BILL NUMBER: AB 371	ENROLLED
	BILL TEXT

	PASSED THE SENATE  SEPTEMBER 9, 2015
	PASSED THE ASSEMBLY  SEPTEMBER 10, 2015
	AMENDED IN SENATE  SEPTEMBER 1, 2015
	AMENDED IN SENATE  JUNE 29, 2015

INTRODUCED BY   Assembly Member Mullin
   (Coauthor: Assembly Member Lopez)

                        FEBRUARY 17, 2015

   An act to amend, repeal, and add Sections 11201, 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, 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, commencing July 1, 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, commencing July 1, 2016, recast these provisions
and would clarify that an adult in an assistance unit that includes 2
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.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  This act shall be known, and may be cited, as the
CalWORKs Family Unity Act of 2015.
  SEC. 2.  Section 11201 of the Welfare and Institutions Code is
amended to read:
   11201.  For the purposes of this chapter, the following shall
apply:
   (a) "Unemployed parent" means a natural or adoptive parent with
whom the child is living.
   (b) A child for whom a parent is applying for assistance under
this chapter shall be considered to be deprived of parental support
or care due to the unemployment of his or her parent or parents when
the parent has worked less than 100 hours in the preceding four weeks
and meets the requirements concerning an unemployed parent in effect
on August 21, 1996, as set forth in Section 233.100 of Title 45 of
the Code of Federal Regulations except for the provisions of
subparagraph (i) to (v), inclusive, of paragraph (3) of subsection
(a) of that section.
   (c) A family receiving aid under this chapter with a child who is
considered to be deprived of parental support or care due to
unemployment may continue to receive assistance regardless of the
number of hours his or her parent works provided the family does not
exceed the applicable gross or net income limits and is otherwise
eligible for assistance.
   (d) This section shall become inoperative on July 1, 2016, and, as
of January 1, 2017, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2017, deletes or
extends the dates on which it becomes inoperative and is repealed.
  SEC. 3.  Section 11201 is added to the Welfare and Institutions
Code, to read:
   11201.  (a) For purposes of this chapter, "parent" means a natural
or adoptive parent.
   (b) This section shall become operative on July 1, 2016.
  SEC. 4.  Section 11250 of the Welfare and Institutions Code is
amended to read:
   11250.  Aid, services, or both shall be granted under the
provisions of this chapter, and subject to the regulations of the
department, to families with related children under the age of 18
years, except as provided in Section 11253, in need thereof because
they have been deprived of parental support or care due to:
   (a) The death, physical or mental incapacity, or incarceration of
a parent.
   (b) The unemployment of a parent or parents.
   (c) Continued absence of a parent from the home due to divorce,
separation, desertion, or any other reason, except absence occasioned
solely by reason of the performance of active duty in the uniformed
services of the United States. "Continued absence" exists when the
nature of the absence is such as either to interrupt or to terminate
the parent's functioning as a provider of maintenance, physical care,
or guidance for the child, and the known or indefinite duration of
the absence precludes counting on the parent's performance of the
function of planning for the present support or care of the child. If
these conditions exist, the parent may be absent for any reason, and
may have left only recently or some time previously.
   (d) This section shall become inoperative on July 1, 2016, and, as
of January 1, 2017, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2017, deletes or
extends the dates on which it becomes inoperative and is repealed.
  SEC. 5.  Section 11250 is added to the Welfare and Institutions
Code, to read:
   11250.  (a) Aid, services, or both shall be granted under this
chapter, and subject to the regulations of the department, to
families with related children under 18 years of age, except as
provided in Section 11253, in need thereof, if the family meets the
eligibility requirements specified in this chapter.
   (b) This section shall become operative on July 1, 2016.
  SEC. 6.  Section 11320.3 of the Welfare and Institutions Code is
amended to read:
   11320.3.  (a) (1) Except as provided in subdivision (b) or if
otherwise exempt, every individual, as a condition of eligibility for
aid under this chapter, shall participate in welfare-to-work
activities under this article.
   (2) Individuals eligible under Section 11331.5 shall be required
to participate in the Cal-Learn Program under Article 3.5 (commencing
with Section 11331) during the time that article is operative, in
lieu of the welfare-to-work requirements, and subdivision (b) shall
not apply to that individual.
   (b) The following individuals shall not be required to participate
for so long as the condition continues to exist:
   (1) An individual under 16 years of age.
   (2) (A) A child attending an elementary, secondary, vocational, or
technical school on a full-time basis.
   (B) A person who is 16 or 17 years of age, or a person described
in subdivision (d) who loses this exemption, shall not requalify for
the exemption by attending school as a required activity under this
article.
   (C) Notwithstanding subparagraph (B), a person who is 16 or 17
years of age who has obtained a high school diploma or its equivalent
and is enrolled or is planning to enroll in a postsecondary
education, vocational, or technical school training program shall
also not be required to participate for so long as the condition
continues to exist.
   (D) For purposes of subparagraph (C), a person shall be deemed to
be planning to enroll in a postsecondary education, vocational, or
technical school training program if he or she, or his or her parent,
acting on his or her behalf, submits a written statement expressing
his or her intent to enroll in such a program for the following term.
The exemption from participation shall not continue beyond the
beginning of the term, unless verification of enrollment is provided
or obtained by the county.
   (3) An individual who meets either of the following conditions:
   (A) The individual is disabled as determined by a doctor's
verification that the disability is expected to last at least 30 days
and that it significantly impairs the recipient's ability to be
regularly employed or participate in welfare-to-work activities,
provided that the individual is actively seeking appropriate medical
treatment.
