California Legislature—2015–16 Regular Session

Assembly Bill No. 1742

Introduced by Assembly Member Mark Stone

February 1, 2016

An act to amend Sections 11265.2, 11265.45, 11320.15, 11320.3, 11322.85, 11322.86, 11451.5, 11454, 11454.2, and 17021 of the Welfare and Institutions Code, relating to CalWORKs.

LEGISLATIVE COUNSEL’S DIGEST

AB 1742, as introduced, Mark Stone. CalWORKs: eligibility.

Existing federal law provides for the allocation of federal funds through the federal Temporary Assistance for Needy Families (TANF) block grant program to eligible states. Existing law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program under which, through a combination of state and county funds and federal funds received through the TANF program, each county provides cash assistance and other benefits to qualified low-income families. Existing law provides that a parent or caretaker relative shall not be eligible for CalWORKs aid when he or she has received aid for a cumulative total of 48 months. Under existing law, certain amounts are exempt from the calculation of income of the family for purposes of determining the amount of a grant under the CalWORKs program, including specified amounts of disability-based unearned income and earned income.

This bill would instead provide that a parent or caretaker relative shall not be eligible for CalWORKs aid when he or she has received aid for a cumulative total of 60 months. This bill would increase the amount of exempted disability-based unearned income and other earned income, as specified. The bill would also make other, conforming changes. By increasing county administrative duties relating to the CalWORKs program, the bill would impose a state-mandated local program.

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.

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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

SECTION 1.  

Section 11265.2 of the Welfare and Institutions
Code is amended to read:

11265.2.  

(a) The grant amount a recipient shall be entitled to
receive for each month of the semiannual reporting period shall
be prospectively determined as provided by this section. If a
recipient reports that he or she does not anticipate any changes in
income during the upcoming semiannual period, compared to the
income the recipient reported actually receiving on the semiannual
report form or the annual certificate of eligibility required pursuant
to Section 11265, the grant shall be calculated using the actual
income received. If a recipient reports that he or she anticipates a
change in income in one or more months of the upcoming
semiannual period, the county shall determine whether the
recipient’s income is reasonably anticipated. The grant shall be
calculated using the income that the county determines is
reasonably anticipated for the upcoming semiannual period.

(b) For the purposes of the semiannual reporting, prospective
budgeting system, income shall be considered to be “reasonably
anticipated” if the county is reasonably certain of the amount of
income and that the income will be received during the semiannual
reporting period. The county shall determine what income is
“reasonably anticipated” based on information provided by the
recipient and any other available information.

(c) If a recipient reports that his or her income in the upcoming
semiannual period will be different each month and the county
needs additional information to determine a recipient’s reasonably
anticipated income for the following semiannual period, the county
may require the recipient to provide information about income for
each month of the prior semiannual period.

(d) Grant calculations pursuant to subdivision (a) may not be
revised to adjust the grant amount during the semiannual reporting
period, except as provided in Section 11265.3 and subdivisions
(e), (f), (g), and (h), and as otherwise established by the department.

(e) Notwithstanding subdivision (d), statutes and regulations
relating to (1) the begin delete 48-month end delete begin insert 60-month end insert time limit, (2) age limitations
for children under Section 11253, and (3) sanctions and financial
penalties affecting eligibility or grant amount shall be applicable
as provided in those statutes and regulations. Eligibility and grant
amount shall be adjusted during the semiannual reporting period
pursuant to those statutes and regulations effective with the first
monthly grant after timely and adequate notice is provided.

(f) Notwithstanding Section 11056, if an applicant applies for
assistance for a child who is currently aided in another assistance
unit, and the county determines that the applicant has care and
control of the child, as specified by the department, and is
otherwise eligible, the county shall discontinue aid to the child in
the existing assistance unit and shall aid the child in the applicant’s
assistance unit effective as of the first of the month following the
discontinuance of the child from the existing assistance unit.

(g) If the county is notified that a child for whom CalWORKs
assistance is currently being paid has been placed in a foster care
home, the county shall discontinue aid to the child at the end of
the month of placement. The county shall discontinue the case if
the remaining assistance unit members are not otherwise eligible.

(h) If the county determines that a recipient is no longer a
California resident, pursuant to Section 11100, the recipient shall
be discontinued with timely and adequate notice. The county shall
discontinue the case if the remaining assistance unit members are
not otherwise eligible.

(i) (1) This section shall become operative on April 1, 2013. A
county shall implement the semiannual reporting requirements in
accordance with the act that added this section no later than October
1, 2013.

(2) Upon implementation described in paragraph (1), each
county shall provide a certificate to the director certifying that
semiannual reporting has been implemented in the county.

(3) Upon filing the certificate described in paragraph (2), a
county shall comply with the semiannual reporting provisions of
this section.

