BILL NUMBER: AB 1653 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 22, 2014
INTRODUCED BY Assembly Member Garcia
FEBRUARY 11, 2014
An act to amend Sections 11320.3 and 11322.85 of, to
repeal Section 11495.1 of, and to repeal and add Sections
Section 11495.15 and 11495.25 of,
and to add Section 11495.20 to, the Welfare and Institutions
Code, relating to public social services.
LEGISLATIVE COUNSEL'S DIGEST
AB 1653, as amended, Garcia. CalWORKs: victims of domestic
violence.
Existing law requires each county to provide cash assistance and
other social services to needy families through the California Work
Opportunity and Responsibility to Kids (CalWORKs) program using
federal Temporary Assistance to Needy Families (TANF)
block grant program, and state and county funds.
As part of the CalWORKs program, participants generally receive 24
months of specified welfare-to-work services and activities, after
which they are required to meet federal work participation
requirements, as specified. Existing law authorizes a
county to excuse a participant from the welfare-to-work requirements
for good cause if the person is a victim of domestic violence and
participation would be detrimental to or unfairly penalize the
individual or his or her family. Existing law also authorizes each
county to waive a program requirement at any time for a recipient who
is a past or present victim of abuse, as specified.
This bill would require the State Department of Social Services to
establish a standard, statewide notice and process to
ensure that applicants for, or recipients of, CalWORKs aid who are
past or present victims of domestic violence are not placed at
further risk or unfairly penalized by program requirements, rules, or
procedures to inform all CalWORKs applicants and
recipients that victims of domestic violence have a right to request
a waiver of pr ogram requirements . The bill would
also require , with specified verification, the
county to waive, for applicants or recipients, program requirements
that make it more difficult for the victim to escape
domestic violence, unfairly penalize the victim or family, or place
them at further risk or encourage them to remain with the abuser. The
bill would provide that a month in which an individual has been
granted an exemption from welfare-to-work requirements due to
domestic violence shall not be counted as one of the 24 months of
participation in welfare-to-work activities. The bill would require
human services agencies to develop a domestic violence service plan
that is consistent with federal law if the county
determines that good cause to waive those requirements exists, as
specified . The bill would also require counties to use the
standard, statewide notice or an approved county notice, to inform
all CalWORKs applicants and recipients of their rights and how to
secure a waiver. By increasing the duties of county human services
agencies, the 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. (a) In enacting this act, the
Legislature recognizes that some individuals who are in need of
public assistance are, or have been, victims of abuse.
(b) It is the intent of the Legislature to ensure that victims of
abuse and recipients who are past or present victims of abuse are not
placed at further risk or unfairly penalized by program requirements
or procedures.
(c) The Legislature intends that, in implementing this act, a
standard, statewide notice to CalWORKs applicants and recipients will
be established, informing them of rights for domestic violence
victims and survivors and instructing them how to secure these
rights, as well as referrals for counseling services.
SEC. 2. Section 11495.15 of the Welfare
and Institutions Code is amended to read:
11495.15. A county may shall waive a
program requirement for a recipient who has been identified as a
past or present victim of abuse when it has been determined that good
cause exists pursuant to paragraph (2) of subdivision (f) of Section
11320.3. Until implementation of the regulations required
pursuant to subdivision (b) of Section 11495.1, a county may utilize
standards, procedures, and protocols currently available, and shall
identify them in its county plan. Waivers shall be
reevaluated in accordance with other routine periodic
reevaluations conjunction with the annual and
semiannual determinations of eligibility completed by the
county.
SEC. 3. Section 11495.20 is added to the
Welfare and Institutions Code , to read:
11495.20. (a) The department, in consultation with county human
services agencies, domestic violence and CalWORKs advocates, and
CalWORKs caseworkers, shall develop a standard, statewide notice to
inform all CalWORKs applicants and recipients that victims of
domestic violence have a right to request a waiver of program
requirements. The notice shall include all of the following:
(1) Examples of the types of program requirements that may be
waived.
(2) Space for county-specific instructions for securing a waiver
and a domestic violence service plan.
