California Legislature—2015–16 Regular Session

Assembly Bill No. 2877

Introduced by Committee on Human Services

February 22, 2016

An act to amend Sections 11322.5, 19000, 19011, 19104, 19104.5, 19150, 19151, 19152, 19751, and 19802 of the Welfare and Institutions Code, relating to human services.

LEGISLATIVE COUNSEL’S DIGEST

AB 2877, as introduced, Committee on Human Services. CalWORKs: rehabilitation services.

Existing law establishes 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 using federal, state, and county funds. Existing law requires a recipient of CalWORKs to participate in welfare-to-work activities as a condition of eligibility, as specified. Existing law sets forth a statement of legislative intent relating to the CalWORKs program.

Existing federal income tax laws allow a refundable earned income tax credit for certain low-income individuals who have earned income and who meet certain other requirements. Existing state law, for taxable years beginning on or after January 1, 2015, in modified conformity with federal income tax laws, allows an earned income credit against personal income tax, and a payment in excess of that credit amount, to an eligible individual, as specified. Existing law requires counties, at each regular eligibility determination, to ask a CalWORKs recipient whether the recipient is eligible for and takes advantage of the federal earned income tax credit. If the recipient may be eligible and does not participate, existing law requires the county to give the recipient the federal earned income tax credit form and to encourage and assist the recipient to take advantage of it.

This bill would make technical and clarifying changes to the intent language relating to the CalWORKs program. The bill would also require counties to ask a CalWORKs recipient whether the recipient is eligible for and takes advantage of the state earned income tax credit that became available in 2015, to give the recipient the state earned income tax credit form, and to encourage and assist the recipient to take advantage of it. By requiring a higher level of service of county employees, the bill would impose a state-mandated local program.

Existing federal law, the Rehabilitation Act of 1973, provides federal funding to states that provide rehabilitation and vocational services to individuals with disabilities, as defined, including individuals with the most significant disabilities, as defined, in accordance with guidelines established pursuant to the act.

Existing state law establishes the Department of Rehabilitation in the California Health and Human Services Agency to provide vocational rehabilitation services to individuals with disabilities, and directs the department to cooperate with the federal government in carrying out the purposes of federal statutes pertaining to those individuals. Existing law provides specified services to individuals with the most severe disabilities. Existing law requires an individualized written rehabilitation program to be developed for each individual who has been determined to be eligible for these services.

This bill would make technical changes to those provisions that, among other things, would delete references to individuals with the most severe disabilities, and instead, refer to individuals with the most significant disabilities, consistent with the federal act. The bill would also delete references to an individualized written rehabilitation program, and would instead refer to an individualized plan for employment.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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

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

SECTION 1.  

Section 11322.5 of the Welfare and Institutions
Code is amended to read:

11322.5.  

(a) It is the intent of the Legislature to do each of the
following:

(1) Maximize the ability of CalWORKs recipients to benefit
from the federal begin insert or state end insert Earned Income Tax Credit (EITC),
including retroactive EITC credits and the Advance EITC, take
advantage of the earned-income disregard to increase their begin delete federal
Food Stamp Program end delete begin insert CalFresh end insert benefits, and accumulate credit
toward future social security income.

(2) Educate and empower all CalWORKs participants who
receive the federal begin insert or state end insert EITC to save or invest part or all of
their credits in instruments such as individual development
accounts, 401(k) plans, 403(b) plans, IRAs, 457 plans, Coverdell
ESA plans, begin insert an account established pursuant to the California
Secure Choice Retirement Savings Program (Title 21 (commencing
with Section 100000), of the Government Code), end insert restricted accounts
pursuant to subdivision (a) of Section 11155.2, or 529 plans, and
to take advantage of the federal Assets for Independence program
and other matching funds, tools, and training available from public
or private sources, in order to build their assets.

(b) It is the intent of the Legislature that counties encourage
CalWORKs recipients to participate in activities that will maximize
their receipt of the EITC. To this end, counties may do all of the
following:

(1) Structure welfare-to-work activities pursuant to subdivisions
(a) to (j), inclusive, of Section 11322.6 to give recipients the option
of maximizing the portion of their CalWORKs benefits that meets
the definition of “earned income” in Section 32(c)(2) of the Internal
Revenue Code.