   (B) The individual is of advanced age.
   (4) A nonparent caretaker relative who has primary responsibility
for providing care for a child and is either caring for a child who
is a dependent or ward of the court or caring for a child in a case
in which a county determines the child is at risk of placement in
foster care, and the county determines that the caretaking
responsibilities are beyond those considered normal day-to-day
parenting responsibilities such that they impair the caretaker
relative's ability to be regularly employed or to participate in
welfare-to-work activities.
   (5) An individual whose presence in the home is required because
of illness or incapacity of another member of the household and whose
caretaking responsibilities impair the recipient's ability to be
regularly employed or to participate in welfare-to-work activities.
   (6) A parent or other relative who meets the criteria in
subparagraph (A) or (B).
   (A) (i) The parent or other relative has primary responsibility
for personally providing care to a child six months of age or under,
except that, on a case-by-case basis, and based on criteria developed
by the county, this period may be reduced to the first 12 weeks
after the birth or adoption of the child, or increased to the first
12 months after the birth or adoption of the child. An individual may
be exempt only once under this clause.
   (ii) An individual who received an exemption pursuant to clause
(i) shall be exempt for a period of 12 weeks, upon the birth or
adoption of any subsequent children, except that this period may be
extended on a case-by-case basis to six months, based on criteria
developed by the county.
   (iii) In making the determination to extend the period of
exception under clause (i) or (ii), the following may be considered:
   (I) The availability of child care.
   (II) Local labor market conditions.
   (III) Other factors determined by the county.
   (iv) Effective January 1, 2013, the parent or other relative has
primary responsibility for personally providing care to one child
from birth to 23 months, inclusive. The exemption provided for under
this clause shall be available in addition to any other exemption
provided for under this subparagraph. An individual may be exempt
only once under this clause.
   (B) In a family eligible for aid under this chapter due to the
unemployment of the principal wage earner, the exemption criteria
contained in subparagraph (A) shall be applied to only one parent.
   (7) A parent or other relative who has primary responsibility for
personally providing care to one child who is from 12 to 23 months of
age, inclusive, or two or more children who are under six years of
age.
   (8) A woman who is pregnant and for whom it has been medically
verified that the pregnancy impairs her ability to be regularly
employed or participate in welfare-to-work activities or the county
has determined that, at that time, participation will not readily
lead to employment or that a training activity is not appropriate. If
a pregnant woman is unable to secure this medical verification, but
is otherwise eligible for an exemption from welfare-to-work
requirements under this section, including good cause for temporary
illness related to the pregnancy, she shall be exempt from
participation.
   (c) Any individual not required to participate may choose to
participate voluntarily under this article, and end that
participation at any time without loss of eligibility for aid under
this chapter, if his or her status has not changed in a way that
would require participation.
   (d) (1) Notwithstanding subdivision (a), a custodial parent who is
under 20 years of age and who has not earned a high school diploma
or its equivalent, and who is not exempt or whose only basis for
exemption is paragraph (1), (2), (5), (6), (7), or (8) of subdivision
(b), shall be required to participate solely for the purpose of
earning a high school diploma or its equivalent. During the time that
Article 3.5 (commencing with Section 11331) is operative, this
subdivision shall only apply to a custodial parent who is 19 years of
age.
   (2) Section 11325.25 shall apply to a custodial parent who is 18
or 19 years of age and who is required to participate under this
article.
   (e) Notwithstanding paragraph (1) of subdivision (d), the county
may determine that participation in education activities for the
purpose of earning a high school diploma or equivalent is
inappropriate for an 18 or 19 year old custodial parent only if that
parent is reassigned pursuant to an evaluation under Section
11325.25, or, at appraisal is already in an educational or vocational
training program that is approvable as a self-initiated program as
specified in Section 11325.23. If that determination is made, the
parent shall be allowed to continue participation in the
self-initiated program subject to Section 11325.23. During the time
that Article 3.5 (commencing with Section 11331) is operative, this
subdivision shall only apply to a custodial parent who is 19 years of
age.
   (f) A recipient shall be excused from participation for good cause
when the county has determined there is a condition or other
circumstance that temporarily prevents or significantly impairs the
recipient's ability to be regularly employed or to participate in
welfare-to-work activities. The county welfare department shall
review the good cause determination for its continuing
appropriateness in accordance with the projected length of the
condition, or circumstance, but not less than every three months. The
recipient shall cooperate with the county welfare department and
provide information, including written documentation, as required to
complete the review. Conditions that may be considered good cause
include, but are not limited to, the following:
   (1) Lack of necessary supportive services.
   (2) In accordance with Article 7.5 (commencing with Section
11495), the applicant or recipient is a victim of domestic violence,
but only if participation under this article is detrimental to or
unfairly penalizes that individual or his or her family.
   (3) Licensed or license-exempt child care for a child 10 years of
age or younger is not reasonably available during the individual's
hours of training or employment including commuting time, or
arrangements for child care have broken down or have been
interrupted, or child care is needed for a child who meets the
criteria of subparagraph (C) of paragraph (1) of subdivision (a) of
Section 11323.2, but who is not included in the assistance unit. For
purposes of this paragraph, "reasonable availability" means child
care that is commonly available in the recipient's community to a
person who is not receiving aid and that is in conformity with the
requirements of Public Law 104-193. The choices of child care shall
meet either licensing requirements or the requirements of Section
11324. This good cause criterion shall include the unavailability of
suitable special needs child care for children with identified
special needs, including, but not limited to, disabilities or chronic
illnesses.
