BILL NUMBER: AB 814	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Bradford

                        FEBRUARY 21, 2013

   An act to amend Section 11253.5 of the Welfare and Institution
Code, relating to CalWORKs.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 814, as introduced, Bradford. CalWORKs: eligibility: truancy.
   Existing federal law provides for allocation of federal funds
through the federal Temporary Assistance for Needy Families (TANF)
block grant program to eligible states, with California's version of
this program being known as the California Work Opportunity and
Responsibility to Kids (CalWORKs) program. Under the CalWORKs
program, each county provides cash assistance and other benefits to
qualified low-income families and individuals who meet specified
eligibility criteria, including participating in specified
welfare-to-work activities. Existing law exempts from these
welfare-to-work requirements a child who is under 16 years of age or
attending an elementary, secondary, vocational, or technical school
on a full-time basis.
   Existing law conditions the receipt of CalWORKs aid upon the
school attendance of all children in an assistance unit who are
subject to compulsory education, as specified. Existing law further
requires that this attendance requirements be included in the
recipient's welfare-to-work plan. Under existing law, if the county
determines that an eligible child under 16 years of age is not
regularly attending school as required, the county is prohibited from
considering the needs of all adults in an assistance unit in
computing the grant of a family, unless the county determines that
good cause exists. Existing law prohibits the needs of a child 16
years of age or older from being considered in computing the grant to
the family if the county determines that he or she has not been
regularly attending school or participating in a welfare-to-work
plan, unless the county determines that good cause exists.
   This bill would revise these requirements by, among other things,
deleting the requirement that the aid grant of a family be reduced if
the county determines that an eligible child under 16 years of age
is not regularly attending school. The bill would require that if the
county determines that a child who is 16 years of age or older is
not regularly attending school or participating in a welfare-to-work
plan, the county document that the child has been offered a
meaningful opportunity to be engaged in the creation of his or her
welfare-to-work plan, including an age-appropriate assessment, before
the county reduces the aid amount to the family. By imposing these
additional duties on counties, this bill would impose 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.
   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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 11253.5 of the Welfare and Institutions Code is
amended to read:
   11253.5.  (a) All children in an assistance unit for whom school
attendance is compulsory, except individuals who are eligible for the
Cal-Learn Program under Article 3.5 (commencing with Section 11331),
for any period during which that article is operative, and children
subject to a county school attendance project under Article 2
(commencing with Section 18236) of Chapter 3.3 of Part 6, shall be
required to attend school.
   (b) Applicants for and recipients of aid under this chapter shall
be informed of the attendance requirement  and it shall be
included in the recipient's welfare-to-work plan under Section
11325.21   and the requirements of Article 5 (commencing
with Section 48260) of Chapter 2 of Part 27 of Division 4 of Title 2
of the Education Code  . 
   (c) The county shall consider the requirements of Article 5
(commencing with Section 48260) of Chapter 2 of Part 27 of Division 4
of Title 2 of the Education Code when developing a recipient's
welfare-to-work plan under Section 11325.21, evaluating needed
exemptions from program requirements, and determining which
supportive services are necessary for compliance with a signed
welfare-to-work plan.  
   (c) 
    (d)  A recipient shall cooperate in providing the county
with documentation routinely available from the school or school
district of regular attendance of all  applicable 
children  16 years of age or older in the assistance unit
when the county determines it  is appropriate  
necessary to establish the welfare-to-work requirements of a minor
 . 
   (d) If it is determined by the county that any eligible child
under the age of 16 years is not regularly attending school as
required, the needs of all adults in the assistance unit shall not be
considered in computing the grant of the family under Section 11450
unless it has been determined by the county that good cause exists.

   (e) If it is determined by the county that any child in the
assistance unit who is age 16 years or older is not regularly
attending school as required, or participating pursuant to a
welfare-to-work plan, the needs of the child shall not be considered
in computing the grant of the family under Section 11450 unless it
has been determined by the county that good cause exists.  Before
reducing the amount of aid to the family, the county shall document
that the child has been offered a meaningful opportunity to be
engaged in the creation of his or her welfare-to-work plan, including
an age-appropriate assessment. Children not regularly attending
school because they have graduated shall be encouraged to pursue a
welfare-to-work plan that includes enrolling in an institution of
higher education. 
  SEC. 2.  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.