Official Summary Text
AB 2765, as amended, Ahrens.
CalFresh and CalWORKs: childhood hunger and foster youth.
Existing federal law establishes the Supplemental Nutrition Assistance Program (SNAP), known in California as 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 law limits a participant who is an able-bodied adult without dependents (ABAWD) to 3 months of CalFresh benefits in a 3-year period unless that participant has met work participation requirements or is otherwise exempt. Existing state law requires the State Department of Social Services to annually seek a federal waiver of this limitation. Existing state law requires the department to ensure that all recipients subject to the federal ABAWD time limit are permitted to meet the work requirements of the time limit through all forms of work, as
specified.
Existing federal law,
Public Law 119-21,
enacted on July 4, 2025, sets forth various changes to SNAP benefits, including the removal of an exemption from the time limit for certain former foster youth under 25 years of age, and the narrowing of an exemption for a household with a dependent under 18 years of age to instead a household with a dependent under 14 years of age, as specified.
This bill would specify that an ABAWD participant includes a parent or other member of a household with responsibility for a dependent child 14 years of age or older as a result of
the above-described federal law.
Public Law 119-21.
The
bill would also require the department to seek a federal waiver to protect the most vulnerable foster youth from experiencing hunger as a result of the cuts to their assistance. The bill would require the waiver to request that foster youth and former foster youth, as specified, be exempted from any cuts to their SNAP benefits as a result of the new SNAP time limit for this population.
The bill would require the department to issue an all-county letter to implement the waiver within 3 months after receiving approval and, to the extent allowable under federal law, to instruct counties of steps that they would be authorized to take to maximize the ability of foster youth participating in any of specified programs to be automatically deemed exempt from, or in compliance with, the time limit.
The bill would require the state and the counties to
implement the applicable SNAP-related provisions under Public Law 119-21 using specified steps, including, among others, harm mitigation and minimization of client impacts and discontinuances of benefits whenever possible. The bill would require the department to adopt, provide instructions to counties on, and automate for, blanket exemptions to CalFresh work requirements, in accordance with federal law, for specified populations if eligible for the CalFresh program.
Under the bill, all exemptions provided by the state and the counties under Public Law 119-21 would, in accordance with federal law and guidance, remain in effect for any recipient until, at the earliest, the next scheduled redetermination for that recipient, when the exemption is reassessed by the county, unless the automated exemption at redetermination allows for the exemption to continue.
Under the bill, a recipient would not be discontinued from the CalFresh program due to the ABAWD work requirements under Public Law 119-21 before October 1, 2026, or until specified administrative activities are complete, whichever is later.
The bill would require the department to provide data to the appropriate legislative committees on the total number of CalFresh recipients subject to, exempted from, or discontinued from the program due to, the CalFresh work requirements under Public Law 119-21, as specified.
The bill would require the department to convene a working group to consider additional blanket exemptions to CalFresh work requirements for certain youth who currently have, or have previously had, an
open child welfare or probation case, as specified. If the working group determines that additional data are needed for automation of the exemptions, the bill would require the department to report to the Legislature on the cost of any additional workload for county child welfare and eligibility agencies.
The bill would require the department to adopt, provide instructions to counties on, and automate for, blanket compliance with CalFresh work requirements, in accordance with federal law, for individuals participating in extended foster care and who have been determined to be working at least 80 hours per week.
To the extent that the bill would increase CalFresh eligibility for certain
foster youth
populations
and expand county duties, the bill would impose a state-mandated local program.
Existing law establishes the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which, through a combination of federal, state, and county funds, each county provides cash assistance and other benefits to qualified low-income families.
Under existing law, in addition to specified CalWORKs aid amounts, a family is entitled to receive an allowance for recurring special needs relating to, among other things, food, utilities, and transportation. Under existing law, the allowance for each family per month is prohibited from exceeding that amount resulting from multiplying the sum of $10 by the number of recipients in the family who are eligible for assistance.
This bill would increase the maximum threshold for the allowance by switching the factor from $10 to $15
within the formula.
The bill would, subject to the department’s discretion, authorize the allowance to be provided instead in the form of a food benefit of equivalent value.
The bill would, subject to the department’s discretion to establish a mechanism, authorize a household that receives aid under any provision of the Welfare and Institutions Code
and that is also eligible for CalWORKs aid, regardless of whether the household receives CalWORKs aid, to receive a recurring special needs allowance in order to prevent immediate child suffering and long-term harm caused by prolonged periods of childhood hunger or other unmet needs, if unmitigated.
The bill, in addition to any special needs allowances described above, would entitle an adult who is a member of a household that is aided by the CalFresh or CalWORKs program and that includes a child 14 years of age or older and under 18 years of age, and who is discontinued as a result of the 3-month time limit on federal SNAP aid newly applied under Public Law 119-21, to receive a separate recurring special needs allowance, as specified.
The bill would require that the amount of the allowance be a standard amount determined
by the department to be adequate to respond to, and prevent hunger resulting from, the loss of federal SNAP benefits caused by Public Law 119-21. The bill would require that this allowance be provided until at least October 1, 2027, as specified.
By creating new duties for counties relating to the recurring special needs allowance, the bill would impose a state-mandated local program.
Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program.
This bill would instead provide that the continuous appropriation would not be made for purposes of 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.
This bill would declare that it is to take effect immediately as an urgency statute.