Amended in Senate June 29, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 371


Introduced by Assembly Member Mullin

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(Coauthor: Assembly Member Lopez)

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February 17, 2015


An act tobegin delete amend Sections 11401 and 11450.16 of, and to repealend deletebegin insert amend, repeal,end insert and add Sectionsbegin delete 11201 and 11250 of,end deletebegin insert 11250, 11320.3, 11322.8, 11401, and 11450.16 ofend insert the Welfare and Institutions Code, relating to public social services.

LEGISLATIVE COUNSEL’S DIGEST

AB 371, as amended, Mullin. CalWORKs Family Unity Act ofbegin delete 2016.end deletebegin insert 2015.end insert

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 billbegin delete wouldend deletebegin insert would, commencing July 15, 2016,end insert 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.

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Under existing law, a recipient of CalWORKs is required to participate in welfare-to-work activities for a specified number of hours each week as a condition of eligibility for aid. Existing law exempts a person with a disability, as specified, from participation in welfare-to-work activities.

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begin insert

This bill would recast these provisions and would clarify that an adult in an assistance unit that includes two adults, one of whom is disabled, is required to participate in welfare-to-work activities for the same number of hours per week as an adult in an assistance unit that includes only one adult.

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This bill would require the department to issue an all-county letter or similar instructionsbegin delete by March 1, 2016end delete 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:

P3    1

SECTION 1.  

This act shall be known, and may be cited, as the
2CalWORKs Family Unity Act of 2015.

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SEC. 2.  

Section 11201 of the Welfare and Institutions Code is
4repealed.

end delete
5begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 11201 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
6amended to read:end insert

7

11201.  

For the purposes of this chapter, the following shall
8apply:

9(a) “Unemployed parent” means a natural or adoptive parent
10with whom the child is living.

11(b) A child for whom a parent is applying for assistance under
12this chapter shall be considered to be deprived of parental support
13or care due to the unemployment of his or her parent or parents
14when the parent has worked less than 100 hours in the preceding
15four weeks and meets the requirements concerning an unemployed
16parent in effect on August 21, 1996, as set forth in Section 233.100
17of Title 45 of the Code of Federal Regulations except for the
18provisions of subparagraph (i) to (v), inclusive, of paragraph (3)
19of subsection (a) of that section.

20(c) A family receiving aid under this chapter with a child who
21is considered to be deprived of parental support or care due to
22unemployment may continue to receive assistance regardless of
23the number of hours his or her parent works provided the family
24does not exceed the applicable gross or net income limits and is
25otherwise eligible for assistance.

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26(d) This section shall become inoperative on July 15, 2016, and,
27as of January 1, 2017, is repealed, unless a later enacted statute,
28that becomes operative on or before January 1, 2017, deletes or
29extends the dates on which it becomes inoperative and is repealed.

end insert
30

SEC. 3.  

Section 11201 is added to the Welfare and Institutions
31Code
, to read:

32

11201.  

begin insert(a)end insertbegin insertend insertFor purposes of this chapter, “parent” means a
33natural or adoptivebegin delete parent with whom an eligible child is living.end delete
34begin insert parent.end insert

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35(b) This section shall become operative on July 15, 2016.

end insert
begin delete36

SEC. 4.  

Section 11250 of the Welfare and Institutions Code is
37repealed.

end delete
P4    1begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 11250 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
2amended to read:end insert

3

11250.  

Aid, services, or both shall be granted under the
4provisions of this chapter, and subject to the regulations of the
5department, to families with related children under the age of 18
6years, except as provided in Section 11253, in need thereof because
7they have been deprived of parental support or care due to:

8(a) The death, physical or mental incapacity, or incarceration
9of a parent.

10(b) The unemployment of a parent or parents.

11(c) Continued absence of a parent from the home due to divorce,
12separation, desertion, or any other reason, except absence
13occasioned solely by reason of the performance of active duty in
14the uniformed services of the United States. “Continued absence”
15exists when the nature of the absence is such as either to interrupt
16or to terminate the parent’s functioning as a provider of
17maintenance, physical care, or guidance for the child, and the
18known or indefinite duration of the absence precludes counting
19on the parent’s performance of the function of planning for the
20present support or care of the child. If these conditions exist, the
21parent may be absent for any reason, and may have left only
22recently or some time previously.

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23(d) This section shall become inoperative on July 15, 2016, and,
24as of January 1, 2017, is repealed, unless a later enacted statute,
25that becomes operative on or before January 1, 2017, deletes or
26extends the dates on which it becomes inoperative and is repealed.

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27

SEC. 5.  

Section 11250 is added to the Welfare and Institutions
28 Code
, to read:

29

11250.  

begin insert(a)end insertbegin insertend insertAid, services, or both shall be granted under this
30chapter, and subject to the regulations of the department, to families
31with related children under 18 years of age, except as provided in
32Section 11253, in need thereof, if the family meets the eligibility
33requirements specified in this chapter.

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34(b) This section shall become operative on July 15, 2016.

end insert
begin delete
35

SEC. 6.  

Section 11401 of the Welfare and Institutions Code is
36amended to read:

37

11401.  

Aid in the form of AFDC-FC shall be provided under
38this chapter on behalf of any child under 18 years of age, and, on
39and after January 1, 2012, to any nonminor dependent who meets
40the conditions of any of the following subdivisions:

P5    1(a) The child has been relinquished, for purposes of adoption,
2to a licensed adoption agency, or the department, or the parental
3rights of either or both of his or her parents have been terminated
4after an action under the Family Code has been brought by a
5licensed adoption agency or the department, provided that the
6licensed adoption agency or the department, if responsible for
7placement and care, provides to those children all services as
8required by the department to children in foster care.

9(b) The child has been removed from the physical custody of
10his or her parent, relative, or guardian as a result of a voluntary
11placement agreement or a judicial determination that continuance
12in the home would be contrary to the child’s welfare and that, if
13the child was placed in foster care, reasonable efforts were made,
14consistent with Chapter 5 (commencing with Section 16500) of
15Part 4, to prevent or eliminate the need for removal of the child
16from his or her home and to make it possible for the child to return
17to his or her home, and any of the following applies:

18(1) The child has been adjudged a dependent child of the court
19on the grounds that he or she is a person described by Section 300.

20(2) The child has been adjudged a ward of the court on the
21grounds that he or she is a person described by Sections 601 and
22602, or, on or after January 1, 2012, the nonminor is under the
23transition jurisdiction of the juvenile court pursuant to Section
24450.

25(3) The child has been detained under a court order, pursuant
26to Section 319 or 636, that remains in effect.

27(4) The child’s or nonminor’s dependency jurisdiction, or
28transition jurisdiction pursuant to Section 450, has resumed
29pursuant to Section 387, or subdivision (a) or (e) of Section 388.

30(c) The child has been voluntarily placed by his or her parent
31or guardian pursuant to Section 11401.1.

32(d) The child is living in the home of a nonrelated legal guardian.

33(e) On and after January 1, 2012, the child is a nonminor
34dependent who is placed pursuant to a mutual agreement as set
35forth in subdivision (u) of Section 11400, under the placement and
36care responsibility of the county child welfare services department,
37an Indian tribe that entered into an agreement pursuant to Section
3810553.1, or the county probation department, or the child is a
39nonminor dependent reentering foster care placement pursuant to
P6    1a voluntary agreement, as set forth in subdivision (z) of Section
211400.

