BILL NUMBER: AB 2772 CHAPTERED
BILL TEXT
CHAPTER 902
FILED WITH SECRETARY OF STATE SEPTEMBER 28, 1998
APPROVED BY GOVERNOR SEPTEMBER 27, 1998
PASSED THE ASSEMBLY AUGUST 28, 1998
PASSED THE SENATE AUGUST 27, 1998
AMENDED IN SENATE AUGUST 24, 1998
AMENDED IN SENATE JULY 9, 1998
AMENDED IN ASSEMBLY APRIL 20, 1998
INTRODUCED BY Committee on Human Services (Aroner (Chair), Ashburn,
Brown, Gallegos, Kuehl, and Wright)
(Principal coauthor: Senate Committee on Health and Human
Services (Watson (Chair), Hughes, Polanco, Solis, and Vasconcellos))
MARCH 2, 1998
An act to amend Sections 8351, 8353, 8354, 8355, 8357, and 8358
of, and to add Section 8358.5 to, the Education Code, to amend
Section 17002 of the Unemployment Insurance Code, to amend Sections
10072, 10532, 10544.1, 10980, 11004, 11008.135, 11157, 11157.5,
11201, 11250.4, 11265.2, 11320.1, 11320.3, 11320.31, 11322.65,
11322.8, 11323.2, 11323.4, 11324.6, 11324.7, 11324.8, 11325.1,
11325.21, 11325.22, 11325.23, 11325.8, 11326, 11327.8, 11328.8,
11331, 11331.5, 11331.7, 11333.5, 11333.7, 11334.2, 11334.7, 11454,
11454.5, 11454.6, 11477, 11495.15, 14132.90, 15200, 18242, 18244,
18245, 18246, 18904, and 18904.1 of, to add Sections 10850.31,
11450.16, and 15204.9 to, to repeal Sections 11267 and 11334 of, and
to repeal and add Section 11008.13 of, the Welfare and Institutions
Code, relating to CalWORKs, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 2772, Committee on Human Services. CalWORKs: welfare-to-work
activities.
Existing federal law provides for allocation of federal funds
through the federal Temporary Assistance for Needy Families (TANF)
block grant program to eligible states. Existing law provides for
the CalWORKs program for the allocation of federal funds received
through the TANF program, under which each county provides cash
assistance and other benefits to qualified low-income families.
Prior to the enactment of the CalWORKs program, former existing law
provided for the allocation of federal, state, and local funds for
needy children, under the Aid to Families with Dependent Children
(AFDC) program.
This bill would revise various statutory references to the AFDC
program to conform to the CalWORKs program. The bill would revise
methods of implementing the program of aid to needy families to
reflect the change from the AFDC program to the CalWORKs program.
The bill would also require that for purposes of determining
eligibility for aid, families shall be grouped into assistance units,
and would combine 2 or more assistance units into one assistance
unit if they live in the same home under certain circumstances. By
revising the method of determining aid, this bill would increase the
responsibilities of counties, thereby resulting in a state-mandated
local program.
Existing law requires that child care be provided in various
stages to recipients of benefits under the CalWORKs program, and
provides for various methods of providing the care at different
stages.
This bill would require that the child care shall be provided
according to certain stages when certain circumstances exist that
prohibit the family from proceeding to the following stage of child
care. It would also require that a family leaving cash aid under the
CalWORKs program receive up to 2 years of child care, if otherwise
eligible, as needed to continue the family's employment. Since each
county is required to administer the provision of child care
services, the bill would impose a state-mandated local program.
The bill would also require that county welfare departments share
information necessary for the administration of the child care
program and the CalWORKs program, thus imposing a state-mandated
local program.
Existing law, until July 1, 1998, permits a county to reimburse
the cost of child care services through a direct payment to a
CalWORKs recipient, rather than to the child care provider.
This bill would also apply this provision to an alternative
payment agency contracting with the State Department of Education.
The bill would authorize payment to be made to the parent as the
employer if care is provided in the home of the recipient.
Existing law creates grievance procedures for CalWORKs recipients
involved in welfare-to-work activities.
This bill would make various changes in these grievance
procedures.
Existing law requires that each county receive 75% of the state
share of savings, including federal funds, resulting from specified
outcomes relating to moving CalWORKs recipients to employment.
Existing law also requires that the remaining 25% of these savings
be allocated to counties that have not realized savings due to the
outcomes referred to above, but have performed in a manner worthy of
recognition based upon standards developed by the department.
This bill would eliminate the requirement that a county must, in
order to receive an allocation of these savings, not have realized
savings due to the outcomes referred to above.
Existing law requires recipients of aid under the CalWORKs program
who are under 19 years of age who are pregnant or custodial parents
to participate in educational programs.
This bill would specify that eligible individuals who are under 19
years of age who are pregnant or custodial parents shall be required
to participate in the Cal-Learn Program in lieu of the
welfare-to-work activities generally required of recipients who are
not otherwise exempted from participation, and would exempt teen
parents from participation in the Cal-Learn Program if the recipient
has an illness, injury, or incapacity that substantially deprives the
teen parent from successfully earning a high school diploma or its
equivalent and an alternative education cannot be arranged. By
revising the responsibilities of counties in determining the
eligibility of a recipient, this bill would result in a
state-mandated local program.
Existing law requires counties to arrange for the provision of
education and supportive services needed by teenage parents to
successfully participate in the Cal-Learn Program.
This bill would also modify the services that counties must
provide to Cal-Learn Program recipients.
Existing law requires that applicants for, and recipients of,
CalWORKs program benefits cooperate with the county welfare
department and district attorney in establishing paternity of a child
born out of wedlock.
This bill would specify that granting of aid shall not be delayed
or denied if the otherwise eligible applicant completes the necessary
forms and agrees to cooperate with the district attorney in securing
support and determining paternity, thereby increasing the
responsibilities of counties and resulting in a state-mandated local
program.
Existing law specifies that recipients of CalWORKs program
benefits may not receive benefits for more than 18 months unless
there is no job available and the recipient participates in community
activities, unless he or she is participating in welfare-to-work
activities or other approved programs.
This bill would specify that limitation shall not apply to any
month the recipient lived in Indian country or an Alaskan native
village and 50% of the adults therein are not employed.
Existing law specifies that to the extent permitted by federal
law, no child or family may receive CalWORKs program benefits if the
total gross income exceeds 185% of the minimum basic standards of
adequate care applicable to that child or family.
This bill would repeal that limitation, thereby increasing county
responsibilities, thereby resulting in a state-mandated local
program.
Existing law exempts certain income from consideration in
determining CalWORKs eligibility.
This bill would also exempt earnings from college work-study
programs provided for under specified provisions of federal and state
law, thereby increasing county responsibilities and thus resulting
in a state-mandated local program.
Existing law provides that a gift or any other transfer of assets
for less than fair market value by a CalWORKs recipient shall result
in a period of ineligibility for CalWORKs benefits determined in
accordance with specified requirements.
This bill would specify that this provision applies only to
transfers of income or resources that would otherwise affect a
recipient's eligibility for benefits or the amount of benefits to
which he or she would be entitled.
Existing law provides that, for purposes of determining CalWORKs
eligibility, a child shall be considered to be deprived of parental
support or care due to the unemployment of his or her parent or
parents when the parent has worked not more than 100 hours in the
preceding 4 weeks and meets specified requirements.
This bill would, instead, provide that this requirement would be
met when the parent has worked less than 100 hours in the preceding 4
weeks and the other requirements have been met, thereby increasing
county responsibilities and thus resulting in a state-mandated local
program.
Existing law appropriates funds to pay for a share of the county
costs of aid grants under the CalWORKs program.
By making various changes in CalWORKs eligibility provisions that
increase program eligibility, the bill would constitute an
appropriation.
Existing law provides for the Medi-Cal program, which is
administered by the State Department of Health Services, pursuant to
which medical benefits are provided to public assistance recipients
and certain other low-income persons.
Under existing law, day care habilitative services are a covered
Medi-Cal benefit only when provided to alcohol and drug exposed
pregnant women and women in the postpartum period, or as required by
federal law, with the exception that outpatient methadone maintenance
and Naltrexone remain Medi-Cal benefits.
This bill would revise that provision to include narcotic
replacement therapy and Naltrexone as Medi-Cal benefits as an
exception to the limitation on day care habilitative services, and
would revise the method of calculating costs of those benefits for
purposes of the limitation on funding outpatient drug abuse services.
Existing law continuously appropriates money from the General Fund
to each county for the support and maintenance of needy children,
based on a specified percentage of the amount calculated under the
CalWORKs program.
This bill would revise the percentage basis of the continuing
appropriation, thereby resulting in an increase in the continuously
appropriated funds, and resulting in an appropriation.
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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
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.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 8351 of the Education Code, as amended by
Section 4 of Assembly Bill 2779 of the 1997-98 Regular Session, is
amended to read:
8351. (a) The county welfare department shall manage the first
stage during which a family shall receive a child care subsidy for
any legal care chosen by the parent. The first stage begins upon the
entry of a person into the program prescribed by Chapter 2
(commencing with Section 11200) of Part 3 of Division 9 of the
Welfare and Institutions Code.
(b) A county shall move recipients out of this first response
stage as quickly as possible after the county determines that the
need for child care is stable. A recipient may be served in this
stage for a maximum of six months. The six-month time limit may be
extended if the county determines that the recipient's situation is
too unstable to be shifted to the second stage or if no funds are
available to provide child care services in the second stage.
(c) Former CalWORKs recipients who cannot be transitioned from the
first stage of child care because no funded slot is available are
eligible to receive the first stage and any subsequent stage two
child care services for up to a total of 24 months after they leave
cash aid, or until they are otherwise ineligible within that 24-month
period. Family size and income for purposes of determining
eligibility and family fee shall be determined pursuant to Sections
8263 and 8263.1.
(d) The county welfare department shall also begin the first stage
of child care when an individual who applies for aid under the
program described in Chapter 2 (commencing with Section 11200) of
Part 3 of Division 9 of the Welfare and Institutions Code is
participating as a volunteer pursuant to Article 3.2 (commencing with
Section 11320) of Chapter 2 of Part 3 of Division 9 of the Welfare
and Institutions Code.
(e) A county may contract with public or private child care
providers to provide any or all of the services during the first
stage. If the county welfare department elects to contract with any
child care provider that is also under contract with the State
Department of Education, these contracts shall be consistent with
state law.
SEC. 2. Section 8353 of the Education Code, as amended by Section
5 of Assembly Bill 2779 of the 1997-98 Regular Session, is amended to
read:
8353. (a) The second stage of child care begins when the county
determines that the recipient's work or approved work activity is
stable or when a recipient is transitioning off of aid and child care
is available through a local stage two program. Second stage child
care may be provided to a family who elects to receive a lump-sum
diversion payment or diversion services under Section 11266.5 of the
Welfare and Institutions Code when a funded space is not immediately
available for the family in third stage. The local stage two agency
shall assist in moving families to stage three as quickly as
feasible. Former CalWORKs recipients are eligible to receive child
care services in stage one and stage two for up to a total of no more
than 24 months after they leave cash aid, or until they are
otherwise ineligible within that 24-month period. Family size and
income for purposes of determining eligibility and calculating the
family fee shall be determined pursuant to Sections 8263 and 8263.1.
A family leaving cash aid under the CalWORKS program shall receive
up to two years of child care, if otherwise eligible, as needed to
continue the family's employment. The provision of the two-year time
limit is not intended to limit eligibility for child care under
Section 8354.
(b) The second stage shall be administered by agencies contracting
with the State Department of Education. These contractors may be
either agencies that have an alternative payment contract pursuant to
Section 8220.1 or county welfare departments that choose to
administer this stage in order to continue to provide child care
services for recipients or former recipients of aid. If the county
chooses to contract with the department to provide alternative
payment services, this contract shall not displace, or result in the
reduction of an existing contract of, a current alternative payment
program.
