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Category: Financial Security

PRESS RELEASE: After Lawsuit, San Bernardino County Removes Barriers to Cash Aid for Residents in Extreme Poverty

FOR IMMEDIATE RELEASE

The county has agreed to implement several policy changes to make General Relief easier to access in the settlement of a 2019 lawsuit

SAN BERNARDINO – A settlement has been reached in a lawsuit filed against San Bernardino County, resulting in several changes to the county’s General Relief program that will help more people in extreme poverty access vital financial assistance. General Relief is the program administered by California counties that provides cash assistance to adults who do not have any other income or resources to meet their basic needs.

The suit was filed on behalf of two county residents in December 2019 by Inland Counties Legal Services, Western Center on Law & Poverty, and Public Interest Law Project. At the time, San Bernardino County had an extremely low number of General Relief recipients. Data from July 2018 through April 2019 shows the County denied 2057 out of 2245 applicants — nearly 92% of applicants.

The evidence indicated that the numbers were the result of the County’s unlawful restrictions on GR eligibility and onerous application process. The County also paid a much lower monthly grant than required by statute—a single individual could only receive a maximum of $280 per month. Among other restrictions, the County terminated benefits to homeless recipients who could not find housing within the first 30 days of getting benefits.

With the changes made by the County, Inland Counties Legal Services attorney Anthony Kim expects more residents will secure General Relief benefits and have an easier time maintaining them going forward.

“The people who need general assistance are often homeless and disenfranchised to the point where receiving any help is difficult, so these changes to the program are huge. The less hoops residents need to jump through, the easier it will be for them to get the assistance they need and are legally entitled to,” Kim said.

One of the biggest changes from the suit is the dollar increase in assistance, including annual increases over the next five years. The County has already increased the grant amount to $332 per month for an individual, and it will be $504 beginning in 2026.

The County’s Transitional Assistance Department, which administers the program, implemented several other significant changes in response to the lawsuit. They eliminated the requirement for applicants to attend an in-person orientation before applying for General Relief, and they began accepting applications online and via mail or drop box. They also eliminated the former policy of terminating General Relief to homeless recipients who did not secure housing within their first 30 days of receiving assistance.

“The dollar increase is significant for people who rely on this program, as is the increased ease of access,” said Richard Rothschild, Director of Litigation at Western Center on Law & Poverty. “$500  can make a big difference for someone experiencing homelessness. It’s a stepping stone for finding housing, getting a job, and becoming an integrated member of the community.

Other changes to the program include: paying full General Relief benefits amount to all eligible recipients regardless of housing status; paying General Relief benefits back to the date the person first applied; reducing the recertification requirements for people who receive General Relief; increasing the resource limits for cars and other vehicles, especially for people who use their vehicles for shelter; providing a pre-termination notice and an opportunity to appeal before ending someone’s benefits; and decreasing job search requirements for “employable” recipients from 20 contacts a week to 10.

“This is an incredible victory for people in San Bernardino County,” said Melissa A. Morris, Staff Attorney at Public Interest Law Project. “These systemic changes to the County’s General Relief program will potentially benefit thousands of low-income people throughout San Bernardino County, and we appreciate the County’s willingness to work with us to make these improvements.”

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EPIC News – November 2021

We’re headed into the last month of the year, which means this is the last EPIC Newsletter of 2021!
Keep your eyes peeled in December for our end-of-year message to round out 2021 and welcome 2022.

Latinx Families File Lawsuit Against Harbor Regional Center 

Western Center and Disability Rights California filed a lawsuit on behalf of a parent group in Torrance, CA to stop discrimination against Latinx families at Harbor Regional Center. The regional center is supposed to provide services to adults and children with intellectual and developmental disabilities. The parent group, Padres Buscando el Cambio, is comprised of families whose needs have been ignored, and who’ve faced explicitly discriminatory comments from Harbor Regional Center staff.

As a recipient of state funds, Harbor Regional Center’s actions are not only unfair, they are also illegal. Our lawsuit seeks to compel the regional center and state to deliver services that meet the needs of everyone the center serves.

L.A. County Sued for Failing to Provide Timely Food Assistance

Western Center, Neighborhood Legal Services of Los Angeles County, and The Public Interest Law Project filed a lawsuit on behalf of two organizations fighting hunger in Los Angeles and one CalFresh (aka food stamp) recipient who had to wait over a month for CalFresh when he and his father had no money for food, despite a state mandate requiring such benefits be distributed in three days.