   (g) (1) Paragraph (7) of subdivision (b) shall be implemented
notwithstanding Sections 11322.4, 11322.7, 11325.6, and 11327, and
shall become inoperative on January 1, 2013.
   (2) The State Department of Social Services, in consultation with
the County Welfare Directors Association of California, and
advocates, shall develop a process to assist clients with
reengagement in welfare-to-work activities, pursuant to subdivision
(h). Reengagement activities may include notifying clients of the
expiration of exemptions, reassessments, and identifying necessary
supportive services.
   (h) (1) A recipient who was not required to participate in
welfare-to-work activities on December 31, 2012, because, in
accordance with paragraph (7) of subdivision (b), he or she is a
parent or other relative who has primary responsibility for
personally providing care to one child who is from 12 to 23 months of
age, inclusive, or two or more children who are under six years of
age shall not be required to participate until the county welfare
department reengages the recipient in welfare-to-work activities.
   (2) For purposes of this subdivision, reengagement in
welfare-to-work activities shall include the development of a
welfare-to-work plan in accordance with Section 11325.21 and the
provision of necessary supportive services pursuant to Section
11323.2.
   (3) County welfare departments shall reengage all recipients
described in paragraph (1) by January 1, 2015, unless the recipient
is otherwise eligible for an exemption under subdivision (b).
   (4) A recipient reengaged in accordance with this subdivision who
has received assistance under this chapter, or from any state
pursuant to the Temporary Assistance for Needy Families program (Part
A (commencing with Section 401) of Title IV of the federal Social
Security Act (42 U.S.C. Sec. 601 et seq.)), may continue in a
welfare-to-work plan that meets the requirements of Section 11322.6
for a cumulative period of 24 months commencing the first day of the
first month after he or she is reengaged, unless or until he or she
exceeds the 48-month time limitation described in Section 11454.
   (5) All months of assistance described in paragraph (4) prior to
the reengagement of the recipient shall not be applied to the
24-month limitation described in paragraph (1) of subdivision (a) of
Section 11322.85.
   (i) This section shall become inoperative on July 1, 2016, and, as
of January 1, 2017, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2017, deletes or
extends the dates on which it becomes inoperative and is repealed.
  SEC. 7.  Section 11320.3 is added to the Welfare and Institutions
Code, to read:
   11320.3.  (a) (1) Except as provided in subdivision (b) or if
otherwise exempt, every individual, as a condition of eligibility for
aid under this chapter, shall participate in welfare-to-work
activities under this article.
   (2) Individuals eligible under Section 11331.5 shall be required
to participate in the Cal-Learn Program under Article 3.5 (commencing
with Section 11331) during the time that article is operative, in
lieu of the welfare-to-work requirements, and subdivision (b) shall
not apply to that individual.
   (b) The following individuals shall not be required to participate
for so long as the condition continues to exist:
   (1) An individual under 16 years of age.
   (2) (A) A child attending an elementary, secondary, vocational, or
technical school on a full-time basis.
   (B) A person who is 16 or 17 years of age, or a person described
in subdivision (d) who loses this exemption, shall not requalify for
the exemption by attending school as a required activity under this
article.
   (C) Notwithstanding subparagraph (B), a person who is 16 or 17
years of age who has obtained a high school diploma or its equivalent
and is enrolled or is planning to enroll in a postsecondary
education, vocational, or technical school training program shall
also not be required to participate for so long as the condition
continues to exist.
   (D) For purposes of subparagraph (C), a person shall be deemed to
be planning to enroll in a postsecondary education, vocational, or
technical school training program if he or she, or his or her parent,
acting on his or her behalf, submits a written statement expressing
his or her intent to enroll in such a program for the following term.
The exemption from participation shall not continue beyond the
beginning of the term, unless verification of enrollment is provided
or obtained by the county.
   (3) An individual who meets either of the following conditions:
   (A) The individual is disabled as determined by a doctor's
verification that the disability is expected to last at least 30 days
and that it significantly impairs the recipient's ability to be
regularly employed or participate in welfare-to-work activities,
provided that the individual is actively seeking appropriate medical
treatment.
   (B) The individual is of advanced age.
   (4) A nonparent caretaker relative who has primary responsibility
for providing care for a child and is either caring for a child who
is a dependent or ward of the court or caring for a child in a case
in which a county determines the child is at risk of placement in
foster care, and the county determines that the caretaking
responsibilities are beyond those considered normal day-to-day
parenting responsibilities such that they impair the caretaker
relative's ability to be regularly employed or to participate in
welfare-to-work activities.
   (5) An individual whose presence in the home is required because
of illness or incapacity of another member of the household and whose
caretaking responsibilities impair the recipient's ability to be
regularly employed or to participate in welfare-to-work activities.
   (6) A parent or other relative who meets the criteria in
subparagraph (A) or (B).
   (A) (i) The parent or other relative has primary responsibility
for personally providing care to a child six months of age or under,
except that, on a case-by-case basis, and based on criteria developed
by the county, this period may be reduced to the first 12 weeks
after the birth or adoption of the child, or increased to the first
12 months after the birth or adoption of the child. An individual may
be exempt only once under this clause.
   (ii) An individual who received an exemption pursuant to clause
(i) shall be exempt for a period of 12 weeks, upon the birth or
adoption of any subsequent children, except that this period may be
extended on a case-by-case basis to six months, based on criteria
developed by the county.
   (iii) In making the determination to extend the period of
exception under clause (i) or (ii), the following may be considered:
   (I) The availability of child care.
   (II) Local labor market conditions.
   (III) Other factors determined by the county.
