Amended in Assembly April 10, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 814

Introduced by Assembly Member Bradford

February 21, 2013

An act to amend Section 11253.5 begin delete of end delete begin insert of, and to add Section 11325.45 to, end insert the Welfare and Institution Code, relating to CalWORKs.

LEGISLATIVE COUNSEL’S DIGEST

AB 814, as amended, 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 begin delete requirements end delete begin insert requirement end insert 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 begin insert , end insert 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. begin insert This bill would also authorize a county to establish a program that provides an incentive for teenagers and young adults who receive CalWORKs benefits, or who are members of an assistance unit that receives CalWORKs benefits, to earn a high school diploma or its equivalent. end insert 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 begin insert 16 years of age or older end insert 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 begin delete 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. end delete begin insert contained
in subdivision (a). end insert

begin delete

(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.

end delete begin delete

(d)

end delete

begin insert ( end insert begin insert c) end insert  A recipient shall cooperate in providing the county with
documentation routinely available from the school or school district
of regular attendance of all children begin delete 16 years of age or older end delete in the
assistance unit begin insert who are required to attend school pursuant to
subdivision (a) end insert when the county determines begin delete it end delete begin insert that documentation
is end insert necessary to begin delete establish the welfare-to-work requirements of a
minor. end delete begin insert determine eligibility for the CalWORKs program. end insert

begin delete

(e)

end delete

begin insert ( end insert begin insert d) end insert  If it is determined by the county that any child in the
assistance unit who is begin delete age 16 years or older end delete begin insert required to attend
school pursuant to subdivision (a) end insert 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 begin insert or because they have dropped out end insert
shall be encouraged to begin insert end insert begin insert return to school or to end insert pursue a
welfare-to-work plan that includes enrolling in begin insert a program designed
to assist individuals earn a high school diploma or its equivalent,
a certificate or apprenticeship program, or end insert an institution of higher
education.

begin insert

(e) Counties may establish a program, apart from the Cal-Learn
Program established pursuant to Article 3.5 (commencing with
Section 11331), that provides an incentive to teenagers and young
adults who receive benefits, or who are members of an assistance
unit that receives benefits, under this chapter to earn a high school
diploma or its equivalent.

end insert begin insert

(f) Notwithstanding Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code,
the department may implement, without taking regulatory action,
this section by means of an all county letter or similar instruction,
valid until January 1, 2015. The department shall, on or before
January 1, 2015, adopt regulations in accordance with the
requirements of Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 11325.45 is added to the end insert begin insert Welfare and
Institutions Code end insert begin insert , to read: end insert

begin insert

begin insert 11325.45. end insert   

When developing a recipient’s welfare-to-work plan
under Section 11325.21, evaluating a recipient’s need for
exemptions from welfare-to-work program requirements, and
determining which supportive services, if any, a recipient may
need in order to comply with a signed welfare-to-work plan, the
county shall consider the recipient’s obligation to compel a child
or the children in the assistance unit to attend school pursuant to
Chapter 2 (commencing with Section 48200) of Part 27 of Division
4 of Title 2 of the Education Code and the related fiscal and penal
consequences of failure to comply with that obligation.

end insert

begin delete SEC. 2. end delete
begin insert SEC. 3. end insert   

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.