The lawsuit demands that the county comply with its legal obligation to grant expedited access to critical food benefits for those most in need.

Giving Season is Here!   

Tomorrow, November 30th, is Giving Tuesday – a global movement to amplify the power of radical generosity. There are so many ways to participate in Giving Tuesday, from random acts of kindness, to telling a friend how much you appreciate them, to making a donation to Western Center – the goal is a day filled with giving and generosity. How do you plan to participate?

If you were unable to join us for this year’s virtual Garden Party event, or just want to re-watch the festivities, you can find the recording of the program here. It’s also not too late to make a donation to support the event! Click here to make a donation.

Native American Heritage Month  

November is Native American Heritage Month, which according to the National Congress of American Indians “is a time to celebrate rich and diverse cultures, traditions, and histories and to acknowledge the important contributions of Native people. Heritage Month is also an opportune time to educate the general public about tribes, to raise a general awareness about the unique challenges Native people have faced both historically and in the present, and the ways in which tribal citizens have worked to conquer these challenges.”

The Library of Congress, National Archives and Records Administration, National Endowment for the Humanities, National Gallery of Art, National Park Service, Smithsonian Institution, and United States Holocaust Memorial Museum paid tribute to the traditions and ancestry of Native Americans with a collection of events and resources throughout November. PBS also offers a collection of film, documentaries, and programs to inform and celebrate the history, influence, and contributions of Native Americans.

Groups Take Legal Action Over Alleged CalFresh Benefit Delays

, KFI AM 640

“This is the county’s self-reported data, and it’s staggering,” said Western Center on Law & Poverty attorney Alex Prieto. “Each time the county fails to process an application on time, it puts people in danger of hunger and pushes parents into a devastating struggle to provide for their children*s most basic needs.”

Read More

 

Emprenden acciones legales por supuestos retrasos en los beneficios de CalFresh

, Telemundo 52

“Estos son los datos autoinformados del condado, y son asombrosos”, dijo Alex Prieto, abogado del Western Center on Law & Poverty. “Cada vez que el condado no procesa una solicitud a tiempo, pone a las personas en peligro de pasar hambre y empuja a los padres a una lucha devastadora para satisfacer las necesidades más básicas de sus hijos”.

Emprenden acciones legales por supuestos retrasos en los beneficios de CalFresh

PRESS RELEASE: LA County Sued for Failing to Provide Timely Emergency Food Assistance to Eligible Households

FOR IMMEDIATE RELEASE

Lawsuit accuses county of violating state and federal laws mandating expedited processing of CalFresh food benefits

LOS ANGELES — Los Angeles County fails to comply with California’s requirement that counties expedite the processing of urgent applications for CalFresh (formerly known as food stamps). The neediest CalFresh applicants – those whose income is less than $150 per month and who have less than $100 in resources, or whose housing costs are more than their income and resources — are entitled to have their applications processed within three days. But in Los Angeles, thousands of vulnerable households are going hungry each month because the county fails to process their applications on time.

Now, two organizations fighting hunger in Los Angeles and one CalFresh recipient who had to wait over a month for CalFresh when he and his father had no money for food are suing the county, demanding that it comply with its obligation to grant expedited access to critical food benefits.

The lawsuit—filed Monday in Los Angeles Superior Court by Hunger Action Los Angeles, Los Angeles Community Action Network (LACAN), and Peter Torres-Gutierrez —includes data showing the county has been in violation of both state and federal law for months. Federal law mandates that expedited food assistance benefits be provided in no more than seven days, and California sets the limit for urgent applications at three days.

“CalFresh is our first and best line of defense against hunger; if it doesn’t function properly thousands can be left with no means to get basic food,” said Frank Tamborello, Executive Director at Hunger Action Los Angeles. “When someone is hungry, every hour matters. It’s unconscionable that in Los Angeles County, the most vulnerable people have to wait for weeks to get access to something as basic as food assistance.”

“Hunger is real, and it has gotten worse during the pandemic,” said Todd Cunningham, Food and Wellness Organizer with Los Angeles Community Action Network (LACAN). “These county delays make it harder for people—especially houseless people—to access food and take care of their health.”