   (iv) The parent or other relative has primary responsibility for
personally providing care to one child from birth to 23 months,
inclusive. The exemption provided for under this clause shall be
available in addition to any other exemption provided for under this
subparagraph. An individual may be exempt only once under this
clause.
   (B) In a family eligible for aid under this chapter, the exemption
criteria contained in subparagraph (A) shall be applied to only one
parent.
   (7) A parent or other relative who has primary responsibility for
personally providing care to one child who is from 12 to 23 months of
age, inclusive, or two or more children who are under six years of
age.
   (8) A woman who is pregnant and for whom it has been medically
verified that the pregnancy impairs her ability to be regularly
employed or participate in welfare-to-work activities or the county
has determined that, at that time, participation will not readily
lead to employment or that a training activity is not appropriate. If
a pregnant woman is unable to secure this medical verification, but
is otherwise eligible for an exemption from welfare-to-work
requirements under this section, including good cause for temporary
illness related to the pregnancy, she shall be exempt from
participation.
   (c) Any individual not required to participate may choose to
participate voluntarily under this article, and end that
participation at any time without loss of eligibility for aid under
this chapter, if his or her status has not changed in a way that
would require participation.
   (d) (1) Notwithstanding subdivision (a), a custodial parent who is
under 20 years of age and who has not earned a high school diploma
or its equivalent, and who is not exempt or whose only basis for
exemption is paragraph (1), (2), (5), (6), (7), or (8) of subdivision
(b), shall be required to participate solely for the purpose of
earning a high school diploma or its equivalent. During the time that
Article 3.5 (commencing with Section 11331) is operative, this
subdivision shall only apply to a custodial parent who is 19 years of
age.
   (2) Section 11325.25 shall apply to a custodial parent who is 18
or 19 years of age and who is required to participate under this
article.
   (e) Notwithstanding paragraph (1) of subdivision (d), the county
may determine that participation in education activities for the
purpose of earning a high school diploma or equivalent is
inappropriate for an 18 or 19 year old custodial parent only if that
parent is reassigned pursuant to an evaluation under Section
11325.25, or, at the time of appraisal, is already in an educational
or vocational training program that is approvable as a self-initiated
program as specified in Section 11325.23. If that determination is
made, the parent shall be allowed to continue participation in the
self-initiated program subject to Section 11325.23. During the time
that Article 3.5 (commencing with Section 11331) is operative, this
subdivision shall only apply to a custodial parent who is 19 years of
age.
   (f) A recipient shall be excused from participation for good cause
when the county has determined there is a condition or other
circumstance that temporarily prevents or significantly impairs the
recipient's ability to be regularly employed or to participate in
welfare-to-work activities. The county welfare department shall
review the good cause determination for its continuing
appropriateness in accordance with the projected length of the
condition, or circumstance, but not less than every three months. The
recipient shall cooperate with the county welfare department and
provide information, including written documentation, as required to
complete the review. Conditions that may be considered good cause
include, but are not limited to, the following:
   (1) Lack of necessary supportive services.
   (2) In accordance with Article 7.5 (commencing with Section
11495), the applicant or recipient is a victim of domestic violence,
but only if participation under this article is detrimental to or
unfairly penalizes that individual or his or her family.
   (3) Licensed or license-exempt child care for a child 10 years of
age or younger is not reasonably available during the individual's
hours of training or employment including commuting time, or
arrangements for child care have broken down or have been
interrupted, or child care is needed for a child who meets the
criteria of subparagraph (C) of paragraph (1) of subdivision (a) of
Section 11323.2, but who is not included in the assistance unit. For
purposes of this paragraph, "reasonable availability" means child
care that is commonly available in the recipient's community to a
person who is not receiving aid and that is in conformity with the
requirements of Public Law 104-193. The choices of child care shall
meet either licensing requirements or the requirements of Section
11324. This good cause criterion shall include the unavailability of
suitable special needs child care for children with identified
special needs, including, but not limited to, disabilities or chronic
illnesses.
   (g) (1) Paragraph (7) of subdivision (b) shall be implemented
notwithstanding Sections 11322.4, 11322.7, 11325.6, and 11327, and
shall become inoperative on January 1, 2013.
   (2) The State Department of Social Services, in consultation with
the County Welfare Directors Association of California, and
advocates, shall develop a process to assist clients with
reengagement in welfare-to-work activities, pursuant to subdivision
(h). Reengagement activities may include notifying clients of the
expiration of exemptions, reassessments, and identifying necessary
supportive services.
   (h) (1) A recipient who was not required to participate in
welfare-to-work activities on December 31, 2012, because, in
accordance with paragraph (7) of subdivision (b), he or she is a
parent or other relative who has primary responsibility for
personally providing care to one child who is from 12 to 23 months of
age, inclusive, or two or more children who are under six years of
age shall not be required to participate until the county welfare
department reengages the recipient in welfare-to-work activities.
   (2) For purposes of this subdivision, reengagement in
welfare-to-work activities shall include the development of a
welfare-to-work plan in accordance with Section 11325.21 and the
provision of necessary supportive services pursuant to Section
11323.2.
   (3) County welfare departments shall reengage all recipients
described in paragraph (1) by January 1, 2015, unless the recipient
is otherwise eligible for an exemption under subdivision (b).

  (4) A recipient reengaged in accordance with this subdivision who
has received assistance under this chapter, or from any state
pursuant to the Temporary Assistance for Needy Families program (Part
A (commencing with Section 401) of Title IV of the federal Social
Security Act (42 U.S.C. Sec. 601 et seq.)), may continue in a
welfare-to-work plan that meets the requirements of Section 11322.6
for a cumulative period of 24 months commencing the first day of the
first month after he or she is reengaged, unless or until he or she
exceeds the 48-month time limitation described in Section 11454.