(2) Inform CalWORKs recipients of each of the following:

(A) That earned income, either previous or future, may make
them eligible for the federal begin insert or state end insert EITC, including retroactive
EITC credits and the Advance EITC, increase their begin delete federal Food
Stamp Program end delete begin insert CalFresh end insert benefits, and accumulate credit toward
future social security income.

(B) That recipients, as part of their welfare-to-work plans, have
the option of engaging in subsidized employment and grant-based
on-the-job training, as specified in Section 11322.6, and that
participating in these activities will increase their earned income
to the extent that they meet the requirements of federal law.

(C) That receipt of the federal begin insert or state end insert EITC does not affect
their CalWORKs grant and is additional tax-free income for them.

(D) That a CalWORKs recipient who receives the federal begin insert or
state end insert EITC may invest these funds in an individual development
account, 401(k) plan, 403(b) plan, IRA, 457 plan, 529 college
savings plan, Coverdell ESA, begin insert an account established pursuant to
the California Secure Choice Retirement Savings Program, end insert or
restricted account, and that investments in these accounts will not
make the recipient ineligible for CalWORKs benefits or reduce
the recipient’s CalWORKs benefits.

(3) At each regular eligibility redetermination, the county shall
ask a recipient whether the recipient is eligible for and takes
advantage of the EITC. If the recipient may be eligible and does
not participate, the county shall give the recipient the federal begin insert or
state end insert EITC form and encourage and assist the recipient to take
advantage of it.

begin delete

(c) (1) No later than December 1, 2008, the State Department
of Social Services shall develop guidelines that counties may adopt
to carry out the intent of this section and shall present options to
the Governor and Legislature for any legislation necessary to
further carry out the intent of this section.

(2) In developing the guidelines and legislative options, the
department shall consult and convene at least one meeting of
subject-matter experts, including representatives from the
Assembly and Senate Committees on Human Services, Assets for
All Alliance, Asset Policy Initiative of California, California
Budget Project, California Catholic Conference, California Council
of Churches, California Family Resource Association, California
State Association of Counties, CFED, County Welfare Directors
Association of California, Federal Reserve Bank of San Francisco,
Legislative Analyst’s Office, Lifetime, National Council of
Churches, Insight Center for Community Economic Development,
New America Foundation, Public Policy Institute of California,
University of California at Los Angeles School of Law, United
States Internal Revenue Service, and Western Center on Law and
Poverty. Nothing in this section requires the department to
compensate or pay expenses for any person it consults or invites
to the meeting or meetings.

end delete

SEC. 2.  

Section 19000 of the Welfare and Institutions Code is
amended to read:

19000.  

(a) The Legislature finds and declares as follows:

(1) Work is a valuable and important activity, both for
individuals and society, and fulfills the need of an individual to
be productive, promotes independence, enhances self-esteem, and
allows for participation in the mainstream of life.

(2) Disability is a natural part of human experience and in no
way diminishes the capacity of individuals to live independently,
enjoy self-determination, make choices, contribute to society,
pursue meaningful careers, and enjoy inclusion and integration in
the economic, political, social, cultural, and educational mainstream
of society.

(3) As a group, individuals with disabilities experience
staggering levels of unemployment and poverty.

(4) Increased employment of, and independent living for,
individuals with disabilities can be achieved by providing
individualized training, independent living services, educational
and support services, and meaningful opportunities for employment
in integrated work settings with reasonable accommodations.

(5) Individuals with disabilities, including individuals with the
most begin delete severe end delete begin insert significant end insert disabilities, have demonstrated their ability
to achieve gainful employment in integrated settings if appropriate
services and supports are provided.

(6) The provision of vocational rehabilitation services can enable
individuals with disabilities, including individuals with the most
begin delete severe end delete begin insert significant end insert disabilities, to pursue meaningful careers by
securing gainful employment commensurate with their abilities
and capabilities.

(b) The purpose of this division is to assist the Department of
Rehabilitation in operating comprehensive, coordinated, effective,
efficient, and accountable programs of vocational rehabilitation
and independent living that are designed to assess, plan, develop,
and provide services for individuals with disabilities, particularly
individuals with the most begin delete severe end delete begin insert significant end insert disabilities, consistent
with their strengths, resources, priorities, concerns, abilities, and
capabilities, so that these individuals may prepare for and engage
in gainful employment and live more independently.

