BILL NUMBER: AB 371	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Mullin

                        FEBRUARY 17, 2015

   An act to amend Sections 11401 and 11450.16 of, and to repeal and
add Sections 11201 and 11250 of, the Welfare and Institutions Code,
relating to public social services.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 371, as introduced, Mullin. CalWORKs Family Unity Act of 2016.
   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 block grant program,
state, and county funds. Existing law requires aid to be granted to a
family with a related child under 18 years of age who has been
deprived of parental support or care due to the unemployment,
continued absence, death, incapacity, or incarceration of a parent.
Existing law also provides, however, that a family receiving aid with
a child who is considered to be deprived of parental support or care
due to unemployment may continue to receive assistance regardless of
the number of hours his or her parent works, if the family does not
exceed the applicable gross or net income limits and is otherwise
eligible for assistance. Existing law requires families to be grouped
into assistance units for purposes of determining eligibility and
computing the amount of CalWORKs aid to be paid.
   This bill would instead require that aid be granted to a family
with a related child who is under 18 years of age if the family meets
applicable eligibility requirements, without regard to the absence
or employment status of the parent. The bill would prohibit, however,
an absent parent from being included in the family's assistance unit
for purposes of determining eligibility or computing the amount of
aid to be paid, as specified. To the extent that the bill would
expand eligibility for the CalWORKs program, which is administered by
counties, the bill would impose a state-mandated local program.
    This bill would require the department to issue an all-county
letter or similar instructions by March 1, 2016 and to adopt
regulations to implement the provisions of the bill by July 1, 2018.
   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.
    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.  This act shall be known, and may be cited, as the
CalWORKs Family Unity Act of 2015.
  SEC. 2.  Section 11201 of the Welfare and Institutions Code is
repealed. 
   11201.  For the purposes of this chapter, the following shall
apply:
   (a) "Unemployed parent" means a natural or adoptive parent with
whom the child is living.
   (b) A child for whom a parent is applying for assistance under
this chapter shall be considered to be deprived of parental support
or care due to the unemployment of his or her parent or parents when
the parent has worked less than 100 hours in the preceding four weeks
and meets the requirements concerning an unemployed parent in effect
on August 21, 1996, as set forth in Section 233.100 of Title 45 of
the Code of Federal Regulations except for the provisions of
subparagraph (i) to (v), inclusive, of paragraph (3) of subsection
(a) of that section.
   (c) A family receiving aid under this chapter with a child who is
considered to be deprived of parental support or care due to
unemployment may continue to receive assistance regardless of the
number of hours his or her parent works provided the family does not
exceed the applicable gross or net income limits and is otherwise
eligible for assistance. 
  SEC. 3.  Section 11201 is added to the Welfare and Institutions
Code, to read:
   11201.  For purposes of this chapter, "parent" means a natural or
adoptive parent with whom an eligible child is living.
  SEC. 4.  Section 11250 of the Welfare and Institutions Code is
repealed. 
   11250.  Aid, services, or both shall be granted under the
provisions of this chapter, and subject to the regulations of the
department, to families with related children under the age of 18
years, except as provided in Section 11253, in need thereof because
they have been deprived of parental support or care due to:
   (a) The death, physical or mental incapacity, or incarceration of
a parent.
   (b) The unemployment of a parent or parents.
   (c) Continued absence of a parent from the home due to divorce,
separation, desertion, or any other reason, except absence occasioned
solely by reason of the performance of active duty in the uniformed
services of the United States. "Continued absence" exists when the
nature of the absence is such as either to interrupt or to terminate
the parent's functioning as a provider of maintenance, physical care,
or guidance for the child, and the known or indefinite duration of
the absence precludes counting on the parent's performance of the
function of planning for the present support or care of the child. If
these conditions exist, the parent may be absent for any reason, and
may have left only recently or some time previously. 
  SEC. 5.  Section 11250 is added to the Welfare and Institutions
Code, to read:
   11250.  Aid, services, or both shall be granted under this
chapter, and subject to the regulations of the department, to
families with related children under 18 years of age, except as
provided in Section 11253, in need thereof, if the family meets the
eligibility requirements specified in this chapter.
  SEC. 6.  Section 11401 of the Welfare and Institutions Code is
amended to read:
   11401.  Aid in the form of AFDC-FC shall be provided under this
chapter on behalf of any child under 18 years of age, and, on and
after January 1, 2012, to any nonminor dependent who meets the
conditions of any of the following subdivisions:
   (a) The child has been relinquished, for purposes of adoption, to
a licensed adoption agency, or the department, or the parental rights
of either or both of his or her parents have been terminated after
an action under the Family Code has been brought by a licensed
adoption agency or the department, provided that the licensed
adoption agency or the department, if responsible for placement and
care, provides to those children all services as required by the
department to children in foster care.
   (b) The child has been removed from the physical custody of his or
her parent, relative, or guardian as a result of a voluntary
placement agreement or a judicial determination that continuance in
the home would be contrary to the child's welfare and that, if the
child was placed in foster care, reasonable efforts were made,
consistent with Chapter 5 (commencing with Section 16500) of Part 4,
to prevent or eliminate the need for removal of the child from his or
her home and to make it possible for the child to return to his or
her home, and any of the following applies:
   (1) The child has been adjudged a dependent child of the court on
the grounds that he or she is a person described by Section 300.
   (2) The child has been adjudged a ward of the court on the grounds
that he or she is a person described by Sections 601 and 602, or, on
or after January 1, 2012, the nonminor is under the transition
jurisdiction of the juvenile court pursuant to Section 450.
   (3) The child has been detained under a court order, pursuant to
Section 319 or 636, that remains in effect.
   (4) The child's or nonminor's dependency jurisdiction, or
transition jurisdiction pursuant to Section 450, has resumed pursuant
to Section 387, or subdivision (a) or (e) of Section 388.
   (c) The child has been voluntarily placed by his or her parent or
guardian pursuant to Section 11401.1.
   (d) The child is living in the home of a nonrelated legal
guardian.
   (e) On and after January 1, 2012, the child is a nonminor
dependent who is placed pursuant to a mutual agreement as set forth
in subdivision (u) of Section 11400, under the placement and care
responsibility of the county child welfare services department, an
Indian tribe that entered into an agreement pursuant to Section
10553.1, or the county probation department, or the child is a
nonminor dependent reentering foster care placement pursuant to a
voluntary agreement, as set forth in subdivision (z) of Section
11400.
   (f) The child has been placed in foster care under the federal
Indian Child Welfare Act. Sections 11402, 11404, and 11405 shall not
be construed as limiting payments to Indian children, as defined in
the federal Indian Child Welfare Act, placed in accordance with that
act.
   (g) To be eligible for federal financial participation, the
conditions described in paragraph (1), (2), (3), or (4) shall be
satisfied:
   (1) (A) The child meets the conditions of subdivision (b).
   (B) The child has been deprived of parental support or 
care for any of the reasons set forth in Section 11250. 
 care for any of the reasons set forth in Section 233.90 (c)(1)
of title 42 of the code of Federal Regulations.. 
   (C) The child has been removed from the home of a relative as
defined in Section 233.90(c)(1) of Title 45 of the Code of Federal
Regulations, as amended.
   (D) The requirements of Sections 671 and 672 of Title 42 of the
United States Code, as amended, have been met.
   (2) (A) The child meets the requirements of subdivision (h).
   (B) The requirements of Sections 671 and 672 of Title 42 of the
United States Code, as amended, have been met.
   (C) This paragraph shall be implemented only if federal financial
participation is available for the children described in this
paragraph.
   (3) (A) The child has been removed from the custody of his or her
parent, relative, or guardian as a result of a voluntary placement
agreement or a judicial determination that continuance in the home
would be contrary to the child's welfare and that, if the child was
placed in foster care, reasonable efforts were made, consistent with
Chapter 5 (commencing with Section 16500) of Part 4, to prevent or
eliminate the need for removal of the child from his or her home and
to make it possible for the child to return to his or her home, or
the child is a nonminor dependent who satisfies the removal criteria
in Section  472(a)(2)(A)(i))   472(a)(2)(A)(i)
 of the federal Social Security Act (42 U.S.C. Sec. 672 (a)(2)
(A)(i)) and agrees to the placement and care responsibility of the
placing agency by signing the voluntary reentry agreement, as set
forth in subdivision (z) of Section 11400, and any of the following
applies:
   (i) The child has been adjudged a dependent child of the court on
the grounds that he or she is a person described by Section 300.
   (ii) The child has been adjudged a ward of the court on the
grounds that he or she is a person described by Sections 601 and 602
or, on or after January 1, 2012, the nonminor is under the transition
jurisdiction of the juvenile court, pursuant to Section 450.
   (iii) The child has been detained under a court order, pursuant to
Section 319 or 636, that remains in effect.