In September 2021, the county failed to meet the state’s three-day timeline for nearly one-third of all eligible applicants, leaving over 4,900 individuals and families who qualify for expedited benefits without access to CalFresh. In August, the numbers were even worse: the county left more than half of eligible households without access to CalFresh, forcing over 7,600 individuals and families to go hungry. Over the last year, the County has violated its duty to more than 54,000 households, forcing some applicants to wait more than a month to receive emergency food assistance.

“This is the county’s self-reported data, and it’s staggering,” said Western Center on Law & Poverty attorney Alex Prieto. “Each time the county fails to process an application on time, it puts people in danger of hunger and pushes parents into a devastating struggle to provide for their children’s most basic needs.”

“The harms that result when people—especially children—go hungry are significant and far-reaching. Even short periods of hunger can have profound and long-lasting effects on an individual’s physical and mental health,” said Lena Silver, an attorney with Neighborhood Legal Services of Los Angeles County (NLSLA). “People who are eligible for expedited service CalFresh are already in desperate financial situations. We are bringing this lawsuit to force the County to comply with the law, to ensure that every eligible individual and family gets the food they need when they need it – and not a minute later.”

Read the full complaint here.

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Neighborhood Legal Services of Los Angeles County (NLSLA) is a steadfast advocate for individuals, families, and communities throughout Los Angeles County.   Each year NLSLA provides free assistance to more than 100,000 people through innovative projects that address the most critical needs of people living in poverty. Through a combination of individual representation, high impact litigation and public policy advocacy, NLSLA combats the immediate and long-lasting effects of poverty and expands access to health, opportunity, and justice in Los Angeles’ diverse neighborhoods.

Public Interest Law Project (PILP) advances justice for low-income people and communities by building the capacity of legal services organizations through impact litigation, trainings, and publications, and by advocating for low-income community groups and individuals.

Western Center on Law & Poverty fights in courts, cities, counties, and in the Capitol to secure housing, health care and a strong safety net for Californians with low incomes, through the lens of economic and racial justice.

 

 

 

Want Equity? Start when kids learn how to read.

, By Antionette Dozier, Western Center Senior Attorney

I am a parent in the process of looking for the best education path for my son. As an attorney at Western Center who often works on issues pertaining to child welfare, I am also interested in advocacy around access to and quality of education – especially for kids of color like mine. A lot of what happens in education is a direct reflection of our nation’s “commitment” to racial equity issues (which is to say, we’re not that committed), and to science. For those committed to racial equity and ending the school to prison pipeline, there is no other option but to be interested in and committed to this issue.

To make a long story short — there is well-researched scientific evidence about how people learn to read, usually distilled into what is called the “Science of Reading,” which has been around for 20 years. There are plenty of news reports, research papers, podcasts, social media groups, and conferences devoted to discussing the “Science of Reading” and best practices in reading instruction. Bafflingly, most school districts do not use curriculum that aligns with the science of reading. This partially contributes to 83% of Black kids and 60% of white kids not being proficient readers by the 4th grade. Unfortunately, the most recently released National Assessment of Education Progress “NAEP” scores show startling declines in math and reading proficiency among our nation’s youth, and widening gaps for Black and Latinx youth.

Change is on the horizon, however, in part because of books like “The Knowledge Gap” and other forms of advocacy, but it’s surprising that it has taken so long to catch on. As a nation, we have a lot of problems when it comes to listening to science. We blame Black and brown children for failing to meet reading proficiency standards despite evidence that we are not teaching them based on scientifically sound methods. We are wasting public funds, resources, and most importantly, human potential.

San Francisco Unified School District adopted a curriculum that is not at all aligned with the science of reading, which was actually banned in Berkeley as a result of a lawsuit because it does such a poor job of teaching kids to read. Meanwhile, in places like Milwaukee, parents have successfully advocated for more science-based approaches to learning. Colorado, Arkansas, Mississippi, and other states already have laws on the books requiring science of reading based approaches, which have achieved positive results.

From my view as an advocate and parent, the science provides a clear call to action for helping our kids reach their potential: (1) reading instruction should be part of general education through 5th grade and likely through middle school; (2) schools should be required to use curriculum aligned with the science of reading; (3) teachers should be trained in college on the science of reading, which would require new legislation in several states including California; (4) early childhood education students should be trained on early science of reading methods and how to spot early signs of reading difficulties.