3(f) The child has been placed in foster care under the federal
4Indian Child Welfare Act. Sections 11402, 11404, and 11405 shall
5not be construed as limiting payments to Indian children, as defined
6in the federal Indian Child Welfare Act, placed in accordance with
7that act.

8(g) To be eligible for federal financial participation, the
9conditions described in paragraph (1), (2), (3), or (4) shall be
10satisfied:

11(1) (A) The child meets the conditions of subdivision (b).

12(B) The child has been deprived of parental support or care for
13any of the reasons set forth in Section 233.90 (c)(1) of title 42 of
14the code of Federal Regulations..

15(C) The child has been removed from the home of a relative as
16defined in Section 233.90(c)(1) of Title 45 of the Code of Federal
17Regulations, as amended.

18(D) The requirements of Sections 671 and 672 of Title 42 of
19the United States Code, as amended, have been met.

20(2) (A) The child meets the requirements of subdivision (h).

21(B) The requirements of Sections 671 and 672 of Title 42 of
22the United States Code, as amended, have been met.

23(C) This paragraph shall be implemented only if federal financial
24participation is available for the children described in this
25paragraph.

26(3) (A) The child has been removed from the custody of his or
27her parent, relative, or guardian as a result of a voluntary placement
28agreement or a judicial determination that continuance in the home
29would be contrary to the child’s welfare and that, if the child was
30placed in foster care, reasonable efforts were made, consistent with
31Chapter 5 (commencing with Section 16500) of Part 4, to prevent
32or eliminate the need for removal of the child from his or her home
33and to make it possible for the child to return to his or her home,
34or the child is a nonminor dependent who satisfies the removal
35criteria in Section 472(a)(2)(A)(i) of the federal Social Security
36Act (42 U.S.C. Sec. 672 (a)(2)(A)(i)) and agrees to the placement
37and care responsibility of the placing agency by signing the
38voluntary reentry agreement, as set forth in subdivision (z) of
39Section 11400, and any of the following applies:

P7    1(i) The child has been adjudged a dependent child of the court
2on the grounds that he or she is a person described by Section 300.

3(ii) The child has been adjudged a ward of the court on the
4grounds that he or she is a person described by Sections 601 and
5602 or, on or after January 1, 2012, the nonminor is under the
6transition jurisdiction of the juvenile court, pursuant to Section
7450.

8(iii) The child has been detained under a court order, pursuant
9to Section 319 or 636, that remains in effect.

10(iv) The child’s or nonminor’s dependency jurisdiction, or
11transition jurisdiction pursuant to Section 450, has resumed
12pursuant to Section 387, or subdivision (a) or (e) of Section 388.

13(B) The child has been placed in an eligible foster care
14placement, as set forth in Section 11402.

15(C) The requirements of Sections 671 and 672 of Title 42 of
16the United States Code have been satisfied.

17(D) This paragraph shall be implemented only if federal financial
18participation is available for the children described in this
19paragraph.

20(4) With respect to a nonminor dependent, in addition to meeting
21the conditions specified in paragraph (1), the requirements of
22Section 675(8)(B) of Title 42 of the United States Code have been
23satisfied. With respect to a former nonminor dependent who
24reenters foster care placement by signing the voluntary reentry
25agreement, as set forth in subdivision (z) of Section 11400, the
26requirements for AFDC-FC eligibility of Section 672(a)(3)(A) of
27Title 42 of the United States Code are satisfied based on the
28nonminor’s status as a child-only case, without regard to the
29parents, legal guardians, or others in the assistance unit in the home
30from which the nonminor was originally removed.

31(h) The child meets all of the following conditions:

32(1) The child has been adjudged to be a dependent child or ward
33of the court on the grounds that he or she is a person described in
34 Section 300, 601, or 602.

35(2) The child’s parent also has been adjudged to be a dependent
36child or nonminor dependent of the court on the grounds that he
37or she is a person described by Section 300, 450, 601, or 602 and
38is receiving benefits under this chapter.

P8    1(3) The child is placed in the same licensed or approved foster
2care facility in which his or her parent is placed and the child’s
3parent is receiving reunification services with respect to that child.

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4

begin deleteSEC. 7.end delete
5begin insertSEC. 6.end insert  

Section 11450.16 of the Welfare and Institutions Code
6 is amended to read:

7

11450.16.  

(a) For purposes of determining eligibility under
8this chapter, and for computing the amount of aid payment under
9Section 11450, families shall be grouped into assistance units.

10(b) Every assistance unit shall include at least one of the
11following persons:

12(1) One of each of the following:

13(A) An eligible child.

14(B) The caretaker relative of an otherwise eligible child who is
15not receiving aid under Section 11250 because that child is
16receiving benefits under Title XVI of the Social Security Act
17(Subchapter 16 (commencing with Section 1381) of Chapter 7 of
18Title 42 of the United States Code), or Kin-GAP payments under
19Section 11364 or 11387, or foster care payments under Section
2011461.

21(2) A pregnant woman who is eligible for payments under
22subdivision (c) of Section 11450.

23(c) Every assistance unit shall, in addition to the requirements
24of subdivision (b), include the eligible parents of the eligible child
25and the eligible siblings, including half-siblings, of the eligible
26child when those persons reside in the same home as the eligible
27child. This subdivision shall not apply to any convicted offender
28who is permitted to reside at the home of the eligible child as part
29of a court-imposed sentence and who is considered an absent parent
30under subdivision (d).

31(d) A parent shall not be included in the assistance unit if he or
32she is absent from the home due to divorce, separation, desertion,
33or any other reason, if his or her absence interrupts or terminates
34the parent’s functioning as a provider of maintenance, physical
35care, or guidance for the child, and the known or indefinite duration
36of the absence precludes counting on the parent’s performance of
37the function of planning for the present support or care of the child.
38If these conditions exist, the parent may be absent for any reason,
39and may have left only recently or some time previously.

P9    1(e) An assistance unit may, at the option of the family
2comprising the assistance unit, also include the nonparent caretaker
3relative of the eligible child, the spouse of the parent of the eligible
4child, otherwise eligible nonsibling children in the care of the
5caretaker relative of the eligible child, and the alternatively
6sentenced offender parent exempted under subdivision (c).

7(f) If two or more assistance units reside in the same home, they
8shall be combined into one assistance unit when any of the
9following circumstances occurs:

10(1) There is a common caretaker relative for the eligible
11 children.

12(2) One caretaker relative marries another caretaker relative.

13(3) Two caretaker relatives are the parents of an eligible child.

14(g) For purposes of this section, “caretaker relative” means the
15parent or other relative, as defined by regulations adopted by the
16department, who exercises responsibility and control of a child.

17begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 11320.3 of the end insertbegin insertWelfare and Institutions Codeend insert
18begin insert is amended to read:end insert

19

11320.3.  

(a) (1) Except as provided in subdivision (b) or if
20otherwise exempt, every individual, as a condition of eligibility
21for aid under this chapter, shall participate in welfare-to-work
22activities under this article.

23(2) Individuals eligible under Section 11331.5 shall be required
24to participate in the Cal-Learn Program under Article 3.5
25(commencing with Section 11331) during the time that article is
26operative, in lieu of the welfare-to-work requirements, and
27subdivision (b) shall not apply to that individual.

