Amended in Senate September 1, 2015

Amended in Senate June 29, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 371


Introduced by Assembly Member Mullin

(Coauthor: Assembly Member Lopez)

February 17, 2015


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

LEGISLATIVE COUNSEL’S DIGEST

AB 371, as amended, Mullin. CalWORKs Family Unity Act of 2015.

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, commencingbegin delete July 15,end deletebegin insert July 1,end insert 2016, 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.

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.

This bill would recast these provisions and would clarify that an adult in an assistance unit that includesbegin delete twoend deletebegin insert 2end insert 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.

This bill would require the department to issue an all-county letter or similar instructions 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.

3

SEC. 2.  

Section 11201 of the Welfare and Institutions Code is
4amended to read:

5

11201.  

For the purposes of this chapter, the following shall
6apply:

7(a) “Unemployed parent” means a natural or adoptive parent
8with whom the child is living.

9(b) A child for whom a parent is applying for assistance under
10this chapter shall be considered to be deprived of parental support
11or care due to the unemployment of his or her parent or parents
12when the parent has worked less than 100 hours in the preceding
13four weeks and meets the requirements concerning an unemployed
14parent in effect on August 21, 1996, as set forth in Section 233.100
15of Title 45 of the Code of Federal Regulations except for the
16provisions of subparagraph (i) to (v), inclusive, of paragraph (3)
17of subsection (a) of that section.

18(c) A family receiving aid under this chapter with a child who
19is considered to be deprived of parental support or care due to
20unemployment may continue to receive assistance regardless of
21the number of hours his or her parent works provided the family
22does not exceed the applicable gross or net income limits and is
23otherwise eligible for assistance.

24(d) This section shall become inoperative onbegin delete July 15,end deletebegin insert July 1,end insert
25 2016, and, as of January 1, 2017, is repealed, unless a later enacted
26statute, that becomes operative on or before January 1, 2017,
27deletes or extends the dates on which it becomes inoperative and
28is repealed.

29

SEC. 3.  

Section 11201 is added to the Welfare and Institutions
30Code
, to read:

31

11201.  

(a) For purposes of this chapter, “parent” means a
32natural or adoptive parent.

33(b) This section shall become operative onbegin delete July 15,end deletebegin insert July 1,end insert 2016.

34

SEC. 4.  

Section 11250 of the Welfare and Institutions Code is
35amended to read:

36

11250.  

Aid, services, or both shall be granted under the
37provisions of this chapter, and subject to the regulations of the
38department, to families with related children under the age of 18
P4    1years, except as provided in Section 11253, in need thereof because
2they have been deprived of parental support or care due to:

3(a) The death, physical or mental incapacity, or incarceration
4of a parent.

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

6(c) Continued absence of a parent from the home due to divorce,
7separation, desertion, or any other reason, except absence
8occasioned solely by reason of the performance of active duty in
9the uniformed services of the United States. “Continued absence”
10exists when the nature of the absence is such as either to interrupt
11or to terminate the parent’s functioning as a provider of
12maintenance, physical care, or guidance for the child, and the
13known or indefinite duration of the absence precludes counting
14on the parent’s performance of the function of planning for the
15present support or care of the child. If these conditions exist, the
16parent may be absent for any reason, and may have left only
17recently or some time previously.

18(d) This section shall become inoperative onbegin delete July 15,end deletebegin insert July 1,end insert
19 2016, and, as of January 1, 2017, is repealed, unless a later enacted
20statute, that becomes operative on or before January 1, 2017,
21deletes or extends the dates on which it becomes inoperative and
22is repealed.

23

SEC. 5.  

Section 11250 is added to the Welfare and Institutions
24Code
, to read:

25

11250.  

(a) Aid, services, or both shall be granted under this
26chapter, and subject to the regulations of the department, to families
27with related children under 18 years of age, except as provided in
28Section 11253, in need thereof, if the family meets the eligibility
29requirements specified in this chapter.

30(b) This section shall become operative onbegin delete July 15,end deletebegin insert July 1,end insert 2016.

begin delete
31

SEC. 6.  

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

33

11450.16.  

(a) For purposes of determining eligibility under
34this chapter, and for computing the amount of aid payment under
35Section 11450, families shall be grouped into assistance units.

36(b) Every assistance unit shall include at least one of the
37following persons:

38(1) One of each of the following:

39(A) An eligible child.

P5    1(B) The caretaker relative of an otherwise eligible child who is
2not receiving aid under Section 11250 because that child is
3receiving benefits under Title XVI of the Social Security Act
4(Subchapter 16 (commencing with Section 1381) of Chapter 7 of
5Title 42 of the United States Code), or Kin-GAP payments under
6Section 11364 or 11387, or foster care payments under Section
711461.

8(2) A pregnant woman who is eligible for payments under
9subdivision (c) of Section 11450.

10(c) Every assistance unit shall, in addition to the requirements
11of subdivision (b), include the eligible parents of the eligible child
12and the eligible siblings, including half-siblings, of the eligible
13child when those persons reside in the same home as the eligible
14child. This subdivision shall not apply to any convicted offender
15who is permitted to reside at the home of the eligible child as part
16of a court-imposed sentence and who is considered an absent parent
17under subdivision (d).

18(d) A parent shall not be included in the assistance unit if he or
19she is absent from the home due to divorce, separation, desertion,
20or any other reason, if his or her absence interrupts or terminates
21the parent’s functioning as a provider of maintenance, physical
22care, or guidance for the child, and the known or indefinite duration
23of the absence precludes counting on the parent’s performance of
24the function of planning for the present support or care of the child.
25If these conditions exist, the parent may be absent for any reason,
26and may have left only recently or some time previously.

