BILL NUMBER: AB 1692 CHAPTERED 10/10/01 CHAPTER 652 FILED WITH SECRETARY OF STATE OCTOBER 10, 2001 APPROVED BY GOVERNOR OCTOBER 9, 2001 PASSED THE SENATE AUGUST 27, 2001 PASSED THE ASSEMBLY MAY 30, 2001 AMENDED IN ASSEMBLY APRIL 17, 2001 INTRODUCED BY Committee on Human Services (Aroner (Chair), Goldberg (Vice Chair), Chan, Diaz, and Dutra) MARCH 6, 2001 An act to amend Sections 11320.1, 11322.9, and 11454 of the Welfare and Institutions Code, relating to public social services. LEGISLATIVE COUNSEL'S DIGEST AB 1692, Committee on Human Services. CalWORKs eligibility: work activities. Existing federal law provides for allocation of federal funds through the federal Temporary Assistance for Needy Families (TANF) block grant program to eligible states. Existing law provides for the CalWORKs program for the allocation of federal funds received through the TANF program, under which each county provides cash assistance and other benefits to qualified low-income families. Existing law requires certain participants in the CalWORKs program to participate in certain welfare-to-work activities, including community service activities. Existing law also contains certain maximum time limits upon the receipt of CalWORKs benefits, except that individuals engaging in community service activities are exempt from these time limits. This bill would add to the list of qualifying work activities, and for which an exemption from these time limits is provided, United States Department of Labor welfare-to-work grant program community service or work experience activities. Because each county is required to pay for a share of the cost of aid grants and the administration of the CalWORKs program, by expanding eligibility through the addition of work activities that qualify a recipient for the receipt of aid, the bill would constitute 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, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. 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 these statutory provisions. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 11320.1 of the Welfare and Institutions Code is amended to read: 11320.1. Subsequent to the commencement of the receipt of aid under this chapter, the sequence of employment related activities required of participants under this article, unless exempted under Section 11320.3, shall be as follows: (a) Job search. Recipients shall, and applicants may, at the option of a county and with the consent of the applicant, receive orientation to the welfare-to-work program provided under this article, receive appraisal pursuant to Section 11325.2, and participate in job search and job club activities provided pursuant to Section 11325.22. (b) Assessment. If employment is not found during the period provided for pursuant to subdivision (a), or at any time the county determines that participation in job search for the period specified in subdivision (a) of Section 11325.22 is not likely to lead to employment, the participant shall be referred to assessment, as provided for in Section 11325.4. Following assessment, the county and the participant shall develop a welfare-to-work plan, as specified in Section 11325.21. The plan shall specify the activities provided for in Section 11322.6 to which the participant shall be assigned, and the supportive services, as provided for pursuant to Section 11323.2, with which the recipient will be provided. (c) Work activities. A participant who has signed a welfare-to-work plan pursuant to Section 11325.21 shall participate in work activities until he or she has received aid for the period specified in subdivision (a) of Section 11454. If, after the period specified in paragraph (1) of subdivision (a) of Section 11454, the participant has not obtained unsubsidized employment, the county may extend the welfare-to-work plan by up to six months if the county determines that the extension is likely to lead to unsubsidized employment or if local unemployment or other conditions in the local economy are such that employment is not available. If a recipient has received aid for the period specified in subdivision (a) of Section 11454 and returns to aid after a break in aid of at least one month, the county shall determine whether to require the recipient to participate in welfare-to-work activities or in community service. (d) Community service. (1) If a participant has received aid for the period specified in subdivision (a) of Section 11454, and the participant has not found unsubsidized employment sufficient to meet the hours of participation required by Section 11322.8 and the county has certified that no job is available for that participant, the participant shall remain eligible for aid under this chapter only if he or she participates in community service activities pursuant to Section 11322.9, or the United States Department of Labor welfare-to-work grant program community service or work experience activities pursuant to Section 403(a)(5)(C)(i) of the Social Security Act (42 U.S.C. Sec. 603(a)(5) (C)(i)) for sufficient hours to meet the participation requirements of Section 11322.8. (2) The county shall provide community service activities assignments as described in Section 11322.9. (3) An individual may participate in community service activities until he or she has received aid for a total of 60 months. SEC. 2. Section 11322.9 of the Welfare and Institutions Code is amended to read: 11322.9. (a) In accordance with the requirements of this section: (1) Counties may provide for community service activities for individuals who have not completed the period specified in subdivision (a) of Section 11454 and are not employed in unsubsidized employment, sufficient to meet the hours of participation required by Section 11322.8. (2) Counties shall provide for community service activities or the United States Department of Labor welfare-to-work grant program community service or work experience activities pursuant to Section 403(a)(5)(C)(i) of the Social Security Act (42 U.S.C. Sec. 603(a)(5) (C)(i)) for individuals who have completed the period as specified in subdivision (a) of Section 11454, who cannot find unsubsidized employment sufficient to meet the hours of participation required by Section 11322.8, and the county certifies that no job is currently available to fulfill the hours required by Section 11322.8, and who continue to meet the financial eligibility criteria for aid under this chapter. (b) Community service activities shall meet all of the following criteria: (1) Be performed in the public and private nonprofit sector. (2) Provide participants with job skills that can lead to unsubsidized employment. (3) Comply with the antidisplacement provisions contained in Section 11324.6. (c) Participants in community service activities shall do all of the following: (1) Participate in a community service activity for the number of hours required by Section 11322.8, unless fewer hours of community service participation are required by federal law. (2) Participate in other work activities for the number of hours equal to the difference between the hours of participation in