   (5) All months of assistance described in paragraph (4) prior to
the reengagement of the recipient shall not be applied to the
24-month limitation described in paragraph (1) of subdivision (a) of
Section 11322.85.
   (i) This section shall become operative on July 1, 2016.
  SEC. 8.  Section 11322.8 of the Welfare and Institutions Code is
amended to read:
   11322.8.  (a) For a recipient required to participate in
accordance with paragraph (1) of subdivision (a) of Section 11322.85,
unless the recipient is otherwise exempt, the following shall apply:

   (1) (A) An adult recipient in a one-parent assistance unit that
does not include a child under six years of age shall participate in
welfare-to-work activities for an average of at least 30 hours per
week during the month.
   (B) An adult recipient in a one-parent assistance unit that
includes a child under six years of age shall participate in
welfare-to-work activities for an average of at least 20 hours per
week during the month.
   (2) An adult recipient who is an unemployed parent, as defined in
Section 11201, shall participate for an average of at least 35 hours
of welfare-to-work activities per week during the month. However,
both parents in a two-parent assistance unit may contribute to the 35
hours.
   (b) For a recipient required to participate in accordance with
paragraph (3) of subdivision (a) of Section 11322.85, the following
shall apply:
   (1) Unless otherwise exempt, an adult recipient in a one-parent
assistance unit shall participate in welfare-to-work activities for
an average of at least 30 hours per week during the month, subject to
the special rules and limitations described in Section 607(c)(1)(A)
of Title 42 of the United States Code as of January 1, 2013.
   (2) Unless otherwise exempt, an adult recipient in a one-parent
assistance unit that includes a child under six years of age shall
participate in welfare-to-work activities for an average of at least
20 hours per week during the month, as described in Section 607(c)(2)
(B) of Title 42 of the United States Code as of January 1, 2013.
   (3) Unless otherwise exempt, an adult recipient who is an
unemployed parent, as defined in Section 11201, shall participate in
welfare-to-work activities for an average of at least 35 hours per
week during the month, subject to the special rules and limitations
described in Section 607(c)(1)(B) of Title 42 of the United States
Code as of January 1, 2013.
   (c) This section shall become inoperative on July 1, 2016, and, as
of January 1, 2017, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2017, deletes or
extends the dates on which it becomes inoperative and is repealed.
  SEC. 9.  Section 11322.8 is added to the Welfare and Institutions
Code, to read:
   11322.8.  (a) An adult recipient required to participate in
accordance with paragraph (1) of subdivision (a) of Section 11322.85,
unless otherwise exempt, shall participate in welfare-to-work
activities for the following number of hours per week during the
month:
   (1) An average of at least 30 hours per week, if the assistance
unit includes either of the following but does not include a child
under six years of age:
   (A) One adult.
   (B) Two adults, one of whom is disabled as defined in subparagraph
(A) of paragraph (3) of subdivision (b) of Section 11320.3.
   (2) An average of at least 20 hours per week, if the assistance
unit includes a child under six years of age and either of the
following:
   (A) One adult.
   (B) Two adults, one of whom is disabled as defined in subparagraph
(A) of paragraph (3) of subdivision (b) of Section 11320.3.
   (3) An average of at least 20 hours per week, if the assistance
unit consists only of a pregnant woman.
   (4) An average of at least 35 hours per week if the assistance
unit includes two adults, except as provided in paragraphs (1) and
(2). However, both adults may contribute to the 35 hours.
   (b) An adult recipient required to participate in accordance with
paragraph (3) of subdivision (a) of Section 11322.85, unless
otherwise exempt, shall participate in welfare-to-work activities for
the following number of hours per week during the month:
   (1) An average of at least 30 hours per week, subject to the
special rules and limitations described in Section 607(c)(1)(A) of
Title 42 of the United States Code as of January 1, 2013, if the
assistance unit consists of only a pregnant woman, or includes one of
the following but does not include a child under six years of age:
   (A) One adult.
   (B) Two adults, one of whom is disabled as defined in subparagraph
(A) of paragraph (3) of subdivision (b) of Section 11320.3.
   (2) An average of at least 20 hours per week, as described in
Section 607(c)(2)(B) of Title 42 of the United States Code as of
January 1, 2013, if the assistance unit includes only one adult and a
child under six years of age.
   (3) An average of at least 35 hours per week if the assistance
unit includes two adults, except as provided in paragraph (1) and
subject to the special rules and limitations described in Section 607
(c)(1)(B) of Title 42 of the United States Code as of January 1,
2013.
   (c) This section shall become operative on July 1, 2016.
  SEC. 10.  Section 11401 of the Welfare and Institutions Code is
amended to read:
   11401.  Aid in the form of AFDC-FC shall be provided under this
chapter on behalf of any child under 18 years of age, and, on and
after January 1, 2012, to any nonminor dependent who meets the
conditions of any of the following subdivisions:
   (a) The child has been relinquished, for purposes of adoption, to
a licensed adoption agency, or the department, or the parental rights
of either or both of his or her parents have been terminated after
an action under the Family Code has been brought by a licensed
adoption agency or the department, provided that the licensed
adoption agency or the department, if responsible for placement and
care, provides to those children all services as required by the
department to children in foster care.
   (b) The child has been removed from the physical custody of his or
her parent, relative, or guardian as a result of a voluntary
placement agreement or a judicial determination that continuance in
the home would be contrary to the child's welfare and that, if the
child was placed in foster care, reasonable efforts were made,
consistent with Chapter 5 (commencing with Section 16500) of Part 4,
to prevent or eliminate the need for removal of the child from his or
her home and to make it possible for the child to return to his or
her home, and any of the following applies:
   (1) The child has been adjudged a dependent child of the court on
the grounds that he or she is a person described by Section 300.