27(e) An assistance unit may, at the option of the family
28comprising the assistance unit, also include the nonparent caretaker
29relative of the eligible child, the spouse of the parent of the eligible
30child, otherwise eligible nonsibling children in the care of the
31caretaker relative of the eligible child, and the alternatively
32sentenced offender parent exempted under subdivision (c).

33(f) If two or more assistance units reside in the same home, they
34shall be combined into one assistance unit when any of the
35following circumstances occurs:

36(1) There is a common caretaker relative for the eligible
37 children.

38(2) One caretaker relative marries another caretaker relative.

39(3) Two caretaker relatives are the parents of an eligible child.

P6    1(g) For purposes of this section, “caretaker relative” means the
2parent or other relative, as defined by regulations adopted by the
3department, who exercises responsibility and control of a child.

end delete
4

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

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

7

11320.3.  

(a) (1) Except as provided in subdivision (b) or if
8otherwise exempt, every individual, as a condition of eligibility
9for aid under this chapter, shall participate in welfare-to-work
10activities under this article.

11(2) Individuals eligible under Section 11331.5 shall be required
12to participate in the Cal-Learn Program under Article 3.5
13(commencing with Section 11331) during the time that article is
14operative, in lieu of the welfare-to-work requirements, and
15subdivision (b) shall not apply to that individual.

16(b) The following individuals shall not be required to participate
17for so long as the condition continues to exist:

18(1) An individual under 16 years of age.

19(2) (A) A child attending an elementary, secondary, vocational,
20or technical school on a full-time basis.

21(B) A person who is 16 or 17 years of age, or a person described
22in subdivision (d) who loses this exemption, shall not requalify
23for the exemption by attending school as a required activity under
24this article.

25(C) Notwithstanding subparagraph (B), a person who is 16 or
2617 years of age who has obtained a high school diploma or its
27equivalent and is enrolled or is planning to enroll in a
28postsecondary education, vocational, or technical school training
29program shall also not be required to participate for so long as the
30condition continues to exist.

31(D) For purposes of subparagraph (C), a person shall be deemed
32to be planning to enroll in a postsecondary education, vocational,
33or technical school training program if he or she, or his or her
34parent, acting on his or her behalf, submits a written statement
35expressing his or her intent to enroll in such a program for the
36following term. The exemption from participation shall not
37continue beyond the beginning of the term, unless verification of
38enrollment is provided or obtained by the county.

39(3) An individual who meets either of the following conditions:

P7    1(A) The individual is disabled as determined by a doctor’s
2verification that the disability is expected to last at least 30 days
3and that it significantly impairs the recipient’s ability to be
4regularly employed or participate in welfare-to-work activities,
5provided that the individual is actively seeking appropriate medical
6treatment.

7(B) The individual is of advanced age.

8(4) A nonparent caretaker relative who has primary
9responsibility for providing care for a child and is either caring for
10a child who is a dependent or ward of the court or caring for a
11child in a case in which a county determines the child is at risk of
12placement in foster care, and the county determines that the
13caretaking responsibilities are beyond those considered normal
14day-to-day parenting responsibilities such that they impair the
15caretaker relative’s ability to be regularly employed or to participate
16in welfare-to-work activities.

17(5) An individual whose presence in the home is required
18because of illness or incapacity of another member of the household
19and whose caretaking responsibilities impair the recipient’s ability
20to be regularly employed or to participate in welfare-to-work
21activities.

22(6) A parent or other relative who meets the criteria in
23subparagraph (A) or (B).

24(A) (i) The parent or other relative has primary responsibility
25for personally providing care to a child six months of age or under,
26except that, on a case-by-case basis, and based on criteria
27developed by the county, this period may be reduced to the first
2812 weeks after the birth or adoption of the child, or increased to
29the first 12 months after the birth or adoption of the child. An
30individual may be exempt only once under this clause.

31(ii) An individual who received an exemption pursuant to clause
32(i) shall be exempt for a period of 12 weeks, upon the birth or
33adoption of any subsequent children, except that this period may
34be extended on a case-by-case basis to six months, based on criteria
35developed by the county.

36(iii) In making the determination to extend the period of
37exception under clause (i) or (ii), the following may be considered:

38(I) The availability of child care.

39(II) Local labor market conditions.

40(III) Other factors determined by the county.

P8    1(iv) Effective January 1, 2013, the parent or other relative has
2primary responsibility for personally providing care to one child
3from birth to 23 months, inclusive. The exemption provided for
4under this clause shall be available in addition to any other
5exemption provided for under this subparagraph. An individual
6may be exempt only once under this clause.

7(B) In a family eligible for aid under this chapter due to the
8unemployment of the principal wage earner, the exemption criteria
9contained in subparagraph (A) shall be applied to only one parent.

10(7) A parent or other relative who has primary responsibility
11for personally providing care to one child who is from 12 to 23
12months of age, inclusive, or two or more children who are under
13six years of age.

14(8) A woman who is pregnant and for whom it has been
15medically verified that the pregnancy impairs her ability to be
16regularly employed or participate in welfare-to-work activities or
17the county has determined that, at that time, participation will not
18readily lead to employment or that a training activity is not
19appropriate. If a pregnant woman is unable to secure this medical
20verification, but is otherwise eligible for an exemption from
21welfare-to-work requirements under this section, including good
22cause for temporary illness related to the pregnancy, she shall be
23exempt from participation.

