Public social services: sponsored noncitizen: indigence exception.

Existing law provides for various public social services programs, including, among others, the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified low-income families and individuals, and CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Existing federal and state law provide that in determining the eligibility and amount of aid for a noncitizen, the income and resources of the noncitizen shall be deemed to include the income and resources of any person who has executed an affidavit of support on behalf of the noncitizen and the spouse of that person, as specified, and requires the sponsored applicant or recipient to provide information regarding the income and resources of those persons. Existing federal law and state regulations provide that if a sponsored noncitizen is determined to be indigent, as specified, the sponsored noncitizen shall be exempt from the sponsor deeming requirements for a period beginning on the date of that indigence determination and ending 12 months after that date. This bill would specify that the indigence exception may be renewed every 12 months for additional 12-month periods. By increasing county duties relating to the administration of public social services, this bill would impose a state-mandated local program. Existing federal law requires, when an agency makes a determination of indigence for purposes of the CalFresh program, the agency to notify the United States Attorney General of that determination, including the names of the sponsor and sponsored noncitizen. This bill would prohibit a state or local agency from notifying the United States Attorney General of that determination when it is made as part of determining eligibility for state-funded aid or services. Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program. This bill would provide that the continuous appropriation would not be made for purposes of implementing the bill. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.