   (2) The child has been adjudged a ward of the court on the grounds
that he or she is a person described by Sections 601 and 602, or, on
or after January 1, 2012, the nonminor is under the transition
jurisdiction of the juvenile court pursuant to Section 450.
   (3) The child has been detained under a court order, pursuant to
Section 319 or 636, that remains in effect.
   (4) The child's or nonminor's dependency jurisdiction, or
transition jurisdiction pursuant to Section 450, has resumed pursuant
to Section 387, or subdivision (a) or (e) of Section 388.
   (c) The child has been voluntarily placed by his or her parent or
guardian pursuant to Section 11401.1.
   (d) The child is living in the home of a nonrelated legal
guardian.
   (e) On and after January 1, 2012, the child is a nonminor
dependent who is placed pursuant to a mutual agreement as set forth
in subdivision (u) of Section 11400, under the placement and care
responsibility of the county child welfare services department, an
Indian tribe that entered into an agreement pursuant to Section
10553.1, or the county probation department, or the child is a
nonminor dependent reentering foster care placement pursuant to a
voluntary agreement, as set forth in subdivision (z) of Section
11400.
   (f) The child has been placed in foster care under the federal
Indian Child Welfare Act. Sections 11402, 11404, and 11405 shall not
be construed as limiting payments to Indian children, as defined in
the federal Indian Child Welfare Act, placed in accordance with that
act.
   (g) To be eligible for federal financial participation, the
conditions described in paragraph (1), (2), (3), or (4) shall be
satisfied:
   (1) (A) The child meets the conditions of subdivision (b).
   (B) The child has been deprived of parental support or care for
any of the reasons set forth in Section 11250.
   (C) The child has been removed from the home of a relative as
defined in Section 233.90(c)(1) of Title 45 of the Code of Federal
Regulations, as amended.
   (D) The requirements of Sections 671 and 672 of Title 42 of the
United States Code, as amended, have been met.
   (2) (A) The child meets the requirements of subdivision (h).
   (B) The requirements of Sections 671 and 672 of Title 42 of the
United States Code, as amended, have been met.
   (C) This paragraph shall be implemented only if federal financial
participation is available for the children described in this
paragraph.
   (3) (A) The child has been removed from the custody of his or her
parent, relative, or guardian as a result of a voluntary placement
agreement or a judicial determination that continuance in the home
would be contrary to the child's welfare and that, if the child was
placed in foster care, reasonable efforts were made, consistent with
Chapter 5 (commencing with Section 16500) of Part 4, to prevent or
eliminate the need for removal of the child from his or her home and
to make it possible for the child to return to his or her home, or
the child is a nonminor dependent who satisfies the removal criteria
in Section 472(a)(2)(A)(i) of the federal Social Security Act (42
U.S.C. Sec. 672 (a)(2)(A)(i)) and agrees to the placement and care
responsibility of the placing agency by signing the voluntary reentry
agreement, as set forth in subdivision (z) of Section 11400, and any
of the following applies:
   (i) The child has been adjudged a dependent child of the court on
the grounds that he or she is a person described by Section 300.
   (ii) The child has been adjudged a ward of the court on the
grounds that he or she is a person described by Sections 601 and 602
or, on or after January 1, 2012, the nonminor is under the transition
jurisdiction of the juvenile court, pursuant to Section 450.
   (iii) The child has been detained under a court order, pursuant to
Section 319 or 636, that remains in effect.
   (iv) The child's or nonminor's dependency jurisdiction, or
transition jurisdiction pursuant to Section 450, has resumed pursuant
to Section 387, or subdivision (a) or (e) of Section 388.
   (B) The child has been placed in an eligible foster care
placement, as set forth in Section 11402.
   (C) The requirements of Sections 671 and 672 of Title 42 of the
United States Code have been satisfied.
   (D) This paragraph shall be implemented only if federal financial
participation is available for the children described in this
paragraph.
   (4) With respect to a nonminor dependent, in addition to meeting
the conditions specified in paragraph (1), the requirements of
Section 675(8)(B) of Title 42 of the United States Code have been
satisfied. With respect to a former nonminor dependent who reenters
foster care placement by signing the voluntary reentry agreement, as
set forth in subdivision (z) of Section 11400, the requirements for
AFDC-FC eligibility of Section 672(a)(3)(A) of Title 42 of the United
States Code are satisfied based on the nonminor's status as a
child-only case, without regard to the parents, legal guardians, or
others in the assistance unit in the home from which the nonminor was
originally removed.
   (h) The child meets all of the following conditions:
   (1) The child has been adjudged to be a dependent child or ward of
the court on the grounds that he or she is a person described in
Section 300, 601, or 602.
   (2) The child's parent also has been adjudged to be a dependent
child or nonminor dependent of the court on the grounds that he or
she is a person described by Section 300, 450, 601, or 602 and is
receiving benefits under this chapter.
   (3) The child is placed in the same licensed or approved foster
care facility in which his or her parent is placed and the child's
parent is receiving reunification services with respect to that
child.
   (i) This section shall become inoperative on July 1, 2016, and, as
of January 1, 2017, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2017, deletes or
extends the dates on which it becomes inoperative and is repealed.