24(c) Any individual not required to participate may choose to
25participate voluntarily under this article, and end that participation
26at any time without loss of eligibility for aid under this chapter, if
27his or her status has not changed in a way that would require
28participation.

29(d) (1) Notwithstanding subdivision (a), a custodial parent who
30is under 20 years of age and who has not earned a high school
31diploma or its equivalent, and who is not exempt or whose only
32basis for exemption is paragraph (1), (2), (5), (6), (7), or (8) of
33subdivision (b), shall be required to participate solely for the
34purpose of earning a high school diploma or its equivalent. During
35the time that Article 3.5 (commencing with Section 11331) is
36operative, this subdivision shall only apply to a custodial parent
37who is 19 years of age.

38(2) Section 11325.25 shall apply to a custodial parent who is
3918 or 19 years of age and who is required to participate under this
40article.

P9    1(e) Notwithstanding paragraph (1) of subdivision (d), the county
2may determine that participation in education activities for the
3purpose of earning a high school diploma or equivalent is
4inappropriate for an 18 or 19 year old custodial parent only if that
5parent is reassigned pursuant to an evaluation under Section
611325.25, or, at appraisal is already in an educational or vocational
7training program that is approvable as a self-initiated program as
8specified in Section 11325.23. If that determination is made, the
9parent shall be allowed to continue participation in the self-initiated
10program subject to Section 11325.23. During the time that Article
113.5 (commencing with Section 11331) is operative, this subdivision
12shall only apply to a custodial parent who is 19 years of age.

13(f) A recipient shall be excused from participation for good
14cause when the county has determined there is a condition or other
15circumstance that temporarily prevents or significantly impairs
16the recipient’s ability to be regularly employed or to participate in
17welfare-to-work activities. The county welfare department shall
18review the good cause determination for its continuing
19appropriateness in accordance with the projected length of the
20condition, or circumstance, but not less than every three months.
21The recipient shall cooperate with the county welfare department
22and provide information, including written documentation, as
23required to complete the review. Conditions that may be considered
24good cause include, but are not limited to, the following:

25(1) Lack of necessary supportive services.

26(2) In accordance with Article 7.5 (commencing with Section
2711495), the applicant or recipient is a victim of domestic violence,
28but only if participation under this article is detrimental to or
29unfairly penalizes that individual or his or her family.

30(3) Licensed or license-exempt child care for a child 10 years
31of age or younger is not reasonably available during the
32individual’s hours of training or employment including commuting
33time, or arrangements for child care have broken down or have
34been interrupted, or child care is needed for a child who meets the
35criteria of subparagraph (C) of paragraph (1) of subdivision (a) of
36Section 11323.2, but who is not included in the assistance unit.
37For purposes of this paragraph, “reasonable availability” means
38child care that is commonly available in the recipient’s community
39to a person who is not receiving aid and that is in conformity with
40the requirements of Public Law 104-193. The choices of child care
P10   1shall meet either licensing requirements or the requirements of
2Section 11324. This good cause criterion shall include the
3unavailability of suitable special needs child care for children with
4identified special needs, including, but not limited to, disabilities
5or chronic illnesses.

6(g) (1) Paragraph (7) of subdivision (b) shall be implemented
7notwithstanding Sections 11322.4, 11322.7, 11325.6, and 11327,
8and shall become inoperative on January 1, 2013.

9(2) The State Department of Social Services, in consultation
10with the County Welfare Directors Association of California, and
11advocates, shall develop a process to assist clients with
12reengagement in welfare-to-work activities, pursuant to subdivision
13(h). Reengagement activities may include notifying clients of the
14expiration of exemptions, reassessments, and identifying necessary
15supportive services.

16(h) (1) A recipient who was not required to participate in
17welfare-to-work activities on December 31, 2012, because, in
18accordance with paragraph (7) of subdivision (b), he or she is a
19parent or other relative who has primary responsibility for
20personally providing care to one child who is from 12 to 23 months
21of age, inclusive, or two or more children who are under six years
22of age shall not be required to participate until the county welfare
23department reengages the recipient in welfare-to-work activities.

24(2) For purposes of this subdivision, reengagement in
25welfare-to-work activities shall include the development of a
26welfare-to-work plan in accordance with Section 11325.21 and
27the provision of necessary supportive services pursuant to Section
2811323.2.

29(3) County welfare departments shall reengage all recipients
30described in paragraph (1) by January 1, 2015, unless the recipient
31is otherwise eligible for an exemption under subdivision (b).

32(4) A recipient reengaged in accordance with this subdivision
33who has received assistance under this chapter, or from any state
34pursuant to the Temporary Assistance for Needy Families program
35(Part A (commencing with Section 401) of Title IV of the federal
36Social Security Act (42 U.S.C. Sec. 601 et seq.)), may continue
37in a welfare-to-work plan that meets the requirements of Section
3811322.6 for a cumulative period of 24 months commencing the
39first day of the first month after he or she is reengaged, unless or
P11   1until he or she exceeds the 48-month time limitation described in
2Section 11454.

3(5) All months of assistance described in paragraph (4) prior to
4the reengagement of the recipient shall not be applied to the
524-month limitation described in paragraph (1) of subdivision (a)
6of Section 11322.85.