Reading proficiency is fundamental in this society – especially when we talk about lifting families out of poverty. It’s a relatively easy intervention, we just need a commitment to following proven methods for teaching kids how to read. Sticking our heads in the sand when the evidence is clear is a disservice to children, families, and their communities – our systems of education must adjust to meet the needs of our kids.

EPIC News – October 2021

Western Center’s 2021 Legislative Wrap-Up

The California legislative season is over, and many Western Center priorities made it past the governor’s pen to become law. Our 2021 Legislative Wrap-Up includes Western Center’s collection of co-sponsored bills that were signed by the governor this year, as well as those we plan to bring back next year. Highlights include:

  • SB 62 – The Garment Worker Protection Act: Seeks to end wage theft in the California garment industry and ensure decent wages for California garment workers by holding California fashion brands to a higher standard of responsibility for the labor of garment workers.
  • SB 65 – The California Momnibus: an innovative and comprehensive piece of legislation that reimagines perinatal care in order to close the existing racial gaps in maternal and infant mortality and morbidity within the state.

Garden Party Success! 

A huge thank you to everyone who attended and supported this year’s Garden Party, our signature event highlighting Western Center’s ongoing efforts to fight poverty in California. Special thanks to this year’s incredible honorees and sponsors. If you were unable to attend Garden Party but still want to contribute, you can do so here. We need your help to reach our fundraising goal!

If you would like to see a snippet from Garden Party, check out our We Are Western Center video!

Meet Western Center’s Newest Team Members 

We are excited to introduce our newest team members, Lorraine López, Kathryn Evans, Abraham Zavala, and fellow Liv Williams! Find out more about Lorraine, Kathryn, Abraham, and Liv here.

Latina Equal Pay Day

October 21st was Latina Equal Pay Day, marking the number of days into 2021 Latinas had to work to catch up to what white, non-Hispanic men made last year. Overall, Latinas make 57 cents to a white man’s dollar, if they are mothers, that number goes down to 46 cents. Latina Equal Pay Day marks the final Equal Pay Day of 2021 — Latinas must work the most to get paid the least.

Latinas are the foundation of so many communities, and ultimately, this country and many others. In the conversations about what work is considered essential, Latinas are often mentioned, yet they are hardly compensated accordingly. That is why Western Center worked so hard as part of the coalition that got SB 62 signed into law this year to protect California’s garment workers – many of whom are Latinas making well below minimum wage despite their critical role upholding the fashion industry. It is our hope that SB 62 sets a standard not only for how Latinas are treated and paid in the garment industry, but also that it continues conversations about reforms needed in other sectors.

Western Center’s 2021 Legislative Wrap-Up 

The  2021 California legislative season is over, and Governor Newsom has signed the bills that will become law. Many Western Center priorities made it past the governor’s pen, including groundbreaking legislation like SB 62, which makes California an international leader in the fight to end exploitation of people working in the garment industry, and SB 65, which implements proven interventions to lower California’s unacceptably high mortality rate for Black and Indigenous people who give birth here. 

Below is our slate of co-sponsored bills that were signed by the governor this year, as well as those we plan to bring back next year.

HIGHLIGHTS

SB 62 – The Garment Worker Protection Act seeks to end wage theft in the California garment industry and ensure decent wages for California garment workers by holding California fashion brands to a higher standard of responsibility for the labor of garment workers.  

SB 65 – The California Momnibus is an innovative and comprehensive piece of legislation that reimagines perinatal care in order to close existing racial gaps in maternal and infant mortality and morbidity within the state. 

FINANCIAL SECURITY

AB 461 – CalWORKs Self Employment: Creates a more accessible pathway for CalWORKs recipients to choose self-employment as a work activity. This bill is timely as the state begins to rebuild its economy, which will heavily rely on the talents and creativity of Californians with an entrepreneurial spirit. 

HEALTH

AB 326 – Removes the sunset clause to permanently extend the Consumer Protection Program, which awards advocacy fees to any person or organization that represents the interests of consumers and has made a substantial contribution on regulations, orders, or decisions, within the Department of Managed Health Care.

