750,000 107,687,000 158,508,000 176,233,000 (179,056,000) 299,394,000 668,044,000 27,687,000 5,576,729,520 3,674,460,000 619,727,897 784,790,383 388,502,665 109,248,575 69,073,000 91,033,000 200,348,000 18,775,000 (158,118,000) 303,620,000 641,575,000 29,180,000 5,269,004,000 3,260,513,000 652,927,039 826,832,008 409,314,953 119,417,000 73,743,000 56,454,000 (163,597,000) 291,131,000 682,620,000 29,019,000 Total Expenditures 6,343,821,077 6,892,156,000 6,772,215,520 6,238,374,000 Federal TANF General Fund (MOE)4 Other State Funds (Employment Training Funding) County Funds4 Total TANF transfers Non-CalWORKs Transfers5 CalWORKs\/Tribal TANF Transfers and Reserves 3,560,047,000 2,715,820,000 35,000,000 133,454,000 442,017,000 169,793,000 272,224,000 4,041,842,000 2,712,840,000 20,000,000 117,474,000 440,818,000 186,921,000 253,897,000 3,810,007,000 3,103,684,000 113,097,000 440,163,000 197,931,808 242,231,192 3,391,395,000 1,689,030,000 1,157,949,000 444,672,000 192,242,450 252,429,550 TANF Grant\/Required MOE Prior Year TANF Carry Forward6 Excess MOE Needed to Fund Programs Single Allocation Reappropriation (AB 1477) ARRA – Emergency Contingency Funds ARRA – Subsidized Employment ARRA – Non-Recurring ECF Unspent Performance Incentives High Performance Bonus 6,583,092,000 119,532,000 259,212,000 6,584,132,000 117,100,000 370,195,000 159,386,000 176,233,000 6,950,599,000 233,398,000 125,626,000 215,348,000 27,225,000 6,580,797,000 158,450,000 Total Available Funding Total Funding Needed 6,961,836,000 6,785,838,077 7,407,046,000 7,332,974,000 7,552,196,000 7,212,378,520 6,739,247,000 6,683,046,000 NET TANF Carry-Over Funds6 75,498,000 74,072,000 91,187,000 56,201,000 CalWORKs Contribution to the General Fund7 $ 1,268,997,000 $ 1,262,046,000 $ 1,234,159,808 $ 1,222,447,450 Please see Notes Associated with the CalWORKs and TANF Funding Chart for additional information. Historical CalWORKs and TANF Funding Chart* FY 2012-13 FY 2013-14 FY 2014-15 Revised Budget FY 2015-16 Governor’s Budget Total TANF Grant\/Required MOE $ 6,584,722,000 $ 6,575,412,000 $ 6,578,959,000 $ 6,572,248,000 CalWORKs Program1 Grants Adminstration Services Child Care Substance Abuse\/Mental Health Svcs County Share of Admin\/Svcs2 Tribal TANF3 Performance Incentives (budgeted) Probation Student Aid Commission KinGAP ARRA Subsidized Employment – ECF ARRA Non-Recurrent Short-Term Benefits ECF Non-MOE\/TANF in CDSS Additional TANF\/MOE Expenditures in CDSS Other MOE Eligible Expenditures State Support 5,076,484,000 3,155,806,000 643,265,561 819,383,597 330,464,842 127,564,000 69,045,000 803,754,000 69,044,000 (163,874,000) 308,402,000 522,617,000 29,703,000 5,285,017,000 3,117,515,000 746,813,504 931,663,610 362,418,886 126,606,000 80,168,000 541,712,000 73,319,000 (339,006,000) 311,414,000 468,067,000 29,999,000 5,503,947,000 3,200,769,000 779,020,271 1,021,629,035 375,922,694 126,606,000 75,945,000 377,406,000 74,977,000 (599,719,000) 343,540,000 540,382,000 29,900,000 5,607,783,000 3,241,950,000 801,636,168 1,050,754,650 386,836,182 126,606,000 83,951,000 286,320,000 78,523,000 (596,209,000) 371,502,000 561,016,000 29,796,000 Total Expenditures 6,715,175,000 6,450,690,000 6,346,378,000 6,422,682,000 Federal TANF General Fund (MOE)4 Other State Funds (Employment Training Funding) County Funds4 3,470,035,000 2,056,417,000 1,188,723,000 3,389,838,000 1,653,982,000 1,406,870,000 3,387,456,000 1,202,909,000 1,756,013,000 3,378,309,000 1,262,417,000 1,781,956,000 Total TANF transfers 440,136,000 451,931,000 446,794,000 454,547,000 Non-CalWORKs Transfers5 CalWORKs\/Tribal TANF Transfers and Reserves 192,243,000 247,893,000 192,242,773 259,688,227 192,119,000 254,675,000 192,119,000 262,428,000 TANF Grant\/Required MOE Prior Year TANF Carry Forward6 Excess MOE Needed to Fund Programs Single Allocation Reappropriation (AB 1477) ARRA – Emergency Contingency Funds ARRA – Subsidized Employment ARRA – Non-Recurring ECF Unspent Performance Incentives High Performance Bonus 6,584,722,000 245,245,000 394,236,000 80,000,000 6,575,412,000 107,951,000 219,258,000 6,578,959,000 199,470,000 113,781,000 6,572,248,000 99,038,000 205,943,000 Total Available Funding Total Funding Needed 7,304,203,000 7,155,311,000 6,902,621,000 6,902,621,000 6,892,210,000 6,793,172,000 6,877,229,000 6,877,229,000 NET TANF Carry-Over Funds6 148,892,000 – 99,038,000 CalWORKs Contribution to the General Fund7 $ 1,896,060,000 $ 1,586,754,773 $ 1,528,424,000 $ 1,489,480,000 California TANF\/CalWORKs Annual Involuntary Contributions to the California State General Fund State Fiscal Year Amount of Annual TANF\/CalWORKs Involuntary Contribution FY 98-99 $708,502,000 FY 99-00 $745,249,000 FY 00-01 $1,021,913,000 FY 01-02 $1,126,647,000 FY 02-03 $1,088,940,000 FY 03-04 $1,163,238,000 FY 04-05 $1,087,321,000 FY 05-06 $1,299,448,000 FY 06-07 $1,184,134,000 FY 07-08 $1,745,291,000 FY 08-09 $1,268,997,000 FY 09-10 $1,262,291,000 FY 10-11 $ 1,234,159,808 FY 11-12 $ 1,222,447,450 FY 12-13 $1,896,060,000 FY 13-14 $1,586,754,773 FY 14-15 $1,522,729,000 FY- 15-16 $1,777,001,000 Total TANF Contribution to the California General Fund Since the Repeal of AFDC $22,941,123,031 TABLE #4 CalWORKs Welfare-to-Work Monthly Activity Report WTW 25 For May, 2015 – STATEWIDE PART A. ENROLLMENT DATA 1. Enrollees 179,488 2. Exemptions 84,847 3. Removed from the Assistance Unit 0 a. Sanctions 58,810 4. Entered employment 9,353 5. Terminations due to employment 4,614 PART B. ACTIVITIES 6. Appraisal 11,360 7. Assessment 5,710 8. Reappraisal 949 9. Job search & job readiness assistance 14,231 10. Unsubsidized employment 64,741 11. Self-employment 5,143 12. Subsidized private sector employment 1,776 13. Subsidized public sector employment 2,442 14. On-the-job training (OJT) 226 15. Grant-based on-the-job training (OJT) 1 16. Work-study 1,955 17. Supported work or transitional employment 140 18. Work experience 2,874 19. Community service 4,914 20. Job skills training directly related to employment 4,816 21. Vocational education training 18,714 22. Education directly related to employment 3,518 23. Adult basic education 5,953 24. Satisfactory progress in a secondary school 201 25. Other activities 6,228 27. Providing childcare to community services participants 0 27. Mental health services 6,247 28. Substance abuse services 1,480 29. Domestic abuse services 3,259 a. Granted DV Waiver 2,721 30. Number of individuals 6-29 (Unduplicated) 122,173 a. Self-Initiated Education Program 6,883 PART C. NONPARTICIPATION STATUS 31. Noncompliance 30,412 32. Good cause for not participating in WTW 16,562 PART D. SUPPORTIVE SERVICES 33. Transportation 67,872 34. Ancillary services 13,292 35. Post-employment\/Job-retention services 9,119 36. Post CalWORKs 60-month time limit services 2,876 CCWRO DATA ANALYSIS Unduplicated Participants Not Receiving Transportation 54,301 Persons 44% Unduplicated Participants Sanctioned 48% Unduplicated Participants Finding Employment that Terminates TANF 4% [bookmark: _GoBack] 26 ss wit naw ar na a ea ‘wha to do with thet possesion, vainly showing ff Ute Supposed superiority. Pope Francs RECIPIENT IMPACT STATEMENT Welfare Reform Proposal by The House Human Resources ‘Subcommittee of the House Ways and Means Commit TT SE ongrenman Gres Houta (A) Chairman fhe Subcommies 0 Hansa ‘Se venutoraton of te Tepuary Asam fr Rea Fase (TAM) pro ‘The bering wi take place on Wednesday, Jy 16 205 In 1100 Longe ‘woth Hove Office Buln, begining 1030 A Moy and conn oe cg Camenive Deatoen Dah strate ‘eauhorsnton ogo: COMMITTEE OSCUSSION DRAFT evn Aalanian, Execute Doctor ”
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” RECIPIENT IMPACT STATEMENT ON THE WORKFARE PROVISIONS OF H.R. 1720 SECTION BY SECTION ANALYSIS OF THE NE’J.’Work PROGRAM OF H.R.l720.AS APPROVED BY THE SUBCOMMITTEE ON PUBLIC \u00b7 ASSiSTANCEOJ?\u00b7 Tijlt.HOUSEW,.\\’XSA~ti MEA~S COMMITTEE MAY, 1987 PUBLSIHED BY THE COALITION OF CALIFORNIA WELFARE RIGHTS ORGANIZATIONS 1900 \”K\” STREET, SUITE 203, SACRAMENTO, CA 95814 TABLE OF CONTENTS H.R. 1720 in Brief Section 416(a) and (b)- Program Operation Section 416(c)- Participation Requirement Section 416(d)- Priorities Section 416(f)- Assessment Section 416(g) Agency-Client Agreement and Case Management Section 416(h)- Range of Services Section 4160)- Workfare Section 416(k)- Job Search Section 416(1)- Sanctions Section 416(m)- Regulations Section 416(n)- Performance Standards Section 416(o) and (p)- Continuing Evaluation and Uniform Reporting Requirements Section 1 02- Federal Matching Rates Section 1 04- Effective date I 1 2 3 4 5 6 7 8 9 10 11 12 13 \\ 14 15 -1- H.R. 1720 IN BRIEF HE GOOD Two-parent families will be eligible for public assistance in all states by 1990. Work related deductions would be available at all times. There will be no time limits. Within a 5 year period about 18 states would have to raise their AFDC benefits to 15% of the median ~ncome level for the state in question. Repeals the current provisions which deems the income of a parent to be available to the minor even if the minor lives separately from his or her parents. HE BAD Mandates the state welfare deparonent to require that a parent with children over the age of three years to participate full time in a workfare program and participate part time if there is a child over the age of 1. Allows states to mandates that both parents of two-parent families do workfare duties for their welfare benefits. There are no assurances that the family would have a certi- ficate which guarantees the participant that a care slot will be available if employment is found. The state welfare agency, not the state employment agency, would be required to operate the employment programs for wel- fare recipients. Parent(s) receiving AFDC benefits would no lon- ger be referred to the state employment agency for job services and training where all other people go for training and jobs. This is an attempt to separate the poor from all other non-wel- fare persons seeking jobs and training. State agencies would not be required to provide remedial education to all persons without a high school degree. The bill contains a big loophole for state agencies who do not think that welfare recipients need education. A recipient could begin his\/her participation in the program by being referred directly to a six (6) month woikfare program. The six (6) month workfare assignment could be repeated year after year without any limitation if a person reapplies for aid. States can require participants to do job search while participating in other components, such as, education, training, workfare, except for remedial education. Thus, at any given time, the participant may be required to look for jobs that do not exist Recipients can be forced to train for jobs that would make them fmancially poorer. In many cases, the parents would not be able to feed or house their children because they would be forced to use their food and rent money for child care and other work-related expenses. Minors receiving AFDC benefits will be forced