7(i) This section shall become inoperative onbegin delete July 15,end deletebegin insert July 1,end insert
8 2016, and, as of January 1, 2017, is repealed, unless a later enacted
9statute, that becomes operative on or before January 1, 2017,
10deletes or extends the dates on which it becomes inoperative and
11is repealed.

12

begin deleteSEC. 8.end delete
13begin insertSEC. 7.end insert  

Section 11320.3 is added to the Welfare and Institutions
14Code
, to read:

15

11320.3.  

(a) (1) Except as provided in subdivision (b) or if
16otherwise exempt, every individual, as a condition of eligibility
17for aid under this chapter, shall participate in welfare-to-work
18activities under this article.

19(2) Individuals eligible under Section 11331.5 shall be required
20to participate in the Cal-Learn Program under Article 3.5
21(commencing with Section 11331) during the time that article is
22operative, in lieu of the welfare-to-work requirements, and
23subdivision (b) shall not apply to that individual.

24(b) The following individuals shall not be required to participate
25for so long as the condition continues to exist:

26(1) An individual under 16 years of age.

27(2) (A) A child attending an elementary, secondary, vocational,
28or technical school on a full-time basis.

29(B) A person who is 16 or 17 years of age, or a person described
30in subdivision (d) who loses this exemption, shall not requalify
31for the exemption by attending school as a required activity under
32this article.

33(C) Notwithstanding subparagraph (B), a person who is 16 or
3417 years of age who has obtained a high school diploma or its
35equivalent and is enrolled or is planning to enroll in a
36postsecondary education, vocational, or technical school training
37program shall also not be required to participate for so long as the
38condition continues to exist.

39(D) For purposes of subparagraph (C), a person shall be deemed
40to be planning to enroll in a postsecondary education, vocational,
P12   1or technical school training program if he or she, or his or her
2parent, acting on his or her behalf, submits a written statement
3expressing his or her intent to enroll in such a program for the
4following term. The exemption from participation shall not
5continue beyond the beginning of the term, unless verification of
6enrollment is provided or obtained by the county.

7(3) An individual who meets either of the following conditions:

8(A) The individual is disabled as determined by a doctor’s
9verification that the disability is expected to last at least 30 days
10and that it significantly impairs the recipient’s ability to be
11regularly employed or participate in welfare-to-work activities,
12provided that the individual is actively seeking appropriate medical
13treatment.

14(B) The individual is of advanced age.

15(4) A nonparent caretaker relative who has primary
16responsibility for providing care for a child and is either caring for
17a child who is a dependent or ward of the court or caring for a
18child in a case in which a county determines the child is at risk of
19placement in foster care, and the county determines that the
20caretaking responsibilities are beyond those considered normal
21day-to-day parenting responsibilities such that they impair the
22caretaker relative’s ability to be regularly employed or to participate
23in welfare-to-work activities.

24(5) An individual whose presence in the home is required
25because of illness or incapacity of another member of the household
26and whose caretaking responsibilities impair the recipient’s ability
27to be regularly employed or to participate in welfare-to-work
28activities.

29(6) A parent or other relative who meets the criteria in
30subparagraph (A) or (B).

31(A) (i) The parent or other relative has primary responsibility
32for personally providing care to a child six months of age or under,
33except that, on a case-by-case basis, and based on criteria
34developed by the county, this period may be reduced to the first
3512 weeks after the birth or adoption of the child, or increased to
36the first 12 months after the birth or adoption of the child. An
37individual may be exempt only once under this clause.

38(ii) An individual who received an exemption pursuant to clause
39(i) shall be exempt for a period of 12 weeks, upon the birth or
40adoption of any subsequent children, except that this period may
P13   1be extended on a case-by-case basis to six months, based on criteria
2developed by the county.

3(iii) In making the determination to extend the period of
4exception under clause (i) or (ii), the following may be considered:

5(I) The availability of child care.

6(II) Local labor market conditions.

7(III) Other factors determined by the county.

8(iv) The parent or other relative has primary responsibility for
9personally providing care to one child from birth to 23 months,
10inclusive. The exemption provided for under this clause shall be
11available in addition to any other exemption provided for under
12this subparagraph. An individual may be exempt only once under
13this clause.

14(B) In a family eligible for aid under this chapter, the exemption
15criteria contained in subparagraph (A) shall be applied to only one
16parent.

17(7) A parent or other relative who has primary responsibility
18for personally providing care to one child who is from 12 to 23
19months of age, inclusive, or two or more children who are under
20six years of age.

21(8) A woman who is pregnant and for whom it has been
22medically verified that the pregnancy impairs her ability to be
23regularly employed or participate in welfare-to-work activities or
24the county has determined that, at that time, participation will not
25readily lead to employment or that a training activity is not
26appropriate. If a pregnant woman is unable to secure this medical
27verification, but is otherwise eligible for an exemption from
28welfare-to-work requirements under this section, including good
29cause for temporary illness related to the pregnancy, she shall be
30exempt from participation.

31(c) Any individual not required to participate may choose to
32participate voluntarily under this article, and end that participation
33at any time without loss of eligibility for aid under this chapter, if
34his or her status has not changed in a way that would require
35participation.

36(d) (1) Notwithstanding subdivision (a), a custodial parent who
37is under 20 years of age and who has not earned a high school
38diploma or its equivalent, and who is not exempt or whose only
39basis for exemption is paragraph (1), (2), (5), (6), (7), or (8) of
40subdivision (b), shall be required to participate solely for the
P14   1purpose of earning a high school diploma or its equivalent. During
2the time that Article 3.5 (commencing with Section 11331) is
3operative, this subdivision shall only apply to a custodial parent
4who is 19 years of age.