28(b) The following individuals shall not be required to participate
29for so long as the condition continues to exist:

30(1) An individual under 16 years of age.

31(2) (A) A child attending an elementary, secondary, vocational,
32or technical school on a full-time basis.

33(B) A person who is 16 or 17 years of age, or a person described
34in subdivision (d) who loses this exemption, shall not requalify
35for the exemption by attending school as a required activity under
36this article.

37(C) Notwithstanding subparagraph (B), a person who is 16 or
3817 years of age who has obtained a high school diploma or its
39equivalent and is enrolled or is planning to enroll in a
40postsecondary education, vocational, or technical school training
P10   1program shall also not be required to participate for so long as the
2condition continues to exist.

3(D) For purposes of subparagraph (C), a person shall be deemed
4to be planning to enroll in a postsecondary education, vocational,
5or technical school training program if he or she, or his or her
6parent, acting on his or her behalf, submits a written statement
7expressing his or her intent to enroll in such a program for the
8following term. The exemption from participation shall not
9continue beyond the beginning of the term, unless verification of
10enrollment is provided or obtained by the county.

11(3) An individual who meets either of the following conditions:

12(A) The individual is disabled as determined by a doctor’s
13verification that the disability is expected to last at least 30 days
14and that it significantly impairs the recipient’s ability to be
15regularly employed or participate in welfare-to-work activities,
16provided that the individual is actively seeking appropriate medical
17treatment.

18(B) The individual is of advanced age.

19(4) A nonparent caretaker relative who has primary
20responsibility for providing care for a child and is either caring for
21a child who is a dependent or ward of the court or caring for a
22child in a case in which a county determines the child is at risk of
23placement in foster care, and the county determines that the
24caretaking responsibilities are beyond those considered normal
25day-to-day parenting responsibilities such that they impair the
26caretaker relative’s ability to be regularly employed or to participate
27in welfare-to-work activities.

28(5) An individual whose presence in the home is required
29because of illness or incapacity of another member of the household
30and whose caretaking responsibilities impair the recipient’s ability
31to be regularly employed or to participate in welfare-to-work
32activities.

33(6) A parent or other relative who meets the criteria in
34subparagraph (A) or (B).

35(A) (i) The parent or other relative has primary responsibility
36for personally providing care to a child six months of age or under,
37except that, on a case-by-case basis, and based on criteria
38developed by the county, this period may be reduced to the first
3912 weeks after the birth or adoption of the child, or increased to
P11   1the first 12 months after the birth or adoption of the child. An
2individual may be exempt only once under this clause.

3(ii) An individual who received an exemption pursuant to clause
4(i) shall be exempt for a period of 12 weeks, upon the birth or
5adoption of any subsequent children, except that this period may
6be extended on a case-by-case basis to six months, based on criteria
7developed by the county.

8(iii) In making the determination to extend the period of
9exception under clause (i) or (ii), the following may be considered:

10(I) The availability of child care.

11(II) Local labor market conditions.

12(III) Other factors determined by the county.

13(iv) Effective January 1, 2013, the parent or other relative has
14primary responsibility for personally providing care to one child
15from birth to 23 months, inclusive. The exemption provided for
16under this clause shall be available in addition to any other
17exemption provided for under this subparagraph. An individual
18may be exempt only once under this clause.

19(B) In a family eligible for aid under this chapter due to the
20unemployment of the principal wage earner, the exemption criteria
21contained in subparagraph (A) shall be applied to only one parent.

22(7) A parent or other relative who has primary responsibility
23for personally providing care to one child who is from 12 to 23
24months of age, inclusive, or two or more children who are under
25six years of age.

26(8) A woman who is pregnant and for whom it has been
27medically verified that the pregnancy impairs her ability to be
28regularly employed or participate in welfare-to-work activities or
29the county has determined that, at that time, participation will not
30readily lead to employment or that a training activity is not
31appropriate. If a pregnant woman is unable to secure this medical
32verification, but is otherwise eligible for an exemption from
33welfare-to-work requirements under this section, including good
34cause for temporary illness related to the pregnancy, she shall be
35exempt from participation.

36(c) Any individual not required to participate may choose to
37participate voluntarily under this article, and end that participation
38at any time without loss of eligibility for aid under this chapter, if
39his or her status has not changed in a way that would require
40participation.

P12   1(d) (1) Notwithstanding subdivision (a), a custodial parent who
2is under 20 years of age and who has not earned a high school
3diploma or its equivalent, and who is not exempt or whose only
4basis for exemption is paragraph (1), (2), (5), (6), (7), or (8) of
5subdivision (b), shall be required to participate solely for the
6purpose of earning a high school diploma or its equivalent. During
7the time that Article 3.5 (commencing with Section 11331) is
8operative, this subdivision shall only apply to a custodial parent
9who is 19 years of age.

10(2) Section 11325.25 shall apply to a custodial parent who is
1118 or 19 years of age and who is required to participate under this
12article.

13(e) Notwithstanding paragraph (1) of subdivision (d), the county
14may determine that participation in education activities for the
15purpose of earning a high school diploma or equivalent is
16inappropriate for an 18 or 19 year old custodial parent only if that
17parent is reassigned pursuant to an evaluation under Section
1811325.25, or, at appraisal is already in an educational or vocational
19training program that is approvable as a self-initiated program as
20specified in Section 11325.23. If that determination is made, the
21parent shall be allowed to continue participation in the self-initiated
22program subject to Section 11325.23. During the time that Article
233.5 (commencing with Section 11331) is operative, this subdivision
24shall only apply to a custodial parent who is 19 years of age.

25(f) A recipient shall be excused from participation for good
26cause when the county has determined there is a condition or other
27circumstance that temporarily prevents or significantly impairs
28the recipient’s ability to be regularly employed or to participate in
29welfare-to-work activities. The county welfare department shall
30review the good cause determination for its continuing
31appropriateness in accordance with the projected length of the
32condition, or circumstance, but not less than every three months.
33The recipient shall cooperate with the county welfare department
34and provide information, including written documentation, as
35required to complete the review. Conditions that may be considered
36good cause include, but are not limited to, the following:

37(1) Lack of necessary supportive services.

38(2) In accordance with Article 7.5 (commencing with Section
3911495), the applicant or recipient is a victim of domestic violence,
P13   1but only if participation under this article is detrimental to or
2unfairly penalizes that individual or his or her family.

3(3) Licensed or license-exempt child care for a child 10 years
4of age or younger is not reasonably available during the
5individual’s hours of training or employment including commuting
6time, or arrangements for child care have broken down or have
7been interrupted, or child care is needed for a child who meets the
8criteria of subparagraph (C) of paragraph (1) of subdivision (a) of
9Section 11323.2, but who is not included in the assistance unit.
10For purposes of this paragraph, “reasonable availability” means
11child care that is commonly available in the recipient’s community
12to a person who is not receiving aid and that is in conformity with
13the requirements of Public Law 104-193. The choices of child care
14shall meet either licensing requirements or the requirements of
15Section 11324. This good cause criterion shall include the
16unavailability of suitable special needs child care for children with
17identified special needs, including, but not limited to, disabilities
18or chronic illnesses.