SEC. 2.  

Section 11265.45 of the Welfare and Institutions Code
is amended to read:

11265.45.  

(a) Notwithstanding Sections 11265.1, 11265.2,
and 11265.3, a CalWORKs assistance unit that does not include
an eligible adult shall not be subject to periodic reporting
requirements other than the annual redetermination required in
Section 11265. This subdivision shall not apply to a CalWORKs
assistance unit in which the only eligible adult is under sanction
in accordance with Section 11327.5.

(b) For an assistance unit described in subdivision (a), grant
calculations may not be revised to adjust the grant amount during
the year except as provided in subdivisions (c), (d), (e), and (f),
Section 11265.47 and as otherwise established by the department
by regulation.

(c) Notwithstanding subdivision (b), statutes and regulations
relating to the begin delete 48-month end delete begin insert 60-month end insert time limit, age limitations for
children under Section 11253, and sanctions and financial penalties
affecting eligibility or grant amount shall be applicable as provided
in those statutes and regulations.

(d) If the county is notified that a child for whom assistance is
currently being paid has been placed in a foster care home, the
county shall discontinue aid to the child at the end of the month
of placement. The county shall discontinue the case if the
remaining assistance unit members are not otherwise eligible.

(e) If the county determines that a recipient is no longer a
California resident, pursuant to Section 11100, the recipient shall
be discontinued with timely and adequate notice. The county shall
discontinue the case if the remaining assistance unit members are
not otherwise eligible.

(f) If an overpayment has occurred, the county shall commence
any applicable grant adjustment in accordance with Section 11004
as of the first monthly grant after timely and adequate notice is
provided.

(g) This section shall become operative on the first day of the
first month following 90 days after the effective date of the act
that added this section, or October 1, 2012, whichever is later.

SEC. 3.  

Section 11320.15 of the Welfare and Institutions Code
is amended to read:

11320.15.  

After a participant has been removed from the
assistance unit under subdivision (a) of Section 11454, additional
welfare-to-work services may be provided to the recipient, at the
option of the county. If the county provides services to the recipient
after the begin delete 48-month end delete begin insert 60-month end insert limit has been reached, the recipient
shall participate in community service or subsidized employment,
as described in Section 11322.63.

SEC. 4.  

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 begin delete 48-month end delete begin insert 60-month end insert 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.

SEC. 5.  

Section 11322.85 of the Welfare and Institutions Code
is amended to read:

11322.85.  

(a) Unless otherwise exempt, an applicant or
recipient shall participate in welfare-to-work activities.

(1) For 24 cumulative months during a recipient’s lifetime, these
activities may include the activities listed in Section 11322.6 that
are consistent with the assessment performed in accordance with
Section 11325.4 and that are included in the individual’s
welfare-to-work plan, as described in Section 11325.21, to meet
the hours required in Section 11322.8. These 24 months need not
be consecutive.

(2) Any month in which the recipient meets the requirements
of Section 11322.8, through participation in an activity or activities
described in paragraph (3), shall not count as a month of activities
for purposes of the 24-month time limit described in paragraph
(1).

(3) After a total of 24 months of participation in welfare-to-work
activities pursuant to paragraph (1), an aided adult shall participate
in one or more of the following welfare-to-work activities, in
accordance with Section 607(c) and (d) of Title 42 of the United
States Code as of the operative date of this section, that are
consistent with the assessment performed in accordance with
Section 11325.4, and included in the individual’s welfare-to-work
plan, described in Section 11325.21:

(A) Unsubsidized employment.

(B) Subsidized private sector employment.

(C) Subsidized public sector employment.

(D) Work experience, including work associated with the
refurbishing of publicly assisted housing, if sufficient private sector
employment is not available.

(E) On-the-job training.

(F) Job search and job readiness assistance.

(G) Community service programs.

(H) Vocational educational training (not to exceed 12 months
with respect to any individual).

(I) Job skills training directly related to employment.

(J) Education directly related to employment, in the case of a
recipient who has not received a high school diploma or a
certificate of high school equivalency.

(K) Satisfactory attendance at a secondary school or in a course
of study leading to a certificate of general equivalence, in the case
of a recipient who has not completed secondary school or received
such a certificate.

(L) The provision of child care services to an individual who is
participating in a community service program.

(b) Any month in which any of the following conditions exists
shall not be counted as one of the 24 months of participation
allowed under paragraph (1) of subdivision (a):

(1) The recipient is participating in job search in accordance
with Section 11325.22, assessment pursuant to Section 11325.4,
is in the process of appraisal as described in Section 11325.2, or
is participating in the development of a welfare-to-work plan as
described in Section 11325.21.

(2) The recipient is no longer receiving aid, pursuant to Sections
11327.4 and 11327.5.

