Amended in Senate April 1, 2013

Senate BillNo. 252


Introduced by Senator Liu

February 12, 2013


An act tobegin delete add Article 6 (commencing with Section 123630) to Chapter 2 of Part 2 of Division 106 of the Health and Safety Code, and toend delete amend Section 11320.3 of, and to addbegin delete Sectionend deletebegin insert Sectionsend insert 11210.5begin insert and 11322.67end insert to, the Welfare and Institutions Code, relating to social services.

LEGISLATIVE COUNSEL’S DIGEST

SB 252, as amended, Liu. Social services: CalWORKsbegin delete and paid family leave.end deletebegin insert and unemployment and disability benefitsend insertbegin insert.end insert

begin delete

Existing law requires the State Department of Public Health to establish various programs for the support of maternal and child health.

end delete
begin delete

This bill would require the department to investigate and apply for all federal funding opportunities, including opportunities to draw down federal matching funds, to maximize the availability of public health or federal Health and Human Services Agency approved voluntary home visiting programs for low-income Californians.

end delete

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, state, and county funds. As part of the CalWORKs program, participants, unless specifically exempted, are required to participate in welfare-to-work activities. Existing law exempts from the welfare-to-workbegin delete provisionsend deletebegin insert requirementsend insert 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.

This bill wouldbegin delete exempt from the welfare-to-work provisions of CalWORKs a woman who is pregnant and for whom that the pregnancy impairs her ability to be regularly employed or participate in welfare-to-work activities andend deletebegin insert authorizeend insert a pregnant womanbegin delete who isend deletebegin insert to satisfy welfare-to-work participation requirements, as specified, byend insert participating in abegin insert voluntaryend insert maternal, infant, and early childhood home visiting program or another home visiting program for low-income Californians that is approved by thebegin delete federal Health and Human Services Agencyend deletebegin insert United States Department of Health and Human Services, subject to the receipt of a federal waiver, as providedend insert. The bill wouldbegin delete alsoend delete require the State Department of Social Services to work with the Employment Development Department to ensure that each applicant and recipient of CalWORKs is provided with information about paid family leavebegin insert, unemployment insurance, and pregnancy disability leaveend insert benefitsbegin insert, and would require the Employment Development Department to make certain training and information regarding paid family leave available to employees of the State Department of Social Services and county human services agencies. The bill would make a related statement of legislative intentend insert.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

begin deleteP2    1

SECTION 1.  

Article 6 (commencing with Section 123630) is
2added to Chapter 2 of Part 2 of Division 106 of the Health and
3Safety Code
, to read:

4 

5Article 6.  Early Child Home Visiting Programs
6

 

7

123630.  

The State Department of Public Health shall
8investigate and apply for all federal funding opportunities,
9including opportunities to draw down federal matching funds, to
10maximize the availability of public health or federal Health and
11Human Services Agency approved voluntary early child home
12visiting programs for low-income Californians.

end delete
13begin insert

begin insertSECTION 1.end insert  

end insert

begin insertIt is the intent of the Legislature to improve
14coordination among programs administered by the Employment
P3    1Development Department and the State Department of Social
2Services for working parents and pregnant women. The Legislature
3intends that this will not only improve the birth outcomes and
4academic achievement of California’s children, but will also reduce
5dependence on public assistance by helping parents to be
6successful in securing and retaining employment after the birth of
7a child. end insert

8

SEC. 2.  

Section 11210.5 is added to the Welfare and
9Institutions Code
, to read:

10

11210.5.  

begin insert(a)end insertbegin insertend insert For the purposes ofbegin delete increasing receipt of paid
11family leave benefits to eligible households andend delete
reducing the need
12forbegin delete CalWORKsend deletebegin insert aid provided under this chapter to pregnant women
13and caregivers who need to take time away from work to care for
14themselves or a sick family member or have recently lost
15employmentend insert
, the State Department of Social Services shall work
16with the Employment Development Department’s Disability
17Insurance Branch to ensure that each applicant and recipient of
18aid under this chapter is provided with information about paid
19family leavebegin insert, unemployment insurance, and pregnancy disability
20leaveend insert
benefits.

begin insert

21(b) The Employment Development Department shall permit
22employees of the State Department of Social Services and county
23human services agencies to participate in the training and
24informational sessions regarding paid family leave offered by the
25Employment Development Department and shall make training
26materials and information available to them for use with applicants
27or recipients of aid under this chapter.

end insert
28

SEC. 3.  

Section 11320.3 of the Welfare and Institutions Code
29 is amended to read:

30

11320.3.  

(a) (1) Except as provided in subdivision (b) or if
31otherwise exempt, every individual, as a condition of eligibility
32for aid under this chapter, shall participate in welfare-to-work
33activities under this article.

34(2) Individuals eligible under Section 11331.5 shall be required
35to participate in the Cal-Learn Program under Article 3.5
36(commencing with Section 11331) during the time that article is
37operative, in lieu of the welfare-to-work requirements, and
38subdivision (b) shall not apply to that individual.

39(b) The following individuals shall not be required to participate
40for so long as the condition continues to exist:

P4    1(1) An individual under 16 years of age.