(c) The Department of Rehabilitation’s vocational rehabilitation
and independent living programs shall be consistent with the
national policy toward people with disabilities articulated in the
Americans with Disabilities Act of 1990 (Public Law 101-336)
and the Rehabilitation Act begin delete Amendments of 1998 (Public Law
105-220). end delete begin insert of 1973, as amended. end insert

(d) It shall be the goal of the Department of Rehabilitation to
provide individuals with disabilities with the tools necessary to do
all of the following:

(1) Make informed choices and decisions.

(2) Maximize employment, independence, and economic and
social self-sufficiency in the mainstream of society.

(3) Achieve equality of opportunity and inclusion and integration
into all aspects of society.

(e) The Department of Rehabilitation’s vocational rehabilitation
and independent living programs, projects, and activities shall be
carried out in a manner consistent with the following principles:

(1) Respect for individual dignity, personal responsibility,
self-determination, and pursuit of independent living and
meaningful careers, based on informed choice of individuals with
disabilities.

(2) Respect for the privacy, rights, and equal access of
individuals with disabilities, including, but not limited to, the use
of accessible formats.

(3) Individuals with disabilities, including individuals with the
most begin delete severe end delete begin insert significant end insert disabilities, shall be generally presumed
to be capable of engaging in gainful employment, and the provision
of individualized vocational rehabilitation services can improve
their ability to become gainfully employed.

(4) Promotion of independence, inclusion, integration, and full
participation of individuals with disabilities.

(5) Individuals with disabilities shall be provided the
opportunities to obtain competitive employment in integrated
settings.

(6) Individuals with disabilities shall be active participants in
their own rehabilitation programs, including, but not limited to,
making meaningful and informed choices about the selection of
their vocational goals and objectives and the vocational
rehabilitation services they receive.

(7) Support for the involvement of a parent, a family member,
a guardian, an advocate, or an authorized representative, if an
individual with a disability requests, desires, or needs that support.

(8) Individuals with disabilities and their advocates are full
partners in the vocational rehabilitation and independent living
programs and shall be involved on a regular basis and in a
meaningful manner with respect to policy development and
implementation.

(9) Qualified vocational rehabilitation counselors, and other
qualified personnel facilitate the accomplishment of the
employment and independent living goals and objectives of an
individual.

(10) Accountability measures must facilitate and not impede
the accomplishment of the goals and objectives of the department’s
programs, including providing vocational rehabilitation and
independent living services to, among others, individuals with the
most begin delete severe end delete begin insert significant end insert disabilities.

SEC. 3.  

Section 19011 of the Welfare and Institutions Code is
amended to read:

19011.  

The people of the state accept the provisions and
benefits of the begin delete act of Congress entitled “The Rehabilitation Act
Amendments of 1998 (Public Law 105-220) end delete begin insert federal Workforce
Innovation and Opportunity Act (Public Law 113-128) end insert and any
subsequent amendments thereto.

SEC. 4.  

Section 19104 of the Welfare and Institutions Code is
amended to read:

19104.  

(a) Subject to the limitation of Section 19102 and to
the extent federal funds are available, an individualized begin delete written
rehabilitation program end delete begin insert plan for employment end insert shall be developed
for each individual determined to be eligible under this chapter.

(b) The individualized begin delete written rehabilitation program end delete begin insert plan for
employment end insert shall do all of the following:

(1) Be designed to achieve the employment objective of the
individual, consistent with the unique strengths, resources,
priorities, concerns, abilities, and capabilities of the individual,
and, to the maximum extent appropriate, to include placement in
integrated settings.

(2) Be jointly developed and agreed upon by the eligible
individual, or when appropriate the individual’s parent, family
member, guardian, advocate, or authorized representative, and the
department. In developing the program, the department shall inform
the individual about and involve the individual in choosing among
alternative goals, objectives, available services, entities providing
the services, and the methods used to provide or procure the
services.

(3) Contain all of the information required by federal law and
regulations, including a statement of the specific vocational goods
and services, as defined in Section 19150, to be provided and the
terms and conditions under which available goods and services
will be provided, to the extent federal funds are available, to the
individual in the most integrated setting.

