Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 492

Introduced by Assembly Member Gonzalez

February 23, 2015

An act to amend Section begin delete 11250 end delete begin insert 11323.2 end insert of the Welfare and Institutions Code, relating to CalWORKs.

LEGISLATIVE COUNSEL’S DIGEST

AB 492, as amended, Gonzalez. CalWORKs: begin delete eligibility. end delete begin insert welfare-to-work: supportive services. end insert

Existing law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified low-income families and individuals. begin delete Existing law requires that aid, services, or both, be granted, subject to certain requirements, to families with related children under 18 years of age, except as provided, in need of aid or services because they have been deprived of parental support or care due to specified circumstances, including the unemployment of a parent or parents. end delete begin insert Existing law generally requires a recipient of CalWORKs benefits to participate in welfare-to-work activities as a condition of eligibility for aid. Existing law requires that necessary supportive services be available to participants in welfare-to-work activities, including child care. end insert

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This bill would make technical, nonsubstantive changes to those provisions.

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This bill would provide that necessary supportive services also include vouchers in the amount of $50 per month for diaper products for every child two years of age or younger enrolled in child care pursuant to the above-mentioned provisions. By increasing the duties of counties administering these services, the bill would impose a state-mandated local program.

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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.

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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.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

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

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begin insert SECTION 1. end insert   

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begin insert Section 11323.2 of the end insert begin insert Welfare and Institutions
Code end insert begin insert is amended to read: end insert

11323.2.  

(a) Necessary supportive services shall be available
to every participant in order to participate in the program activity
to which he or she is assigned or to accept employment or the
participant shall have good cause for not participating under
subdivision (f) of Section 11320.3. As provided in the
welfare-to-work plan entered into between the county and
participant pursuant to this article, supportive services shall include
all of the following:

(1) Child care.

(A) Paid child care shall be available to every participant with
a dependent child in the assistance unit who needs paid child care
if the child is 10 years of age or under, or requires child care or
supervision due to a physical, mental, or developmental disability
or other similar condition as verified by the county welfare
department, or who is under court supervision.

(B) To the extent funds are begin delete available end delete begin insert available, end insert paid child care
shall be available to a participant with a dependent child in the
assistance unit who needs paid child care if the child is 11 or 12
years of age.

(C) Necessary child care services shall be available to every
former recipient for up to two years, pursuant to Article 15.5
(commencing with Section 8350) of Chapter 2 of Part 6 of Division
1 of Title 1 of the Education Code.

(D) A child in foster care receiving benefits under Title IV-E
of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.) or
a child who would become a dependent child except for the receipt
of federal Supplemental Security Income benefits pursuant to Title
XVI of the federal Social Security Act (42 U.S.C. Sec. 1381 et
seq.) shall be deemed to be a dependent child for the purposes of
this paragraph.

(E) The provision of care and payment rates under this paragraph
shall be governed by Article 15.5 (commencing with Section 8350)
of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education
Code. Parent fees shall be governed by subdivisions (g) and (h)
of Section 8263 of the Education Code.

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(2) Vouchers in the amount of fifty dollars ($50) per month for
diaper products for every child two years of age or younger
enrolled in child care pursuant to paragraph (1).

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(2)

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begin insert (3) end insert  Transportation costs, which shall be governed by regional
market rates as determined in accordance with regulations
established by the department.

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(3)

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begin insert (4) end insert  Ancillary expenses, which shall include the cost of books,
tools, clothing specifically required for the job, fees, and other
necessary costs.

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(4)

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begin insert (5) end insert  Personal counseling. A participant who has personal or
family problems that would affect the outcome of the
welfare-to-work plan entered into pursuant to this article shall, to
the extent available, receive necessary counseling or therapy to
help him or her and his or her family adjust to his or her job or
training assignment.

(b) If provided in a county plan, the county may continue to
provide case management and supportive services under this
section to former participants who become employed. The county
may provide these services for up to the first 12 months of
employment to the extent they are not available from other sources
and are needed for the individual to retain the employment.

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begin insert SEC. 2. end insert   

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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.

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SECTION 1.  

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

11250.  

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

(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.

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