2(2) (A) A child attending an elementary, secondary, vocational,
3or technical school on a full-time basis.

4(B) A person who is 16 or 17 years of age, or a person described
5in subdivision (d) who loses this exemption, shall not requalify
6for the exemption by attending school as a required activity under
7this article.

8(C) Notwithstanding subparagraph (B), a person who is 16 or
917 years of age who has obtained a high school diploma or its
10equivalent and is enrolled or is planning to enroll in a
11postsecondary education, vocational, or technical school training
12program shall also not be required to participate for so long as the
13condition continues to exist.

14(D) For purposes of subparagraph (C), a person shall be deemed
15to be planning to enroll in a postsecondary education, vocational,
16or technical school training program if he or she, or his or her
17parent, acting on his or her behalf, submits a written statement
18expressing his or her intent to enroll in such a program for the
19following term. The exemption from participation shall not
20continue beyond the beginning of the term, unless verification of
21enrollment is provided or obtained by the county.

22(3) An individual who meets either of the following conditions:

23(A) The individual is disabled as determined by a doctor’s
24verification that the disability is expected to last at least 30 days
25and that it significantly impairs the recipient’s ability to be
26regularly employed or participate in welfare-to-work activities,
27provided that the individual is actively seeking appropriate medical
28treatment.

29(B) The individual is of advanced age.

30(4) A nonparent caretaker relative who has primary
31responsibility for providing care for a child and is either caring for
32a child who is a dependent or ward of the court or caring for a
33child in a case in which a county determines the child is at risk of
34placement in foster care, and the county determines that the
35caretaking responsibilities are beyond those considered normal
36day-to-day parenting responsibilities such that they impair the
37caretaker relative’s ability to be regularly employed or to participate
38in welfare-to-work activities.

39(5) An individual whose presence in the home is required
40because of illness or incapacity of another member of the household
P5    1and whose caretaking responsibilities impair the recipient’s ability
2to be regularly employed or to participate in welfare-to-work
3activities.

4(6) A parent or other relative who meets the criteria in
5subparagraph (A) or (B).

6(A) (i) The parent or other relative has primary responsibility
7for personally providing care to a child six months of age or under,
8except that, on a case-by-case basis, and based on criteria
9developed by the county, this period may be reduced to the first
1012 weeks after the birth or adoption of the child, or increased to
11the first 12 months after the birth or adoption of the child. An
12individual may be exempt only once under this clause.

13(ii) An individual who received an exemption pursuant to clause
14(i) shall be exempt for a period of 12 weeks, upon the birth or
15adoption of any subsequent children, except that this period may
16be extended on a case-by-case basis to six months, based on criteria
17developed by the county.

18(iii) In making the determination to extend the period of
19exception under clause (i) or (ii), the following may be considered:

20(I) The availability of child care.

21(II) Local labor market conditions.

22(III) Other factors determined by the county.

23(iv) Effective January 1, 2013, the parent or other relative has
24primary responsibility for personally providing care to one child
25from birth to 23 months, inclusive. The exemption provided for
26under this clause shall be available in addition to any other
27exemption provided for under this subparagraph. An individual
28may be exempt only once under this clause.

29(B) In a family eligible for aid under this chapter due to the
30unemployment of the principal wage earner, the exemption criteria
31contained in subparagraph (A) shall be applied to only one parent.

32(7) A parent or other relative who has primary responsibility
33for personally providing care to one child who is from 12 to 23
34months of age, inclusive, or two or more children who are under
35six years of age.

36(8) A woman who is pregnant and for whombegin insert it has been
37medically verified that end insert
the pregnancy impairs her ability to be
38regularly employed or participate in welfare-to-work activities or
39the county has determined that, at that time, participation will not
40readily lead to employment or that a training activity is not
P6    1appropriate.begin insert If a pregnant woman is unable to secure this medical
2verification, she shall be nonetheless eligible for other exemptions
3from the welfare-to-work requirements, including the exception
4for good cause provided in subdivision (f).end insert

begin delete

5(9) A pregnant woman who is participating in a maternal, infant,
6and early childhood home visiting (MIECHV) program or another
7home visiting program for low-income Californians that is
8approved by the federal Health and Human Services Agency.

end delete

9(c) Any individual not required to participate may choose to
10participate voluntarily under this article, and end that participation
11at any time without loss of eligibility for aid under this chapter, if
12his or her status has not changed in a way that would require
13participation.

14(d) (1) Notwithstanding subdivision (a), a custodial parent who
15is under 20 years of age and who has not earned a high school
16diploma or its equivalent, and who is not exempt or whose only
17basis for exemption is paragraph (1), (2), (5), (6), (7), or (8) of
18 subdivision (b), shall be required to participate solely for the
19purpose of earning a high school diploma or its equivalent. During
20the time that Article 3.5 (commencing with Section 11331) is
21operative, this subdivision shall only apply to a custodial parent
22who is 19 years of age.

23(2) Section 11325.25 shall apply to a custodial parent who is
2418 or 19 years of age and who is required to participate under this
25article.