community service and the number of hours of participation required under Section 11322.8. (d) The county plan pursuant to Section 10531 shall include a component, developed by the county in collaboration with local private sector employers, local education agencies, county welfare departments, organized labor, recipients of aid under this chapter, and government and community-based organizations providing job training and economic development, in order to identify all of the following: (1) Unmet community needs that could be met through community service activities. (2) The target population to be served. (3) Entities responsible for project development, fiscal administration, and case management services. (4) The terms of community service activities, that, to the extent feasible, shall be temporary and transitional, and not permanent. (5) Supportive efforts, including job search, education, and training, which shall be provided to participants in community service activities. (6) If the county intends to include grant-based on-the-job training in its community service plan, the process by which the county will comply with the voluntary consent form requirement established in subdivision (f) of Section 11322.6, including a list of the languages in which the consent form will be available. (e) Aid under this chapter for any participant who fails to comply with the requirements of this section without good cause shall be reduced in accordance with Section 11327.5. (f) Child care as a supportive service shall be provided to participants in community service activities pursuant to Article 15.5 (commencing with Section 8350) of Chapter 2 of Part 6 of the Education Code, and Section 11323.2. Other supportive services may be provided by the county at the county's option. However, if the county does not provide mental health services pursuant to Section 11325.7, the county shall indicate in its county plan under Chapter 1.3 (commencing with Section 10530) how mental health services needed by participants will be made available during participation in a community service job. SEC. 3. Section 11454 of the Welfare and Institutions Code is amended to read: 11454. (a) (1) Except as otherwise provided in this chapter and in paragraph (2), a parent or caretaker relative shall not be eligible to receive aid for a cumulative period of more than 18 months after the individual signs, or refuses, without good cause, to sign a welfare-to-work plan, unless it is certified by the county that there is no job currently available for the recipient and the recipient participates in community service activities, pursuant to Section 11322.9, or the United States Department of Labor welfare-to-work grant program community service or work experience activities pursuant to Section 403(a)(5)(C)(i) of the Social Security Act (42 U.S.C. Sec. 603(a)(5)(C)(i)) for sufficient hours to meet the participation requirements of Section 11322.8. (2) A parent or caretaker relative recipient who is subject to the requirements of paragraph (2) of subdivision (c) of Section 10532 shall not be eligible to receive aid under this chapter for a cumulative period of more than 24 months, unless it is certified by the county that there is no job currently available for the recipient and the recipient participates in community service activities pursuant to Section 11322.9, or the United States Department of Labor welfare-to-work grant program community service or work experience activities pursuant to Section 403(a)(5)(C)(i) of the Social Security Act (42 U.S.C. Sec. 603(a)(5)(C)(i)) for sufficient hours to meet the participation requirements of Section 11322.8. (3) For purposes of this subdivision, a job shall not be considered to be currently available if a recipient has taken and continues to take all steps to apply for appropriate positions and has not refused an offer of employment without good cause. (4) A parent or caretaker relative recipient to whom paragraph (1) or (2) applies, who is in a job for less than the number of hours required by Section 11322.8, and for whom no job is currently available for the required number of hours, shall remain eligible for aid under this chapter and shall participate in community service activities or the United States Department of Labor welfare-to-work grant program community service or work experience activities pursuant to Section 403(a)(5)(C)(i) of the Social Security Act (42 U.S.C. Sec. 603(a)(5)(C)(i)) for the additional number of hours necessary to meet the requirements of Section 11322.8. (b) A parent or caretaker relative shall not be eligible for aid under this chapter when he or she has received aid under this chapter or from any state under the Temporary Assistance for Needy Families program (Part A (commencing with Section 401) of Title IV of the federal Social Security Act (42 U.S.C. Sec. 601 et seq.) for a cumulative total of 60 months. (c) No month in which aid has been received prior to January 1, 1998, shall be taken into consideration in computing the 18-month, 24-month, or 60-month limitation provided for in subdivision (a) or (b). (d) Each county shall adopt criteria for extending the 18-month limitation prescribed by subdivision (a) for up to six months if the extension is likely to result in unsubsidized employment or if local unemployment rates or other conditions in the local economy are such that employment is not available. (e) Subdivision (b) shall not be applicable when all parent or caretaker relatives of the aided child who are living in the home of the child meet any of the following requirements: (1) They are 60 years of age or older. (2) They meet one of the conditions specified in paragraph (4) or (5) of subdivision (b) of Section 11320.3. (3) They are not included in the assistance unit. (4) They are receiving benefits under Section 12200 or Section 12300, State Disability Insurance benefits or Workers' Compensation Temporary Disability Insurance, if the disability significantly impairs the recipient's ability to be regularly employed or participate in welfare-to-work activities. (5) They are incapable of maintaining employment or participating in welfare-to-work activities, as determined by the county, based on the assessment of the individual and the individual has a history of participation and full cooperation in welfare-to-work activities. SEC. 4. (a) Notwithstanding the provisions of the Administrative Procedure Act, Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, through June 2002, the State Department of Social Services may implement the amendments to Sections 11320.1 and 11454 of the Welfare and Institutions Code contained in this act through county letters or similar instructions from the director. (b) The director shall adopt regulations, as otherwise necessary, to implement the applicable provisions of the act no later than October 1, 2002. SEC. 5. No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for the purpose of funding the amendments made to Sections 11320.1 and 11454 of the Welfare and Institutions Code by this act. SEC. 6. Notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund.