BILL NUMBER: SB 1373 INTRODUCED
BILL TEXT
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:
SECTION 1. Section 11323.2 of the Welfare and Institutions Code is
amended to read:
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 available
available, 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.
(2) (A) Transportation costs, which shall be
governed by regional market rates as determined in accordance with
regulations established by the department.
(B) A standard allowance for transportation costs shall be issued
in advance 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. If a county does not have a public transit
system, the participant shall receive one hundred dollars ($100) per
month. A participant is entitled to opt out of the standard allowance
at any time and make a reimbursement claim for the actual costs of
transportation, and may submit this claim to the county by mail, in
person, or via the county's Internet Web site.
(3) (A) Ancillary expenses, which shall
include the cost of books, tools, clothing specifically required for
the job, fees, and other necessary costs.
(B) A participant who has been assigned to an educational activity
in a postsecondary school shall receive a standard allowance of five
hundred dollars ($500) 15 days before the start of the semester to
ensure that the participant has the funds necessary to purchase books
and supplies required by the educational institution. The standard
allowance shall be adjusted annually for inflation according to the
California Consumer Price Index. A participant is entitled to opt out
of the standard allowance at any time and make a reimbursement claim
for the actual costs of books and supplies, and may submit this
claim to the county by mail, in person, or via the county's Internet
Web site.
(4) 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.
SEC. 2. Notwithstanding the rulemaking provisions of 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 department may implement this act through an all-county letter or
similar instruction from the director. The all-county letter or
similar instruction shall be issued no later than April 1, 2017.
SEC. 3. No appropriation pursuant to Section 15200 of the Welfare
and Institutions Code shall be made for purposes of implementing this
act.
SEC. 4. 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.