Several domestic violence victims say California makes it too difficult to receive some welfare benefits.
Now they鈥檙e suing the state. They鈥檙e challenging a rule that blocks additional aid for children born while their families are receiving welfare.
Velma was expecting her fifth child when she decided the time had come to leave her abusive partner.
"I was pregnant and he became violent and I just said enough was enough and I got up and I left," she says.
Velma requested a pseudonym be used because she is afraid her ex-partner will find her.
"I called the sheriff. I got my things right away," she says. "The sheriff stayed there and watched me pack because I was afraid of being there alone."
Velma took her children and fled, but without any money the family soon found itself homeless, living in her car off and on for several months.
"I felt like a failure," Velma says. "I felt like I failed to provide shelter, to provide a healthy environment for them. Because they would question me and I just didn鈥檛 know what to say sometimes."
So, Velma turned to California鈥檚 welfare system, known as . At the time she was only receiving aid for her oldest child. Her other children were not eligible for assistance because of what鈥檚 known as the Maximum Family Grant rule.
Ryan Woolsey is with the non-partisan Legislative Analyst鈥檚 Office.
"The Maximum Family Grant Rule refers to a provision in state law that requires that a family鈥檚 amount of cash assistance not be increased generally to reflect children that are born while the family is on assistance," he explains.
The state does allow for waivers of the rule in some cases, including domestic violence. But even though the California Department of Social Services concluded Velma was a domestic violence victim, it still denied her a waiver because she was not eligible to participate in the CalWORKS Welfare to Work Program. That is a requirement for receiving a waiver.
Attorney Cynthia Chagolla is with California Rural Legal Assistance. The organization is representing Velma and several other women . Chagolla argues California law does allow for waivers in cases like Velma鈥檚.
"But unfortunately the California Department of Social Services, the way in which they are applying the regulations for the waiver are just so narrow that we have cases where we believe that the waiver should have in fact been granted," she says.
The Department of Social Services declined to comment for this story, citing the ongoing lawsuit.
The LAO says studies have shown domestic violence is pervasive among CalWORKS recipients. There are typically about 550,000 families on CalWORKS during any given month. Figures from the department show there were about in January, 2015.
Democratic State Senator Holly Mitchell says the state should just rule. She says the average CalWORKS grant for a family of three is less than $500 a month.
"By not augmenting the grant by less than $100, which is what the average augmentation would be for an additional mouth to feed, clothe, diaper, care for, I think is irresponsible," she says.
Eliminating the max family grant rule would cost California about $200 million a year. And Mitchell鈥檚 bill comes at a time when advocates for multiple social services are clamoring to have their programs鈥� funding restored after years of budget cuts. Governor Jerry Brown wants to keep new spending to a minimum. And while Senate Republican Leader Bob Huff says he鈥檚 open to discussions鈥�
"My knee-jerk response and I think that of our caucus is that, understanding the issue, there鈥檚 other ways that could better hit the root cause of poverty," he says.
Mitchell鈥檚 bill could face its first committee vote Tuesday. The next hearing for the lawsuit is scheduled for early next month.
As for Velma, she鈥檚 focused on completing her education and moving forward with her family.
"That would be a beautiful dream of mine to own a home and, you know, not have to worry about all of this," she says.
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