(4) To the extent possible, utilize the information specified in
Section 19100.

SEC. 5.  

Section 19104.5 of the Welfare and Institutions Code
is amended to read:

19104.5.  

(a) For the purpose of ensuring, consistent with
federal law, that eligible individuals are given meaningful,
informed, and increased choices in the rehabilitation process,
identification of all of the following shall occur for each eligible
individual with the full participation of that individual:

(1) Possible alternative employment goals and outcomes that
are consistent with the unique strengths, resources, priorities,
concerns, abilities, and capabilities of the individual.

(2) The service options that are available to achieve the
employment goals and outcomes selected by the individual.

(3) For each service selected by the individual, the entities
available to provide those services.

(b) Choices made by the eligible individual in accordance with
subdivision (a) shall be incorporated into the begin delete individual written
rehabilitation program. end delete begin insert individualized plan for employment. end insert

SEC. 6.  

Section 19150 of the Welfare and Institutions Code is
amended to read:

19150.  

(a) The term “vocational rehabilitation services” means
the following services and goods:

(1) An assessment for determining eligibility and vocational
rehabilitation needs by qualified personnel, including if appropriate,
an assessment by personnel skilled in rehabilitation technology or
an assessment for supported employment as an employment
outcome.

(2) Counseling, guidance, and work-related placement services
for persons with disabilities, including job search assistance,
placement assistance, job retention services, personal assistance
services, followup services, and specific postemployment services
necessary to assist those individuals in maintaining, regaining, or
advancing in their employment, both competitive and supported.

(3) Training services for persons with disabilities, which shall
include personal and vocational adjustment, books, and other
training materials.

(4) Auxiliary aide services, such as reader services for
individuals who are blind and interpreter services for individuals
who are deaf.

(5) Job coaching services that may include any of the following:

(A) On-the-job skill training.

(B) Observation or supervision at the worksite.

(C) Consultation or training, or both, of coworkers and
supervisors.

(D) Assistance in integrating into the work environment.

(E) Destination training.

(F) Assistance with public support agencies.

(G) Family and residential provider consultation.

(H) Any other on- or off-the-job support services needed to
reinforce and stabilize job placement.

(6) Recruitment and training services for persons with
disabilities to provide them with new employment opportunities
in the fields of rehabilitation, health, welfare, public safety, and
law enforcement, and other appropriate service employment.

(7) Physical and mental restoration services, including, but not
limited to, the following:

(A) Corrective surgery or therapeutic treatment necessary to
correct or substantially modify a physical or mental condition
which is stable or slowly progressive and constitutes an impediment
to employment, but is of such a nature that the correction or
modification may reasonably be expected to eliminate or
substantially reduce the impediment to employment within a
reasonable length of time.

(B) Necessary hospitalization in connection with surgery or
treatment.

(C) Prosthetic and orthotic devices.

(D) Eyeglasses and visual services as prescribed by a physician
skilled in the diseases of the eye or by an optometrist.

(8) Maintenance, not exceeding the additional costs incurred
while participating in rehabilitation.

(9) Occupational licenses, tools, equipment, and initial stocks
and supplies.

(10) Rehabilitation technology services, which shall include
rehabilitation engineering and assistive technology services and
devices.

(11) On-the-job or other related personal assistance services
provided to an individual with a disability who is receiving other
vocational rehabilitation services.

(12) Transition services to students, pursuant to cooperative
agreements established under Section 19013, that promote or
facilitate the accomplishment of long-term rehabilitation goals and
intermediate rehabilitation objectives.

(13) Referral and other services designed to assist individuals
with disabilities in securing needed services from other agencies
through agreements developed pursuant to Section 19013.

(14) The provision of other programs and services when
provided for the benefit of groups of individuals, including, but
not limited to, any of the following:

(A) In the case of any type of small business operated by
individuals with begin delete severe end delete begin insert significant end insert disabilities, the operation of
which can be improved by management services and supervision
provided by the department, the provision of those services and
supervision, alone or together with the acquisition by the
department of vending stands and other equipment and initial
stocks and supplies.