  SEC. 11.  Section 11401 is added to the Welfare and Institutions
Code, to read:
   11401.  Aid in the form of AFDC-FC shall be provided under this
chapter on behalf of any child under 18 years of age, and, on and
after January 1, 2012, to any nonminor dependent who meets the
conditions of any of the following subdivisions:
   (a) The child has been relinquished, for purposes of adoption, to
a licensed adoption agency, or the department, or the parental rights
of either or both of his or her parents have been terminated after
an action under the Family Code has been brought by a licensed
adoption agency or the department, provided that the licensed
adoption agency or the department, if responsible for placement and
care, provides to those children all services as required by the
department to children in foster care.
   (b) The child has been removed from the physical custody of his or
her parent, relative, or guardian as a result of a voluntary
placement agreement or a judicial determination that continuance in
the home would be contrary to the child's welfare and that, if the
child was placed in foster care, reasonable efforts were made,
consistent with Chapter 5 (commencing with Section 16500) of Part 4,
to prevent or eliminate the need for removal of the child from his or
her home and to make it possible for the child to return to his or
her home, and any of the following applies:
   (1) The child has been adjudged a dependent child of the court on
the grounds that he or she is a person described by Section 300.
   (2) The child has been adjudged a ward of the court on the grounds
that he or she is a person described by Sections 601 and 602, or, on
or after January 1, 2012, the nonminor is under the transition
jurisdiction of the juvenile court pursuant to Section 450.
   (3) The child has been detained under a court order, pursuant to
Section 319 or 636, that remains in effect.
   (4) The child's or nonminor's dependency jurisdiction, or
transition jurisdiction pursuant to Section 450, has resumed pursuant
to Section 387, or subdivision (a) or (e) of Section 388.
   (c) The child has been voluntarily placed by his or her parent or
guardian pursuant to Section 11401.1.
   (d) The child is living in the home of a nonrelated legal
guardian.
   (e) On and after January 1, 2012, the child is a nonminor
dependent who is placed pursuant to a mutual agreement as set forth
in subdivision (u) of Section 11400, under the placement and care
responsibility of the county child welfare services department, an
Indian tribe that entered into an agreement pursuant to Section
10553.1, or the county probation department, or the child is a
nonminor dependent reentering foster care placement pursuant to a
voluntary reentry agreement, as set forth in subdivision (z) of
Section 11400.
   (f) The child has been placed in foster care under the federal
Indian Child Welfare Act. Sections 11402, 11404, and 11405 shall not
be construed as limiting payments to Indian children, as defined in
the federal Indian Child Welfare Act, placed in accordance with that
act.
   (g) To be eligible for federal financial participation, the
conditions described in paragraph (1), (2), (3), or (4) shall be
satisfied:
   (1) (A) The child meets the conditions of subdivision (b).
   (B) The child has been deprived of parental support or care for
any of the reasons set forth in Section 233.90 (c)(1) of Title 42 of
the Code of Federal Regulations.
   (C) The child has been removed from the home of a relative as
defined in Section 233.90(c)(1) of Title 45 of the Code of Federal
Regulations, as amended.
   (D) The requirements of Sections 671 and 672 of Title 42 of the
United States Code, as amended, have been met.
   (2) (A) The child meets the requirements of subdivision (h).
   (B) The requirements of Sections 671 and 672 of Title 42 of the
United States Code, as amended, have been met.
   (C) This paragraph shall be implemented only if federal financial
participation is available for the children described in this
paragraph.
   (3) (A) The child has been removed from the custody of his or her
parent, relative, or guardian as a result of a voluntary placement
agreement or a judicial determination that continuance in the home
would be contrary to the child's welfare and that, if the child was
placed in foster care, reasonable efforts were made, consistent with
Chapter 5 (commencing with Section 16500) of Part 4, to prevent or
eliminate the need for removal of the child from his or her home and
to make it possible for the child to return to his or her home, or
the child is a nonminor dependent who satisfies the removal criteria
in Section 472(a)(2)(A)(i) of the federal Social Security Act (42
U.S.C. Sec. 672 (a)(2)(A)(i)) and agrees to the placement and care
responsibility of the placing agency by signing the voluntary reentry
agreement, as set forth in subdivision (z) of Section 11400, and any
of the following applies:
   (i) The child has been adjudged a dependent child of the court on
the grounds that he or she is a person described by Section 300.
   (ii) The child has been adjudged a ward of the court on the
grounds that he or she is a person described by Sections 601 and 602
or, on or after January 1, 2012, the nonminor is under the transition
jurisdiction of the juvenile court, pursuant to Section 450.
   (iii) The child has been detained under a court order, pursuant to
Section 319 or 636, that remains in effect.
   (iv) The child's or nonminor's dependency jurisdiction, or
transition jurisdiction pursuant to Section 450, has resumed pursuant
to Section 387, or subdivision (a) or (e) of Section 388.
   (B) The child has been placed in an eligible foster care
placement, as set forth in Section 11402.
   (C) The requirements of Sections 671 and 672 of Title 42 of the
United States Code have been satisfied.
   (D) This paragraph shall be implemented only if federal financial
participation is available for the children described in this
paragraph.
   (4) With respect to a nonminor dependent, in addition to meeting
the conditions specified in paragraph (1), the requirements of
Section 675(8)(B) of Title 42 of the United States Code have been
satisfied. With respect to a former nonminor dependent who reenters
foster care placement by signing the voluntary reentry agreement, as
set forth in subdivision (z) of Section 11400, the requirements for
AFDC-FC eligibility of Section 672(a)(3)(A) of Title 42 of the United
States Code are satisfied based on the nonminor's status as a
child-only case, without regard to the parents, legal guardians, or
others in the assistance unit in the home from which the nonminor was
originally removed.