to live with their parents. In computing the AFDC benefits, clients would not be allowed to deduct valid child care payments. Rewards state agencies in the form of fmancial incentives when services are provided to volunteers but fails to impose any penalties on the state for client abuse and violating the law; which is common practice in America. Imposes severe sanctions against clients who fail (as opposed to refuse) to cooperate with the workfare workers without good cause. The bill fails to defme what constitutes good cause and allows the state agency to sanction the parent or both parents of the family for at least three months, upon the second or subsequent failure to cooperate or participate. This means the state agency can sanction families for months and months, depending upon who operates the program or who is the Governor of the State. The mandatory workfare programs becomes effective in 1989, but the grant increases become effective in 1993. The bill does not mandate any priority for participation. Rather, it merely suggests that states give priority to volunteers and long term welfare recipients. States would get a 60% fede- ral match for job search and workfare activities, in lieu of the current 50% match. This would increase the amount of funds that state agencies can have to operate workfare and job search programs. States would be required to operate a workfare job search program, even if there are hardly any jobs in the community. Workfare is not mandated as a training program, rather it is a program whereby welfare recipients would provide uncom- pensated labor to federal, state and local governments. In many quarters, this is known as involuntary servitude or SLAVERY. SECTION 416 (a) and (b) PROGRAM OPERATION- OPPOSE SUMMARY OF THE SECTION This section requires the State to operate an employment program for welfare recipients. It will be operated by the State welfare agency in all political subdivisions of the State through a plan that shall be submitted to the Secretary of HHS prior to the effective date of this section. RECIPIENT IMPACT STATEMENT Subsection (b)(l) requires each State to provide these services throughout the State without regard to the unemployment rate, that very few employers have hired a new person in months and notwithstanding the fact that the State may be primarily argricultural. This bill will force welfare recipients to conduct job searches in local regions where there are no jobs. This bill will create new jobs for workfare bureaucrats, i.e., jobs which monitor welfare recipients looking for nonexistent jobs and sanctioning recipients for failing to find jobs that do not exist. Subsection (b)(2) mandates that the private sector and local governments be involved in the planning and program design. The bill fails to mandate that program participants and their representatives be involved in the planning and program design. -2- Subsection (b)(3) mandates that the State welfare agency be the agency responsible for the administration of this employment program for welfare recipients. The jobs and training program for welfare recipients should be operated by the State employment agency which operates the jobs and training program for non- welfare recipients. Having the State and local welfare agencies operate the jobs and training programs for welfare recipients promotes job segregation and redlining. RECOMMENDATIONS AMEND SECTION 416(b)(l) to mandate that services will be provided in all political subdivisions only if the unemployment rate is more than 7%. Amend Section 416(b)(2) to mandate that representatives of the local legal services and welfare rights organizations, if any, be included in the planning and program design process. Amend Section 416(b)(3) to mandate that the State employment agency operate the employment and training programs for welfare recipients. The Commissioner of New York stated before the House Education and Labor Committee that welfare agencies deal exclusively with welfare recipients. Therefore, it would be unlikely that the State Welfare Department could make welfare recipients competitive with non-welfare recipients. SECTION 416(c)-PARTICIPATION REQUIRE- MENTS- OPPOSE SUMMARY OF THE SECTION This section specifies who must participate in the pro- gram. All persons with children over the age of three (3) years of age are required to participate in the pro- gram. States may set participation priorities, but are not limi- ted to the sequential order as set forth in this section. Persons working less than 20 hours a week will be re- quired to quit their job and participate in this workfare program. Persons may be allowed to complete a vocational and technical training program designed to lead to employ- ment. The bill retains the established exemptions, such as ill- ness, persons over the age of 60 years old, or the ill- ness of another family member. Finally, States can force welfare mothers (including nonbiological parents, such as grandparents or elderly relatives) with children, between the ages of 1 and 3 years, to participate in the workfare program, if the State provides the child care that the State agency believes the mother needs. RECIPIENT IMPACT STATEMENT The bill enumerates certain priorities which include the word \”including\” which makes possible an array of other categories of persons that States can give priority to, including everyone receivin~ and applying for AFDC. Thus, this section contams \”cosmetic\” prio- rities that have no \”bite\”. Moreover, this bill defines a \”long term\” AFDC recipient as having been on aid for 20 months during the past 24 months. This is a far cry from the \”generational wel-farerecipient\” who was viewed to be the \”long term\” welfare recipient. -3- This defmitional change opens the door for the neo- conservatives to launch another propaganda war by talking about the fact that 90% of the people on welfare are \”long term\” welfare recipients as defined by \”our democratic friends\” in Congress. Persons who work part-time should never be forced to quit his or her job to work in a federal, state or local government workfare project. In many cases, part- time jobs become full-time jobs. There is no reason to force welfare recipients to quit their jobs because workfare bureaucrats need clients to justify their own monthly paycheck. This section does not allow AFDC recipients to complete their self-initiated education or training. It appears that the bill assumes that welfare recipients are not clever enough to initiate a job training program on their own without the whip of the workfare bureaucrats. AFDC recipients who embark upon the road of self-initiated education or training should be allowed to complete the program. RECOMMENDATION Amend this section to: Mandate that State agencies follow the priori- ties set orth in the law and prohibit any deviation from those priorities. Exempt persons from mandatory participation in the program who work part-time. Provide that any person who is currently in, or en-rolled in, a self- initiated education or training pro-gram be allowed to complete that program before being required to participate in the program under this secton. Only biological parents shall be mandatory partici- pants. SECTION 416(d)- PRIORITIES SUMMARY OF THE PROVISION This section provides that, to the extent that the State’s resources do not permit the inclusion of all mandatory recipients, then the State shall provide services to recipients consistent with the priority set forth in the law. RECIPIENT IMPACT STATEMENT This is another example of unrealistic priorities. The priority is applicable only if the State cannot serve all persons; most States would serve all persons. Therefore, the priorities set forth in this section are irrelevant. -4- RECOMMENDATION Mandate that the priorities outlined in this section be followed unconditionally. The State agency should not be allowed to skip a priority without first conducting a public hearing and demonstrating that there are no person unserved in that priority. SECTION 416(0\u00b7 ASSESSMENT. OPPOSE SUMMARY OF THE SECTION This section provides that the State welfare agency shall make an initial assessment of the educational needs, skills, and employability of each participant. After the assessment, the State agency will develop a family support plan, which \”to the maximum extent possible\” reflect the preferences of the family members involved. -5- RECIPIENT IMPACT STATEMENT This section exposes the false assertions that HR 1720 empowers recipients to make choices as to the method of getting off welfare. The truth is that only the State welfare agency has the real power to decide what the client should do. The language of this section, which provides that the plan shall reflect the preference of the family \”to the extent possible\” demonstrated that the power belongs to the workfare bureaucrats. RECOMMENDATION On page 11, line 10 strike the word \”to:\” and line 11. This would give us some hope that the preferences of the family would be considered. -6- SECTION 416(g) AGENCY-CLIENT AGREEMENT Every person realizes that only parties in a equal AND CASE MANAGEMENT -OPPOSE . bargaining position can enter into a valid agreement. The AFDC client applies for aid to support his or her SUMMARY OF THE SECTION This section provides that following the initial assess- ment, the county welfare\/workfare bureaucrat and the client shall enter into an agreement. This agreement will set forth what the client must do and what the State agency must do. Clients may file a fair hearing request to resolve disputes relative to client-agency agreement. However, the law makes it very clear that \”In no case shall any agency-client agreement entered into pursuant to this subsection, give rise to a cause of action against the Federal Government or any officer or agency there- of if any party to such agreement fails to observe its terms.