(3) The recipient has been excused from participation for good
cause, pursuant to Section 11320.3.

(4) The recipient is exempt from participation pursuant to
subdivision (b) of Section 11320.3.

(5) The recipient is only required to participate in accordance
with subdivision (d) of Section 11320.3.

(6) The recipient is participating in family stabilization pursuant
to Section 11325.24, and the recipient would meet the criteria for
good cause pursuant to Section 11320.3. This paragraph may apply
to a recipient for no more than six cumulative months.

(c) County welfare departments shall provide each recipient
who is subject to the requirements of paragraph (3) of subdivision
(a) written notice describing the 24-month time limitation described
in that paragraph and the process by which recipients may claim
exemptions from, and extensions to, those requirements.

(d) The notice described in subdivision (c) shall be provided at
the time the individual applies for aid, during the recipient’s annual
redetermination, and at least once after the individual has
participated for a total of 18 months, and prior to the end of the
21st month, that count toward the 24-month time limit.

(e) The notice described in this section shall include, but shall
not be limited to, all of the following:

(1) The number of remaining months the adult recipient may
be eligible to receive aid.

(2) The requirements that the recipient must meet in accordance
with paragraph (3) of subdivision (a) and the action that the county
will take if the adult recipient does not meet those requirements.

(3) The manner in which the recipient may dispute the number
of months counted toward the 24-month time limit.

(4) The opportunity for the recipient to modify his or her
welfare-to-work plan to meet the requirements of paragraph (3)
of subdivision (a).

(5) The opportunity for an exemption to, or extension of, the
24-month time limitation.

(f) For an individual subject to the requirements of paragraph
(3) of subdivision (a), who is not exempt or granted an extension,
and who does not meet those requirements, the provisions of
Sections 11327.4, 11327.5, 11327.9, and 11328.2 shall apply to
the extent consistent with the requirements of this section. For
purposes of this section, the procedures referenced in this
subdivision shall not be described as sanctions.

(g) (1) The department, in consultation with stakeholders, shall
convene a workgroup to determine further details of the noticing
and engagement requirements for the 24-month time limit, and
shall instruct counties via an all-county letter, followed by
regulations, no later than 18 months after the effective date of the
act that added this section.

(2) The workgroup described in paragraph (1) may also make
recommendations to refine or differentiate the procedures and due
process requirements applicable to individuals as described in
subdivision (f).

(h) (1) Notwithstanding paragraph (3) of subdivision (a) or any
other law, an assistance unit that contains an eligible adult 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.)) prior to January
1, 2013, may continue in a welfare-to-work plan that meets the
requirements of Section 11322.6 for a cumulative period of 24
months commencing January 1, 2013, unless or until he or she
exceeds the begin delete 48-month end delete begin insert 60-month end insert time limitation described in
Section 11454.

(2) All months of assistance described in paragraph (1) prior to
January 1, 2013, shall not be applied to the 24-month limitation
described in paragraph (1) of subdivision (a).

(i) This section shall become operative on January 1, 2014.

SEC. 6.  

Section 11322.86 of the Welfare and Institutions Code
is amended to read:

11322.86.  

(a) (1) Each county may provide an extension of
time during which a recipient may participate in activities described
in paragraph (1) of subdivision (a) of Section 11322.85 for
recipients who are unlikely to meet the requirements of paragraph
(3) of subdivision (a) of Section 11322.85 upon the expiration of
the 24-month time limitation described in Section 11322.85.

(2) A county may grant extensions pursuant to paragraph (1)
for a number of assistance units equal to no more than 20 percent
of the assistance units in the county in which all adult members
have been provided aid under this chapter for at least 24 months,
in accordance with paragraph (1) of subdivision (a) of Section
11322.85, but not more than begin delete 48 months, end delete begin insert 60 months, end insert in accordance
with Section 11454.

(b) Counties are required to report information regarding the
number and percentage of these extensions they have granted to
the state.

(c) After consultation with stakeholders, the department shall
issue an all-county letter by November 1, 2013, to define the
process for implementing the extensions described in this section
and the methodology for calculating the 20 percent limitation in
paragraph (2) of subdivision (a).

(d) It is the intent of the Legislature that the state shall work
with counties and other stakeholders to ensure that the extension
process pursuant to subdivision (a) is implemented with minimal
disruption to the impending completion of the welfare-to-work
plans for recipients.

(e) This section shall become operative on January 1, 2013.

SEC. 7.  

Section 11451.5 of the Welfare and Institutions Code
is amended to read:

11451.5.  