   (h) The child meets all of the following conditions:
   (1) The child has been adjudged to be a dependent child or ward of
the court on the grounds that he or she is a person described in
Section 300, 601, or 602.
   (2) The child's parent also has been adjudged to be a dependent
child or nonminor dependent of the court on the grounds that he or
she is a person described by Section 300, 450, 601, or 602 and is
receiving benefits under this chapter.
   (3) The child is placed in the same licensed or approved foster
care facility in which his or her parent is placed and the child's
parent is receiving reunification services with respect to that
child.
   (i) This section shall become operative on July 1, 2016.
  SEC. 12.  Section 11450.16 of the Welfare and Institutions Code is
amended to read:
   11450.16.  (a) For purposes of determining eligibility under this
chapter, and for computing the amount of aid payment under Section
11450, families shall be grouped into assistance units.
   (b) Every assistance unit shall include at least one of the
following persons:
   (1) One of each of the following:
   (A) An eligible child.
   (B) The caretaker relative of an otherwise eligible child who is
not receiving aid under Section 11250 because that child is receiving
benefits under Title XVI of the Social Security Act (Subchapter 16
(commencing with Section 1381) of Chapter 7 of Title 42 of the United
States Code), or Kin-GAP payments under Section 11364 or 11387, or
foster care payments under Section 11461.
   (2) A pregnant woman who is eligible for payments under
subdivision (c) of Section 11450.
   (c) Every assistance unit shall, in addition to the requirements
of subdivision (b), include the eligible parents of the eligible
child and the eligible siblings, including half-siblings, of the
eligible child when those persons reside in the same home as the
eligible child. This subdivision shall not apply to any convicted
offender who is permitted to reside at the home of the eligible child
as part of a court-imposed sentence and who is considered an absent
parent under Section 11250.
   (d) An assistance unit may, at the option of the family comprising
the assistance unit, also include the nonparent caretaker relative
of the eligible child, the spouse of the parent of the eligible
child, otherwise eligible nonsibling children in the care of the
caretaker relative of the eligible child, and the alternatively
sentenced offender parent exempted under subdivision (c).
   (e) If two or more assistance units reside in the same home, they
shall be combined into one assistance unit when any of the following
circumstances occurs:
   (1) There is a common caretaker relative for the eligible
children.
   (2) One caretaker relative marries another caretaker relative.
   (3) Two caretaker relatives are the parents of an eligible child.
   (f) For purposes of this section, "caretaker relative" means the
parent or other relative, as defined by regulations adopted by the
department, who exercises responsibility and control of a child.
   (g) This section shall become inoperative on July 1, 2016, and, as
of January 1, 2017, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2017, deletes or
extends the dates on which it becomes inoperative and is repealed.
  SEC. 13.  Section 11450.16 is added to the Welfare and Institutions
Code, to read:
   11450.16.  (a) For purposes of determining eligibility under this
chapter, and for computing the amount of aid payment under Section
11450, families shall be grouped into assistance units.
   (b) Every assistance unit shall include at least one of the
following persons:
   (1) One of each of the following:
   (A) An eligible child.
   (B) The caretaker relative of an otherwise eligible child who is
not receiving aid under Section 11250 because that child is receiving
benefits under Title XVI of the Social Security Act (Subchapter 16
(commencing with Section 1381) of Chapter 7 of Title 42 of the United
States Code), or Kin-GAP payments under Section 11364 or 11387, or
foster care payments under Section 11461.
   (2) A pregnant woman who is eligible for payments under
subdivision (c) of Section 11450.
   (c) Every assistance unit shall, in addition to the requirements
of subdivision (b), include the eligible parents of the eligible
child and the eligible siblings, including half-siblings, of the
eligible child when those persons reside in the same home as the
eligible child. This subdivision shall not apply to any convicted
offender who is permitted to reside at the home of the eligible child
as part of a court-imposed sentence and who is considered an absent
parent under subdivision (d).
   (d) A parent shall not be included in the assistance unit if he or
she is absent from the home due to divorce, separation, desertion,
or any other reason, if his or her absence interrupts or terminates
the parent's functioning as a provider of maintenance, physical care,
or guidance for the child, and the known or indefinite duration of
the absence precludes counting on the parent's performance of the
function of planning for the present support or care of the child. If
these conditions exist, the parent may be absent for any reason, and
may have left only recently or some time previously.
   (e) An assistance unit may, at the option of the family comprising
the assistance unit, also include the nonparent caretaker relative
of the eligible child, the spouse of the parent of the eligible
child, otherwise eligible nonsibling children in the care of the
caretaker relative of the eligible child, and the alternatively
sentenced offender parent exempted under subdivision (c).
   (f) If two or more assistance units reside in the same home, they
shall be combined into one assistance unit when any of the following
circumstances occurs:
   (1) There is a common caretaker relative for the eligible
children.
   (2) One caretaker relative marries another caretaker relative.
   (3) Two caretaker relatives are the parents of an eligible child.
   (g) For purposes of this section, "caretaker relative" means the
parent or other relative, as defined by regulations adopted by the
department, who exercises responsibility and control of a child.
   (h) This section shall become operative on July 1, 2016.
  SEC. 14.  (a) Notwithstanding the Administrative Procedure Act
(Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code), the State Department of Social
Services shall implement this act through an all-county letter or
similar instructions from the director.
                            (b) The department shall adopt
regulations as necessary to implement this act no later than July 1,
2018.
  SEC. 15.  No appropriation pursuant to Section 15200 of the Welfare
and Institutions Code shall be made for purposes of implementing
this act.
  SEC. 16.   If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.