\” Each family member required to participate will be as- signed a case manager. RECIPIENT IMPACT STATEMENT This section demonstrates that an agreement between the welfare agency and the client is actually a one way street. Clients can be sanctioned for failing to coope- rate or participate, but the federal government and its agents are not responsible for refusing to comply with the agreement they entered into with the welfare recip- Oient. It shows the hypocrisy of the alleged client-agen- cy agreement.In reality, the client-agency agreement is a statement wherein the state workfare bureaucrat spells out what the recipient must do so that their children will continue to receive aid. If the recipient fails to do what the State workfare bureaucrat say has to be done, their children would not receive welfare benefits for a specified period.In reality, the client-agency agreement is a statement wherein the state workfare bureaucrat spells out what the recipient must do so that their children will continue to receive aid. If the recipient fails to do what the State workfare bureaucrat say has to be done, their children would not receive welfare benefits for a specified period. ‘ children. If the client wants the children to receive aid, the client must enter into this agreement. If the client does not enter into the agreement, the family’s application for aid is denied so that they receive no aid, then the family will be forced onto the streets and to the garbage cans they go. They become another statistic to the ever growing homeless families of America. RECOMMENDATION The State agency shall assess the participant. The out- come of the assessment, the name of the local\/ega\/ and welfare rights office, the availability of the various types of supportive services, including a recommended component for participation shall be mailed to the participant. The participant shall have the right to select either the recommended component or one of his or her choice and the right to request the services the client be- lieves is needed. The component selected by the recipi- ent shall be deemed to be appropriate, unless there is clear and convincing evidence that the component selec- ted by the panicipant is inappropriate. This would assure that client would be empowered to select a reasonable component and ask for supportive services, without having the workfare bureaucrat breathing down their neck and telling them what they should write on the form, which is a common practice within the welfare system. CCWRO has published a proposed \”Welfare Reform Bill\”. This bill has specific language that contains all necessary protections that clients need for a agency- client agreement. With that language this alleged agreement will be another cruel joke upon the needy of America. -7- SECTION 416(h) RANGE OF SERVICES- OPPOSE Some States, like the State of California, maintain that SUMMARY OF THE SECTION This section provides that each person shall be entitled to a range of services which must include remedial education, skills training and job search services, plus two (2) services from the following list of services: (1) on-the-job training; (2) work supplementation; (3) workfare; or (4) other education and training activities as determined by the State and allowed under federal regulations. Persons without a high school degree or its equivalent will receive remedial education \” … except in the case of a participant who demonstrates a basic literacy level and whose family support plan identifies a long-term employment goal that does not require a high school diploma … \”. A person cannot be required to stay away from their home overnight in order to participate in the program. This section prohibits displacement of current workers and contain comprehensive displacement language. No person shall be assigned to a position which would result in net loss of income, which is not defined. RECIPIENT IMPACT STATEMENT This section fails to provide recipients with an unifor- med full range of services. Thus, persons in different states and different counties within the same State will receive different types of services. Moreover, when a person moves from one place to another, they would not be able to pick up where they left off, rather, they will be forced to start all over again, which is not an efficient way of operating a program. refugees do not need to learn to speak English because there are many people in America who work without speaking English. Given this type of attitude, this section contains a big loophole; no one would need a high school degree since many low paying jobs are available to those without a high school education. . Under the WIN Program, persons who must travel more than two hours each way are exempt from the program. This section could force persons to travel four (4) to six (6) hours each way without exempting them from the Program, because they would not be away from home overnight. RECOMMENDATIONS 1. Mandate that the State agency allow the participant to select from the full range of services, rather than from a limited range of services .If the services are not available, then the participant shall be placed in an unassigned pool until the services selected by the panicipant becomes available. 30 days following the selection of a particular service by the participant the State agency shall mail a notice to t\/z{! participant informing him or her of the right to select another component on a New Component Selec- tion Form. Any person who does not have a high school diploma should be required to panicipate in a remedial edu- cation program and they cannot be required to participate in any other service until they obtain a high school degree. No person should be required to participate in the pro- gram unless the trip from home to the assignment is less than 2 hours each way. -8- SECTION 416(j)\u00b7 WORKFARE- OPPOSE This section allows State agencies to establish a work- fare program whereby welfare mothers raising children will have to work for the funds they receive which meet their basic survival needs. \”To the extent possible, the prior training, experience, and skills of a recipient shall be used in making approp- riate work experience assignments. The workfare program will be limited to a one-time on- ly six (6) months assignment which cannot be repea- ted. They must work off their grant by dividing the monthly grant by the existing hourly pay scale estab- lished for the position in which the participant is assig- ned less any child support paymepts being paid to the recipients or to the State on behalf of the recipient. RECIPIENT IMPACT STATEMENT The issue of whether Americans should be compen- sated for their labor or forced into involuntary servi- tude was decided during the Civil War. There are some individuals in our society who just will not accept the fact that slavery has been abolished in America and will do everything in their power to turn the clock back to the dark ages. Workfare has never been operated to help the poor, rather it was designed for the sole purpose of puni- shing the \”undeserving poor.\” RECOMMENDATION Repeal the entire workfare section. OR Limit the workfare duty to three (3) month for each in- dividual, which was the duration of the San Diego County Workfare Program. Allow participants to select a workfare site of their own choosing from a list of available workfare sites. SECTION 416(k) JOB SEARCH- OPPOSE A person would be required to perform an eight (8) week job search program \”in such manner as the State agency determines (in each particular case). Job search may be required by an applicant while his or her appli- cation is being processed. After eight (8) weeks, the participant must be placed in an education, training or workfare assignment, and be requiredto simultaneous- ly to do job search. RECIPIENT IMPACT STATEMENT This section leaves the door open for the State agency to require that participants make 25 applications a week for nonexistent jobs. The State may require that diffi- rent clients make varying numbers of job contacts. If the workfare bureaucrat likes a certain client, then that client will have to make fewer job contacts than other clients. Some State agencies have found the easiest way to make families homeless. A family without any funds is required to do job search. Naturally, they will not be able to complete their job search assignment, thus their application will be denied for failure to complete their job search assignment. An ideal way of cutting the welfare rolls. -9- An eight (8) week job search is wasteful. In San Diego, recipients were required to do a three (3) week job search. Having a person do workfare, education or participa- ting in a training program while looking for a job at the same time doesn’t make sense. What does a person do who is in training and has done five of the six months and somebody offers him or her a job? Should he or she accept the job or complete the trainin~? Under this section if he or she refuses to accept the JOb, they will be sanctioned. It seems stupid doesn’t it? RECOMMENDATION A person shall only be required to do a three (3) week job search and be required to contact no more than six (6) employers a week. The participant should also be required to do a three week job search assignment after completing a training program that was designed to least two full months of aid payments.lead employment. No person should be required to do job search or participate in this program unless they have al- ready been found to be eligible for aid and have received at their first family assistance payment SECTION 416(1) SANCTIONS- OPPOSED SUMMARY OF THE SECTION Thi~ ~ection provides that any participant who fails to parnc1pate Without good cause shall receive AFDC be- ne.fits only. f?r the children as long as they continue to fall to participate. Once they agree to participate, their fu~ benefits shall be restored. If the family member fruls to cooperate or participate a second time without good cause, then they will not be aided (but the chil- dren will) for a minimum of three months. No sanctions will be imposed until conciliation efforts have been made to resolve the issue. RECIPIENT IMPACT STATEMENT This section is an improvement over the current federal regulations, which allow for a six (6) month sanction of the entire family in the case of a two-parent family. The major problem with this section is that for the second offense it has a durational ineligibility period. To expect a family of four to live on an AFDC check for a family of ~wo is ridiculous. In the fmal analysis, the ones who w1ll suffer the most will be the children. These families may very easily become homeless. ~e. conciliation provisions in this section are very m1mmal an~ ~o not represent a meaningful protection to poor families from needless sanctions. -10- RECOMMENDATION San~tif!nS shall be impo_s:d only as long as the parnczpant refuses to parnczpate. Once the participant agrees to participate, the sanctions should be stopped immediately and aid for that person should restored effective on the day they agreed to participate. In many States, i~ ta~es the welfare agenc;: 45 days to process the applzcatwn of the person who zs reapplying for aid. If a p~rson ag!ee~ to pqrticipate and then refuses to partzczpate twzce m a gzven month, then that person and not the family, should be sanctioned for 30 days. ‘ Conciliation in this section is very limited. Conciliation wou~d.work if the State agency is required to notify the partzczpant by letter of the exact act judged to be nonpanicipation or noncooperation, what constitutes good cause, a proposed conciliation plan which would cur~ the allege~ noncooperation or nonparticipation, whzch shall be dzrectly related to the noncooperation or nonpar~icipation act, space for the participant to set fo_rth hzs o~ her proposed conciliation plan, if they dzsagree wuh the proposed conciliation of the State agency, and the names, addresses and telephone numb~rs of the local legal aid and welfare rights agenczes. If the participant agrees to