19(g) (1) Paragraph (7) of subdivision (b) shall be implemented
20notwithstanding Sections 11322.4, 11322.7, 11325.6, and 11327,
21and shall become inoperative on January 1, 2013.

22(2) The State Department of Social Services, in consultation
23with the County Welfare Directors Association of California, and
24advocates, shall develop a process to assist clients with
25reengagement in welfare-to-work activities, pursuant to subdivision
26(h). Reengagement activities may include notifying clients of the
27expiration of exemptions, reassessments, and identifying necessary
28supportive services.

29(h) (1) A recipient who was not required to participate in
30welfare-to-work activities on December 31, 2012, because, in
31accordance with paragraph (7) of subdivision (b), he or she is a
32parent or other relative who has primary responsibility for
33personally providing care to one child who is from 12 to 23 months
34of age, inclusive, or two or more children who are under six years
35of age shall not be required to participate until the county welfare
36department reengages the recipient in welfare-to-work activities.

37(2) For purposes of this subdivision, reengagement in
38welfare-to-work activities shall include the development of a
39welfare-to-work plan in accordance with Section 11325.21 and
P14   1the provision of necessary supportive services pursuant to Section
211323.2.

3(3) County welfare departments shall reengage all recipients
4described in paragraph (1) by January 1, 2015, unless the recipient
5is otherwise eligible for an exemption under subdivision (b).

6(4) A recipient reengaged in accordance with this subdivision
7who has received assistance under this chapter, or from any state
8pursuant to the Temporary Assistance for Needy Families program
9(Part A (commencing with Section 401) of Title IV of the federal
10Social Security Act (42 U.S.C. Sec. 601 et seq.)), may continue
11in a welfare-to-work plan that meets the requirements of Section
1211322.6 for a cumulative period of 24 months commencing the
13first day of the first month after he or she is reengaged, unless or
14until he or she exceeds the 48-month time limitation described in
15Section 11454.

16(5) All months of assistance described in paragraph (4) prior to
17the reengagement of the recipient shall not be applied to the
1824-month limitation described in paragraph (1) of subdivision (a)
19of Section 11322.85.

begin insert

20(i) This section shall become inoperative on July 15, 2016, and,
21as of January 1, 2017, is repealed, unless a later enacted statute,
22that becomes operative on or before January 1, 2017, deletes or
23extends the dates on which it becomes inoperative and is repealed.

end insert
24begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 11320.3 is added to the end insertbegin insertWelfare and Institutions
25Code
end insert
begin insert, to read:end insert

begin insert
26

begin insert11320.3.end insert  

(a) (1) Except as provided in subdivision (b) or if
27otherwise exempt, every individual, as a condition of eligibility
28for aid under this chapter, shall participate in welfare-to-work
29activities under this article.

30(2) Individuals eligible under Section 11331.5 shall be required
31to participate in the Cal-Learn Program under Article 3.5
32(commencing with Section 11331) during the time that article is
33operative, in lieu of the welfare-to-work requirements, and
34subdivision (b) shall not apply to that individual.

35(b) The following individuals shall not be required to participate
36for so long as the condition continues to exist:

37(1) An individual under 16 years of age.

38(2) (A) A child attending an elementary, secondary, vocational,
39or technical school on a full-time basis.

P15   1(B) A person who is 16 or 17 years of age, or a person described
2in subdivision (d) who loses this exemption, shall not requalify for
3the exemption by attending school as a required activity under this
4article.

5(C) Notwithstanding subparagraph (B), a person who is 16 or
617 years of age who has obtained a high school diploma or its
7equivalent and is enrolled or is planning to enroll in a
8postsecondary education, vocational, or technical school training
9program shall also not be required to participate for so long as
10the condition continues to exist.

11(D) For purposes of subparagraph (C), a person shall be
12deemed to be planning to enroll in a postsecondary education,
13vocational, or technical school training program if he or she, or
14his or her parent, acting on his or her behalf, submits a written
15statement expressing his or her intent to enroll in such a program
16for the following term. The exemption from participation shall not
17continue beyond the beginning of the term, unless verification of
18enrollment is provided or obtained by the county.

19(3) An individual who meets either of the following conditions:

20(A) The individual is disabled as determined by a doctor’s
21verification that the disability is expected to last at least 30 days
22and that it significantly impairs the recipient’s ability to be
23regularly employed or participate in welfare-to-work activities,
24provided that the individual is actively seeking appropriate medical
25treatment.

26(B) The individual is of advanced age.

27(4) A nonparent caretaker relative who has primary
28responsibility for providing care for a child and is either caring
29for a child who is a dependent or ward of the court or caring for
30a child in a case in which a county determines the child is at risk
31of placement in foster care, and the county determines that the
32caretaking responsibilities are beyond those considered normal
33day-to-day parenting responsibilities such that they impair the
34caretaker relative’s ability to be regularly employed or to
35participate in welfare-to-work activities.

36(5) An individual whose presence in the home is required
37because of illness or incapacity of another member of the
38household and whose caretaking responsibilities impair the
39recipient’s ability to be regularly employed or to participate in
40welfare-to-work activities.

P16   1(6) A parent or other relative who meets the criteria in
2subparagraph (A) or (B).

3(A) (i) The parent or other relative has primary responsibility
4for personally providing care to a child six months of age or under,
5except that, on a case-by-case basis, and based on criteria
6developed by the county, this period may be reduced to the first
712 weeks after the birth or adoption of the child, or increased to
8the first 12 months after the birth or adoption of the child. An
9individual may be exempt only once under this clause.

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

15(iii) In making the determination to extend the period of
16exception under clause (i) or (ii), the following may be considered:

17(I) The availability of child care.

18(II) Local labor market conditions.

19(III) Other factors determined by the county.

20(iv) The parent or other relative has primary responsibility for
21personally providing care to one child from birth to 23 months,
22inclusive. The exemption provided for under this clause shall be
23available in addition to any other exemption provided for under
24this subparagraph. An individual may be exempt only once under
25this clause.

26(B) In a family eligible for aid under this chapter, the exemption
27criteria contained in subparagraph (A) shall be applied to only
28one parent.

29(7) A parent or other relative who has primary responsibility
30for personally providing care to one child who is from 12 to 23
31months of age, inclusive, or two or more children who are under
32six years of age.

33(8) A woman who is pregnant and for whom it has been
34medically verified that the pregnancy impairs her ability to be
35regularly employed or participate in welfare-to-work activities or
36the county has determined that, at that time, participation will not
37readily lead to employment or that a training activity is not
38appropriate. If a pregnant woman is unable to secure this medical
39verification, but is otherwise eligible for an exemption from
40welfare-to-work requirements under this section, including good
P17   1cause for temporary illness related to the pregnancy, she shall be
2exempt from participation.

3(c) Any individual not required to participate may choose to
4participate voluntarily under this article, and end that participation
5at any time without loss of eligibility for aid under this chapter, if
6his or her status has not changed in a way that would require
7participation.

8(d) (1) Notwithstanding subdivision (a), a custodial parent who
9is under 20 years of age and who has not earned a high school
10diploma or its equivalent, and who is not exempt or whose only
11basis for exemption is paragraph (1), (2), (5), (6), (7), or (8) of
12subdivision (b), shall be required to participate solely for the
13purpose of earning a high school diploma or its equivalent. During
14the time that Article 3.5 (commencing with Section 11331) is
15operative, this subdivision shall only apply to a custodial parent
16who is 19 years of age.