(3) Space for county domestic abuse resources such as local
hotlines, domestic violence counseling agencies, and mental health
services.
(4) A statement addressing the scope of confidentiality.
(5) A definition of abuse, and other general information regarding
abuse, such as safety planning.
(6) Information about how to receive county assistance in
tailoring welfare-to-work plans to meet the needs of victims who do
not have a waiver of the welfare-to-work requirements.
(7) A description of the remedies that are available for immigrant
domestic violence survivors.
(b) A county shall inform all CalWORKs applicants and recipients
that a victim of domestic violence has the right to request a waiver
of program requirements, using the statewide notice described in this
section or a county notice that has been approved by the department.
The county shall give the notice, orally and in writing, when a
person applies for CalWORKs and during the welfare-to-work planning
process. The county shall also give the notice, in writing, when the
county redetermines eligibility or sends a notice of action for a
sanction resulting from failure to participate in a program
requirement, and whenever an applicant or recipient voluntarily
discloses that he or she is a victim of abuse. The county shall
retain, in a person's case file, proof that the county provided the
person with this notice.
(c) The department shall not approve a county's notice unless the
notice contains, at a minimum, all of the information described in
this section.
(d) An applicant or recipient shall not be required to disclose
his or her status, or the status of another member of the assistance
unit, as a victim or domestic violence in order to be eligible for
aid. If the recipient of a notice fails to immediately disclose
abuse, the county shall not use this fact as an independent basis to
find that the recipient is not credible or treat his or her
subsequent request for a domestic violence waiver with prejudice.
SEC. 4. 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.
SECTION 1. (a) In enacting this act, the
Legislature recognizes that some individuals who are in need of
public assistance are, or have been, victims of abuse.
(b) It is the intent of the Legislature to ensure that victims of
abuse and recipients who are past or present victims of abuse are not
placed at further risk or unfairly penalized by program requirements
or procedures.
(c) The Legislature intends that, in implementing this act, a
standard, statewide notice to CalWORKs applicants and recipients will
be established, informing them of rights for domestic violence
victims and survivors and instructing them how to secure these
rights, as well as referrals for counseling services.
(d) It is also the intent of the Legislature that program
requirements for aid under the CalWORKs program shall not be created
or applied in a way that would make it more difficult for a victim to
escape domestic violence or unfairly penalize the victim.
(e) The Legislature further intends that victims of domestic abuse
have the opportunity to benefit from the services and income
maintenance available through the CalWORKs program, enabling victims
and their families to transition to independence and lead healthy
lives free from domestic abuse.
(f) Finally, it is the intent of the Legislature that the county
human services agency refer victims of domestic violence to support
services, including those provided by the victim's health care
provider.
SEC. 2. Section 11320.3 of the Welfare and
Institutions Code is amended to read:
11320.3. (a) (1) Except as provided in subdivision (b) or if
otherwise exempt, every individual, as a condition of eligibility for
aid under this chapter, shall participate in welfare-to-work
activities under this article.
(2) Individuals eligible under Section 11331.5 shall be required
to participate in the Cal-Learn Program under Article 3.5 (commencing
with Section 11331) during the time that article is operative, in
lieu of the welfare-to-work requirements, and subdivision (b) shall
not apply to that individual.
(b) The following individuals shall not be required to participate
for so long as the condition continues to exist:
(1) An individual under 16 years of age.
(2) (A) A child attending an elementary, secondary, vocational, or
technical school on a full-time basis.
(B) A person who is 16 or 17 years of age, or a person described
in subdivision (d) who loses this exemption, shall not requalify for
the exemption by attending school as a required activity under this
article.
(C) Notwithstanding subparagraph (B), a person who is 16 or 17
years of age who has obtained a high school diploma or its equivalent
and is enrolled or is planning to enroll in a postsecondary
education, vocational, or technical school training program shall
also not be required to participate for so long as the condition
continues to exist.
(D) For purposes of subparagraph (C), a person shall be deemed to
be planning to enroll in a postsecondary education, vocational, or
technical school training program if he or she, or his or her parent,
acting on his or her behalf, submits a written statement expressing
his or her intent to enroll in such a program for the following term.