the proposed conciliation and completes it, the State agency shall mail him or her a letter stating that the conciliation plan was successfully completed. Such !.2 conciliation process would resolve most of the sanctwns. Specific language for sanctions and conciliation can be found in CCWRO’s proposed \”Welfare Reform Bill\”. SECTION 416(m)- REGULATIONS- OPPOSED SUMMARY OF THE SECTION This section provides that regulations implementing the network. program ~ill ~ developed within six (6) months m consultation With the State agencies. RECIPIENT IMPACT STATEMENT Ther~ is no reason to promulgate regulations imple- menting the workfare provisions of this bill prior to -11- promulgating regulations for the improvements in HR 1720. In fact. we believe that the entire bill should become effective on the same date and that all of the regulations be promulgated at the same time. We also objec~ to the fact that ~nly the State agencies are consulted m the promulgation of the regulations and the representatives of the consumers of the program are ignored. RECOMMENDATION Title 1 of H.R. 1720 shall become effective when all other provisions of the bill become effective. -12- SECTION 416(n)- PERFORMANCE STANDARDS- OPPOSE SUMMARY OF THE SECTION This section sets forth the performance standards for States operating the network progam. The Secretary has one ( 1) year to establish performance standards in consultation with Congress, States and localities, edu- cators and other interested persons. These standards shall provide rewards to States who target their pro- gram to the designated groups as set forth in the prio- rities of the network program, rewarding States that provide intensive services to participants, rewarding States that place strong emphasis on participation by volunteers, etc. RECIPIENT IMPACT STATEMENT The entire scheme of performance standards evolve around how much more the federal government will give the State to do what the States are already required to do. There are no penalties when the State violates the law. There are no real performance requirements- the basic requirement being that the States get paid based upon the number of persons they are directly responsible for getting a job and it has been verified. It is interesting that the Secretary has six (6) months to develop regulations, and the Secretary can take action on State plans immediately, long before any perfor- mance standards are developed. It is evident that performance standards are not requi- red to assure that taxpayers get a fair return on their investment; rather, it is for the sole purpose of giving more money to States without any adequate controls and accountability for the program operation. Of course, the participants will be held accountable. If the participant fails to cooperate, severe sanctions are invoked. If the State fails to comply with the law, it wil not even get a slap on the wrist. RECOMMENDATION. Rewards should be equitably divided between the par- ticipants and the States. States should only receive funding for the number of mandatory participants who obtained, maintained and whose employment has been verified. States will receive additionalfundingfor providing ser- vices to volunteers and persons who have been on aid continously for six (6) years, without consideration that these persons find employment. This would assure that States would target their ser- vices to long term recipients and volunteers SECTION 416(o) and (p) CONTINUING EV ALU- ATION AND UNIFORM REPORTING REQUI- REMENT -OPPOSE SUMMARY OF THE SECTION This section provides that the Secretary shall contin- uously evaluate the program and establish uniform re- porting requirements. RECIPIENT IMPACT STATEMENT The General Accounting Office published a report sta- ting that HHS failed to establish any kind of evaluation or reporting requirements upon the States. This section grants discretion to the Secretary discretion to establish an evaluation and reporting requirement, when it has al- -13- ready been demonstrated that HHS is not interested in monitoring State welfare agencies. Thus, Congress needs to be very specific in the statute in identifying the contents of the States’ reports to insure that the infor- mation flowing from the States will provide adequate information so that Congress can evaluate the Pro- gram. RECOMMENDATION The statute should provide for specified types of in- formation that state agencies shall provide HHS to assure that an adequate evaluation can be done of the program. CCWRO has made a copy of its \”Welfare Reform Bill\” which contains the necessary language for this section. -14- SECTION 102- FEDERAL MATCHING RATES- OPPOSE SUMMARY OF THE SECTION This section provides that the federal government would contribute 60% towards the administration of the network program and the appropriation would be open-ended. RECIPIENT IMPACT STATEMENT W,e oppose having an open-ended appropriation for this program, when a program such as Food Stamps is a close-ended appropriation. Moreover, an open-ended appropriation without any safeguards for State abuses sets a dangerous precedence. RECOMMENDATION The appropriation should be close-ended and should be based upon the actual cost of serving volunteers and persons who have been on aid continously longer than six (6) years. Mandatory participants shall only funded if they obtain and maintain a job that is a direct result c their participation in the network that has been verified SECTION 104- EFFECTIVE DATE- OPPOSE SUMMARY OF THE SECTION The network statute becomes effective on October 1, 1989. Other portions of the act, such as the inclusion of two-parent families become effective in 1990, the AFDC benefit increases become effective 1992, etc. RECIPIENT IMPACT STATEMENT Generally statutes that benefit recipients are last to go -15- into effect, or are repealed before they go into effect, and statutes that are not designed to help the poor are the first ones to be implemented. RECOMMENDATION. The provisions of network shall go into effect as soon as all of the other sections of the bill have gone into effect and no sooner. ABOUT THIS PUBLICATION – The recipient impact statements of the NETWork program is a product of intense discussions with welfare advocates who, combined, represent centuries of experience in workfare programs. Legal analysis was done by Grace Galligher, Attorney at law. The primary author of the report was Kevin Aslanian, who has been actively involved in welfare rights advocacy for over 15 years. He is also a former recipient of welfare programs. CCWRO wishes to express its appreciation to all persons who participated in this project and to those who will read this analysis. Language implementing many of the recommendations contained in this report are embodied in the CCWRO \”Welfare Reform Proposed Bill of 1987\”, which has been made available to most congressional offices. Persons wanting copy of this publication should contact CCWRO at 1900 \”K\” Street, Suite 203, Sacramento, CA 95814, or call (916) 442-2901. STOP H.R.1720 ABOUT CCWRO CCWRO is an organization of welfare recipient organizations throughout the State of California. We also work with welfare rights organizations throughout the nation. CCWRO publishes a monthly publication called the \”California Workfare Reporter\”. CCWRO has also published an analysis of families who were victimized by the workfare and welfare program operators. Our publications and analysis are based upon the true stories and views of the poor people who participate in the various public assistance programs throughout the United States of America. CCWRO has testified before Congress relative to workfare programs several times during the past few years. ”
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Document HR 5861 2018 House TANF Reauthorization Bill Recipient Impact Statement

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HR 5861 2018 House TANF Reauthorization Bill Recipient Impact Statement.docx

” RECIPIENT IMPACT STATEMENT HR 5861 Jobs and Opportunity with Benefits and Services for Success Act A segregated work program for America’s poor families Eliminating the appearance of a program that pays poor families with babies & children to meet their basic survival needs. [image: CCWRO Logo] [image: ] Kevin M. Aslanian, Executive Director Coalition of California Welfare Rights Organizations 1111 Howe Avenue, Suite 150, Sacramento, CA 95825-8551 Phone (916) 712-0071 Email: [email protected] ccwro.org SUMMARY OF HR 5861 AND TANF HR 5861 changes the name from Temporary Assistance to Needy Families to Jobs and Opportunity with Benefits and Services for Success Act . Finally, an honest name for the current segregated program that for most part did not aid impoverished families with babies and children to meet their basic survival needs. The new bill allows states to take 50% of the federal allocation and give it to the Child Care Block Grant, and 10% to Child Welfare Services. It allows states to use their 75% or 80% maintenance of efforts (MOE) money for anything they want in order to meet the four purposes of TANF, which often, if not always, has nothing to do with meeting the basic survival needs of the impoverished families with babies and children such as; housing, utilities, clothing and other basic necessities of life. A fancy title like Joining Opportunity and Benefits is meaningless when the program is fundamentally flawed. The JOBS program will be operated by the state welfare offices and not the state employment or workforce development offices, thereby segregating TANF employment-seekers from non TANF employment-seekers. Welfare workers are not employment workers. Carpenters cannot be doctors. That is what the Soviet Union tried – to make workers be corporate executives. It did not work. It has also failed miserably with TANF and it will fail with JOBS. TANF has been a boom for States and a nightmare for impoverished families with babies and children. Nationally, a meager 25% of the funds go to payment to families while under AFDC, 70% of the funds went to payments to families . The rest of the billions of dollars are a boom for states and welfare administrators. The authors of HR 5861 forgot that TANF was temporary assistance to needy families and not aid to non-needy states . The TANF program has been the most inefficient program insofar as administrative costs are concerned and reaching impoverished families with babies and children who endure deep poverty. Table #1 below reveals that while less than 10% of the SNAP ( also known as food stamps) funds are used for administrative costs to get food stamps to over 44 million Americans, the TANF program used 75% of the TANF funds to get a mere 4 million persons help. TABLE #1 TANF ADMIN COSTS COMPARED TO SNAP (Food Stamp) ADMIN COSTS SNAP Payment to Needy Beneficiaries All Other Costs- Administrative Costs Percentage of Administrative Costs 66.5 billion $7.8 billion 10% TANF Payment to Needy Beneficiaries All Other