Senate BillNo. 1373


Introduced by Senator Stone

February 19, 2016


An act to amend Section 11323.2 of the Welfare and Institutions Code, relating to CalWORKs.

LEGISLATIVE COUNSEL’S DIGEST

SB 1373, as introduced, Stone. CalWORKs: welfare-to-work: supportive services.

(1) 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 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 transportation costs and ancillary expenses, which include the cost of books, as provided in the welfare-to-work plan entered into between the county and the participant.

This bill would require that a standard allowance for transportation costs be advanced to a participant at the beginning of each month in an amount that is equal to the cost of a monthly pass for the county public transit system, or if a county does not have a public transit system, in the amount of $100 per month. The bill would also require that a participant who has been assigned to an educational activity in a postsecondary school receive a standard allowance of $500 for books and supplies, adjusted annually as specified, at least 15 days before the start of the semester. The bill would authorize the participant to opt out of these standard allowances at any time and make a reimbursement claim for actual costs, and to submit this claim to the county by mail, in person, or via the county’s Internet Web site. By increasing the duties of counties administering these services, this bill would impose a state-mandated local program.

(2) 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.

(3) 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:

P2    1

SECTION 1.  

Section 11323.2 of the Welfare and Institutions
2Code
is amended to read:

3

11323.2.  

(a) Necessary supportive services shall be available
4to every participant in order to participate in the program activity
5to which he or she is assigned or to accept employment or the
6participant shall have good cause for not participating under
7subdivision (f) of Section 11320.3. As provided in the
8welfare-to-work plan entered into between the county and
9participant pursuant to this article, supportive services shall include
10all of the following:

11(1) Child care.

12(A) Paid child care shall be available to every participant with
13a dependent child in the assistance unit who needs paid child care
14if the child is 10 years of age or under, or requires child care or
15supervision due to a physical, mental, or developmental disability
16or other similar condition as verified by the county welfare
17department, or who is under court supervision.

18(B) To the extent funds arebegin delete availableend deletebegin insert available,end insert paid child care
19shall be available to a participant with a dependent child in the
P3    1assistance unit who needs paid child care if the child is 11 or 12
2years of age.

3(C) Necessary child care services shall be available to every
4former recipient for up to two years, pursuant to Article 15.5
5(commencing with Section 8350) of Chapter 2 of Part 6 of Division
61 of Title 1 of the Education Code.

7(D) A child in foster care receiving benefits under Title IV-E
8 of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.) or
9a child who would become a dependent child except for the receipt
10of federal Supplemental Security Income benefits pursuant to Title
11XVI of the federal Social Security Act (42 U.S.C. Sec. 1381 et
12seq.) shall be deemed to be a dependent child for the purposes of
13this paragraph.

14(E) The provision of care and payment rates under this paragraph
15shall be governed by Article 15.5 (commencing with Section 8350)
16of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education
17Code. Parent fees shall be governed by subdivisions (g) and (h)
18of Section 8263 of the Education Code.

19(2) begin insert(A)end insertbegin insertend insert Transportation costs, which shall be governed by
20regional market rates as determined in accordance with regulations
21established by the department.

begin insert

22(B) A standard allowance for transportation costs shall be issued
23in advance to a participant at the beginning of each month in an
24amount that is equal to the cost of a monthly pass for the county
25public transit system. If a county does not have a public transit
26system, the participant shall receive one hundred dollars ($100)
27per month. A participant is entitled to opt out of the standard
28allowance at any time and make a reimbursement claim for the
29actual costs of transportation, and may submit this claim to the
30county by mail, in person, or via the county’s Internet Web site.

end insert

31(3) begin insert(A)end insertbegin insertend insert Ancillary expenses, which shall include the cost of
32books, tools, clothing specifically required for the job, fees, and
33other necessary costs.

begin insert

34(B) A participant who has been assigned to an educational
35activity in a postsecondary school shall receive a standard
36allowance of five hundred dollars ($500) 15 days before the start
37of the semester to ensure that the participant has the funds
38necessary to purchase books and supplies required by the
39educational institution. The standard allowance shall be adjusted
40annually for inflation according to the California Consumer Price
P4    1Index. A participant is entitled to opt out of the standard allowance
2at any time and make a reimbursement claim for the actual costs
3of books and supplies, and may submit this claim to the county by
4mail, in person, or via the county’s Internet Web site.

end insert

5(4) Personal counseling. A participant who has personal or
6family problems that would affect the outcome of the
7welfare-to-work plan entered into pursuant to this article shall, to
8the extent available, receive necessary counseling or therapy to
9help him or her and his or her family adjust to his or her job or
10training assignment.

11(b) If provided in a county plan, the county may continue to
12provide case management and supportive services under this
13section to former participants who become employed. The county
14may provide these services for up to the first 12 months of
15employment to the extent they are not available from other sources
16and are needed for the individual to retain the employment.

17

SEC. 2.  

Notwithstanding the rulemaking provisions of the
18Administrative Procedure Act (Chapter 3.5 (commencing with
19Section 11340) of Part 1 of Division 3 of Title 2 of the Government
20Code), the department may implement this act through an
21all-county letter or similar instruction from the director. The
22all-county letter or similar instruction shall be issued no later than
23April 1, 2017.

24

SEC. 3.  

No appropriation pursuant to Section 15200 of the
25Welfare and Institutions Code shall be made for purposes of
26implementing this act.

27

SEC. 4.  

If the Commission on State Mandates determines that
28this act contains costs mandated by the state, reimbursement to
29local agencies and school districts for those costs shall be made
30pursuant to Part 7 (commencing with Section 17500) of Division
314 of Title 2 of the Government Code.



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