The exemption from participation shall not continue beyond the
beginning of the term, unless verification of enrollment is provided
or obtained by the county.
(3) An individual who meets either of the following conditions:
(A) The individual is disabled as determined by a doctor's
verification that the disability is expected to last at least 30 days
and that it significantly impairs the recipient's ability to be
regularly employed or participate in welfare-to-work activities,
provided that the individual is actively seeking appropriate medical
treatment.
(B) The individual is of advanced age.
(4) A nonparent caretaker relative who has primary responsibility
for providing care for a child and is either caring for a child who
is a dependent or ward of the court or caring for a child in a case
in which a county determines the child is at risk of placement in
foster care, and the county determines that the caretaking
responsibilities are beyond those considered normal day-to-day
parenting responsibilities such that they impair the caretaker
relative's ability to be regularly employed or to participate in
welfare-to-work activities.
(5) An individual whose presence in the home is required because
of illness or incapacity of another member of the household and whose
caretaking responsibilities impair the recipient's ability to be
regularly employed or to participate in welfare-to-work activities.
(6) A parent or other relative who meets the criteria in
subparagraph (A) or (B).
(A) (i) The parent or other relative has primary responsibility
for personally providing care to a child six months of age or under,
except that, on a case-by-case basis, and based on criteria developed
by the county, this period may be reduced to the first 12 weeks
after the birth or adoption of the child, or increased to the first
12 months after the birth or adoption of the child. An individual may
be exempt only once under this clause.
(ii) An individual who received an exemption pursuant to clause
(i) shall be exempt for a period of 12 weeks, upon the birth or
adoption of any subsequent children, except that this period may be
extended on a case-by-case basis to six months, based on criteria
developed by the county.
(iii) In making the determination to extend the period of
exception under clause (i) or (ii), the following may be considered:
(I) The availability of child care.
(II) Local labor market conditions.
(III) Other factors determined by the county.
(iv) Effective January 1, 2013, the parent or other relative has
primary responsibility for personally providing care to one child
from birth to 23 months, inclusive. The exemption provided for under
this clause shall be available in addition to any other exemption
provided for under this subparagraph. An individual may be exempt
only once under this clause.
(B) In a family eligible for aid under this chapter due to the
unemployment of the principal wage earner, the exemption criteria
contained in subparagraph (A) shall be applied to only one parent.
(7) A parent or other relative who has primary responsibility for
personally providing care to one child who is from 12 to 23 months of
age, inclusive, or two or more children who are under six years of
age.
(8) A woman who is pregnant and for whom it has been medically
verified that the pregnancy impairs her ability to be regularly
employed or participate in welfare-to-work activities or the county
has determined that, at that time, participation will not readily
lead to employment or that a training activity is not appropriate. If
a pregnant woman is unable to secure this medical verification, but
is otherwise eligible for an exemption from welfare-to-work
requirements under this section, including good cause for temporary
illness related to the pregnancy, she shall be exempt from
participation.
(c) Any individual not required to participate may choose to
participate voluntarily under this article, and end that
participation at any time without loss of eligibility for aid under
this chapter, if his or her status has not changed in a way that
would require participation.
(d) (1) Notwithstanding subdivision (a), a custodial parent who is
under 20 years of age and who has not earned a high school diploma
or its equivalent, and who is not exempt or whose only basis for
exemption is paragraph (1), (2), (5), (6), (7), or (8) of subdivision
(b), shall be required to participate solely for the purpose of
earning a high school diploma or its equivalent. During the time that
Article 3.5 (commencing with Section 11331) is operative, this
subdivision shall only apply to a custodial parent who is 19 years of
age.
(2) Section 11325.25 shall apply to a custodial parent who is 18
or 19 years of age and who is required to participate under this
article.