Costs-Administrative Costs Percentage of Administrative Costs $7 billion $21.3 billion 75% Table #2 below, reveals how much of the money needy families get each month, state by state. Nationally, the average TANF monthly benefit is equal to 10% of the federal poverty level. This is a clear case of federal and state child abuse .Nationally, the average TANF monthly benefit is equal to 10% of the federal poverty level. This is a clear case of federal and state child abuse . HR 5861 does nothing to correct this deplorable two-decade long abuse of America’s impoverished families with babies and children. In fact, HR 5861 allows states to continue to use most of its TANF\/JOBS money for expenditures other than payments to families , rather than following the example of the SNAP program which makes sure at least 90% of the funds go to feeding people in need and not feeding state and welfare administrators. While many states have a higher maximum aid payment, that does not represent what the impoverished family with babies and children are actually living on each month. In fact, most TANF families do not get the maximum aid for their family size. The state TANF programs are infested with sanctions, penalties and barriers to assure the needy get no help while making more money available for State Legislators and Welfare Administrators. Now, TANF proponents and state administrators would argue that this does not correctly represent what is happening in their states, and they may be right, but states were at the table when the federal reporting process was developed. Beneficiaries and their advocate representatives were intentionally excluded. Table #2 is based on the FY 2016 Trump Administration reports. This is what states report to HHS and this is what HHS makes public. TABLE #2 2016-2017 Monthly Average Payments % of Federal Poverty Level 2016-2017 Monthly Average Payments % of Federal Poverty Level U.S. TOTAL $ 165 10% MISSOURI $ 141 8% ALABAMA $ 96 6% MONTANA $ 163 9% ALASKA $ 383 22% NEBRASKA $ 173 10% ARIZONA $ 92 5% NEVADA $ 155 9% ARKANSAS $ 82 5% NEW HAMPSHIRE $ 97 6% CALIFORNIA $ 140 8% NEW JERSEY $ 319 18% COLORADO $ 145 8% NEW MEXICO $ 176 10% CONNECTICUT $ 252 15% NEW YORK $ 373 22% DELAWARE $ 146 8% NORTH CAROLINA $ 130 8% DIST.OF COLUMBIA $ 781 45% NORTH DAKOTA $ 122 7% FLORIDA $ 171 10% OHIO $ 149 9% GEORGIA $ 247 14% OKLAHOMA $ 108 6% HAWAII $ 241 14% OREGON $ 61 4% IDAHO $ 236 14% PENNSYLVANIA $ 147 8% ILLINOIS $ 153 9% RHODE ISLAND $ 204 12% INDIANA $ 104 6% SOUTH CAROLINA $ 112 6% IOWA $ 121 7% SOUTH DAKOTA $ 184 11% KANSAS $ 130 8% TENNESSEE $ 101 6% KENTUCKY $ 140 8% TEXAS $ 72 4% LOUISIANA $ 122 7% UTAH $ 184 11% MAINE $ 32 2% VERMONT $ 159 9% MARYLAND $ 216 12% VIRGINIA $ 173 10% MASSACHUSETTS $ 151 9% WASHINGTON $ 144 8% MICHIGAN $ 179 10% WEST VIRGINIA $ 154 9% MINNESOTA $ 173 10% WISCONSIN $ 194 11% MISSISSIPPI $ 77 4% WYOMING $ 294 17% Source: HHS OFA Report TANF Unobligated Funds For 2016-2017, states had over $3 billion unobligated TANF funds that states sat on while impoverished families with babies and children endured deep poverty which impedes the development of a child’s brain in early ages, resulting in blatant Federal and State Child Abuse . Thus, the long-time cry for increased TANF block money for States would not help poor babies and children, but it would be very beneficial for state budget writers and the welfare administrators. TABLE #3 reveals the benefit levels had States used the unobligated funds to issue payments to families living in deep poverty rather than hoarding the money while children living in deep poverty endured irreparable harm for life. TABLE #3 Average Assistance Payment for a TANF Family of Three (3) with 2016-2017 Unobligated TANF Dollars 2016-2017 Average TANF Payment Benefits with unobligated month 2016-2017 Average TANF Payment Average Benefits with unobligated month U.S. TOTAL $165 $235 MISSOURI N\/A N\/A ALABAMA $96 $325 MONTANA $163 $471 ALASKA $383 $903 NEBRASKA $173 $572 ARIZONA $92 $123 NEVADA $155 $208 ARKANSAS $82 $286 NEW HAMPSHIRE $97 $603 CALIFORNIA N\/A N\/A NEW JERSEY $319 $439 COLORADO $145 $314 NEW MEXICO N\/A N\/A CONNECTICUT N\/A N\/A NEW YORK $373 $408 DELAWARE $146 $208 NORTH CAROLINA $130 $186 DIST.OF COLUMBIA $781 $1,307 NORTH DAKOTA $122 $323 FLORIDA $171 $233 OHIO $149 $156 GEORGIA $247 $305 OKLAHOMA N\/A N\/A HAWAII $241 $1,258 OREGON $61 $61 IDAHO $236 $1,006 PENNSYLVANIA $147 $424 ILLINOIS $153 $289 RHODE ISLAND $204 $257 INDIANA $104 $1,521 SOUTH CAROLINA N\/A N\/A IOWA $121 $141 SOUTH DAKOTA $184 $488 KANSAS $130 $132 TENNESSEE $101 $645 KENTUCKY $140 $234 TEXAS N\/A N\/A LOUISIANA N\/A N\/A UTAH $184 $1,114 MAINE $32 $180 VERMONT N\/A N\/A MARYLAND $216 $216 VIRGINIA $173 $405 MASSACHUSETTS $151 $151 WASHINGTON $144 $192 MICHIGAN $179 $399 WEST VIRGINIA $154 $459 MINNESOTA $173 $315 WISCONSIN $194 $512 MISSISSIPPI $77 $448 WYOMING $294 $1,825 N\/A No unobligated money Section by Section Analysis of HR 5861 Section 4: Re-Naming of Program. ANALYSIS OF THIS SECTION: HR 5861 would re-name the former ADC\/AFDC\/TANF program, designed to aid poor families, into an anti-family, segregated work program for persons under 200% the federal poverty level. The Temporary Assistance Program for Needy Families will now be the Jobs and Opportunity with Benefits and Services for Success Act”. RECIPIENT IMPACT STATEMENT: This bill would put the final nail in the coffin in the only program that aids America’s impoverished families with babies and children to pay for housing, clothing, heat to cook and eat. This is now a segregated employment program operated by welfare administrators masquerading as employment administrators. Section 5: Helping More Americans Enter and Remain in the Workforce. ANALYSIS OF THIS SECTION: This section extends the non-assistance payments to persons and families to promote healthy marriages and responsible fatherhood, and access to child care, which is where most of the money goes, into year 2023. RECIPIENT IMPACT STATEMENT: This would help very few poor families with babies and children to meet the basic survival needs. It fails to make sure that the funds are used for needy families and not the families and persons living on incomes between 150% of 200% of the federal poverty level. However, the reality is that most of the TANF money is used to provide non-assistance payments to families who do not qualify for assistance payments . Congress should limit JOBS Success money to only assistance payments and enact another law for the non-real-needy families and persons to get non-assistance payments . Section 6: Expecting Universal Engagement and Case Management. ANALYSIS OF THIS SECTION: This section restates and codifies the existing practice. The parent shoulders the burden of the obligations to meet any of these, often unreasonable, obligations without a mandate to verify that they have necessary supportive services, which would result in loss of all assistance payments for the family in most states. RECIPIENT IMPACT STATEMENT: This section requires every parent receiving assistance payments , who is work eligible, to enter into a plan called a personal responsibility plan implying that TANF beneficiaries are irresponsible and need to be whipped into submission to the state welfare administrators to become responsible. The reality is that welfare recipients would rather work than even deal with the often abusive welfare system of America. This provision has zero equitable accountability provisions for State Welfare Administrators. All of the harsh and life-threatening consequences are solely imposed upon the babies and children of impoverished families. The process is set up to force the parent into total submission (dependency) to the state welfare administrators while giving the parent very little input on how they want to achieve opportunity and self-sufficiency . You cannot achieve independence when the program, allegedly designed to lead you to independence, forces you to become totally dependent on the welfare administrators when formulating your path to independence. Finally, this bill provides that the state agency may refer a parent with employment barriers such as mental health or opioid issues for services. If the state decides that they don’t want to refer an individual with opioid and mental issues for services, then the individual will fail, and the state agency could sentence the family to deep poverty by terminating their benefits knowing well all the time that the individual was not capable meeting the demands of the welfare administrators. This will make more money available for State Welfare Administrators for non-assistance payments . TIMING – 608(b)(3) provides that within 180 days of the enactment of this bill all TANF recipients should have a plan that outlines what the individual has to do and says nothing about what the state agency has to do. For applicants it requires a plan within 60 days. Under current law, States have 90 days to do the plan. ANALYSIS OF THIS SECTION: It is unclear how States would implement this section within 180 days. There is no requirement that the individual has to actually have child care and transportation, if they need it, before they are commanded by state welfare administrators to come to a meeting to develop a plan. RECIPIENT IMPACT STATEMENT: This section impedes the ability of the individual to achieve the goals of this legislation. They are forced to submit to the inefficient process of in-person plan development rather than a more cost-effective process using the 21st century tools available for state welfare administrators. There is no provision that the plan can be done electronically for rural families or telephonically for persons with transportation challenges. It allows States to use the 19th century methods to operate a program in the 21st century. PENALTIES – 608(b)(4) provides for unconscionable penalties that state welfare administrators impose upon impoverished babies and children living with their parents that amounts to federal and state child abuse . These penalties are terminating all benefits to the family period. The concept who shall work shall eat was the primary talking point of V. Lenin of the failed Soviet Union. That same talking point is being used in 2018 by United States lawmakers and welfare administrators. ___________________________ ANALYSIS OF THIS SECTION: There have been no equitable sanctions imposed upon state welfare administrators by the federal government in the history of TANF. In fact, state non-compliance TANF penalties have always been a joke compared to the penalties that the state welfare administrators slam upon impoverished babies, children living with their natural parents. RECIPIENT IMPACT STATEMENT: The concept who shall work shall eat was the primary talking point of Vladimir Lenin of the failed Soviet Union. That same talking point is being used in 2018 by United States lawmakers and welfare administrators for HR 5861. These unconscionable full family state