SEC. 3. Section 8354 of the Education Code, as amended by Section
6 of Assembly Bill 2779 of the 1997-98 Regular Session, is amended to
read:
8354. (a) The third stage of child care begins when a funded
space is available. CalWORKs recipients are eligible for the third
stage of child care. Persons who received a lump-sum diversion
payment or diversion services and former CalWORKs participants are
eligible if they have an income that does not exceed 75 percent of
the state median income. The third stage shall be administered by
programs contracting with the State Department of Education. Parents'
eligibility for child care and development services will be governed
by Section 8263 and regulations adopted by the State Department of
Education.
(b) In order to move welfare recipients and former recipients from
their relationship with county welfare departments to relationships
with institutions providing services to working families, it is the
intent of the Legislature that families that are former recipients of
aid, or are transitioning off aid, receive their child care
assistance in the same fashion as other low-income working families.
Therefore, it is the intent of the Legislature that families no
longer rely on county welfare departments to obtain child care
subsidies beyond the time they are receiving other services from the
welfare department.
(c) A county welfare department shall not administer the third
stage of child care for CalWORKs recipients except to the extent to
which it delivered those services to families receiving, or within
one year of having received, Aid to Families with Dependent Children
prior to the enactment of this section.
(d) This article does not preclude county welfare departments from
operating an alternative payment program under contract with the
State Department of Education to serve families referred by child
protective services.
SEC. 5. Section 8357 of the Education Code is amended to read:
8357. (a) The cost of child care services provided under this
article shall be governed by regional market rates. Recipients of
child care services provided pursuant to this article shall be
allowed to choose the child care services of licensed child care
providers or child care providers who are, by law, not required to be
licensed, and the cost of that child care shall be reimbursed by
counties or agencies that contract with the State Department of
Education if the cost is within the regional market rate. For
purposes of this section, "regional market rate" means care costing
no more than 1.5 market standard deviations above the mean cost of
care for that region.
(b) Reimbursement to child care providers shall not exceed the fee
charged to private clients for the same service.
(c) Reimbursement shall not be made for child care services when
care is provided by parents, legal guardians, or members of the
assistance unit.
(d) A child care provider located on an Indian reservation or
rancheria and exempted from state licensing requirements shall meet
applicable tribal standards.
(e) For purposes of this section, "reimbursement" means a direct
payment to the provider of child care services, including license
exempt-providers. If care is provided in the home of the recipient,
payment may be made to the parent as the employer, and the parent
shall be informed of his or her concomitant legal and financial
reporting requirements. To allow time for the development of the
administrative systems necessary to issue direct payments to
providers, for a period not to exceed six months from the effective
date of this article, a county or an alternative payment agency
contracting with the State Department of Education may reimburse the
cost of child care services through a direct payment to a recipient
of aid rather than to the child care provider.
(f) Counties and alternative payment programs shall not be bound
by the rate limits described in subdivision (a) when there are, in
the region, no more than two child care providers of the type needed
by the recipient of child care services provided under this article.
SEC. 6. Section 8358 of the Education Code, as amended by Section
7 of Assembly Bill 2779 of the 1997-98 Regular Session, is amended to
read:
8358. (a) By January 31, 1998, the State Department of Education
and the State Department of Social Services shall design a form for
license-exempt child care providers to use for certifying health and
safety requirements to the extent required by federal law. Until the
form is adopted, the information required pursuant to Section 11324
of the Welfare and Institutions Code shall continue to be maintained
by the county welfare department or contractor, as appropriate.
(b) By January 31, 1998, the State Department of Education and the
State Department of Social Services shall do all of the following:
(1) Design a standard process for complaints by parents about the
provision of child care that is exempt from licensure.
(2) Design, in consultation with local planning councils, a single
application for all child care programs and all families.
(3) Present recommendations to the Legislature on ways to
consolidate state and federal child care programs.
(c) (1) County welfare departments and alternative payment
programs shall encourage all providers who are licensed or who are
exempt from licensure and who are providing care under Section 8351,
8353, or 8354, to secure training and education in basic child
development.
(2) Child care provider job training provided to CalWORKs
recipients that is funded by either the State Department of Education
or the State Department of Social Services shall include information
on becoming a licensed child care provider.
(d) The State Department of Education shall increase consumer
education and consumer awareness activities so that parents will have
the information needed to seek child care of high quality. High
quality child care shall include both licensed and license-exempt
care.
SEC. 7. Section 8358.5 is added to the Education Code, to read:
8358.5. Notwithstanding any other confidentiality requirement,
the government or private agency administering subsidized child care
services shall share information necessary for the administration of
the child care programs pursuant to this article and the CalWORKs
program pursuant to Chapter 2 (commencing with Section 11200) of Part
3 of Division 9 of the Welfare and Institutions Code, for the time
period for which the person receives child care.
SEC. 8. Section 17002 of the Unemployment Insurance Code is
amended to read:
17002. In carrying out the provisions of this division, the
department shall conduct activities including, but not limited to,
the following:
(a) Establish a council of corporate executives consisting of 13
members drawn from the business community including, but not limited
to, retired or former chief executive officers of major California
corporations. Seven members shall be appointed by the Governor,
three shall be appointed by the Senate Committee on Rules, and three
shall be appointed by the Speaker of the Assembly. Appointments
shall be made no later than January 31, 1998. This council shall
provide ongoing advice and assistance to the department in recruiting
private employers to hire recipients of aid.
(b) In consultation with the council described in subdivision (a),
establish a clearinghouse for information on the Internet or other
forms of toll-free communication for private sector employers to
obtain information about assistance and resources for hiring CalWORKs
recipients and to register their pledges to assist the state in
finding the jobs necessary to meet the local welfare-to-work goals
throughout the state.
(c) In consultation with the council described in subdivision (a),
provide a forum for leaders in the faith-based communities, as well
as other civic leaders, to assist the state in promoting
welfare-to-work goals as part of the civic duty of their
constituents.
(d) Report to the Legislature during the annual budget process
regarding the implementation of this division and the results
achieved.
SEC. 8.5. Section 10072 of the Welfare and Institutions Code is
amended to read:
10072. The electronic benefits transfer system required by this
chapter shall be designed to do, but not be limited to, all of the
following:
(a) To the extent permitted by federal law and the rules of the
program providing the benefits, recipients who are required to
receive their benefits using an electronic benefits transfer system
shall be permitted to gain access to the benefits in any part of the
state where electronic benefits transfers are accepted. All
electronic benefits transfer systems in this state shall be designed
to allow recipients to gain access to their benefits by using every
other electronic benefits transfer system.
(b) To the maximum extent feasible, electronic benefits transfer
systems shall be designed to be compatible with the electronic
benefits transfer systems in other states.
(c) All reasonable measures shall be taken in order to ensure that
recipients have access to electronically issued benefits through
systems such as automated teller machines, point-of-sale devices, or
other devices that accept electronic benefits transfer transactions.
(d) The system shall provide for reasonable access to benefits to
recipients who demonstrate an inability to use, an electronic
benefits transfer card or other aspect of the system because of
disability, language, lack of access, or other barrier. These
alternative methods shall conform to the requirements of the
Americans with Disabilities Act (42 U.S.C. Sec. 12101, et seq.),
including reasonable accommodations for recipients who, because of
physical or mental disabilities, are unable to operate or otherwise
make effective use of the electronic benefits transfer system.
(e) The system shall permit a recipient the option to choose a
personal identification number, also known as a "pin" number, to
assist the recipient to remember his or her number in order to allow
access to benefits. Whenever an institution, authorized
representative, or other third party not part of the recipient
household or assistance unit has been issued an electronic benefits
transfer card, either in lieu of, or in addition to, the recipient,
the third party shall have a separate card and personal
identification number. At the option of the recipient, he or she may
designate whether restrictions apply to the third party's access to
the recipient's benefits. At the option of the recipient head of
household or assistance unit, the county shall provide multiple
electronic benefits transfer cards to adult members enabling them to
access benefits.
(f) The system shall have a 24-hour per day toll-free telephone
hotline for the reporting of lost or stolen cards and that will
provide recipients with information on how to have the card and
personal identification number replaced.
(g) A recipient shall not incur any loss of electronic benefits
after reporting his or her electronic benefits transfer card or
personal identification number has been lost or stolen. The system
shall provide for the prompt replacement of lost or stolen electronic
benefits transfer cards and personal identification numbers.
Electronic benefits for which the case was determined eligible and
that were not withdrawn by transactions using an authorized personal
identification number for the account shall also be promptly
replaced.
(h) Electronic benefits transfer system consumers shall be
informed on how to use electronic benefits transfer cards and how to
protect them from misuse.
(i) Procedures shall be developed for error resolution.
(j) No fee shall be charged by the state, a county, or an
electronic benefits processor certified by the state to retailers
participating in the electronic benefits transfer system.
(k) Except for food stamp transactions, a recipient may be charged
a fee, not to exceed the amount allowed by applicable state and
federal law and customarily charged to other customers, for cash
withdrawal transactions that exceed four per month.
SEC. 9. Section 10532 of the Welfare and Institutions Code is
amended to read:
10532. The department and the counties shall implement the
provisions of the CalWORKs program in the following manner:
(a) The department shall issue a planning allocation letter and
county plan instructions to the counties within 30 days of the
enactment of the CalWORKs program.
(b) (1) Each county shall submit a plan for implementation of the
CalWORKs program within four months of the issuance of the planning
allocation letter by the department. A county may begin
implementation of its plan upon submission of the plan to the
department or the effective date of the CalWORKs program, whichever
is later.
(2) Within 30 days of receipt of a county plan, the department
shall either certify that the plan includes the description of the
elements required by Section 10531 and that the descriptions are
consistent with the requirements of state law and, to the extent
applicable, federal law or notify the county that the plan is not
complete or consistent stating the reasons therefor.
(3) If a county is notified that its plan is not complete or
consistent, the county shall, within 30 days, resubmit a revised plan
to the department for certification.
(c) (1) A county shall begin enrolling all new applicants for aid
under this chapter in the county's welfare-to-work program no later
than six months from the date of issuance of the planning allocation
letter references in subdivision (a) or two months after the
certification of the county plan, whichever is later.
(2) A county shall enroll all recipients of aid under this chapter
who were receiving aid in the month prior to the implementation date
for new applicants specified in paragraph (1) no later than January
1, 1999. For recipients under this paragraph, the time limit in
subdivision (a) of Section 11454 shall commence on the date the
recipient signs, or refuses, without good cause, to sign, a
welfare-to-work plan.
(d) Funds remaining at the end of the 1997-98 fiscal year or the
1998-99 fiscal year from the funds provided to a county in those
years pursuant to Section 15204.2 shall be available to a county
until July 1, 2000, and may be expended only for the purposes set
forth in Section 15204.2.
SEC. 9.5. Section 10544.1 of the Welfare and Institutions Code is
amended to read:
10544.1. It is the intent of the Legislature to provide counties
with 100 percent of the grant savings as defined in subdivisions (a)
to (e), inclusive.
(a) In order to provide counties with additional incentive to move
CalWORKs recipients to employment, each county shall receive 75
percent of the state share of savings, including federal funds under
the Temporary Assistance for Needy Families block grant, resulting
from the following outcomes:
(1) Recipients exiting the program due to employment that has
lasted a minimum of six months.
(2) Increased earnings by recipients due to employment.
(3) Diversion of applicants from the program pursuant to Section
11266.5 for six months in addition to the number of months equivalent
to the diversion payment.
(b) For purposes of subdivision (a), the department, in
consultation with the steering committee under Section 10544.317,
shall determine the method for valuing the outcomes to determine
county share of savings.
(c) The department shall allocate the remaining 25 percent of the
state share of savings resulting from the outcomes specified in
subdivision (a) to counties that have performed in a manner worthy of
recognition based on standards developed by the department in
consultation with the counties.
(d) The funds allocated to counties pursuant to subdivisions (a)
and (b) that are federal Temporary Assistance for Needy Families
block grant funds shall be used only for purposes for which these
federal funds may be used. The funds that are state general fund
dollars shall be expended for purposes directly connected to the
CalWORKs program and countable towards the state maintenance of
effort level required by federal law, unless the Director of Finance
determines that all or part of the funds are not needed in that
fiscal year to meet the required maintenance of effort. Any
unexpended funds may be retained by each county for expenditure in
subsequent fiscal years for purposes consistent with this
subdivision.
(e) It is the intent of the Legislature that the provisions of
this section regarding the allocation of incentives shall be revised
by subsequent enactment of legislation based upon the recommendations
of the steering committee established pursuant to Section 10544.317.
SEC. 10. Section 10850.31 is added to the Welfare and Institutions
Code, to read:
10850.31. (a) For the CalWORKs and Food Stamp Programs only,
notwithstanding any other provision of law, the address, social
security number, and, if available, photograph of any applicant or
recipient shall be made available, on request, to any federal, state,
or local law enforcement officer if the officer furnishes the county
welfare department with the name of the applicant or recipient and
notifies the county welfare department that the following apply:
(1) Any one of the following applies:
(A) The applicant or recipient is fleeing to avoid prosecution,
custody, or confinement after conviction, for a crime that, under the
law of the place the applicant is fleeing, is a felony, or, in the
case of New Jersey, a high misdemeanor.
(B) The applicant or recipient is violating a condition of
probation or parole imposed under state or federal law.
(C) The applicant or recipient has information that is necessary
for the officer to conduct an official duty related to those issues
stated in paragraph (1) or (2).
(2) Locating or apprehending the applicant or recipient is an
official duty of the law enforcement officer.
(3) The request is being made in the proper exercise of an
official duty.
(b) This section shall not authorize the release of a general list
identifying individuals applying for or receiving public social
services under the CalWORKs program or the Food Stamp Program.
(c) This section shall be implemented only to the extent permitted
by federal law.
SEC. 11. Section 10980 of the Welfare and Institutions Code is
amended to read:
10980. (a) Any person who, willfully and knowingly, with the
intent to deceive, makes a false statement or representation or
knowingly fails to disclose a material fact in order to obtain aid
under the provisions of this division or who, knowing he or she is
not entitled thereto, attempts to obtain aid or to continue to
receive aid to which he or she is not entitled, or to receive a
larger amount than that to which he or she is legally entitled, is
guilty of a misdemeanor, punishable by imprisonment in the county
jail for a period of not more than six months, a fine of not more
than five hundred dollars ($500), or by both such imprisonment and
fine.
(b) Any person who knowingly makes more than one application for
aid under the provisions of this division with the intent of
establishing multiple entitlements for any person for the same period
or who makes an application for this aid for a fictitious or
nonexistent person or by claiming a false identity for any person is
guilty of a felony, punishable by imprisonment in the state prison
for a period of 16 months, two years, or three years, a fine of not
more than five thousand dollars ($5,000), or by both such
imprisonment and fine, or by imprisonment in the county jail for a
period of not more than one year, or a fine of not more than one
thousand dollars ($1,000), or by both such imprisonment and fine.
(c) Whenever any person has, by means of false statement or
representation or by impersonation or other fraudulent device,
obtained or retained aid under the provisions of this division for
himself or herself or for a child not in fact entitled thereto, the
person obtaining this aid shall be punished as follows:
(1) If the total amount of this aid obtained or retained is four
hundred dollars ($400) or less, by imprisonment in the county jail
for a period of not more than six months, a fine of not more than
five hundred dollars ($500), or by both such imprisonment and fine.
(2) If the total amount of this aid obtained or retained is more
than four hundred dollars ($400), by imprisonment in the state prison
for a period of 16 months, two years, or three years, a fine of not
more than five thousand dollars ($5,000), or by both such
imprisonment and fine; or by imprisonment in the county jail for a
period of not more than one year, or a fine of not more than one
thousand dollars ($1,000), or by both such imprisonment and fine.
(d) Any person who knowingly uses, transfers, acquires, or
possesses blank authorizations to participate in the federal Food
Stamp Program in any manner not authorized by Chapter 10 (commencing
with Section 18900) of Part 6 with the intent to defraud is guilty of
a felony, punishable by imprisonment in the state prison for a
period of 16 months, two years, or three years, a fine of not more
than five thousand dollars ($5,000), or by both such imprisonment and
fine.
(e) Any person who counterfeits or alters or knowingly uses,
transfers, acquires, or possesses counterfeited or altered
authorizations to participate in the federal Food Stamp Program or to
receive food stamps or electronically transferred benefits in any
manner not authorized by the Food Stamp Act of 1964 (Public Law
88-525 and all amendments made thereto) or the federal regulations
pursuant to the act is guilty of forgery.
(f) Any person who fraudulently appropriates food stamps,
electronically transferred benefits, or authorizations to participate
in the federal Food Stamp Program with which he or she has been
entrusted pursuant to his or her duties as a public employee is
guilty of embezzlement of public funds.
(g) Whoever knowingly uses, transfers, sells, purchases, or
possesses food stamps, electronically transferred benefits, or
authorizations to participate in the federal Food Stamp Program in
any manner not authorized by Chapter 10 (commencing with Section
18900), of Part 6, or by the federal Food
Stamp Act of 1977 (Public Law 95-113 and all
amendments made thereto) is:
(1) Guilty of a misdemeanor if the face value of the food stamp
benefits or the authorizations to participate is four hundred dollars
($400) or less, and shall be punished by imprisonment in the county
jail for a period of not more than six months, a fine of not more
than five hundred dollars ($500), or by both such imprisonment and
fine.
(2) Guilty of a felony if the face value of the food stamps or the
authorizations to participate exceeds four hundred dollars ($400),
and shall be punished by imprisonment in the state prison for a
period of 16 months, two years, or three years, a fine of not more
than five thousand dollars ($5,000), or by both such imprisonment and
fine or by imprisonment in the county jail for a period of not more
than one year, or a fine of not more than one thousand dollars
($1,000), or by both such imprisonment and fine.
SEC. 12. Section 11004 of the Welfare and Institutions Code is
amended to read:
11004. The provisions of this code relative to public social
services for which state grants-in-aid are made to the counties shall
be administered fairly to the end that all persons who are eligible
and apply for such public social services shall receive the
assistance to which they are entitled promptly, with due
consideration for the needs of applicants and the safeguarding of
public funds.
(a) Any applicant for, or recipient or payee of, such public
social services shall be informed as to the provisions of eligibility
and his or her responsibility for reporting facts material to a
correct determination of eligibility and grant.
(b) Any applicant for, or recipient or payee of, such public
social services shall be responsible for reporting accurately and
completely within his or her competence those facts required of him
or her pursuant to subdivision (a) and to report promptly any changes
in those facts.
(c) Current and future grants payable to an assistance unit may be
reduced because of prior overpayments. In cases where the
overpayment was caused by agency error, grant payments shall be
reduced by 5 percent of the maximum aid payment of the assistance
unit. Grant payments to be adjusted because of prior overpayments
because of any other reason shall be reduced by 10 percent of the
maximum aid payments for the assistance unit. A recipient may have
an overpayment adjustment in excess of the amounts allowable under
this section if the recipient requests it.
(d) No determination of ineligibility shall be made
retrospectively so as to result in an assessment of an overpayment in
circumstances where there is a failure on the part of an applicant
or recipient to perform an act constituting a condition of
eligibility, if the failure is caused by an error made by a state
agency or a county welfare department, and if the amount of the grant
received by the applicant or recipient would not have been different
had the act been performed.
(e) Prior to effectuating any reduction of current grants to
recover past overpayments, the recipient shall be advised of the
proposed reduction and of his or her entitlement to a hearing on the
propriety of the reduction.
(f) If the department determines after a hearing that an
overpayment has occurred, the county providing the public social
services shall seek to recover in accordance with subdivision (c) the
full amount of the overpayment to the assistance unit, including any
amount paid while the hearing process was pending. Such adjustment
shall be permitted concurrently with any suit for restitution, and
recovery of overpayment by adjustment shall reduce by the amount of
such recovery the extent of liability for restitution.
(g) If the individual is no longer receiving aid under Chapter 2
(commencing with Section 11200) recovery of overpayments received
under that chapter shall not be attempted where the outstanding
overpayments are less than thirty-five dollars ($35). Where the
overpayment amounts owed are thirty-five dollars ($35) or more,
reasonable cost-effective efforts at collection shall be implemented.
Reasonable efforts shall include notification of the amount of the
overpayment and that repayment is required. The department shall
define reasonable cost-effective collection methods. In cases
involving fraud, every effort shall be made to collect the
overpayments regardless of the amount.
(h) If the individual responsible for the overpayment to the
assistance unit is no longer eligible for public social services or
if he or she becomes a member of another assistance unit, recoupment
of overpayments shall be made against the individual or his or her
present assistance unit, or both.
(i) Where an overpayment has been made to an assistance unit which
is no longer receiving public social services, recovery shall be
made by appropriate action under state law against the income or
resources of the individual responsible for the overpayment or
against the family.
(j) No civil or criminal action may be commenced against any
person based on alleged unlawful application for or receipt of public
social services, where the case record of such person has been
destroyed after the expiration of the four-year retention period
pursuant to Section 10851.
(k) When an underpayment or denial of public social service occurs
and as a result the applicant or recipient does not receive the
amount to which he or she is entitled, the county shall provide
public social services equal to the full amount of the underpayment
unless prohibited by federal law. In cases that have both an
underpayment and an overpayment, the underpayment shall be offset
against the overpayment prior to correcting any remaining
underpayment.
Any corrective payments made pursuant to this subdivision shall be
disregarded in determining the income of the family and shall be
disregarded in determining the resources of the family in the month
the corrective payment is made and in the following month.
(l) This subdivision shall be applicable only to applicants,
recipients and payees under Chapter 2 (commencing with Section 11200)
of Part 3 of Division 9. Any suits to recover overpayments
described in subdivision (f) shall be brought on behalf of the county
by the county counsel unless the board of supervisors delegates such
duty to the district attorney by ordinance or resolution.
SEC. 13. Section 11008.13 of the Welfare and Institutions Code is
repealed.
SEC. 14. Section 11008.13 is added to the Welfare and Institutions
Code, to read:
11008.13. To the extent permitted by federal law and consistent
with other provisions of this chapter, in determining the eligibility
and amount of aid under this division for an alien for whom an
affidavit of support was executed prior to December 19, 1997, the
income and resources of the alien shall be deemed to include the
income and resources of any person who had executed an affidavit of
support on behalf of the alien and the spouse of that person as
provided in Section 408 of the Social Security Act (42 U.S.C. Sec.
608) and any subsequent amendments thereto.
SEC. 15. Section 11008.135 of the Welfare and Institutions Code is
amended to read:
11008.135. (a) Notwithstanding any other provision of law, in
determining the eligibility and amount of aid for an alien under this
division, the income and resources of the alien shall be deemed to
include the income and resources of any person who has executed an
affidavit of support on behalf of the alien and the spouse of that
person as provided in Subtitle C (commencing with Section 421) of
Title IV of Public Law 104-193, as amended by Public Law 104-208, and
any subsequent amendments thereto, subject to any exceptions
required by those provisions, including exceptions for indigents and
battered spouses.
(b) As a condition of eligibility, the sponsored applicant or
recipient shall provide information regarding the income and
resources of any person, and the spouse of that person, who has
executed an affidavit of support on behalf of the alien.
SEC. 16. Section 11157 of the Welfare and Institutions Code is
amended to read:
11157. (a) Notwithstanding Section 11008, all lump-sum income
received by an applicant or recipient shall be regarded as income in
the month received except nonrecurring lump-sum social insurance
payments, which shall include social security income, railroad
retirement benefits, veteran's benefits, worker's compensation, and
disability insurance.
(b) Except as otherwise provided in this part, for purposes of
this chapter and Chapter 2 (commencing with Section 11200), "income"
shall be deemed to be the same as applied under the Aid to Families
with Dependent Children program on August 21, 1996, except that
income that is received too infrequently to be reasonably
anticipated, as exempted in federal food stamp regulations, shall be
exempt from consideration. In addition, earnings from college
work-study programs under Title IV of the federal Higher Education
Act or Article 18 (commencing with Section 69950) of Chapter 2 of
Part 42 of the Education Code or college work-study program, as
established in the annual Budget Act, for individuals receiving aid
under Chapter 2 (commencing with Section 11200) shall be exempt from
consideration as income.