(e) Notwithstanding paragraph (1) of subdivision (d), the county
may determine that participation in education activities for the
purpose of earning a high school diploma or equivalent is
inappropriate for an 18 or 19 year old custodial parent only if that
parent is reassigned pursuant to an evaluation under Section
11325.25, or, at appraisal is already in an educational or vocational
training program that is approvable as a self-initiated program as
specified in Section 11325.23. If that determination is made, the
parent shall be allowed to continue participation in the
self-initiated program subject to Section 11325.23. During the time
that Article 3.5 (commencing with Section 11331) is operative, this
subdivision shall only apply to a custodial parent who is 19 years of
age.
(f) A recipient shall be excused from participation for good cause
when the county has determined there is a condition or other
circumstance that temporarily prevents or significantly impairs the
recipient's ability to be regularly employed or to participate in
welfare-to-work activities. The county welfare department shall
review the good cause determination for its continuing
appropriateness in accordance with the projected length of the
condition, or circumstance, but not less than every three months. The
recipient shall cooperate with the county welfare department and
provide information, including written documentation, as required to
complete the review. Conditions that may be considered good cause
include, but are not limited to, the following:
(1) Lack of necessary supportive services.
(2) Licensed or license-exempt child care for a child 10 years of
age or younger is not reasonably available during the individual's
hours of training or employment including commuting time, or
arrangements for child care have broken down or have been
interrupted, or child care is needed for a child who meets the
criteria of subparagraph (C) of paragraph (1) of subdivision (a) of
Section 11323.2, but who is not included in the assistance unit. For
purposes of this paragraph, "reasonable availability" means child
care that is commonly available in the recipient's community to a
person who is not receiving aid and that is in conformity with the
requirements of Public Law 104-193. The choices of child care shall
meet either licensing requirements or the requirements of Section
11324. This good cause criterion shall include the unavailability of
suitable special needs child care for children with identified
special needs, including, but not limited to, disabilities or chronic
illnesses.
(g) (1) Paragraph (7) of subdivision (b) shall be implemented
notwithstanding Sections 11322.4, 11322.7, 11325.6, and 11327, and
shall become inoperative on January 1, 2013.
(2) The State Department of Social Services, in consultation with
the County Welfare Directors Association of California, and
advocates, shall develop a process to assist clients with
reengagement in welfare-to-work activities, pursuant to subdivision
(h). Reengagement activities may include notifying clients of the
expiration of exemptions, reassessments, and identifying necessary
supportive services.
(h) (1) A recipient who was not required to participate in
welfare-to-work activities on December 31, 2012, because, in
accordance with paragraph (7) of subdivision (b), he or she is a
parent or other relative who has primary responsibility for
personally providing care to one child who is from 12 to 23 months of
age, inclusive, or two or more children who are under six years of
age shall not be required to participate until the county welfare
department reengages the recipient in welfare-to-work activities.
(2) For purposes of this subdivision, reengagement in
welfare-to-work activities shall include the development of a
welfare-to-work plan in accordance with Section 11325.21 and the
provision of necessary supportive services pursuant to Section
11323.2.
(3) County welfare departments shall reengage all recipients
described in paragraph (1) by January 1, 2015, unless the recipient
is otherwise eligible for an exemption under subdivision (b).
(4) A recipient reengaged in accordance with this subdivision who
has received assistance under this chapter, or from any state
pursuant to 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.)), may continue in a
welfare-to-work plan that meets the requirements of Section 11322.6
for a cumulative period of 24 months commencing the first day of the
first month after he or she is reengaged, unless or until he or she
exceeds the 48-month time limitation described in Section 11454.
(5) All months of assistance described in paragraph (4) prior to
the reengagement of the recipient shall not be applied to the
24-month limitation described in paragraph (1) of subdivision (a) of
Section 11322.85.
SEC. 3. Section 11322.85 of the Welfare and
Institutions Code is amended to read:
11322.85. (a) Unless otherwise exempt, an applicant or recipient
shall participate in welfare-to-work activities.
(1) For 24 cumulative months during a recipient's lifetime, these
activities may include the activities listed in Section 11322.6 that
are consistent with the assessment performed in accordance with
Section 11325.4 and that are included in the individual's
welfare-to-work plan, as described in Section 11325.21, to meet the
hours required in Section 11322.8. These 24 months need not be
consecutive.