penalties and sanctions have devastated millions of families in America. They are barbaric and inhuman. PERIODIC REVIEWS- 608(b)(5) provides that State shall review and assess the individual’s participation in the state TANF program. ANALYSIS OF THIS SECTION: This section is rather rigid without any real purpose have individuals, already participating, meet with the welfare worker? For what? The law already requires that individuals make satisfactory progress in their assigned activity. This should be the individuals’ option and not the government option. RECIPIENT IMPACT STATEMENT: Many individuals in the TANF program are already working and meeting the TANF work participation requirements (WPR). Requiring a working person to take a day off every 90 days to meet with the welfare worker could lead the employer to wonder who is this person working for? Me or the welfare office? There are also transportation and child care challenges that many participants face that would often lead to penalties and sanctions which is what many TANF recipients think the TANF program is all about in the first place and they are right. Periodic Reviews should be the individuals’ option and the government should be there to accommodate rather than imposing its will on the low-income citizenry. Section 7: Promoting Accountability by Measuring Work Outcomes. Performance & Accountability by Measuring Work Outcome – 607 provides for accountability by measuring work outcomes. ANALYSIS OF THIS SECTION: This section provides that the federal government and each state government would decide how to measure the success of a program designed to help TANF beneficiaries achieve self-sufficiency. RECIPIENT IMPACT STATEMENT: It is hard to have faith in a program that is developed and measured by the program operators without the meaningful and full participation of the people – beneficiaries of the TANF program and their representatives. Publication of State Performance on HHS Online Dashboard – 607(b) would require HHS to publish state performance data on a dashboard. ANALYSIS OF THIS SECTION: This section requires HHS to publish performance data for each state. RECIPIENT IMPACT STATEMENT: It would be nice to see what State says they are doing. However, each state would be able to negotiate with HSS as to what their performance requirements would be, thus making it impossible to measure one state against another state. Would this information be required to be submitted under penalty of perjury by state officials? States and counties often make reports and then assert that the reports are not reliable, or they do not reflect what is really happening with the program. Modification of Rules for Determining Whether an Individual is Engaged in Work – 607(c) participation requirements for TANF recipients. ANALYSIS OF THIS SECTION: This section provides for the 20\/30\/35\/55-hour participation requirements for TANF participants in activities selected by the state welfare administrators. RECIPIENT IMPACT STATEMENT: These participation requirements exclude giving credit for TANF beneficiaries who on their own, without any prodding from the State paid welfare administrators, embark upon an activity that should lead to self-sufficiency. This section ignores the immense desire of TANF beneficiaries to achieve self-sufficiency on their own without big brother government telling them what they can and cannot do as if they cannot think for themselves. Modifications to Allowable Work Activities – 607(d) participation requirements for TANF recipients. ANALYSIS OF THIS SECTION: This section provides what are federally acceptable work activities. RECIPIENT IMPACT STATEMENT: These participation requirements exclude giving credit for TANF beneficiaries who on their own, without any prodding from the State paid welfare administrators, embark upon an activity that should lead to self-sufficiency. This section ignores the immense desire of TANF beneficiaries to achieve self-sufficiency on their own without big brother government telling them all the time what they can and cannot do as if they cannot think for themselves. Section 8: Targeting Funds to Truly Needy Families. ANALYSIS OF THIS SECTION: This section provides that JOBS funds cannot be used for families and persons who having income in excess of 200% of the federal poverty level and allows states to use all the money they want for case management. It would also allow 50% of the federal allocation be transferred to the Child Care Block Grant, and 10% to Child Welfare Services. It also allows states to use their 75%\/80% maintenance of efforts money for anything the States want that meets the four purposes of the TANF\/JOBS purposes RECIPIENT IMPACT STATEMENT: This section makes it crystal clear that the real purpose of HR 5861 is to gives States absolute access to federal money to do whatever they want to do except for assuring that 80% of the JOBS money goes to payment to families and not payments to states and state welfare administrators for non-assistance payments . Section 9: Targeting Funds to Core Purposes. ANALYSIS OF THIS SECTION: This section requires that 25% of the federal funds and 25% of the state MOE be used for JOBS eligible families for expenses such a payments to families, case management, transportation and other supportive services RECIPIENT IMPACT STATEMENT: This provision in no way makes any improvements for meeting the basic survival needs of America’s impoverished families living in deep poverty. Congress could not even make sure that a meager 25% of the federal block grant be designated to meet the basic survival needs of America’s impoverished families living in deep poverty in the form of payment to families – it left a big loophole for States to use that money for many things, other than payments to families . Section 14: Strengthening Accountability through HHS Approval of State Plans. ANALYSIS OF THIS SECTION: This section would require the State to write up a State Plan and submit it to HSS and Department of Labor (DOL) for approval. Currently, state plans are submitted to HHS and DOL, but there is no requirement for HHS to approve or disapprove the plan. It is just paper shuffling. The plans shall be publicly available. RECIPIENT IMPACT STATEMENT: Rarely do State plans really tell the public what the State is going to do with the money they get, but it is better than having no information at all. None of these plans would reflect what the beneficiaries of the program want because the beneficiaries and their advocate representatives are excluded from the process. It is top down. [bookmark: _GoBack] Section 15: Aligning and Improving Data Reporting ANALYSIS OF THIS SECTION: This section would require the State to report to HSS work activities in which individuals are participating and employment outcomes. RECIPIENT IMPACT STATEMENT: This reporting only applies to less than 25% of the beneficiaries of the TANF\/JOBS program receiving assistance payments . The majority of the beneficiaries of the TANF\/JOBS federal block grants and MOE do not receive an assistance payment , thus, there is nothing to report. What happens to the people who get the non-assistance payment ? Who cares! Section 16: Technical Corrections to Data Exchange Standards to Improve Program Coordination. ANALYSIS OF THIS SECTION: This section would establish an interagency workgroup established by OMB to consider state perspective for data exchange. RECIPIENT IMPACT STATEMENT: Again, Congress has excluded the program beneficiaries and their advocate representatives from the process. Including beneficiaries and advocates would assure that any data collected would correctly and honestly reflect the true impact that this program has on the lives of impoverished families with babies of children who endure deep poverty. Section 17: Set-Asides for Economic Downturns. ANALYSIS OF THIS SECTION: This section would allow states to set aside 15% of their TANF\/JOBS allocation for three years. RECIPIENT IMPACT STATEMENT: States should not be allowed to hoard money unless they are issuing assistance payments that is at least 100% of the federal poverty. To hoard federal dollars while babies and children are enduring deep poverty is certified 21st century child abuse. The effective date of HR 5861 is October 1, 2018 ABOUT CCWRO The Coalition of California Welfare Rights Organizations, Inc. (CCWRO) is a statewide nonprofit organization represents beneficiaries of public benefits throughout the State of California since 1982. CCWRO provides consultation, information and representation on issues relating to means-tested public benefit programs such as: CalWORKs, Food Stamps, General Assistance, SSI, Welfare to Work and other Public Assistance Programs. CCWRO maintains current information on the status of pending or recently enacted state and federal legislation and regulations which we have identified as being important to beneficiaries of means-tested public benefit programs. CCWRO also collects and monitors statistical information relating to means-tested public assistance programs throughout California and to some extent nationally. CONTACT PERSON Kevin Aslanian Email: [email protected] Tel. (916) 712-0071 Fax (916) 736-2645 1111 Howe Ave, Suite 150, Sacramento, CA 95816 www.ccwro.org 2 MWC leu ”
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  7. June 20, 2019 House Agriculture Committee Subcommittee on Nutrition, Oversight, and Department Operations The Potential Implications of Eliminating Broad-Based Categorical Eligibility for SNAP Households 6-20-19

Document June 20, 2019 House Agriculture Committee Subcommittee on Nutrition, Oversight, and Department Operations The Potential Implications of Eliminating Broad-Based Categorical Eligibility for SNAP Households 6-20-19