5(2) Section 11325.25 shall apply to a custodial parent who is
618 or 19 years of age and who is required to participate under this
7article.

8(e) Notwithstanding paragraph (1) of subdivision (d), the county
9may determine that participation in education activities for the
10purpose of earning a high school diploma or equivalent is
11inappropriate for an 18 or 19 year old custodial parent only if that
12parent is reassigned pursuant to an evaluation under Section
1311325.25, or, atbegin delete appraisalend deletebegin insert the time of appraisal,end insert is already in an
14educational or vocational training program that is approvable as
15a self-initiated program as specified in Section 11325.23. If that
16determination is made, the parent shall be allowed to continue
17participation in the self-initiated program subject to Section
1811325.23. During the time that Article 3.5 (commencing with
19Section 11331) is operative, this subdivision shall only apply to a
20custodial parent who is 19 years of age.

21(f) A recipient shall be excused from participation for good
22cause when the county has determined there is a condition or other
23circumstance that temporarily prevents or significantly impairs
24the recipient’s ability to be regularly employed or to participate in
25welfare-to-work activities. The county welfare department shall
26review the good cause determination for its continuing
27appropriateness in accordance with the projected length of the
28condition, or circumstance, but not less than every three months.
29The recipient shall cooperate with the county welfare department
30and provide information, including written documentation, as
31required to complete the review. Conditions that may be considered
32good cause include, but are not limited to, the following:

33(1) Lack of necessary supportive services.

34(2) In accordance with Article 7.5 (commencing with Section
3511495), the applicant or recipient is a victim of domestic violence,
36but only if participation under this article is detrimental to or
37unfairly penalizes that individual or his or her family.

38(3) Licensed or license-exempt child care for a child 10 years
39of age or younger is not reasonably available during the
40individual’s hours of training or employment including commuting
P15   1time, or arrangements for child care have broken down or have
2been interrupted, or child care is needed for a child who meets the
3criteria of subparagraph (C) of paragraph (1) of subdivision (a) of
4Section 11323.2, but who is not included in the assistance unit.
5For purposes of this paragraph, “reasonable availability” means
6child care that is commonly available in the recipient’s community
7to a person who is not receiving aid and that is in conformity with
8the requirements of Public Law 104-193. The choices of child care
9shall meet either licensing requirements or the requirements of
10Section 11324. This good cause criterion shall include the
11unavailability of suitable special needs child care for children with
12identified special needs, including, but not limited to, disabilities
13or chronic illnesses.

14(g) (1) Paragraph (7) of subdivision (b) shall be implemented
15notwithstanding Sections 11322.4, 11322.7, 11325.6, and 11327,
16and shall become inoperative on January 1, 2013.

17(2) The State Department of Social Services, in consultation
18with the County Welfare Directors Association of California, and
19advocates, shall develop a process to assist clients with
20reengagement in welfare-to-work activities, pursuant to subdivision
21(h). Reengagement activities may include notifying clients of the
22 expiration of exemptions, reassessments, and identifying necessary
23supportive services.

24(h) (1) A recipient who was not required to participate in
25welfare-to-work activities on December 31, 2012, because, in
26accordance with paragraph (7) of subdivision (b), he or she is a
27parent or other relative who has primary responsibility for
28personally providing care to one child who is from 12 to 23 months
29of age, inclusive, or two or more children who are under six years
30of age shall not be required to participate until the county welfare
31department reengages the recipient in welfare-to-work activities.

32(2) For purposes of this subdivision, reengagement in
33welfare-to-work activities shall include the development of a
34welfare-to-work plan in accordance with Section 11325.21 and
35the provision of necessary supportive services pursuant to Section
3611323.2.

37(3) County welfare departments shall reengage all recipients
38described in paragraph (1) by January 1, 2015, unless the recipient
39is otherwise eligible for an exemption under subdivision (b).

P16   1(4) A recipient reengaged in accordance with this subdivision
2who has received assistance under this chapter, or from any state
3pursuant to the Temporary Assistance for Needy Families program
4(Part A (commencing with Section 401) of Title IV of the federal
5Social Security Act (42 U.S.C. Sec. 601 et seq.)), may continue
6in a welfare-to-work plan that meets the requirements of Section
711322.6 for a cumulative period of 24 months commencing the
8first day of the first month after he or she is reengaged, unless or
9until he or she exceeds the 48-month time limitation described in
10Section 11454.

11(5) All months of assistance described in paragraph (4) prior to
12the reengagement of the recipient shall not be applied to the
1324-month limitation described in paragraph (1) of subdivision (a)
14of Section 11322.85.

15(i) This section shall become operative onbegin delete July 15,end deletebegin insert July 1,end insert 2016.

16

begin deleteSEC. 9.end delete
17begin insertSEC. 8.end insert  

Section 11322.8 of the Welfare and Institutions Code
18 is amended to read:

19

11322.8.  

(a) For a recipient required to participate in
20accordance with paragraph (1) of subdivision (a) of Section
2111322.85, unless the recipient is otherwise exempt, the following
22shall apply:

23(1) (A) An adult recipient in a one-parent assistance unit that
24does not include a child under six years of age shall participate in
25welfare-to-work activities for an average of at least 30 hours per
26week during the month.

27(B) An adult recipient in a one-parent assistance unit that
28includes a child under six years of age shall participate in
29welfare-to-work activities for an average of at least 20 hours per
30week during the month.