(2) Any month in which the recipient meets the requirements of
Section 11322.8, through participation in an activity or activities
described in paragraph (3), shall not count as a month of activities
for purposes of the 24-month time limit described in paragraph (1).
(3) After a total of 24 months of participation in welfare-to-work
activities pursuant to paragraph (1), an aided adult shall
participate in one or more of the following welfare-to-work
activities, in accordance with Section 607(c) and (d) of Title 42 of
the United States Code as of the operative date of this section, that
are consistent with the assessment performed in accordance with
Section 11325.4, and included in the individual's welfare-to-work
plan, described in Section 11325.21:
(A) Unsubsidized employment.
(B) Subsidized private sector employment.
(C) Subsidized public sector employment.
(D) Work experience, including work associated with the
refurbishing of publicly assisted housing, if sufficient private
sector employment is not available.
(E) On-the-job training.
(F) Job search and job readiness assistance.
(G) Community service programs.
(H) Vocational educational training (not to exceed 12 months with
respect to any individual).
(I) Job skills training directly related to employment.
(J) Education directly related to employment, in the case of a
recipient who has not received a high school diploma or a certificate
of high school equivalency.
(K) Satisfactory attendance at a secondary school or in a course
of study leading to a certificate of general equivalence, in the case
of a recipient who has not completed secondary school or received
such a certificate.
(L) The provision of child care services to an individual who is
participating in a community service program.
(b) Any month in which any of the following conditions exists
shall not be counted as one of the 24 months of participation allowed
under paragraph (1) of subdivision (a):
(1) The recipient is participating in job search in accordance
with Section 11325.22, assessment pursuant to Section 11325.4, is in
the process of appraisal as described in Section 11325.2, or is
participating in the development of a welfare-to-work plan as
described in Section 11325.21.
(2) The recipient is no longer receiving aid, pursuant to Sections
11327.4 and 11327.5.
(3) The recipient has been excused from participation for good
cause, pursuant to Section 11320.3.
(4) The recipient is exempt from participation pursuant to
subdivision (b) of Section 11320.3.
(5) The recipient is only required to participate in accordance
with subdivision (d) of Section 11320.3.
(6) The recipient is participating in family stabilization
pursuant to Section 11325.24, and the recipient would meet the
criteria for good cause pursuant to Section 11320.3. This paragraph
may apply to a recipient for no more than six cumulative months.
(7) The recipient has been granted a domestic violence waiver
pursuant to Section 11495.15.
(c) County welfare departments shall provide each recipient who is
subject to the requirements of paragraph (3) of subdivision (a)
written notice describing the 24-month time limitation described in
that paragraph and the process by which recipients may claim
exemptions from, and extensions to, those requirements.
(d) The notice described in subdivision (c) shall be provided at
the time the individual applies for aid, during the recipient's
annual redetermination, and at least once after the individual has
participated for a total of 18 months, and prior to the end of the
21st month, that count toward the 24-month time limit.
(e) The notice described in this section shall include, but shall
not be limited to, all of the following:
(1) The number of remaining months the adult recipient may be
eligible to receive aid.
(2) The requirements that the recipient must meet in accordance
with paragraph (3) of subdivision (a) and the action that the county
will take if the adult recipient does not meet those requirements.
(3) The manner in which the recipient may dispute the number of
months counted toward the 24-month time limit.
(4) The opportunity for the recipient to modify his or her
welfare-to-work plan to meet the requirements of paragraph (3) of
subdivision (a).
(5) The opportunity for an exemption to, or extension of, the
24-month time limitation.
(f) For an individual subject to the requirements of paragraph (3)
of subdivision (a), who is not exempt or granted an extension, and
who does not meet those requirements, the provisions of Sections
11327.4, 11327.5, 11327.9, and 11328.2 shall apply to the extent
consistent with the requirements of this section. For purposes of
this section, the procedures referenced in this subdivision shall not
be described as sanctions.
(g) (1) The department, in consultation with stakeholders, shall
convene a workgroup to determine further details of the noticing and
engagement requirements for the 24-month time limit, and shall
instruct counties via an all-county letter, followed by regulations,
no later than 18 months after the
effective date of the act that added this section.