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” TESTIMONY OF KEVIN ASLANIAN, EXECUTIVE DIRECTOR COALITION OF CALIFORNIA WELFARE RIGHTS ORGANIZATIONS June 20, 2019 House Agriculture Committee Subcommittee on Nutrition, Oversight, and Department Operations The Potential Implications of Eliminating Broad-Based Categorical Eligibility for SNAP Households Dear Chairperson Fudge: It was interesting to watch a hearing relative to the Administration’s unlawful attempt to eliminate broad-based categorical eligibility (BBCE) for the SNAP program. The purpose of the BBCE is to make the program bureaucratically more efficient. However, it is vehemently opposed by the members of the committee who support the SNAP bureaucracy at the expense of taking food out of the mouths of America’s food insecure the Republicans.The fact is that under AFDC 70% of the of funds were used for payments to families while 30% were used payments for the bureaucracy while under TANF only 30% is used for payments to families while a whopping 70% goes to the bureaucracy . While this was a hearing about the BBCE, most of the time used the Republican members of the subcommittee was all about work and turning the SNAP program into a work program. A state official was testifying about how Alabama does miracles for the poor. Alabama is the 6th poorest state in the country. It has 17.2 of its population living in poverty. In Alabama there are about 90,000 families living in poverty and only a meager 8,500 are receiving TANF benefits. Alabama requires a parent applying for TANF to do job search, without any assistance, before their TANF application is even considered. If they cannot do the job search, because they do not have money for transportation or child care application denied mission accomplished caseload goes down. A pregnant woman is not eligible for TANF in Alabama. Alabama is also a big anti-abortion state because they care about the unborn but not enough to make them eligible for TANF not those unborn! If a family of family of three (3) earns over $286 a month, they are ineligible for TANF in Alabama. As we said, the hearing was mostly about workfare and who shall work shall eat concept practiced in the Soviet Union, Vladimir Lenin. I was raised in the Soviet Union where the communist slogan was who works shall eat that sounded very barbaric. The flip side of that statement is who does not work shall starve and die. But that is exactly Ranking Member Dusty Johnson, South Dakota, Scott DesJarlais, Tennessee, Rodney Davis, Illinois, Ted Yoho, Florida, Don Bacon, Nebraska, Jim Hagedorn, Minnesota were saying. It is interesting that while Lenin applied the work rule to all citizens of the Soviet Union, Ranking Member Dusty Johnson, South Dakota, Scott DesJarlais, Tennessee, Rodney Davis, Illinois, Ted Yoho, Florida, Don Bacon, Nebraska, Jim Hagedorn, Minnesota only apply this Leninist rule to the poor of America, who are disproportionately minorities and do not look like Ranking Member Dusty Johnson, South Dakota, Scott DesJarlais, Tennessee, Rodney Davis, Illinois, Ted Yoho, Florida, Don Bacon, Nebraska, Jim Hagedorn, Minnesota. The hearing was peppered with praise form Ranking Member Dusty Johnson, South Dakota, Scott DesJarlais, Tennessee, Rodney Davis, Illinois, Ted Yoho, Florida, Don Bacon, Nebraska, Jim Hagedorn, Minnesota for the FAILED TANF program. The TANF program that has been fleecing millions to fatten up the state bureaucracies at the expense of impoverished families of America. I have not seen anything in the bible that says, people who do not work shall starve . Maybe Ranking Member Dusty Johnson, South Dakota, Scott DesJarlais, Tennessee, Rodney Davis, Illinois, Ted Yoho, Florida, Don Bacon, Nebraska, Jim Hagedorn, Minnesota can share the passage from the Bible that says who shall work shall eat? The fact is that under AFDC 70% of the of funds were used for payments to families while 30% were used payments for the bureaucracy . Under TANF only 30% is used for payments to families while a whopping 70% goes to the bureaucracy . Republicans have become the Party of the Bureaucracy and not the People. There are many other public assistance programs that the federal government funds that do not have a work requirement, like government welfare benefits to the billionaire class who got 82% of the tax bill last year. None of them have to work 30 hours a week to show that they deserve the millions they fleece from U.S. taxpayers with the help of their lobbyist in Washington D.C. [bookmark: _GoBack]We support the BBCE because it would reduce the unnecessary expenditures for the bureaucracy that can be used to feed the food insecure of America and we do not believe that a human being should starve because they are not working. That is barbaric and unchristian. I have not seen anything in the bible that says, people who do not work shall starve . Maybe Ranking Member Dusty Johnson, South Dakota, Scott DesJarlais, Tennessee, Rodney Davis, Illinois, Ted Yoho, Florida, Don Bacon, Nebraska, Jim Hagedorn, Minnesota can share the passage from the Bible that says who shall work shall eat? [image: ]Kevin Aslanian, Executive Director Coalition of California Welfare Rights Organizations 1111 Howe Ave., Suite 150, Sacramento, CA 95825 Phone 916-712-0071 Email: kevin.aslanian@ccwro, org ”
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  7. March 11, 1987 – CCWRO Testimony Before House Ways & Means Committee Subcommittee on Public Assistance and UI – Welfare Reform

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” Testimony of Kevin M. Aslanian, Executive Director Coalition of California Welfare Rights Organizations, Inc. ccwro.org 1901 Alhambra Blvd., Sacramento, CA 95816-7012 Telephone 916-736-0616 Cell 916-712-0071 [email protected] Before the Subcommittee on Income Security and Family Support House Committee on Ways and Means Hearing on TANF’s Role in Providing Assistance to Struggling Families CCWRO’s VIEW OF WELFARE REFORM Welfare Reform generally turns out to be Deform. For the past 30 years most of the so-called welfare reform proposals have proposed and enacted changes that make things worse for the impoverished children and families on welfare. What was the primary message of current Temporary Assistance to Needy Families (TANF) P.L. 104-193 – the 1996 welfare Deform bill? The message is anti-family and anti-child. There are two clear messages in the current program: (1) working is more important that parenting ; and (2) your job is the most important thing in your life. Your family comes after your job. Most people view their family and parenting as the most important missions in their lives – but not for poor families and children in the United States of America. To this day welfare officials and politicians continue to insist that working is more important than parenting. Although after the 1996 TANF Bill caseloads went down, the truth is poverty has gone up. The caseloads went down because people started timing out (60 month limit). This meant families stopped receiving aid they still needed Under TANF 70% of funding money goes to the welfare bureaucracy and only 30% goes to the payments to families with children. Before TANF 80% of the AFDC money went to payments to families. TANF has been a resounding success for the welfare bureaucrats and catastrophe for the poor. What is Real Welfare Reform? Real welfare reform is to make things better for families and children. Under the current TANF program many women have to participate in a workfare activity for the welfare bureaucrats the day after their baby is born. No breast-feeding for many poor babies born in America this is known in some quarters as welfare reform . Parents should be allowed to parent in dignity. If we can afford to give trillions to the rich and spend billions on wars of choice, why can’t we spend a miniscule part of that money on the impoverished families and children of America? Is this a Christian Nation? Do TANF recipients receive $33,000 a year? Mr. Rector of the Heritage Foundation asserts that welfare recipients receive $33,000 a year. Mr. Rector in his multipage testimony fails to identify one case number in the United States of America that receives $33,000 and receives TANF benefits. The reason is that there is no family that receives $33,000 a year in the United States of America except for families that exist in Mr. Rectors’ imagination. These are the same kind of lunatic claims that Bagdad Bob was making when the U.S. invaded Iraq and the Soviet propaganda machine was making during the cold war. The claim is that if a TANF family received every means tested benefit, and then the TANF family would receive $33,000. The reality is that not every TANF recipient is eligible for and able to receive benefits from every means tested program. However, it is understandable for Mr. Rector to believe that this can be done as his funders, many of whom are filthy rich, often are able to claim so many tax deduction that they end up not paying taxes on their multimillion dollar incomes. His hero, Ronald Reagan, a millionaire, did not pay taxes some years. Recipient View of TANF Reauthorization TANF is up for reauthorization in 2010. TANF has an ATM machine for States to bilk the TANF program for billions of dollars. Recently HHS released a comprehensive report entitled Eighth Annual Report to Congress – June 2009 : on the TANF program that reveals the magnitude to of the raid that States have launched on TANF money meant for the impoverished families. Majority of the money is used for reasons other than payments to poor families. http:\/\/www.acf.hhs.gov\/programs\/ofa\/data-reports\/index.htm#tanfdata In California TANF grant levels today are what they were in 1989. The Governor is proposing a 15.7% for 2010-2011. California’s TANF program has contributed over $15 billion to the California State general Fund since 1998. Not one penny of that $15 billion was ever used to feed or house children of impoverished families living in California. In 2010-2011 the Governor’s proposed budget has an estimated $2 billion TANF money scheduled as contribution to the California General Fund . To verify whether States have been helping impoverished families with needy children we looked at the TANF Report to Congress that reveals the utter contempt that States have for impoverished families with needy children. In 2008 only 31% of the TANF money was used for payments to families . This means 69% of the money was used for other reasons. Some may argue that they used the money for services, such as childcare and transportation. That may be true, but less than 2% of the money was used for childcare and 1% for transportation. What happened to 66% of the money? TABLE #1 reveals the percentage of total TANF funds used for payments to families during 2008. The TANF legislation provides that federal TANF dollars and the required state matching funds have to be used for four purposes: (1) keep needy children in family homes, (2) end dependence on government benefits, (3) reduce out of wedlock births and (4) encourage two parent households as direct assistance to the poor. With these elastic purposes majority of the TANF money can be used for just about anything other than providing payments to means tested impoverished families to meet their basic survival needs. Page 104 of the 2008 TANF Report to Congress shows what the maximum pay monthly benefits for a family of three has been in 1996, 1999, 2003 and 2006. In 24 states the benefits level for a family of three has remained the same from 1996 through 2006. 3 states actually had a higher payment level in 1996 than they did in 2006. District of Columbia 1996 $ 415 – 2006 $407 Hawaii 1996 $712 2006 $570 Idaho 1996 $317 2006 $309 43 states impose full family sanctions against families who allegedly failed to cooperate with the State Work Program. This shows the total contempt that majority of the States have for children; they punish innocent children for what their parents do. It should be noted that many of these children end up in foster care and it destroys families. Moreover, 70% of foster care kids end up in the United States prison system. 