17(2) Section 11325.25 shall apply to a custodial parent who is
1818 or 19 years of age and who is required to participate under
19this article.

20(e) Notwithstanding paragraph (1) of subdivision (d), the county
21may determine that participation in education activities for the
22purpose of earning a high school diploma or equivalent is
23inappropriate for an 18 or 19 year old custodial parent only if
24that parent is reassigned pursuant to an evaluation under Section
2511325.25, or, at appraisal is already in an educational or
26vocational training program that is approvable as a self-initiated
27program as specified in Section 11325.23. If that determination
28is made, the parent shall be allowed to continue participation in
29the self-initiated program subject to Section 11325.23. During the
30time that Article 3.5 (commencing with Section 11331) is operative,
31this subdivision shall only apply to a custodial parent who is 19
32years of age.

33(f) A recipient shall be excused from participation for good
34cause when the county has determined there is a condition or other
35circumstance that temporarily prevents or significantly impairs
36the recipient’s ability to be regularly employed or to participate
37in welfare-to-work activities. The county welfare department shall
38review the good cause determination for its continuing
39appropriateness in accordance with the projected length of the
40condition, or circumstance, but not less than every three months.
P18   1The recipient shall cooperate with the county welfare department
2and provide information, including written documentation, as
3required to complete the review. Conditions that may be considered
4good cause include, but are not limited to, the following:

5(1) Lack of necessary supportive services.

6(2) In accordance with Article 7.5 (commencing with Section
711495), the applicant or recipient is a victim of domestic violence,
8but only if participation under this article is detrimental to or
9unfairly penalizes that individual or his or her family.

10(3) Licensed or license-exempt child care for a child 10 years
11of age or younger is not reasonably available during the
12individual’s hours of training or employment including commuting
13time, or arrangements for child care have broken down or have
14been interrupted, or child care is needed for a child who meets
15the criteria of subparagraph (C) of paragraph (1) of subdivision
16(a) of Section 11323.2, but who is not included in the assistance
17unit. For purposes of this paragraph, “reasonable availability”
18means child care that is commonly available in the recipient’s
19community to a person who is not receiving aid and that is in
20conformity with the requirements of Public Law 104-193. The
21choices of child care shall meet either licensing requirements or
22the requirements of Section 11324. This good cause criterion shall
23include the unavailability of suitable special needs child care for
24children with identified special needs, including, but not limited
25to, disabilities or chronic illnesses.

26(g) (1) Paragraph (7) of subdivision (b) shall be implemented
27notwithstanding Sections 11322.4, 11322.7, 11325.6, and 11327,
28and shall become inoperative on January 1, 2013.

29(2) The State Department of Social Services, in consultation
30with the County Welfare Directors Association of California, and
31advocates, shall develop a process to assist clients with
32reengagement in welfare-to-work activities, pursuant to subdivision
33(h). Reengagement activities may include notifying clients of the
34 expiration of exemptions, reassessments, and identifying necessary
35supportive services.

36(h) (1) A recipient who was not required to participate in
37welfare-to-work activities on December 31, 2012, because, in
38accordance with paragraph (7) of subdivision (b), he or she is a
39parent or other relative who has primary responsibility for
40personally providing care to one child who is from 12 to 23 months
P19   1of age, inclusive, or two or more children who are under six years
2of age shall not be required to participate until the county welfare
3department reengages the recipient in welfare-to-work activities.

4(2) For purposes of this subdivision, reengagement in
5welfare-to-work activities shall include the development of a
6welfare-to-work plan in accordance with Section 11325.21 and
7the provision of necessary supportive services pursuant to Section
811323.2.

9(3) County welfare departments shall reengage all recipients
10described in paragraph (1) by January 1, 2015, unless the recipient
11is otherwise eligible for an exemption under subdivision (b).

12(4) A recipient reengaged in accordance with this subdivision
13who has received assistance under this chapter, or from any state
14pursuant to the Temporary Assistance for Needy Families program
15(Part A (commencing with Section 401) of Title IV of the federal
16Social Security Act (42 U.S.C. Sec. 601 et seq.)), may continue in
17a welfare-to-work plan that meets the requirements of Section
1811322.6 for a cumulative period of 24 months commencing the
19first day of the first month after he or she is reengaged, unless or
20until he or she exceeds the 48-month time limitation described in
21Section 11454.

22(5) All months of assistance described in paragraph (4) prior
23to the reengagement of the recipient shall not be applied to the
2424-month limitation described in paragraph (1) of subdivision (a)
25of Section 11322.85.

26(i) This section shall become operative on July 15, 2016.

end insert
27begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 11322.8 of the end insertbegin insertWelfare and Institutions Codeend insert
28begin insert is amended to read:end insert

29

11322.8.  

(a) For a recipient required to participate in
30accordance with paragraph (1) of subdivision (a) of Section
3111322.85, unless the recipient is otherwise exempt, the following
32shall apply:

33(1) (A) An adult recipient in a one-parent assistance unit that
34does not include a child under six years of age shall participate in
35welfare-to-work activities for an average of at least 30 hours per
36week during the month.

37(B) An adult recipient in a one-parent assistance unit that
38includes a child under six years of age shall participate in
39welfare-to-work activities for an average of at least 20 hours per
40week during the month.

P20   1(2) An adult recipient who is an unemployed parent, as defined
2in Section 11201, shall participate for an average of at least 35
3hours of welfare-to-work activities per week during the month.
4However, both parents in a two-parent assistance unit may
5contribute to the 35 hours.

6(b) For a recipient required to participate in accordance with
7paragraph (3) of subdivision (a) of Section 11322.85, the following
8shall apply:

9(1) Unless otherwise exempt, an adult recipient in a one-parent
10assistance unit shall participate in welfare-to-work activities for
11an average of at least 30 hours per week during the month, subject
12to the special rules and limitations described in Section
13607(c)(1)(A) of Title 42 of the United States Code as of January
141, 2013.

15(2) Unless otherwise exempt, an adult recipient in a one-parent
16assistance unit that includes a child under six years of age shall
17participate in welfare-to-work activities for an average of at least
1820 hours per week during the month, as described in Section
19607(c)(2)(B) of Title 42 of the United States Code as of January
201, 2013.

21(3) Unless otherwise exempt, an adult recipient who is an
22unemployed parent, as defined in Section 11201, shall participate
23in welfare-to-work activities for an average of at least 35 hours
24per week during the month, subject to the special rules and
25limitations described in Section 607(c)(1)(B) of Title 42 of the
26United States Code as of January 1, 2013.

begin insert

27(c) This section shall become inoperative on July 15, 2016, and,
28as of January 1, 2017, is repealed, unless a later enacted statute,
29that becomes operative on or before January 1, 2017, deletes or
30extends the dates on which it becomes inoperative and is repealed.

end insert
31begin insert

begin insertSEC. 10.end insert  

end insert

begin insertSection 11322.8 is added to the end insertbegin insertWelfare and
32Institutions Code
end insert
begin insert, to read:end insert

begin insert
33

begin insert11322.8.end insert  

(a) An adult recipient required to participate in
34accordance with paragraph (1) of subdivision (a) of Section
3511322.85, unless otherwise exempt, shall participate in
36welfare-to-work activities for the following number of hours per
37week during the month:

38(1) At least 30 hours per week, if the assistance unit includes
39either of the following but does not include a child under six years
40of age:

P21   1(A) One adult.