   (iv) The child's or nonminor's dependency jurisdiction, or
transition jurisdiction pursuant to Section 450, has resumed pursuant
to Section 387, or subdivision (a) or (e) of Section 388.
   (B) The child has been placed in an eligible foster care
placement, as set forth in Section 11402.
   (C) The requirements of Sections 671 and 672 of Title 42 of the
United States Code have been satisfied.
   (D) This paragraph shall be implemented only if federal financial
participation is available for the children described in this
paragraph.
   (4) With respect to a nonminor dependent, in addition to meeting
the conditions specified in paragraph (1), the requirements of
Section 675(8)(B) of Title 42 of the United States Code have been
satisfied. With respect to a former nonminor dependent who reenters
foster care placement by signing the voluntary reentry agreement, as
set forth in subdivision (z) of Section 11400, the requirements for
AFDC-FC eligibility of Section 672(a)(3)(A) of Title 42 of the United
States Code are satisfied based on the nonminor's status as a
child-only case, without regard to the parents, legal guardians, or
others in the assistance unit in the home from which the nonminor was
originally removed.
   (h) The child meets all of the following conditions:
   (1) The child has been adjudged to be a dependent child or ward of
the court on the grounds that he or she is a person described in
Section 300, 601, or 602.
   (2) The child's parent also has been adjudged to be a dependent
child or nonminor dependent of the court on the grounds that he or
she is a person described by Section 300, 450, 601, or 602 and is
receiving benefits under this chapter.
   (3) The child is placed in the same licensed or approved foster
care facility in which his or her parent is placed and the child's
parent is receiving reunification services with respect to that
child.
  SEC. 7.  Section 11450.16 of the Welfare and Institutions Code is
amended to read:
   11450.16.  (a) For purposes of determining eligibility under this
chapter, and for computing the amount of aid payment under Section
11450, families shall be grouped into assistance units.
   (b) Every assistance unit shall include at least one of the
following persons:
   (1) One of each of the following:
   (A) An eligible child.
   (B) The caretaker relative of an otherwise eligible child who is
not receiving aid under Section 11250 because that child is receiving
benefits under Title XVI of the Social Security Act (Subchapter 16
(commencing with Section 1381) of Chapter 7 of Title 42 of the United
States Code), or Kin-GAP payments under Section 11364 or 11387, or
foster care payments under Section 11461.
   (2) A pregnant woman who is eligible for payments under
subdivision (c) of Section 11450.
   (c) Every assistance unit shall, in addition to the requirements
of subdivision (b), include the eligible parents of the eligible
child and the eligible siblings, including half-siblings, of the
eligible child when those persons reside in the same home as the
eligible child. This subdivision shall not apply to any convicted
offender who is permitted to reside at the home of the eligible child
as part of a court-imposed sentence and who is considered an absent
parent under  Section 11250   subdivision (d)
 . 
   (d) A parent shall not be included in the assistance unit if he or
she is absent from the home due to divorce, separation, desertion,
or any other reason, if his or her absence interrupts or terminates
the parent's functioning as a provider of maintenance, physical care,
or guidance for the child, and the known or indefinite duration of
the absence precludes counting on the parent's performance of the
function of planning for the present support or care of the child. If
these conditions exist, the parent may be absent for any reason, and
may have left only recently or some time previously.  
   (d) 
    (e)  An assistance unit may, at the option of the family
comprising the assistance unit, also include the nonparent caretaker
relative of the eligible child, the spouse of the parent of the
eligible child, otherwise eligible nonsibling children in the care of
the caretaker relative of the eligible child, and the alternatively
sentenced offender parent exempted under subdivision (c). 
   (e) 
    (f)  If two or more assistance units reside in the same
home, they shall be combined into one assistance unit when any of the
following circumstances occurs:
   (1) There is a common caretaker relative for the eligible
children.
   (2) One caretaker relative marries another caretaker relative.
   (3) Two caretaker relatives are the parents of an eligible child.

   (f) 
    (g)  For purposes of this section, "caretaker relative"
means the parent or other relative, as defined by regulations adopted
by the department, who exercises responsibility and control of a
child.
  SEC. 8.  (a) Notwithstanding the Administrative Procedure Act
(Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code), the State Department of Social
Services shall implement this act through an all-county letter or
similar instructions from the director no later than March 1, 2016.
   (b) The department shall adopt regulations as necessary to
implement this act no later than July 1, 2018.
  SEC. 9.  No appropriation pursuant to Section 15200 of the Welfare
and Institutions Code shall be made for purposes of implementing this
act.
  SEC. 10.   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.