Amended in Senate March 31, 2016

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 amended, 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 monthbegin delete 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,end delete 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 schoolbegin insert full time, as defined by the school,end insert receive a standard allowance of $500 for books and supplies,begin insert or $250 if the participant has been assigned to an educational activity part time, as defined by the school,end insert adjusted annually asbegin delete specified,end deletebegin insert specified. The bill would require the educational allowance to be paidend insert 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,begin delete orend deletebegin insert or, if the county already has the technological capacity to do so,end insert 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
P3    1supervision due to a physical, mental, or developmental disability
2or other similar condition as verified by the county welfare
3department, or who is under court supervision.

4(B) To the extent funds are available, paid child care shall be
5available to a participant with a dependent child in the assistance
6unit who needs paid child care if the child is 11 or 12 years of age.

7(C) Necessary child care services shall be available to every
8former recipient for up to two years, pursuant to Article 15.5
9(commencing with Section 8350) of Chapter 2 of Part 6 of Division
101 of Title 1 of the Education Code.

11(D) A child in foster care receiving benefits under Title IV-E
12 of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.) or
13a child who would become a dependent child except for the receipt
14of federal Supplemental Security Income benefits pursuant to Title
15XVI of the federal Social Security Act (42 U.S.C. Sec. 1381 et
16seq.) shall be deemed to be a dependent child for the purposes of
17this paragraph.

18(E) The provision of care and payment rates under this paragraph
19shall be governed by Article 15.5 (commencing with Section 8350)
20of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education
21Code. Parent fees shall be governed by subdivisions (g) and (h)
22of Section 8263 of the Education Code.

23(2) (A) Transportation costs, which shall be governed by
24regional market rates as determined in accordance with regulations
25established by the department.

26(B) A standard allowance for transportation costs shall be issued
27in advance to a participant at the beginning of each month inbegin delete anend delete
28begin insert theend insert amountbegin delete that is equal to the cost of a monthly pass for the county
29public transit system. If a county does not have a public transit
30system, the participant shall receiveend delete
begin insert ofend insert one hundred dollars ($100)
31per month. A participant is entitled to opt out of the standard
32allowance at any time and make a reimbursement claim for the
33actual costs of transportation, and may submit this claim to the
34county by mail, in person,begin delete orend deletebegin insert or, if the county already has the
35technological capacity to do so,end insert
via the county’s Internet Web site.

36(3) (A) Ancillary expenses, which shall include the cost of
37books, tools, clothing specifically required for the job, fees, and
38other necessary costs.

39(B) A participant who has been assigned to an educational
40activitybegin delete in aend deletebegin insert full time, as defined by theend insert postsecondarybegin delete schoolend delete
P4    1begin insert school,end insert shall receive a standard allowance of five hundred dollars
2begin delete ($500)end deletebegin insert ($500). If the participant has been assigned to an
3educational activity part time, as defined by the postsecondary
4school, he or she shall receive a standard allowance of two
5hundred fifty dollars ($250). An allowance paid pursuant to this
6subparagraph shall be paid no later thanend insert
15 days before the start
7of the semester to ensure that the participant has the funds
8necessary to purchase books and supplies required by the
9educational institution. The standard allowance shall be adjusted
10annually for inflation according to the California Consumer Price
11Index. A participant is entitled to opt out of the standard allowance
12at any time and make a reimbursement claim for the actual costs
13of books and supplies, and may submit this claim to the county by
14mail, in person,begin delete orend deletebegin insert or, if the county already has the technological
15capacity to do so,end insert
via the county’s Internet Web site.

16(4) Personal counseling. A participant who has personal or
17family problems that would affect the outcome of the
18welfare-to-work plan entered into pursuant to this article shall, to
19the extent available, receive necessary counseling or therapy to
20help him or her and his or her family adjust to his or her job or
21training assignment.

22(b) If provided in a county plan, the county may continue to
23provide case management and supportive services under this
24section to former participants who become employed. The county
25may provide these services for up to the first 12 months of
26employment to the extent they are not available from other sources
27and are needed for the individual to retain the employment.

28

SEC. 2.  

Notwithstanding the rulemaking provisions of the
29Administrative Procedure Act (Chapter 3.5 (commencing with
30Section 11340) of Part 1 of Division 3 of Title 2 of the Government
31Code), the department may implement this act through an
32all-county letter or similar instruction from the director. The
33all-county letter or similar instruction shall be issued no later than
34April 1, 2017.

35

SEC. 3.  

No appropriation pursuant to Section 15200 of the
36Welfare and Institutions Code shall be made for purposes of
37implementing this act.

38

SEC. 4.  

If the Commission on State Mandates determines that
39this act contains costs mandated by the state, reimbursement to
40local agencies and school districts for those costs shall be made
P5    1pursuant to Part 7 (commencing with Section 17500) of Division
24 of Title 2 of the Government Code.



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