2(B) Two adults, one of whom is disabled as defined in
3subparagraph (A) of paragraph (3) of subdivision (b) of Section
411320.3.

5(2) At least 20 hours per week, if the assistance unit includes a
6child under six years of age and either of the following:

7(A) One adult.

8(B) Two adults, one of whom is disabled as defined in
9subparagraph (A) of paragraph (3) of subdivision (b) of Section
1011320.3.

11(3) At least 20 hours per week, if the assistance unit consists
12only of a pregnant woman.

13(4) At least 35 hours per week if the assistance unit includes
14two adults, except as provided in paragraphs (1) and (2). However,
15both adults may contribute to the 35 hours.

16(b) An adult recipient required to participate in accordance
17with paragraph (3) of subdivision (a) of Section 11322.85, unless
18otherwise exempt, shall participate in welfare-to-work activities
19for the following number of hours per week during the month:

20(1) At least 30 hours per week, subject to the special rules and
21limitations described in Section 607(c)(1)(A) of Title 42 of the
22United States Code as of January 1, 2013, if the assistance unit
23consists of only a pregnant woman, or includes one of the following
24but does not include a child under six years of age:

25(A) One adult.

26(B) Two adults, one of whom is disabled as defined in
27subparagraph (A) of paragraph (3) of subdivision (b) of Section
2811320.3.

29(2) At least 20 hours per week, as described in Section
30607(c)(2)(B) of Title 42 of the United States Code as of January
311, 2013, if the assistance unit includes only one adult and a child
32under six years of age.

33(3) At least 35 hours per week if the assistance unit includes
34two adults, except as provided in paragraph (1) and subject to the
35special rules and limitations described in Section 607(c)(1)(B) of
36Title 42 of the United States Code as of January 1, 2013.

end insert
37begin insert

begin insertSEC. 11.end insert  

end insert

begin insertSection 11401 of the end insertbegin insertWelfare and Institutions Codeend insert
38begin insert is amended to read:end insert

39

11401.  

Aid in the form of AFDC-FC shall be provided under
40this chapter on behalf of any child under 18 years of age, and, on
P22   1and after January 1, 2012, to any nonminor dependent who meets
2the conditions of any of the following subdivisions:

3(a) The child has been relinquished, for purposes of adoption,
4to a licensed adoption agency, or the department, or the parental
5rights of either or both of his or her parents have been terminated
6after an action under the Family Code has been brought by a
7licensed adoption agency or the department, provided that the
8licensed adoption agency or the department, if responsible for
9placement and care, provides to those children all services as
10required by the department to children in foster care.

11(b) The child has been removed from the physical custody of
12his or her parent, relative, or guardian as a result of a voluntary
13placement agreement or a judicial determination that continuance
14in the home would be contrary to the child’s welfare and that, if
15the child was placed in foster care, reasonable efforts were made,
16consistent with Chapter 5 (commencing with Section 16500) of
17Part 4, to prevent or eliminate the need for removal of the child
18from his or her home and to make it possible for the child to return
19to his or her home, and any of the following applies:

20(1) The child has been adjudged a dependent child of the court
21on the grounds that he or she is a person described by Section 300.

22(2) The child has been adjudged a ward of the court on the
23grounds that he or she is a person described by Sections 601 and
24602, or, on or after January 1, 2012, the nonminor is under the
25transition jurisdiction of the juvenile court pursuant to Section
26450.

27(3) The child has been detained under a court order, pursuant
28to Section 319 or 636, that remains in effect.

29(4) The child’s or nonminor’s dependency jurisdiction, or
30transition jurisdiction pursuant to Section 450, has resumed
31pursuant to Section 387, or subdivision (a) or (e) of Section 388.

32(c) The child has been voluntarily placed by his or her parent
33or guardian pursuant to Section 11401.1.

34(d) The child is living in the home of a nonrelated legal guardian.

35(e) On and after January 1, 2012, the child is a nonminor
36dependent who is placed pursuant to a mutual agreement as set
37forth in subdivision (u) of Section 11400, under the placement and
38care responsibility of the county child welfare services department,
39an Indian tribe that entered into an agreement pursuant to Section
4010553.1, or the county probation department, or the child is a
P23   1nonminor dependent reentering foster care placement pursuant to
2a voluntary agreement, as set forth in subdivision (z) of Section
311400.

4(f) The child has been placed in foster care under the federal
5Indian Child Welfare Act. Sections 11402, 11404, and 11405 shall
6not be construed as limiting payments to Indian children, as defined
7in the federal Indian Child Welfare Act, placed in accordance with
8that act.

9(g) To be eligible for federal financial participation, the
10conditions described in paragraph (1), (2), (3), or (4) shall be
11satisfied:

12(1) (A) The child meets the conditions of subdivision (b).

13(B) The child has been deprived of parental support or care for
14any of the reasons set forth in Section 11250.

15(C) The child has been removed from the home of a relative as
16defined in Section 233.90(c)(1) of Title 45 of the Code of Federal
17Regulations, as amended.

18(D) The requirements of Sections 671 and 672 of Title 42 of
19the United States Code, as amended, have been met.

20(2) (A) The child meets the requirements of subdivision (h).

21(B) The requirements of Sections 671 and 672 of Title 42 of
22the United States Code, as amended, have been met.

23(C) This paragraph shall be implemented only if federal financial
24participation is available for the children described in this
25paragraph.

26(3) (A) The child has been removed from the custody of his or
27her parent, relative, or guardian as a result of a voluntary placement
28agreement or a judicial determination that continuance in the home
29would be contrary to the child’s welfare and that, if the child was
30placed in foster care, reasonable efforts were made, consistent with
31Chapter 5 (commencing with Section 16500) of Part 4, to prevent
32or eliminate the need for removal of the child from his or her home
33and to make it possible for the child to return to his or her home,
34or the child is a nonminor dependent who satisfies the removal
35criteria in Sectionbegin delete 472(a)(2)(A)(i))end deletebegin insert 472(a)(2)(A)(i)end insert of the federal
36Social Security Act (42 U.S.C. Sec. 672 (a)(2)(A)(i)) and agrees
37to the placement and care responsibility of the placing agency by
38signing the voluntary reentry agreement, as set forth in subdivision
39(z) of Section 11400, and any of the following applies:

P24   1(i) The child has been adjudged a dependent child of the court
2on the grounds that he or she is a person described by Section 300.

3(ii) The child has been adjudged a ward of the court on the
4grounds that he or she is a person described by Sections 601 and
5602 or, on or after January 1, 2012, the nonminor is under the
6transition jurisdiction of the juvenile court, pursuant to Section
7450.

8(iii) The child has been detained under a court order, pursuant
9to Section 319 or 636, that remains in effect.

10(iv) The child’s or nonminor’s dependency jurisdiction, or
11transition jurisdiction pursuant to Section 450, has resumed
12pursuant to Section 387, or subdivision (a) or (e) of Section 388.