31(2) An adult recipient who is an unemployed parent, as defined
32in Section 11201, shall participate for an average of at least 35
33hours of welfare-to-work activities per week during the month.
34 However, both parents in a two-parent assistance unit may
35contribute to the 35 hours.

36(b) For a recipient required to participate in accordance with
37paragraph (3) of subdivision (a) of Section 11322.85, the following
38shall apply:

39(1) Unless otherwise exempt, an adult recipient in a one-parent
40assistance unit shall participate in welfare-to-work activities for
P17   1an average of at least 30 hours per week during the month, subject
2to the special rules and limitations described in Section
3607(c)(1)(A) of Title 42 of the United States Code as of January
41, 2013.

5(2) Unless otherwise exempt, an adult recipient in a one-parent
6assistance unit that includes a child under six years of age shall
7participate in welfare-to-work activities for an average of at least
820 hours per week during the month, as described in Section
9607(c)(2)(B) of Title 42 of the United States Code as of January
101, 2013.

11(3) Unless otherwise exempt, an adult recipient who is an
12unemployed parent, as defined in Section 11201, shall participate
13in welfare-to-work activities for an average of at least 35 hours
14per week during the month, subject to the special rules and
15limitations described in Section 607(c)(1)(B) of Title 42 of the
16United States Code as of January 1, 2013.

17(c) This section shall become inoperative onbegin delete July 15,end deletebegin insert July 1,end insert
18 2016, and, as of January 1, 2017, is repealed, unless a later enacted
19statute, that becomes operative on or before January 1, 2017,
20deletes or extends the dates on which it becomes inoperative and
21is repealed.

22

begin deleteSEC. 10.end delete
23begin insertSEC. 9.end insert  

Section 11322.8 is added to the Welfare and Institutions
24Code
, to read:

25

11322.8.  

(a) An adult recipient required to participate in
26accordance with paragraph (1) of subdivision (a) of Section
2711322.85, unless otherwise exempt, shall participate in
28welfare-to-work activities for the following number of hours per
29week during the month:

30(1) begin deleteAt end deletebegin insertAn average of at end insertleast 30 hours per week, if the assistance
31unit includes either of the following but does not include a child
32under six years of age:

33(A) One adult.

34(B) Two adults, one of whom is disabled as defined in
35subparagraph (A) of paragraph (3) of subdivision (b) of Section
3611320.3.

37(2) begin deleteAt end deletebegin insertAn average of at end insertleast 20 hours per week, if the assistance
38unit includes a child under six years of age and either of the
39following:

40(A) One adult.

P18   1(B) Two adults, one of whom is disabled as defined in
2subparagraph (A) of paragraph (3) of subdivision (b) of Section
311320.3.

4(3) begin deleteAt end deletebegin insertAn average of at end insertleast 20 hours per week, if the assistance
5unit consists only of a pregnant woman.

6(4) begin deleteAt end deletebegin insertAn average of at end insertleast 35 hours per week if the assistance
7unit includes two adults, except as provided in paragraphs (1) and
8(2). However, both adults may contribute to the 35 hours.

9(b) An adult recipient required to participate in accordance with
10paragraph (3) of subdivision (a) of Section 11322.85, unless
11otherwise exempt, shall participate in welfare-to-work activities
12for the following number of hours per week during the month:

13(1) begin deleteAt end deletebegin insertAn average of at end insertleast 30 hours per week, subject to the
14special rules and limitations described in Section 607(c)(1)(A) of
15Title 42 of the United States Code as of January 1, 2013, if the
16assistance unit consists of only a pregnant woman, or includes one
17of the following but does not include a child under six years of
18age:

19(A) One adult.

20(B) Two adults, one of whom is disabled as defined in
21subparagraph (A) of paragraph (3) of subdivision (b) of Section
2211320.3.

23(2) begin deleteAt end deletebegin insertAn average of at end insertleast 20 hours per week, as described
24in Section 607(c)(2)(B) of Title 42 of the United States Code as
25of January 1, 2013, if the assistance unit includes only one adult
26and a child under six years of age.

27(3) begin deleteAt end deletebegin insertAn average of at end insertleast 35 hours per week if the assistance
28unit includes two adults, except as provided in paragraph (1) and
29subject to the special rules and limitations described in Section
30607(c)(1)(B) of Title 42 of the United States Code as of January
311, 2013.

begin insert

32(c) This section shall become operative on July 1, 2016.

end insert
33

begin deleteSEC. 11.end delete
34begin insertSEC. 10.end insert  

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

36

11401.  

Aid in the form of AFDC-FC shall be provided under
37this chapter on behalf of any child under 18 years of age, and, on
38and after January 1, 2012, to any nonminor dependent who meets
39the conditions of any of the following subdivisions:

P19   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
P20   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 11250.

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

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

19(2) (A) The child meets the requirements of subdivision (h).

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

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

25(3) (A) The child has been removed from the custody of his or
26her parent, relative, or guardian as a result of a voluntary placement
27agreement or a judicial determination that continuance in the home
28would be contrary to the child’s welfare and that, if the child was
29placed in foster care, reasonable efforts were made, consistent with
30Chapter 5 (commencing with Section 16500) of Part 4, to prevent
31or eliminate the need for removal of the child from his or her home
32and to make it possible for the child to return to his or her home,
33or the child is a nonminor dependent who satisfies the removal
34criteria in Section 472(a)(2)(A)(i) of the federal Social Security
35Act (42 U.S.C. Sec. 672 (a)(2)(A)(i)) and agrees to the placement
36and care responsibility of the placing agency by signing the
37voluntary reentry agreement, as set forth in subdivision (z) of
38Section 11400, and any of the following applies:

39(i) The child has been adjudged a dependent child of the court
40on the grounds that he or she is a person described by Section 300.