(2) The workgroup described in paragraph (1) may also make
recommendations to refine or differentiate the procedures and due
process requirements applicable to individuals as described in
subdivision (f).
(h) (1) Notwithstanding paragraph (3) of subdivision (a) or any
other law, an assistance unit that contains an eligible adult who has
received assistance under this chapter, or from any state pursuant
to 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.)) prior to January 1, 2013,
may continue in a welfare-to-work plan that meets the requirements of
Section 11322.6 for a cumulative period of 24 months commencing
January 1, 2013, unless or until he or she exceeds the 48-month time
limitation described in Section 11454.
(2) All months of assistance described in paragraph (1) prior to
January 1, 2013, shall not be applied to the 24-month limitation
described in paragraph (1) of subdivision (a).
(i) This section shall become operative on January 1, 2014.
SEC. 4. Section 11495.1 of the Welfare and
Institutions Code is repealed.
SEC. 5. Section 11495.15 of the Welfare and
Institutions Code is repealed.
SEC. 6. Section 11495.15 is added to the
Welfare and Institutions Code, to read:
11495.15. (a) The State Department of Social Services shall
establish a standard statewide notice and process to ensure that
applicants for, or recipients of, aid under this chapter who are past
or present victims of domestic violence are not subject to program
requirements, rules, or procedures that make it more difficult for
the victim to escape domestic violence, unfairly penalize the victim,
place the victim at further risk of abuse, or encourage the victim
to remain with his or her abuser.
(b) (1) A county shall, with verification provided pursuant to
Section 11495.25, temporarily waive a program requirement, subject to
subdivision (e), at any time for an applicant or recipient who is a
past or present victim of abuse when it has been determined that the
requirement makes it more difficult for the victim to escape domestic
violence, would unfairly penalize the victim or the victim's family,
places the victim at further risk of abuse, or encourages the victim
to remain with the abuser.
(2) A county shall, with verification provided pursuant to Section
11495.25, permanently waive the child support requirements set forth
in Section 11477, and any other requirement determined by the
department, at any time for an applicant or recipient who is a past
or present victim of abuse when it has been determined that the rule
or requirement makes it more difficult for the victim to escape
domestic violence, would unfairly penalize the victim or the victim's
family, places the victim at further risk of abuse, or encourages
the victim to remain with the abuser.
(3) A county shall, with verification provided pursuant to Section
11495.25, permanently waive the maximum family grant requirement set
forth in Section 11450.04.
(c) County human services agencies shall provide, or make a
referral to, available domestic violence services for an applicant or
recipient granted a temporary or permanent waiver pursuant to this
section, unless the applicant or recipient is already in receipt of
those services.
(d) County human services agencies shall develop a domestic
violence service plan that is consistent with Section 260.55(c) of
Title 45 of the Code of Federal Regulations and shall be prepared by
a county human services agency employee trained in domestic violence.
(e) (1) A temporary waiver granted pursuant to paragraph (1) of
subdivision (b) shall be reevaluated by the county human services
agency every six months following the granting of the waiver to
determine all of the following:
(A) If the conditions under which the temporary waiver was granted
still exist.
(B) Whether the recipient is participating in domestic violence
services pursuant to subdivision (c), as documented in writing by the
domestic violence service provider.
(C) Whether the recipient needs further domestic violence
services, as documented in writing by the domestic violence service
provider.
(D) Whether the domestic violence service provider documents in
writing that the recipient needs an additional six months of domestic
violence services.
(2) If the county human services agency determines that
subparagraphs (A) to (D), inclusive, of paragraph (1) have been met,
the county human services agency may grant additional six-month
extensions of the temporary waiver of program requirements.
(3) Nothing shall preclude the applicant or recipient from
contacting the county earlier than the six-month review to request
information or seek to participate in welfare-to-work activities,
regardless of whether he or she is waived from the welfare-to-work
requirements.
(f) Any month in which an individual has been granted an exemption
from welfare-to-work requirements under this section shall not be
counted as one of the 24 months of participation allowed under
paragraph (1) of subdivision (a) of Section 11322.85.