13(B) The child has been placed in an eligible foster care
14placement, as set forth in Section 11402.

15(C) The requirements of Sections 671 and 672 of Title 42 of
16the United States Code have been satisfied.

17(D) This paragraph shall be implemented only if federal financial
18participation is available for the children described in this
19paragraph.

20(4) With respect to a nonminor dependent, in addition to meeting
21the conditions specified in paragraph (1), the requirements of
22Section 675(8)(B) of Title 42 of the United States Code have been
23satisfied. With respect to a former nonminor dependent who
24reenters foster care placement by signing the voluntary reentry
25agreement, as set forth in subdivision (z) of Section 11400, the
26requirements for AFDC-FC eligibility of Section 672(a)(3)(A) of
27Title 42 of the United States Code are satisfied based on the
28nonminor’s status as a child-only case, without regard to the
29parents, legal guardians, or others in the assistance unit in the home
30from which the nonminor was originally removed.

31(h) The child meets all of the following conditions:

32(1) The child has been adjudged to be a dependent child or ward
33of the court on the grounds that he or she is a person described in
34Section 300, 601, or 602.

35(2) The child’s parent also has been adjudged to be a dependent
36child or nonminor dependent of the court on the grounds that he
37or she is a person described by Section 300, 450, 601, or 602 and
38is receiving benefits under this chapter.

P25   1(3) The child is placed in the same licensed or approved foster
2care facility in which his or her parent is placed and the child’s
3parent is receiving reunification services with respect to that child.

begin insert

4(i) This section shall become inoperative on July 15, 2016, and,
5as of January 1, 2017, is repealed, unless a later enacted statute,
6that becomes operative on or before January 1, 2017, deletes or
7extends the dates on which it becomes inoperative and is repealed.

end insert
8begin insert

begin insertSEC. 12.end insert  

end insert

begin insertSection 11401 is added to the end insertbegin insertWelfare and Institutions
9Code
end insert
begin insert, to read:end insert

begin insert
10

begin insert11401.end insert  

Aid in the form of AFDC-FC shall be provided under
11this chapter on behalf of any child under 18 years of age, and, on
12and after January 1, 2012, to any nonminor dependent who meets
13the conditions of any of the following subdivisions:

14(a) The child has been relinquished, for purposes of adoption,
15to a licensed adoption agency, or the department, or the parental
16rights of either or both of his or her parents have been terminated
17after an action under the Family Code has been brought by a
18licensed adoption agency or the department, provided that the
19licensed adoption agency or the department, if responsible for
20placement and care, provides to those children all services as
21required by the department to children in foster care.

22(b) The child has been removed from the physical custody of
23his or her parent, relative, or guardian as a result of a voluntary
24placement agreement or a judicial determination that continuance
25in the home would be contrary to the child’s welfare and that, if
26the child was placed in foster care, reasonable efforts were made,
27consistent with Chapter 5 (commencing with Section 16500) of
28Part 4, to prevent or eliminate the need for removal of the child
29from his or her home and to make it possible for the child to return
30to his or her home, and any of the following applies:

31(1) The child has been adjudged a dependent child of the court
32on the grounds that he or she is a person described by Section
33300.

34(2) The child has been adjudged a ward of the court on the
35grounds that he or she is a person described by Sections 601 and
36 602, or, on or after January 1, 2012, the nonminor is under the
37transition jurisdiction of the juvenile court pursuant to Section
38450.

39(3) The child has been detained under a court order, pursuant
40to Section 319 or 636, that remains in effect.

P26   1(4) The child’s or nonminor’s dependency jurisdiction, or
2transition jurisdiction pursuant to Section 450, has resumed
3pursuant to Section 387, or subdivision (a) or (e) of Section 388.

4(c) The child has been voluntarily placed by his or her parent
5or guardian pursuant to Section 11401.1.

6(d) The child is living in the home of a nonrelated legal
7guardian.

8(e) On and after January 1, 2012, the child is a nonminor
9dependent who is placed pursuant to a mutual agreement as set
10forth in subdivision (u) of Section 11400, under the placement and
11care responsibility of the county child welfare services department,
12an Indian tribe that entered into an agreement pursuant to Section
1310553.1, or the county probation department, or the child is a
14nonminor dependent reentering foster care placement pursuant
15to a voluntary reentry agreement, as set forth in subdivision (z) of
16Section 11400.

17(f) The child has been placed in foster care under the federal
18Indian Child Welfare Act. Sections 11402, 11404, and 11405 shall
19not be construed as limiting payments to Indian children, as defined
20in the federal Indian Child Welfare Act, placed in accordance with
21that act.

22(g) To be eligible for federal financial participation, the
23conditions described in paragraph (1), (2), (3), or (4) shall be
24satisfied:

25(1) (A) The child meets the conditions of subdivision (b).

26(B) The child has been deprived of parental support or care for
27any of the reasons set forth in Section 233.90 (c)(1) of Title 42 of
28the Code of Federal Regulations.

29(C) The child has been removed from the home of a relative as
30defined in Section 233.90(c)(1) of Title 45 of the Code of Federal
31Regulations, as amended.

32(D) The requirements of Sections 671 and 672 of Title 42 of the
33United States Code, as amended, have been met.

34(2) (A) The child meets the requirements of subdivision (h).

35(B) The requirements of Sections 671 and 672 of Title 42 of the
36United States Code, as amended, have been met.

37(C) This paragraph shall be implemented only if federal
38financial participation is available for the children described in
39this paragraph.

P27   1(3) (A) The child has been removed from the custody of his or
2her parent, relative, or guardian as a result of a voluntary
3placement agreement or a judicial determination that continuance
4in the home would be contrary to the child’s welfare and that, if
5the child was placed in foster care, reasonable efforts were made,
6consistent with Chapter 5 (commencing with Section 16500) of
7Part 4, to prevent or eliminate the need for removal of the child
8from his or her home and to make it possible for the child to return
9to his or her home, or the child is a nonminor dependent who
10satisfies the removal criteria in Section 472(a)(2)(A)(i) of the
11federal Social Security Act (42 U.S.C. Sec. 672 (a)(2)(A)(i)) and
12agrees to the placement and care responsibility of the placing
13agency by signing the voluntary reentry agreement, as set forth in
14subdivision (z) of Section 11400, and any of the following applies:

15(i) The child has been adjudged a dependent child of the court
16on the grounds that he or she is a person described by Section
17300.

18(ii) The child has been adjudged a ward of the court on the
19grounds that he or she is a person described by Sections 601 and
20602 or, on or after January 1, 2012, the nonminor is under the
21transition jurisdiction of the juvenile court, pursuant to Section
22450.

23(iii) The child has been detained under a court order, pursuant
24to Section 319 or 636, that remains in effect.

25(iv) The child’s or nonminor’s dependency jurisdiction, or
26transition jurisdiction pursuant to Section 450, has resumed
27pursuant to Section 387, or subdivision (a) or (e) of Section 388.

28(B) The child has been placed in an eligible foster care
29placement, as set forth in Section 11402.

30(C) The requirements of Sections 671 and 672 of Title 42 of the
31United States Code have been satisfied.

32(D) This paragraph shall be implemented only if federal
33financial participation is available for the children described in
34this paragraph.