SEC. 17. Section 11157.5 of the Welfare and Institutions Code is
amended to read:
11157.5. The receipt of aid under Chapter 2 (commencing with
Section 11200) shall not impose any limitation or restriction upon a
recipient's right to sell, exchange, or change, the form of property
holdings. However, a gift or any other transfer of assets, including
income and resources, by a recipient for less than fair market value
shall result in a period of ineligibility for aid under Chapter 2
(commencing with Section 11200) for the number of months, rounded
down to the nearest whole number, that equals the quotient of the
difference between the fair market value of the asset and the amount
received for the asset divided by the standard of need applicable to
the family under Section 11452. This section shall only apply to
transfer of income or resources that would otherwise affect a
recipient's eligibility for benefits or the amount of benefits to
which he or she would be entitled.
SEC. 18. Section 11201 of the Welfare and Institutions Code is
amended to read:
11201. For the purposes of this chapter, the following shall
apply:
(a) "Unemployed parent" means a natural or adoptive parent with
whom the child is living.
(b) A child for whom a parent is applying for assistance under
this chapter shall be considered to be deprived of parental support
or care due to the unemployment of his or her parent or parents when
the parent has worked less than 100 hours in the preceding four weeks
and meets the requirements concerning an unemployed parent in effect
on August 21, 1996, as set forth in Section 233.100 of Title 45 of
the Code of Federal Regulations except for the provisions of
subparagraph (i) to (v), inclusive, of paragraph (3) of subsection
(a) of that section.
(c) A family receiving aid under this chapter with a child who is
considered to be deprived of parental support or care due to
unemployment may continue to receive assistance regardless of the
number of hours his or her parent works provided the family does not
exceed the applicable gross or net income limits and is otherwise
eligible for assistance.
SEC. 19. Section 11250.4 of the Welfare and Institutions Code is
amended to read:
11250.4. Aid under this chapter shall not be payable to an
assistance unit if a caretaker relative is, on the last day of the
month, participating in a strike, unless the strike is necessitated
by an imminent health and safety hazard or abnormally dangerous
working conditions at the place of employment as determined by the
Division of Occupational Safety and Health, or a lockout as defined
in Section 1132.8 of the Labor Code. For the purposes of this
section, a strike necessitated by an imminent health and safety
hazard or abnormally dangerous working condition shall last only so
long as necessitated by the imminent hazard or abnormally dangerous
working condition. If an individual other than a caretaker relative
is participating in a strike, as defined in this section, on the last
day of the month, subject to the exceptions and their limitations
set forth in this section, that individual's needs shall not be
included in determining the amount of aid payable to the assistance
unit for the month during which the individual is participating in
the strike on the last day of that month.
SEC. 20. Section 11265.2 of the Welfare and Institutions Code is
amended to read:
11265.2. (a) The director shall implement, under this chapter and
the Food Stamp Program (Chapter 10 (commencing with Section 18900)
of Part 6), a demonstration program in up to six counties to test an
alternative method of recipient reporting, as described in this
section. The director shall seek federal approval, as necessary, to
allow for participation in the Food Stamp Program in the
demonstration program. The counties initially selected for
participation under this section shall include small, medium, and
large counties, but shall not include a county with a population in
excess of 6,000,000.
(b) The demonstration program may operate for up to three years.
After the first year of operation, the director shall evaluate the
demonstration program and may continue, expand, or terminate the
project. In addition, if, at any time after the first year of
demonstration program operation, the director determines that the
method is cost-effective and administratively efficient, the director
may, notwithstanding Sections 11265 and 11265.1, implement the
alternative method of recipient reporting pursuant to this section on
a permanent, statewide basis.
(c) The alternative method of reporting to be used pursuant to
this section shall provide for the following:
(1) The county shall redetermine the financial eligibility of each
recipient every six months, and may, at the option of the county,
conduct a full eligibility redetermination on an annual basis.
(2) A recipient shall report to the county any change in his or
her household's monthly income or resources in excess of seventy-five
dollars ($75), and any change in the composition of his or her
household within 10 days after that change. Upon the report of any
change in excess of seventy-five dollars ($75) or any change in the
household composition, the county shall recalculate an assistance
unit's grant level.
(3) Notwithstanding any other provision of law, in recalculating
the amount of a recipients's grant pursuant to this section, changes
in the grant amount shall be made on a prospective basis.
(4) The warrant provided to a recipient of aid under this chapter
shall provide for an endorsement under penalty of perjury by a
recipient indicating that all required changes in income, resources,
and household composition have been reported. The warrant shall be
accompanied by notification of recipient reporting responsibilities.
SEC. 21. Section 11267 of the Welfare and Institutions Code is
repealed.
SEC. 22. Section 11320.1 of the Welfare and Institutions Code is
amended to read:
11320.1. Subsequent to the commencement of the receipt of aid
under this chapter, the sequence of employment related activities
required of participants under this article, unless exempted under
Section 11320.3, shall be as follows:
(a) Job search. Recipients shall, and applicants may, at the
option of a county and with the consent of the applicant, receive
orientation to the welfare-to-work program provided under this
article, receive appraisal pursuant to Section 11325.2, and
participate in job search and job club activities provided pursuant
to Section 11325.22.
(b) Assessment. If employment is not found during the period
provided for pursuant to subdivision (a), or at any time the county
determines that participation in job search for the period specified
in subdivision (a) of Section 11325.22 is not likely to lead to
employment, the participant shall be referred to assessment, as
provided for in Section 11325.4. Following assessment, the county
and the participant shall develop a welfare-to-work plan, as
specified in Section 11325.21. The plan shall specify the activities
provided for in Section 11322.6 to which the participant shall be
assigned, and the supportive services, as provided for pursuant to
Section 11323.2, with which the recipient will be provided.
