CA AB 1344

Title: Surviving child benefits.
Author: Miguel Santiago

Summary
AB 1344, as amended, Santiago. Surviving child benefits. Existing federal law establishes the federal Old-Age, Survivors, and Disability Insurance (OASDI) program to provide monthly benefits to qualified retired and disabled workers and their spouses, dependents, and survivors. Existing federal law provides various benefits to veterans, their dependents, and their survivors administered by the United States Department of Veterans Affairs (USDVA).This bill would require the Department of Child Support Services to issue guidance to local child support agencies directing them to, and would require local child support agencies to, inform a custodial parent or guardian of benefits under the federal OASDI program and benefits provided to survivors of veterans by the USDVA when the local child support agency becomes aware that a child’s noncustodial parent has died and the local child support agency has information that suggests that the child may be eligible for either of those programs. The bill would similarly require the State Department of Social Services and the State Department of Health Care Services to jointly issue guidance to county human services agencies directing them to, and would require county human services agencies to, inform a parent or guardian of benefits under the federal OASDI program and benefits provided to survivors of veterans by the USDVA when the county becomes aware that a child’s parent has died and the county has information that suggests that the child may be eligible for either of those programs. By imposing new duties on local agencies, the bill would impose a state-mandated local program.The bill would require the State Department of Social Services to submit a report to the Legislature that includes information on the requirements and cost to establish a state-funded program to provide cash assistance to a child with a deceased parent who is not eligible for survivor benefits under the federal OASDI program and how many children in California would be eligible for that state-funded program.This bill would, subject to an appropriation by the Legislature or a provision of federal or private funds for these purposes, require the State Department of Social Services to establish and oversee the California Survivor Benefit (CalSurvivor) Program, a county- or county consortia-administered program to provide cash assistance for a minor who is a California resident with a deceased parent, who was also a California resident upon their death, when the minor is not eligible for federal OASDI survivor benefits, as specified. The bill would authorize the department to authorize counties to establish an advocacy program to assist specified applicants and recipients of CalSurvivor benefits in the application process for federal OASDI survivor benefits if they do not meet certain verification requirements of the program. The bill would require participating counties, as part of the advocacy program, to inform the applicant of the potential impact of receiving benefits under the CalSurvivor Program on their eligibility for other assistance programs. The bill would require the department to report to the Legislature, by July 1, 2027, on the outcomes of the CalSurvivor Program and the advocacy programs. The bill would authorize the department to implement these provisions though all-county letters or similar instructions or emergency regulations. By requiring counties to administer the CalSurvivor Program, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Status
From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

Bill Documents
CA AB 1344 - 03/30/23 - Amended Assembly
03/30/23 - CA AB 1344 (03/30/23 - Amended Assembly)