P21   1(ii) The child has been adjudged a ward of the court on the
2grounds that he or she is a person described by Sections 601 and
3602 or, on or after January 1, 2012, the nonminor is under the
4transition jurisdiction of the juvenile court, pursuant to Section
5450.

6(iii) The child has been detained under a court order, pursuant
7to Section 319 or 636, that remains in effect.

8(iv) The child’s or nonminor’s dependency jurisdiction, or
9transition jurisdiction pursuant to Section 450, has resumed
10pursuant to Section 387, or subdivision (a) or (e) of Section 388.

11(B) The child has been placed in an eligible foster care
12placement, as set forth in Section 11402.

13(C) The requirements of Sections 671 and 672 of Title 42 of
14the United States Code have been satisfied.

15(D) This paragraph shall be implemented only if federal financial
16participation is available for the children described in this
17paragraph.

18(4) With respect to a nonminor dependent, in addition to meeting
19the conditions specified in paragraph (1), the requirements of
20Section 675(8)(B) of Title 42 of the United States Code have been
21satisfied. With respect to a former nonminor dependent who
22reenters foster care placement by signing the voluntary reentry
23agreement, as set forth in subdivision (z) of Section 11400, the
24requirements for AFDC-FC eligibility of Section 672(a)(3)(A) of
25Title 42 of the United States Code are satisfied based on the
26nonminor’s status as a child-only case, without regard to the
27parents, legal guardians, or others in the assistance unit in the home
28from which the nonminor was originally removed.

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

30(1) The child has been adjudged to be a dependent child or ward
31of the court on the grounds that he or she is a person described in
32Section 300, 601, or 602.

33(2) The child’s parent also has been adjudged to be a dependent
34child or nonminor dependent of the court on the grounds that he
35or she is a person described by Section 300, 450, 601, or 602 and
36is receiving benefits under this chapter.

37(3) The child is placed in the same licensed or approved foster
38 care facility in which his or her parent is placed and the child’s
39parent is receiving reunification services with respect to that child.

P22   1(i) This section shall become inoperative onbegin delete July 15,end deletebegin insert July 1,end insert
2 2016, and, as of January 1, 2017, is repealed, unless a later enacted
3statute, that becomes operative on or before January 1, 2017,
4deletes or extends the dates on which it becomes inoperative and
5is repealed.

6

begin deleteSEC. 12.end delete
7begin insertSEC. 11.end insert  

Section 11401 is added to the Welfare and Institutions
8Code
, to read:

9

11401.  

Aid in the form of AFDC-FC shall be provided under
10this chapter on behalf of any child under 18 years of age, and, on
11and after January 1, 2012, to any nonminor dependent who meets
12the conditions of any of the following subdivisions:

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

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

30(1) The child has been adjudged a dependent child of the court
31on the grounds that he or she is a person described by Section 300.

32(2) The child has been adjudged a ward of the court on the
33grounds that he or she is a person described by Sections 601 and
34 602, or, on or after January 1, 2012, the nonminor is under the
35transition jurisdiction of the juvenile court pursuant to Section
36450.

37(3) The child has been detained under a court order, pursuant
38to Section 319 or 636, that remains in effect.

P23   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 guardian.

7(e) On and after January 1, 2012, the child is a nonminor
8dependent who is placed pursuant to a mutual agreement as set
9forth in subdivision (u) of Section 11400, under the placement and
10care responsibility of the county child welfare services department,
11an Indian tribe that entered into an agreement pursuant to Section
1210553.1, or the county probation department, or the child is a
13nonminor dependent reentering foster care placement pursuant to
14a voluntary reentry agreement, as set forth in subdivision (z) of
15Section 11400.

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

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

24(1) (A) The child meets the conditions of subdivision (b).

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

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

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

33(2) (A) The child meets the requirements of subdivision (h).

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

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

39(3) (A) The child has been removed from the custody of his or
40her parent, relative, or guardian as a result of a voluntary placement
P24   1agreement or a judicial determination that continuance in the home
2would be contrary to the child’s welfare and that, if the child was
3placed in foster care, reasonable efforts were made, consistent with
4Chapter 5 (commencing with Section 16500) of Part 4, to prevent
5or eliminate the need for removal of the child from his or her home
6and to make it possible for the child to return to his or her home,
7or the child is a nonminor dependent who satisfies the removal
8criteria in Section 472(a)(2)(A)(i) of the federal Social Security
9Act (42 U.S.C. Sec. 672 (a)(2)(A)(i)) and agrees to the placement
10and care responsibility of the placing agency by signing the
11voluntary reentry agreement, as set forth in subdivision (z) of
12Section 11400, and any of the following applies:

13(i) The child has been adjudged a dependent child of the court
14on the grounds that he or she is a person described by Section 300.

15(ii) The child has been adjudged a ward of the court on the
16grounds that he or she is a person described by Sections 601 and
17602 or, on or after January 1, 2012, the nonminor is under the
18transition jurisdiction of the juvenile court, pursuant to Section
19450.

20(iii) The child has been detained under a court order, pursuant
21to Section 319 or 636, that remains in effect.