AB 1020 – Enforcement of the Hospital Fair Pricing Act: We hope that passage of this bill means patients no longer need lawyers to benefit from the Hospital Fair Pricing Act. This bill rose directly out of our legal services partners’ experience in trying to enforce the Hospital Fair Pricing Act. Major components include prohibiting hospitals from selling debt to debt buyers unless they meet all the current standards applicable to debt collectors and agree to take a bill back if the patient should have gotten financial assistance, Medi-Cal, or another payor for their bill; requiring debt collectors and debt buyers to also send patients applications for financial assistance; and increasing eligibility for patients for financial assistance from 350% of the poverty level to 400%.

AB 1355 (2-Year Bill Extending Into Next Year) – Expands Independent Medical Reviews to all Medi-Cal beneficiaries to ensure more beneficiaries can access medically necessary care. Also improves the state’s fair hearing process. 

SB 644 (2-Year Bill Extending Into Next Year) – Allows California’s unemployment department to share information with Covered California when someone applies for or loses benefits to help individuals apply for Covered California or Medi-Cal.

HOUSING

AB 832 – Extended the temporary halt on evictions for nonpayment of rent until September 31, 2021. The bill also created additional tenant protections in court that may halt an eviction if the tenant qualifies and has an approved application for rent relief. For more information, please refer to our COVID-19 tenant relief fact sheet. To apply for financial assistance please visit housingiskey.com.

AB 838 – Enforcement Response to Housing Complaints: Prohibits local code inspection agencies in California from implementing restrictions or preconditions before responding to tenant habitability complaints. The bill specifically prohibits code enforcement agencies from refusing to inspect a unit based on unreasonable conditions, including on the basis that the tenant is behind on rent, is alleged to be in violation of their lease, or is currently in an unlawful detainer (eviction) or other legal dispute with the landlord.

AB 1304 – Affirmatively Further Fair Housing: Strengthens requirements for cities and counties to analyze and proactively address fair housing issues as part of their obligation to affirmatively further fair housing. The bill requires the housing element to include an analysis of how the jurisdiction’s inventory of housing affirmatively furthers fair housing; requires that in assessing contributing factors to fair housing issues, jurisdictions look through both a local and a regional lens, take race into account, and examine historical context; and requires jurisdictions to state explicit goals, objectives, and policies related to affirmatively furthering fair housing. 

SB 91 – Expanded protections provided by AB 3088 (2020) and established a statewide rental relief program that pays up to 100% of arrears, prospective rent, and utilities for households experiencing COVID-19 financial hardships. The bill also extended a temporary halt on evictions for nonpayment of rent until June 2021. SB 91 prohibited landlords from charging or attempting to charge late fees and explicitly prohibits the sale or assignment of any unpaid COVID-19 rental debt. 

Challenging Unjust Juvenile Fee Collection for Families in Riverside

, By Rebecca Miller - Western Center Senior Attorney

Last month, Western Center filed a motion for class certification in our case, Freeman v. Riverside County, which challenges how Riverside County charged fees to parents and guardians whose children were involved in the juvenile legal system. The case was filed together with our co-counsel, the National Center for Youth Law.

Families were charged daily “costs of support” – $30 or so per day for each day their child was in detention. State law required the county to assess families’ ability to afford the costs, which were often thousands of dollars, and provide procedural due process before collecting. Riverside did nothing – just calculated the fees and sent the totals to collection. Our case seeks to shine a light on this abuse of government authority, and asks for a refund of illegally collected fees.

Fortunately, the authority to charge these types of juvenile fees has been eliminated in California, as well as counties’ ability to collect older fees. The story behind this case is important, not just for accountability in Riverside, but also because there are still many fees charged to overpoliced communities in California.

Cases like this one demonstrate why advocates are fighting for abolition of juvenile and adult criminal fees – not a reduction or ability to pay process. There are important racial equity principles behind that goal, because of who the juvenile and adult legal systems target. There are also common sense administrative policy reasons for fee abolition, mainly that ability to pay processes are inequitable and don’t work. Our case in Riverside shows that even when state law requires an ability to pay process, it is not followed, or it’s followed so ineptly or inconsistently that it becomes meaningless. Ability to pay processes also replicate racial bias in the courts and legal system.

As this case proceeds, I must share our appreciation and admiration for our clients who have worked with us on this case for over two years, and for their bravery in telling their stories. We are hopeful for a good outcome, and that the class data we may be able to obtain illustrates why shifting the cost of government onto individuals through user fees causes inequity, and in a nutshell, constitutes wealth stripping from low income communities and communities of color.

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