The program does not provide an option for parents of white, Asian, or Hispanic children, leading critics to wonder why the county adopted racial restrictions when a needs-based program would be more fair and less subject to legal scrutiny. 

“The County’s consideration of race is problematic because the 14th Amendment to the U.S. Constitution forbids the government from classifying individuals based on race. This program would be presumptively invalid unless it is remedying specific discriminatory acts by the government,” said Andrew Quinio, Pacific Legal Foundation attorney, to The Center Square. “That doesn’t seem to be the case here. It is unclear what discriminatory laws or policies by Sacramento are causing disproportionate outcomes for low-income families that merits a discriminatory solution.”

The Sacramento Family First Economic Support Pilot will provide $725 per month for 12 months to 200 randomly selected parents or legal guardians of black or indigenous children up to five years old living in select Sacramento zip codes with an income under 200% of the federal poverty level. 

The program is funded by a state grant through the California Department of Social Services and has a goal of “improving child and family well-being and decreasing the potential of contact with or entry into the foster care system.” 

The program’s website notes Sacramento black children were “4.3 times as likely to have a (Child Protective Services) allegation, 4.6 times as likely to have a CPS investigation and 4.5 times as likely to be removed from their family than White children,” with indigenous children 2.2 times more likely to have an allegation, 2.9 times as likely to have an investigation, and 1.8 times as likely to be removed. 

The four eligibility criteria are residence in ZIP codes 95815, 95821, 95823, 95825, 95828 and 95838 in Sacramento County, and the black or indigenous children must live with the applying parent at least half the time, the maximum annual income for a single parent with one child would be $40,880, and the applying household must not already be participating in another “guaranteed income” pilot or program.

“Immigration status does not impact eligibility,” wrote the FFESP on its FAQ page. “Families of any immigration status are welcome to apply.” Applications are available until the end of October 13. 

There are no conditions for how the money must be spent, or actions participants must take. “You do not need to do anything to receive the guaranteed income, and you are not required to participate in any service,” continued the FAQ.

The FAQ does say winners must participate in a baseline survey, and that contractors “will be working with pilot participants and a subset of applicants who were not selected to participate in the pilot who volunteer to tell their stories about how receiving—or not receiving—the guaranteed income affects their families” in order to “contribute to research that informs expansion of guaranteed income as a strategy to support families.” 

State Sen. Roger Niello, R-Fair Oaks, who represents much of Sacramento County, shared his concern about the program unfairly leaving out Hispanic, Asian, and white families that have similar economic needs. 

“Citizens who are Hispanic, Asian, or white would be eliminated from consideration,” Niello said to The Center Square. “The budget is a zero-sum game and we are eliminating similar opportunities for citizens, and that concerns me.” 

Niello also expressed concerns that the program as-is does not seem built around eventually getting recipients to self-sufficiency, and suggested that low average public education outcomes should be looked at as a factor in higher rates of CPS intervention.

Answering “no” to the pre-application questionnaire asking “Is the race of this child either Black/African American and/or American Indian/Native American?” leads to an automatic end of the survey, telling respondents  they do not qualify and that “There are many resources available to Sacramento County residents to support family well-being.”