22(iv) The child’s or nonminor’s dependency jurisdiction, or
23transition jurisdiction pursuant to Section 450, has resumed
24pursuant to Section 387, or subdivision (a) or (e) of Section 388.

25(B) The child has been placed in an eligible foster care
26placement, as set forth in Section 11402.

27(C) The requirements of Sections 671 and 672 of Title 42 of
28the United States Code have been satisfied.

29(D) This paragraph shall be implemented only if federal financial
30participation is available for the children described in this
31paragraph.

32(4) With respect to a nonminor dependent, in addition to meeting
33the conditions specified in paragraph (1), the requirements of
34Section 675(8)(B) of Title 42 of the United States Code have been
35satisfied. With respect to a former nonminor dependent who
36 reenters foster care placement by signing the voluntary reentry
37agreement, as set forth in subdivision (z) of Section 11400, the
38requirements for AFDC-FC eligibility of Section 672(a)(3)(A) of
39Title 42 of the United States Code are satisfied based on the
40nonminor’s status as a child-only case, without regard to the
P25   1parents, legal guardians, or others in the assistance unit in the home
2from which the nonminor was originally removed.

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

4(1) The child has been adjudged to be a dependent child or ward
5of the court on the grounds that he or she is a person described in
6Section 300, 601, or 602.

7(2) The child’s parent also has been adjudged to be a dependent
8child or nonminor dependent of the court on the grounds that he
9or she is a person described by Section 300, 450, 601, or 602 and
10is receiving benefits under this chapter.

11(3) The child is placed in the same licensed or approved foster
12care facility in which his or her parent is placed and the child’s
13parent is receiving reunification services with respect to that child.

14(i) This section shall become operative onbegin delete July 15,end deletebegin insert July 1,end insert 2016.

15

begin deleteSEC. 13.end delete
16begin insertSEC. 12.end insert  

Section 11450.16 of the Welfare and Institutions
17Code
is amended to read:

18

11450.16.  

(a) For purposes of determining eligibility under
19this chapter, and for computing the amount of aid payment under
20Section 11450, families shall be grouped into assistance units.

21(b) Every assistance unit shall include at least one of the
22following persons:

23(1) One of each of the following:

24(A) An eligible child.

25(B) The caretaker relative of an otherwise eligible child who is
26not receiving aid under Section 11250 because that child is
27receiving benefits under Title XVI of the Social Security Act
28(Subchapter 16 (commencing with Section 1381) of Chapter 7 of
29Title 42 of the United States Code), or Kin-GAP payments under
30Section 11364 or 11387, or foster care payments under Section
3111461.

32(2) A pregnant woman who is eligible for payments under
33subdivision (c) of Section 11450.

34(c) Every assistance unit shall, in addition to the requirements
35of subdivision (b), include the eligible parents of the eligible child
36and the eligible siblings, including half-siblings, of the eligible
37child when those persons reside in the same home as the eligible
38child. This subdivision shall not apply to any convicted offender
39who is permitted to reside at the home of the eligible child as part
P26   1of a court-imposed sentence and who is considered an absent parent
2under Section 11250.

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

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

12(1) There is a common caretaker relative for the eligible
13children.

14(2) One caretaker relative marries another caretaker relative.

15(3) Two caretaker relatives are the parents of an eligible child.

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

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

24

begin deleteSEC. 14.end delete
25begin insertSEC. 13.end insert  

Section 11450.16 is added to the Welfare and
26Institutions Code
, to read:

27

11450.16.  

(a) For purposes of determining eligibility under
28this chapter, and for computing the amount of aid payment under
29Section 11450, families shall be grouped into assistance units.

30(b) Every assistance unit shall include at least one of the
31following persons:

32(1) One of each of the following:

33(A) An eligible child.

34(B) The caretaker relative of an otherwise eligible child who is
35not receiving aid under Section 11250 because that child is
36receiving benefits under Title XVI of the Social Security Act
37(Subchapter 16 (commencing with Section 1381) of Chapter 7 of
38Title 42 of the United States Code), or Kin-GAP payments under
39Section 11364 or 11387, or foster care payments under Section
4011461.

P27   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 parent
10under 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 duration
16of the absence precludes counting on the parent’s performance of
17the function of planning for the present support or care of the child.
18If these conditions exist, the parent may be absent for any reason,
19and may have left only recently or some time previously.

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

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

29(1) There is a common caretaker relative for the eligible
30children.

31(2) One caretaker relative marries another caretaker relative.

32(3) Two caretaker relatives are the parents of an eligible child.

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

36(h) This section shall become operative onbegin delete July 15,end deletebegin insert July 1,end insert 2016.

37

begin deleteSEC. 15.end delete
38begin insertSEC. 14.end insert  

(a) Notwithstanding the Administrative Procedure
39Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of
40Division 3 of Title 2 of the Government Code), the State
P28   1Department of Social Services shall implement this act through
2an all-county letter or similar instructions from the director.

3(b) The department shall adopt regulations as necessary to
4implement this act no later than July 1, 2018.

5

begin deleteSEC. 16.end delete
6begin insertSEC. 15.end insert  

No appropriation pursuant to Section 15200 of the
7Welfare and Institutions Code shall be made for purposes of
8implementing this act.

9

begin deleteSEC. 17.end delete
10begin insertSEC. 16.end insert  

If the Commission on State Mandates determines
11that this act contains costs mandated by the state, reimbursement
12to local agencies and school districts for those costs shall be made
13pursuant to Part 7 (commencing with Section 17500) of Division
144 of Title 2 of the Government Code.



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