21 States punish children who were not aborted by their moms and were brought into this world while on welfare. The punishment meted out is not paying any cash assistance for the new born to women who choose not to have an abortion. This is called the family cap policy. Many of these kids end up in foster care because they are removed from the parent for the alleged neglect . The real neglectors are States that punishes women for not having an abortion. TANF has been an ATM machine for States bilking the program while totally neglecting impoverished families with children. TANF reauthorization should reverse this phenomenon and require that at least 70% of the total TANF funds be used for assistance payment to families . It shall also restrict states from denying aid to children for any behavior of the parents. Children should not be victimized due to the behavior of the parents with family caps, sanctions and other penalties against infants and minor children. There should be no time clock ticking for parents who are working. All of these punitive policies are a result of state flexibility which breeds full family sanctions, family caps, fleecing the TANF program and other anti-family and anti-child TANF policies RECIPIENT VIEW OF TANF RECOMMENDATIONS MADE BY WELFARE ADMINISTRATORS Maintain the base TANF funding and formula allocation, and fold current supplemental funds into each eligible state’s base. Increase the current level of overall funding for the basic TANF block grant using the Consumer Price Index (CPI) increase since 1996 and employ reasonable allocation methodologies for new funds. Extend availability of existing Emergency Contingency Funds (ECF) through FY2011 and explore adding funds prior to reauthorization. It is important that people practice what they preach. APHSA officials complain that the funding they receive in 2010 is the same that they received in 1996. That may be true, but how much do they pay the needy families? Their needs have also gone up? What States have done is taken from the poor families and increased their bureaucratic budgets. That is why 70% of the TANF money is used for the bureaucracy and 30% to house and feed the families. We OPPOSE increasing funding for TANF and indexing the TANF money for States that do not index the payment to families . Funding increases should come with strings because like the banks, state welfare bureaucracies have a proven track record of depriving the poor to enrich themselves. Establish a standardized MOE requirement at 75 percent. We OPPOSE establishing an across the board 75% MOE requirement. We would SUPPORT a 75% MOE requirement for those states that use 70% of more of their total federal and MOE allocation for payment to families . Payments to families should be defined as a cash aid payment to families to make sure that State do not employ manipulative policies that result in payment to families being something other than cash aid payments to families. Restore counting MOE under TANF purposes 3 and 4 without restriction to eligible families. We OPPOSE this recommendation as purposes 3 and 4 (reduce out of wedlock births and encourage two parent households as direct assistance to the poor) have been used to take money out the mouths of hungry children and use it for State to balance their budgets by manipulating the provisions of purposes 3 and 4. It is because of purposes of 3 and 4 that California has taken $15 billion from poor families and kept their grant levels at the same level in 2010 that they were in 1989. This is unconscionable. Revise regulatory penalty provisions, thus making the option of appeal more viable for states. We OPPOSE this recommendation and suggest that States receive the same type of appeals rights that they make available to TANF families. The current appeals process for States is most generous compared to the penalties that States impose on TANF families for allegedly not participating in a TANF activity. Many states provide that lack of childcare is not a god cause for nonparticipation. It is appalling. We would SUPPORT changing the State TANF penalty system to be consistent with the type of appeal process states make available to TANF recipients. CCWRO Recommendations for TANF Reauthorization 70% of the TANF money shall be used for assistance payments to families . Assistance payment shall be defined as cash aid payments to families; No penalties\/sanctions\/family caps against innocent children of America Many states punish children for what their parents do. This is cowardly behavior and it is immoral. It is child abuse. No child should be punished for what its parents do. There is no evidence that sanctions have resulted in any positive behavior. In fact, most businesses used the positive incentives rather than negative incentives to get desired outcomes. States always ask for positive incentives to produce desired outcomes and insist on a very vigorous appeal process before any negative penalties can be imposed upon them, yet they rarely practice what they preach when it comes for poor families of America. Stop the clock for working TANF families. There is no time clock for foster care payments, for social security payments, for congressional pensions, yet somehow tome limits have been imposed upon poor families. We believe time limits are immoral, but they are especially immoral for working persons. Protect Families from rogue States who refuse to have a TANF program California Governor Schwarzenegger has proposed to eliminate the TANF program for the second year in a row. This has caused great unrest in the low-income community. Children are at risk and they need to be protected. The elimination of the TANF program would mean that hundreds of thousands of families would break up, children will end up in foster care homes. We would SUPPORT legislation that would have the federal government operate the TANF program in lieu of the State. This can save a lot of money for the federal government. In California alone, it can save a billion or more each year. If Congress decides not to take over the TANF program from the states to stop the state fleecing of federal dollars, then at least Congress should adopt a process whereby the federal government would operate the TANF program if a state elects to opt out of the TANF program. 2008 Total TANF Basic Assistance Child Care Transp. Total Expend. For Expenditure Payments Non-Assistance TOTAL 28,129,745,092 8,648,970,019 31% 554,679,148 1.97% 323,605,580 1.15% 18,082,991,966 64% ALABAMA 142,703,450 40,713,175 29% 37,671 0.03% 4,900,361 3.43% 97,052,243 68% ALASKA 62,618,543 33,507,885 54% 7,443,863 11.89% 880,853 1.41% 20,785,942 33% ARIZONA 348,648,363 121,767,061 35% 0 0.00% 1,424,026 0.41% 225,457,276 65% ARKANSAS 144,429,058 13,515,457 9% 0 0.00% 0 0.00% 130,913,601 91% CALIFORNIA 6,687,297,080 3,252,007,950 49% 192,761,394 2.88% 139,782,105 2.09% 2,937,310,095 44% COLORADO 230,522,823 42,639,891 18% 0 0.00% 2,634,585 1.14% 185,248,347 80% CONNECTICUT 496,433,622 100,482,895 20% 4,480,387 0.90% 0 0.00% 389,671,996 78% DELAWARE 68,010,869 13,475,885 20% 1,621,354 2.38% 0 0.00% 52,913,630 78% DIST.OF COLUMBIA 160,828,810 21,414,961 13% 0 0.00% 0 0.00% 139,413,849 87% FLORIDA 948,327,470 158,913,733 17% 15,898,847 1.68% 635,998 0.07% 772,878,892 81% GEORGIA 614,970,867 74,073,720 12% 23,098,641 3.76% 18,977,631 3.09% 498,820,875 81% HAWAII 229,161,027 48,682,475 21% 0 0.00% 0 0.00% 180,478,552 79% IDAHO 34,736,983 5,505,784 16% 0 0.00% 82,262 0.24% 29,148,937 84% ILLINOIS 1,013,298,702 60,486,523 6% 0 0.00% 2,463,217 0.24% 950,348,962 94% INDIANA 307,914,275 76,018,087 25% 0 0.00% <1,315,337> 0.00% 233,211,525 76% IOWA 172,539,579 60,106,428 35% 10,194,971 5.91% 3,012,950 1.75% 99,225,230 58% KANSAS 176,155,602 46,132,310 26% 9,790,508 5.56% 7,440,574 4.22% 108,333,225 61% KENTUCKY 193,155,383 106,151,412 55% 11,828,452 6.12% 6,190,026 3.20% 68,985,493 36% LOUISIANA 172,783,957 37,860,309 22% 8,368,074 4.84% 1,340,716 0.78% 125,214,858 72% MAINE 126,825,275 70,200,037 55% 7,649,780 6.03% 18,309,820 14.44% 30,665,638 24% MARYLAND 405,147,673 113,031,371 28% 124,464 0.03% 86,880 0.02% 291,904,958 72% MASSACHUSETTS 915,028,670 293,351,120 32% 0 0.00% 0 0.00% 621,677,550 68% MICHIGAN 1,229,605,394 337,949,681 27% 47,083,998 3.83% 0 0.00% 868,796,780 71% MINNESOTA 434,519,789 70,883,104 16% 0 0.00% 0 0.00% 363,636,685 84% MISSISSIPPI 91,104,043 18,481,700 20% 0 0.00% 6,821,883 7.49% 65,800,460 72% MISSOURI 332,477,116 113,778,808 34% 0 0.00% 0 0.00% 218,698,308 66% MONTANA 39,140,456 14,226,840 36% 1,313,990 3.36% 0 0.00% 21,422,047 55% NEBRASKA 94,112,951 23,167,357 25% 0 0.00% 0 0.00% 70,945,594 75% NEVADA 84,705,650 24,292,338 29% 1,411,542 1.67% 5,030,033 5.94% 53,971,737 64% NEW HAMPSHIRE 85,297,320 23,824,195 28% 0 0.00% 0 0.00% 54,775,926 64% NEW JERSEY 954,549,189 200,065,680 21% 26,374,178 2.76% 17,117,303 1.79% 710,992,028 74% NEW MEXICO 128,692,434 55,006,875 43% 2,895,258 2.25% 199,255 0.15% 70,591,046 55% NEW YORK 4,422,854,615 1,428,242,373 32% 101,983,998 2.31% 0 0.00% 2,632,069,218 60% NORTH CAROLINA 446,893,081 79,891,677 18% 0 0.00% 0 0.00% 366,010,956 82% NORTH DAKOTA 37,086,344 7,630,285 21% 1,016,606 2.74% 126,630 0.34% 18,845,112 51% OHIO 1,501,163,076 307,203,938 20% 0 0.00% 10,702,454 0.71% 1,183,256,684 79% OKLAHOMA 175,918,077 20,707,125 12% 10,989,081 6.25% 19,094,071 10.85% 114,424,686 65% OREGON 309,176,612 91,724,605 30% 23,404,314 7.57% 8,388,665 2.71% 157,873,772 51% PENNSYLVANIA 961,552,372 218,530,827 23% 0 0.00% 19,246,350 2.00% 723,775,195 75% RHODE ISLAND 109,182,938 40,730,642 37% 1,568,972 1.44% 157,351 0.14% 66,725,973 61% SOUTH CAROLINA 170,362,249 34,628,615 20% 0 0.00% 3,247,351 1.91% 132,486,283 78% SOUTH DAKOTA 28,545,277 12,784,415 45% 802,914 2.81% 0 0.00% 7,731,088 27% TENNESSEE 290,193,867 93,722,337 32% 23,928,314 8.25% 454,178 0.16% 172,089,038 59% TEXAS 821,875,550 98,128,017 12% 0 0.00% 249,439 0.03% 677,074,708 82% UTAH 85,708,335 24,891,496 29% 6,482,243 7.56% 1,547,667 1.81% 52,786,929 62% VERMONT 72,143,568 26,058,457 36% 0 0.00% 6,120,945 8.48% 39,964,166 55% VIRGINIA 271,076,657 92,994,978 34% 6,462,908 2.38% 0 0.00% 171,618,771 63% WASHINGTON 704,948,904 267,864,015 38% 0 0.00% 0 0.00% 437,084,889 62% WEST VIRGINIA 115,181,837 31,148,455 27% 4,108,719 3.57% 14,951,851 12.98% 64,972,812 56% WISCONSIN 452,884,898 89,486,194 20% 0 0.00% 0 0.00% 363,398,704 80% WYOMING 27,254,412 10,886,521 40% 1,553,707 5.70% 3,303,487 12.12% 11,510,697 42% Total 28,129,745,092 8,648,970,019 31% 554,679,148 1.97% 323,605,580 1.15% 18,082,991,966 64% Under TANF 70% of funding money goes to the welfare bureaucracy and only 30% goes to the payments to families with children. Before TANF 80% of the AFDC money went to payments to families. TANF has been a resounding success for the welfare bureaucrats and catastrophe for the poor. ”
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  7. Welfare Reform Hearing October 14, 1987 Senate Finance Committee

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