(g) County human services agencies shall use the standard
statewide notice or approved county notice to inform all CalWORKs
applicants and recipients of their right to request a waiver of
program requirements as established in this section. The notice shall
be given, orally and in writing, at the time of application and
during the welfare-to-work planning process. The notice shall be
given in writing at redetermination, in each notice of action for
sanction resulting from failure to participate in a program
requirement, and whenever an applicant or recipient voluntarily
discloses that he or she is a victim of abuse. Proof that the
applicant or recipient was provided with each notice shall be
retained in his or her case file.
(h) (1) The notice required by subdivision (g) shall be developed
by the department, in consultation with county human services
agencies, domestic violence and CalWORKs advocates, and CalWORKs
caseworkers, and it shall include all of the following:
(A) The rights and responsibilities established in this section.
(B) Examples of the types of program requirement waivers that may
be requested.
(C) Space for county-specific instructions for securing a waiver
and a service plan.
(D) Space for county domestic abuse resources, including mental
health services.
(E) Confidentiality and the limits thereof.
(F) The good cause exemption to the child support cooperation
requirement.
(G) General abuse information such as safety planning.
(H) Information about how to receive county assistance in
tailoring welfare-to-work plans to meet the needs of victims when
they do not have a waiver of the welfare-to-work requirements.
(I) Remedies available for immigrant domestic violence survivors.
(2) A county that wishes to use a notice it has developed may do
so with the approval of the department, provided that the notice
meets the minimum requirements of this subdivision.
(i) An applicant or recipient of aid shall not be required to
disclose his or her status, or the status of another member of the
authorized unit, as a domestic violence victim in order to receive
aid.
(j) (1) This section does not limit the authority of a county to
waive a program rule or requirement retroactively, if the past
application of the rule or requirement unfairly penalized the
individual or made it more difficult for the individual to escape the
abuse. The county shall require the applicant or recipient to
provide evidence of the past abuse, as described in subdivision (b)
of Section 11495.25, in order to waive a program requirement
retroactively, and may assist the applicant or recipient in obtaining
the evidence, as appropriate. A county shall not retroactively waive
a program requirement for more than 12 months.
(2) Notwithstanding paragraph (1), a county shall waive the
program requirements for more than 12 months if the county failed to
provide a written notice pursuant to subdivision (g). Retroactivity
shall be limited to the date the last written notice was provided to
the applicant or recipient by the county. Notwithstanding this
provision, retroactivity may be granted beyond the last written
notice if the county worker failed to assess whether a waiver should
be granted after the applicant or recipient has requested a waiver
and provided the appropriate documentation as specified in Section
11495.25. If denied a waiver, an applicant or recipient shall be
informed that he or she has a right to a hearing by an administrative
law judge.
SEC. 7. Section 11495.25 of the Welfare and
Institutions Code is repealed.
SEC. 8. Section 11495.25 is added to the
Welfare and Institutions Code, to read:
11495.25. When determining eligibility for a prospective waiver
of a program requirement established in Section 11495.15, either of
the following shall be accepted:
(a) A sworn statement by an applicant or recipient that past or
present abuse has occurred shall be sufficient for a prospective
waiver of program requirements, unless the county human services
agency documents in writing an independent, reasonable basis to find
that the applicant or recipient is not credible. If the county human
services agency documents that the applicant or recipient is not
credible, the applicant or recipient may provide evidence as set
further in subdivision (b). The applicant or recipient is not
precluded from voluntarily providing additional evidence that may be
available beyond a sworn statement. The evidence shall be retained in
the case file.
(b) Evidence required pursuant to subdivision (a) of this section
and subdivision (j) of Section 11495.15 that abuse, as defined in
Section 11495.12, is occurring or has occurred in the past shall
consist of either of the following:
(1) Police, government agency, or court records or files.
(2) Documentation from a domestic violence program, legal,
clerical, medical, or other professional from whom the applicant or
recipient is seeking or has sought assistance regarding the abuse.
SEC. 9. 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.