(a) The following income shall be exempt from the
calculation of the income of the family for purposes of subdivision
(a) of Section 11450:

(1) If disability-based unearned income does not exceed begin delete two
hundred twenty-five dollars ($225), end delete begin insert four hundred fifty dollars
($450), end insert both of the following amounts:

(A) All disability-based unearned income, plus any amount of
not otherwise exempt earned income equal to the amount of the
difference between the amount of disability-based unearned income
and begin delete two hundred twenty-five dollars ($225). end delete begin insert four hundred fifty
dollars ($450). end insert

(B)  begin delete Fifty end delete begin insert Seventy end insert percent of all not otherwise exempt earned
income in excess of the amount applied to meet the differential
applied in subparagraph (A).

(2) If disability-based unearned income exceeds begin delete two hundred
twenty-five dollars ($225), end delete begin insert four hundred fifty dollars ($450) end insert both
of the following amounts:

(A) All of the first begin delete two hundred twenty-five dollars ($225) end delete begin insert four
hundred fifty dollars ($450) end insert in disability-based unearned begin delete income. end delete
begin insert income. end insert

(B)  begin delete Fifty end delete begin insert Seventy end insert percent of all earned income.

(b) For purposes of this section:

(1) Earned income means gross income received as wages,
salary, employer-provided sick leave benefits, commissions, or
profits from activities such as a business enterprise or farming in
which the recipient is engaged as a self-employed individual or as
an employee.

(2) Disability-based unearned income means state disability
insurance benefits, private disability insurance benefits, temporary
workers’ compensation benefits, social security disability benefits,
and any veteran’s disability compensation.

(3) Unearned income means any income not described in
paragraph (1) or (2).

(c) This section shall become operative on October 1, 2013.

SEC. 8.  

Section 11454 of the Welfare and Institutions Code is
amended to read:

11454.  

(a) A parent or caretaker relative shall not be eligible
for aid under this chapter when he or she has received aid under
this chapter or from any state under 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.)) for a cumulative total of begin delete 48 months. end delete begin insert 60 months. end insert

(b) (1) Except as otherwise specified in subdivision (c), Section
11454.5, or other provisions of law, all months of aid received
under this chapter from January 1, 1998, to the operative date of
this section, inclusive, shall be applied to the begin delete 48-month end delete begin insert 60-month end insert
time limit described in subdivision (a).

(2) All months of aid received from January 1, 1998, to the
operative date of this section, inclusive, in 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.)), shall be applied to the
begin delete 48-month end delete begin insert 60-month end insert time limit described in subdivision (a).

(c) Subdivision (a) and paragraph (1) of subdivision (b) shall
not be applicable when all parents or caretaker relatives of the
aided child who are living in the home of the child meet any of
the following requirements:

(1) They are 60 years of age or older.

(2) They meet one of the conditions specified in paragraph (4)
or (5) of subdivision (b) of Section 11320.3.

(3) They are not included in the assistance unit.

(4) They are receiving benefits under Section 12200 or Section
12300, State Disability Insurance benefits or Workers’
Compensation Temporary Disability Insurance, if the disability
significantly impairs the recipient’s ability to be regularly employed
or participate in welfare-to-work activities.

(5) They are incapable of maintaining employment or
participating in welfare-to-work activities, as determined by the
county, based on the assessment of the individual and the individual
has a history of participation and full cooperation in
welfare-to-work activities.

SEC. 9.  

Section 11454.2 of the Welfare and Institutions Code
is amended to read:

11454.2.  

For purposes of making the transition to the
requirements of the act that added this section, county welfare
departments shall provide any assistance unit that includes a
member who will reach the begin delete 48-month end delete begin insert 60-month end insert time limit
described in subdivision (a) of Section 11454 before January 1,
2012, a notice of action 30 days prior to the date upon which the
grant of the assistance unit will be reduced. This notice shall
include a statement of the rights granted pursuant to Chapter 7
(commencing with Section 10950) of Part 2.

SEC. 10.  

Section 17021 of the Welfare and Institutions Code
is amended to read:

17021.  

(a) Any individual who is not eligible for aid under
Chapter 2 (commencing with Section 11200) of Part 3 as a result
of the begin delete 48-month end delete begin insert 60-month end insert limitation specified in subdivision (a)
of Section 11454 shall not be eligible for aid or assistance under
this part until all of the children of the individual on whose behalf
aid was received, whether or not currently living in the home with
the individual, are 18 years of age or older.

(b) Any individual who is receiving aid under Chapter 2
(commencing with Section 11200) of Part 3 on behalf of an eligible
child, but who is either ineligible for aid or whose needs are not
otherwise taken into account in determining the amount of aid to
the family pursuant to Section 11450 due to the imposition of a
sanction or penalty, shall not be eligible for aid or assistance under
this part.

(c) This section shall not apply to health care benefits provided
under this part.

SEC. 11.  

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.

SEC. 12.  

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