35(4) With respect to a nonminor dependent, in addition to meeting
36the conditions specified in paragraph (1), the requirements of
37Section 675(8)(B) of Title 42 of the United States Code have been
38satisfied. With respect to a former nonminor dependent who
39 reenters foster care placement by signing the voluntary reentry
40agreement, as set forth in subdivision (z) of Section 11400, the
P28   1requirements for AFDC-FC eligibility of Section 672(a)(3)(A) of
2Title 42 of the United States Code are satisfied based on the
3nonminor’s status as a child-only case, without regard to the
4parents, legal guardians, or others in the assistance unit in the
5home from which the nonminor was originally removed.

6(h) The child meets all of the following conditions:

7(1) The child has been adjudged to be a dependent child or ward
8of the court on the grounds that he or she is a person described in
9Section 300, 601, or 602.

10(2) The child’s parent also has been adjudged to be a dependent
11child or nonminor dependent of the court on the grounds that he
12or she is a person described by Section 300, 450, 601, or 602 and
13is receiving benefits under this chapter.

14(3) The child is placed in the same licensed or approved foster
15care facility in which his or her parent is placed and the child’s
16parent is receiving reunification services with respect to that child.

17(i) This section shall become operative on July 15, 2016.

end insert
18begin insert

begin insertSEC. 13.end insert  

end insert

begin insertSection 11450.16 of the end insertbegin insertWelfare and Institutions Codeend insert
19begin insert is amended to read:end insert

20

11450.16.  

(a) For purposes of determining eligibility under
21this chapter, and for computing the amount of aid payment under
22Section 11450, families shall be grouped into assistance units.

23(b) Every assistance unit shall include at least one of the
24following persons:

25(1) One of each of the following:

26(A) An eligible child.

27(B) The caretaker relative of an otherwise eligible child who is
28not receiving aid under Section 11250 because that child is
29receiving benefits under Title XVI of the Social Security Act
30(Subchapter 16 (commencing with Section 1381) of Chapter 7 of
31Title 42 of the United States Code), or Kin-GAP payments under
32Section 11364 or 11387, or foster care payments under Section
3311461.

34(2) A pregnant woman who is eligible for payments under
35subdivision (c) of Section 11450.

36(c) Every assistance unit shall, in addition to the requirements
37of subdivision (b), include the eligible parents of the eligible child
38and the eligible siblings, including half-siblings, of the eligible
39child when those persons reside in the same home as the eligible
40child. This subdivision shall not apply to any convicted offender
P29   1who is permitted to reside at the home of the eligible child as part
2of a court-imposed sentence and who is considered an absent parent
3under Section 11250.

4(d) An assistance unit may, at the option of the family
5comprising the assistance unit, also include the nonparent caretaker
6 relative of the eligible child, the spouse of the parent of the eligible
7child, otherwise eligible nonsibling children in the care of the
8caretaker relative of the eligible child, and the alternatively
9sentenced offender parent exempted under subdivision (c).

10(e) If two or more assistance units reside in the same home, they
11shall be combined into one assistance unit when any of the
12following circumstances occurs:

13(1) There is a common caretaker relative for the eligible
14children.

15(2) One caretaker relative marries another caretaker relative.

16(3) Two caretaker relatives are the parents of an eligible child.

17(f) For purposes of this section, “caretaker relative” means the
18parent or other relative, as defined by regulations adopted by the
19department, who exercises responsibility and control of a child.

begin insert

20(g) This section shall become inoperative on July 15, 2016, and,
21as of January 1, 2017, is repealed, unless a later enacted statute,
22that becomes operative on or before January 1, 2017, deletes or
23extends the dates on which it becomes inoperative and is repealed.

end insert
24begin insert

begin insertSEC. 14.end insert  

end insert

begin insertSection 11450.16 is added to the end insertbegin insertWelfare and
25Institutions Code
end insert
begin insert, to read:end insert

begin insert
26

begin insert11450.16.end insert  

(a) For purposes of determining eligibility under
27this chapter, and for computing the amount of aid payment under
28Section 11450, families shall be grouped into assistance units.

29(b) Every assistance unit shall include at least one of the
30following persons:

31(1) One of each of the following:

32(A) An eligible child.

33(B) The caretaker relative of an otherwise eligible child who is
34not receiving aid under Section 11250 because that child is
35receiving benefits under Title XVI of the Social Security Act
36(Subchapter 16 (commencing with Section 1381) of Chapter 7 of
37Title 42 of the United States Code), or Kin-GAP payments under
38Section 11364 or 11387, or foster care payments under Section
3911461.

P30   1(2) A pregnant woman who is eligible for payments under
2subdivision (c) of Section 11450.

3(c) Every assistance unit shall, in addition to the requirements
4of subdivision (b), include the eligible parents of the eligible child
5and the eligible siblings, including half-siblings, of the eligible
6child when those persons reside in the same home as the eligible
7child. This subdivision shall not apply to any convicted offender
8who is permitted to reside at the home of the eligible child as part
9of a court-imposed sentence and who is considered an absent
10parent under subdivision (d).

11(d) A parent shall not be included in the assistance unit if he or
12she is absent from the home due to divorce, separation, desertion,
13or any other reason, if his or her absence interrupts or terminates
14the parent’s functioning as a provider of maintenance, physical
15care, or guidance for the child, and the known or indefinite
16duration of the absence precludes counting on the parent’s
17performance of the function of planning for the present support
18or care of the child. If these conditions exist, the parent may be
19absent for any reason, and may have left only recently or some
20time previously.

21(e) An assistance unit may, at the option of the family comprising
22the assistance unit, also include the nonparent caretaker relative
23of the eligible child, the spouse of the parent of the eligible child,
24otherwise eligible nonsibling children in the care of the caretaker
25relative of the eligible child, and the alternatively sentenced
26offender parent exempted under subdivision (c).

27(f) If two or more assistance units reside in the same home, they
28shall be combined into one assistance unit when any of the
29following circumstances occurs:

30(1) There is a common caretaker relative for the eligible
31children.

32(2) One caretaker relative marries another caretaker relative.

33(3) Two caretaker relatives are the parents of an eligible child.

34(g) For purposes of this section, “caretaker relative” means
35the parent or other relative, as defined by regulations adopted by
36the department, who exercises responsibility and control of a child.

37(h) This section shall become operative on July 15, 2016.

end insert
38

begin deleteSEC. 8.end delete
39begin insertSEC. 15.end insert  

(a) Notwithstanding the Administrative Procedure
40Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of
P31   1Division 3 of Title 2 of the Government Code), the State
2Department of Social Services shall implement this act through
3an all-county letter or similar instructions from thebegin delete director no later
4than March 1, 2016.end delete
begin insert director.end insert

5(b) The department shall adopt regulations as necessary to
6implement this act no later than July 1, 2018.

7

begin deleteSEC. 9.end delete
8begin insertSEC. 16.end insert  

No appropriation pursuant to Section 15200 of the
9Welfare and Institutions Code shall be made for purposes of
10implementing this act.

11

begin deleteSEC. 10.end delete
12begin insertSEC. 17.end insert  

If the Commission on State Mandates determines
13that this act contains costs mandated by the state, reimbursement
14to local agencies and school districts for those costs shall be made
15pursuant to Part 7 (commencing with Section 17500) of Division
164 of Title 2 of the Government Code.



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