(B) The establishment, development, or improvement of
community rehabilitation programs that promise to contribute
substantially to the rehabilitation of a group of individuals but that
are not related directly to the rehabilitation plan of any one
individual with a disability, providing the program is used to
provide services that promote integration and competitive
employment, including supported employment.

(C) Technical assistance and support services to businesses that
are not subject to Subchapter 1 (commencing with Section 12111)
of Chapter 126 of Title 42 of the United States Code and that are
seeking to employ individuals with disabilities.

(15) Transportation in connection with the rendering of any
other vocational rehabilitation service.

(16) Any other goods and services necessary to render a person
with disabilities employable.

(17) Services to the families of persons with disabilities when
those services will contribute substantially to the rehabilitation of
those individuals.

(b) For the purposes of subdivision (a), full consideration of
eligibility for any comparable service or benefit shall be utilized
to the extent permitted by federal law.

SEC. 7.  

Section 19151 of the Welfare and Institutions Code is
amended to read:

19151.  

(a) The term “individual with a disability” means any
individual who:

(1) Has a physical or mental impairment which constitutes or
results in a substantial impediment to employment.

(2) Can benefit in terms of an employment outcome from
vocational rehabilitation services provided pursuant to this chapter.

(b) The term begin delete “Individual end delete begin insert “individual end insert with a begin delete severe end delete begin insert significant end insert
disability” shall have the same meaning as specified in the federal
Rehabilitation Act begin insert of 1973, as amended, end insert and includes, but is not
limited to, any individual who has a disability or is blind as
determined pursuant to Subchapter 2 (commencing with Section
401) and Subchapter begin delete 16 end delete begin insert XVI end insert (commencing with Section 1381) of
Chapter 7 of Title 42 of the United States Code.

SEC. 8.  

Section 19152 of the Welfare and Institutions Code is
amended to read:

19152.  

(a) “Community rehabilitation program” means a
program which is operated for the primary purpose of providing
directly or facilitating the provision of vocational rehabilitation
services to persons with disabilities and which provides singly or
in combination one or more of the following services to enable
persons with disabilities to maximize opportunities for
employment, including career advancement:

(1) Comprehensive rehabilitation services which shall include,
under one management, medical, psychological, social, and
vocational services.

(2) Testing, fitting, or training in the use of prosthetic and
orthotic devices.

(3) Recreational therapy.

(4) Physical and occupational therapy.

(5) Speech, language, and hearing therapy.

(6) Psychiatric, psychological, and social services.

(7) Personal and work adjustment.

(8) Vocational training (in combination with other rehabilitation
services).

(9) Evaluation or control of special disabilities.

(10) Assessment for determining eligibility and vocational needs,
including evaluation for supported employment, development, and
placement in jobs.

(11)  Development of, and placement in, jobs.

(12)  Job coaching services to enable a person with disabilities
to obtain or maintain supported or competitive employment.

(13)  Extended employment for persons with begin delete severe end delete begin insert significant end insert
disabilities who cannot be readily absorbed into the competitive
labor market.

(14)  Personal assistance services.

(15)  To the extent provided under federal law, services similar
to the services described in paragraphs (1) to (13), inclusive.

(b) All medical and related health services shall be prescribed
by, or under the formal supervision of, persons licensed to practice
medicine or surgery in the state.

SEC. 9.  

Section 19751 of the Welfare and Institutions Code is
amended to read:

19751.  

The department shall administer the Independent Living
Services Program. This program shall provide services to
individuals with begin delete severe end delete begin insert significant end insert disabilities, in accordance with
federal law. The department shall, in the administration of the
program, subgrant its allocation of federal funds, and shall comply
with all requirements set forth in the federal Rehabilitation Act of
begin delete 1973 and any subsequent amendments thereto, end delete begin insert 1973, as amended, end insert
and with all rules and regulations adopted thereunder.

SEC. 10.  

Section 19802 of the Welfare and Institutions Code
is amended to read:

19802.  

For the purposes of this chapter, an “individual with a
disability” is as defined pursuant to the begin delete Federal Vocational end delete begin insert federal end insert
Rehabilitation Act of 1973 (Section begin delete 706 end delete begin insert 705 end insert of Title 29 of the
United States Code), as begin delete amended in 1992. end delete begin insert amended. end insert

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.