AB 2382, as amended, Bradford. CalWORKs: eligibility: truancy.
(1) 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 requirement 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 wouldbegin delete require that,end deletebegin insert authorize,end insert if the county determines that a childbegin delete who is 16 years of age or olderend delete is not attending school, the countybegin insert toend insert inform the family of how to enroll the child in a continuation school within the county and screen the family to determine its eligibility for family stabilization services, as specified. The bill would require thebegin delete countyend deletebegin insert county, if applicable,end insert
to document that the family was given this information and was screened for those services. The bill wouldbegin delete prohibit the consideration ofend deletebegin insert allow the county to considerend insert thebegin delete child’send delete needsbegin insert of a child in the assistance unit who is 16 years of age or olderend insert in computing the grant to the family for any month in which the county is informed by a school district or a county school attendance review board that the child did not attend schoolbegin delete unlessend deletebegin insert if at leastend insert
one of several circumstances is present, including that the county is provided with evidence that the child has been attending school or there is good cause for school nonparticipation at any time during the month. The bill would provide that a child whose needs are excluded from computing the family grant would remain eligible for services that may lead to school attendance.begin delete By imposingend deletebegin insert To the extent this bill would increase benefit amounts and imposeend insert additional duties on counties, the bill would impose a state-mandated local program.
(2) Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program.
This bill would instead provide that the continuous appropriation would not be made for purposes of implementing the bill.
(3) 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 11253.5 of the Welfare and Institutions
2Code is amended to read:
(a) All childrenbegin delete 16 years of age or olderend delete in an
4assistance unit for whom school attendance is compulsory, except
5individuals who are eligible for the Cal-Learn Program under
6Article 3.5 (commencing with Section 11331), for any period
7during which that article is operative, and children subject to a
8county school attendance project under Article 2 (commencing
9with Section 18236) of Chapter 3.3 of Part 6, shall be required to
10attend school pursuant to subdivision (f).
11(b) Applicants for and recipients of aid under this chapter shall
12be informed of the attendance requirement in subdivision (a) and
13it shall be
included in the recipients’ welfare-to-work plan under
14Section 11325.21.
15(c) A recipient shall cooperate in providing the county with
16documentation routinely available from the school or school district
17of regular attendance of all applicable childrenbegin insert described in
18subdivision (a)end insert in the assistance unitbegin delete described in subdivision (a)end delete
19 when the county determines it isbegin delete necessary to determine eligibility,end delete
20begin insert appropriate,end insert unless there is good cause for the inability to secure
21that documentation.
22(d) If it is determined by the county that any child in the
23assistance unitbegin delete who is age 16 years or olderend delete
is not attending school
24as required by subdivision (a), the familybegin delete shallend deletebegin insert mayend insert be informed
25of how to enroll the child in a continuation school within the county
26andbegin insert may beend insert screened to determine eligibility for family stabilization
27services pursuant to Section 11325.24 and in accordance with
28county policy and procedures.begin delete Theend deletebegin insert If applicable, theend insert county shall
29document that the family was given this information and was
30screened for those services. The needs ofbegin delete theend deletebegin insert
aend insert childbegin insert in the
31assistance unit who is 16 years of age or olderend insert shall not be
P4 1considered in computing the grant of the family under Section
211450 for any month in which the county is informed by a school
3district or a county school attendance review board that the child
4did not attend school pursuant to subdivision (f), unlessbegin insert at leastend insert
5 one of the following conditions is present:
6(1) The county is provided with evidence that the child’s
7attendance records are not available.
8(2) The county is provided with evidence that the child has been
9attending
school.
10(3) Good cause for school nonparticipation exists at any time
11during the month.
12(4) Any member of the household is eligible to participate in
13family stabilization pursuant to Section 11325.24.
14(5) The county is provided with evidence that the child, parent,
15or caregiver is complying with requirements imposed by a school
16attendance review board, the county probation department, or the
17district attorney pursuant to Section 48263 or 48263.5 of the
18Education Code.
19(6) A member of the household is cooperating with a plan
20developed by a county child welfare agency.
21(e) A child whose needs have not
been considered in computing
22the grant of the family pursuant to this section shall remain eligible
23for services that may lead to attendance in school.
24(f) For the purposes of this section, a child shall be presumed
25to be attending school unless he or she has been deemed a chronic
26truant pursuant to Section 48263.6 of the Education Code.
No appropriation pursuant to Section 15200 of the
28Welfare and Institutions Code shall be made for purposes of
29implementing this act.
If the Commission on State Mandates determines that
31this act contains costs mandated by the state, reimbursement to
32local agencies and school districts for those costs shall be made
33pursuant to Part 7 (commencing with Section 17500) of Division
344 of Title 2 of the Government Code.
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