26(e) Notwithstanding paragraph (1) of subdivision (d), the county
27may determine that participation in education activities for the
28purpose of earning a high school diploma or equivalent is
29inappropriate for an 18 or 19 year old custodial parent only if that
30parent is reassigned pursuant to an evaluation under Section
3111325.25, or, at appraisal is already in an educational or vocational
32training program that is approvable as a self-initiated program as
33specified in Section 11325.23. If that determination is made, the
34parent shall be allowed to continue participation in the self-initiated
35program subject to Section 11325.23. During the time that Article
363.5 (commencing with Section 11331) is operative, this subdivision
37shall only apply to a custodial parent who is 19 years of age.

38(f) A recipient shall be excused from participation for good
39cause when the county has determined there is a condition or other
40circumstance that temporarily prevents or significantly impairs
P7    1the recipient’s ability to be regularly employed or to participate in
2welfare-to-work activities. The county welfare department shall
3review the good cause determination for its continuing
4appropriateness in accordance with the projected length of the
5condition, or circumstance, but not less than every three months.
6The recipient shall cooperate with the county welfare department
7and provide information, including written documentation, as
8 required to complete the review. Conditions that may be considered
9good cause include, but are not limited to, the following:

10(1) Lack of necessary supportive services.

11(2) In accordance with Article 7.5 (commencing with Section
1211495), the applicant or recipient is a victim of domestic violence,
13but only if participation under this article is detrimental to or
14unfairly penalizes that individual or his or her family.

15(3) Licensed or license-exempt child care for a child 10 years
16of age or younger is not reasonably available during the
17individual’s hours of training or employment including commuting
18time, or arrangements for child care have broken down or have
19been interrupted, or child care is needed for a child who meets the
20criteria of subparagraph (C) of paragraph (1) of subdivision (a) of
21Section 11323.2, but who is not included in the assistance unit.
22For purposes of this paragraph, “reasonable availability” means
23child care that is commonly available in the recipient’s community
24to a person who is not receiving aid and that is in conformity with
25the requirements of Public Law 104-193. The choices of child care
26shall meet either licensing requirements or the requirements of
27Section 11324. This good cause criterion shall include the
28unavailability of suitable special needs child care for children with
29identified special needs, including, but not limited to, disabilities
30or chronic illnesses.

31(g) (1) Paragraph (7) of subdivision (b) shall be implemented
32notwithstanding Sections 11322.4, 11322.7, 11325.6, and 11327,
33and shall become inoperative on January 1, 2013.

34(2) The State Department of Social Services, in consultation
35with the County Welfare Directors Association of California, and
36advocates, shall develop a process to assist clients with
37reengagement in welfare-to-work activities, pursuant to subdivision
38(h). Reengagement activities may include notifying clients of the
39expiration of exemptions, reassessments, and identifying necessary
40supportive services.

P8    1(h) (1) A recipient who was not required to participate in
2welfare-to-work activities on December 31, 2012, because, in
3accordance with paragraph (7) of subdivision (b), he or she is a
4parent or other relative who has primary responsibility for
5personally providing care to one child who is from 12 to 23 months
6of age, inclusive, or two or more children who are under six years
7of age shall not be required to participate until the county welfare
8department reengages the recipient in welfare-to-work activities.

9(2) For purposes of this subdivision, reengagement in
10welfare-to-work activities shall include the development of a
11welfare-to-work plan in accordance with Section 11325.21 and
12the provision of necessary supportive services pursuant to Section
1311323.2.

14(3) County welfare departments shall reengage all recipients
15described in paragraph (1) by January 1, 2015, unless the recipient
16is otherwise eligible for an exemption under subdivision (b).

17(4) A recipient reengaged in accordance with this subdivision
18who has received assistance under this chapter, or from any state
19pursuant to the Temporary Assistance for Needy Families program
20(Part A (commencing with Section 401) of Title IV of the federal
21Social Security Act (42 U.S.C. Sec. 601 et seq.)), may continue
22in a welfare-to-work plan that meets the requirements of Section
2311322.6 for a cumulative period of 24 months commencing the
24first day of the first month after he or she is reengaged, unless or
25until he or she exceeds the 48-month time limitation described in
26Section 11454.

27(5) All months of assistance described in paragraph (4) prior to
28the reengagement of the recipient shall not be applied to the
2924-month limitation described in paragraph (1) of subdivision (a)
30of Section 11322.85.

31begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 11322.67 is added to the end insertbegin insertWelfare and
32Institutions Code
end insert
begin insert, to read:end insert

begin insert
33

begin insert11322.67.end insert  

(a) If a pregnant woman is required to participate
34in work under this article, she may satisfy the work participation
35requirements by participating in a voluntary maternal, infant, and
36early childhood home visiting program or another voluntary home
37visiting program for low-income Californians that is approved by
38the United States Department of Health and Human Services. The
39hours that the woman participates in the home visiting program
P9    1shall be applied to the work participation hours required by Section
211322.8 for a period of no longer than one year.

3(b) This section shall be implemented only upon receipt of a
4waiver by the United States Department of Health and Human
5Services, in accordance with Section 11329.2.

end insert


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