(c) Work activities. A participant who has signed a
welfare-to-work plan pursuant to Section 11325.21 shall participate
in work activities until he or she has received aid for the period
specified in subdivision (a) of Section 11454. If, after the period
specified in paragraph (1) of subdivision (a) of Section 11454, the
participant has not obtained unsubsidized employment, the county may
extend the welfare-to-work plan by up to six months if the county
determines that the extension is likely to lead to unsubsidized
employment or if local unemployment or other conditions in the local
economy are such that employment is not available. If a recipient
has received aid for the period specified in subdivision (a) of
Section 11454 and returns to aid after a break in aid of at least one
month, the county shall determine whether to require the recipient
to participate in welfare-to-work activities or in community service.
(d) Community service.
(1) If a participant has received aid for the period specified in
subdivision (a) of Section 11454, and the participant has not found
unsubsidized employment sufficient to meet the hours of participation
required by Section 11322.8 and the county has certified that no job
is available for that participant, the participant shall remain
eligible for aid under this chapter only if he or she participates in
community service activities pursuant to Section 11322.9.
(2) The county shall provide community service activities
assignments as described in Section 11322.9.
(3) An individual may participate in community service activities
until he or she has received aid for a total of 60 months.
SEC. 23. 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 child attending an elementary, secondary, vocational, or
technical school on a full-time basis. 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.
(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.
(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 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.
(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 subparagraph (A) of paragraph (6) 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.
SEC. 24. Section 11320.31 of the Welfare and Institutions Code is
amended to read:
11320.31. No sanctions shall be applied for a failure or refusal
to comply with program requirements for reasons related to
employment, an offer of employment, an activity, or other training
for employment including, but not limited to, the following reasons:
(a) The employment, offer of employment, activity, or other
training for employment discriminates in terms of age, sex, race,
religion, national origin, or physical or mental disability.
(b) The employment
or offer of employment exceeds the daily or weekly hours of work
customary to the occupation.
(c) The employment, offer of employment, activity, or other
training for employment requires travel to and from the place of
employment, activity, or other training and one's home that exceeds a
total of two hours in round-trip time, exclusive of the time
necessary to transport family members to a school or place providing
care, or, when walking is the only available means of transportation,
the round-trip is more than two miles, exclusive of the mileage
necessary to accompany family members to a school or a place
providing care. An individual who fails or refuses to comply with
the program requirements based on this paragraph shall be required to
participate in community service activities pursuant to Section
11322.9.
(d) The employment, offer of employment, activity, or other
training for employment involves conditions that are in violation of
applicable health and safety standards.
(e) The employment, offer of employment, or work activity does not
provide for worker's compensation insurance.
(f) Accepting the employment or work activity would cause an
interruption in an approved education or job training program in
progress that would otherwise lead to employment and sufficient
income to be self-supporting, excluding work experience or community
service employment as described in subdivisions (d) and (j) of
Section 11322.6 and Section 11322.9 or other community work
experience assignments, except that a recipient may be required to
engage in welfare-to-work activities to the extent necessary to meet
the hours of participation required by Section 11322.8.
(g) Accepting the employment, offer of employment, or work
activity would cause the individual to violate the terms of his or
her union membership.
SEC. 25. Section 11322.65 of the Welfare and Institutions Code is
amended to read:
11322.65. (a) Unless otherwise specified in this chapter,
assignment to any activity otherwise authorized under this article
shall be limited in any county to the number or percentage of
participants specified under Section 407 of the federal Social
Security Act (42 U.S.C. Sec. 607) and subsequent amendments thereto,
unless the recipient is concurrently participating in any activities
that will count for the required number of hours of participation
under federal law.
(b) Subdivision (a) shall not apply if the statewide percentage,
as determined by the department, is less than the limits described in
federal law.
SEC. 26. Section 11322.8 of the Welfare and Institutions Code is
amended to read:
11322.8. (a) Unless otherwise exempt, an adult recipient in a
one-parent assistance unit shall participate in welfare-to-work
activities for 20 hours each week beginning January 1, 1998, 26 hours
each week beginning July 1, 1998, and 32 hours each week beginning
July 1, 1999, and thereafter. In no event shall the adult recipient
participate in welfare-to-work activities less than the required
hours of participation under Section 407 of the federal Social
Security Act (42 U.S.C. Sec. 607) and any subsequent amendments
thereto, for the entire time period on aid. A county retains the
option to require all recipients or individual recipients to
participate in welfare-to-work activities in excess of the minimum
number of hours specified in this subdivision, up to 32 hours each
week.
(b) Unless otherwise exempt, an adult recipient who is an
unemployed parent, as defined in Section 11201, shall participate in
at least 35 hours of welfare-to-work activities each week that will
meet the required hours of participation under Section 407 of the
federal Social Security Act (42 U.S.C. Sec. 607) and any subsequent
amendments thereto. However, both parents in a two-parent assistance
unit may contribute to the 35 hours, if provided in federal law as
meeting the federal work participation requirements and if at least
one parent meets the federal one-parent work requirement applicable
on January 1, 1998. To be eligible for federally funded child care
under Article 15.5 (commencing with Section 8350) of Chapter 2 of
Part 6 of the Education Code, both parents shall participate in work
activities that will meet the required hours of participation under
Section 407 of the federal Social Security Act (42 U.S.C. Sec. 607)
and any subsequent amendments thereto.
SEC. 27. 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 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 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.A. 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.A. 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 the Education Code. Parent fees shall be
governed by subdivision (f) of Section 8263 of the Education Code.
(2) Transportation costs, which shall be governed by regional
market rates as determined in accordance with regulations established
by the department.
(3) Ancillary expenses, which shall include the cost of books,
tools, clothing specifically required for the job, fees, and other
necessary costs.
(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. 28. Section 11323.4 of the Welfare and Institutions Code is
amended to read:
11323.4. (a) Payments for supportive services, as described in
Section 11323.2, shall be advanced to the participant, wherever
necessary, and when desired by the participant, so that the
participant need not use his or her funds to pay for these services.
Payments for child care services shall be made in accordance with
Article 15.5 (commencing with Section 8350) of Chapter 2 of Part 6 of
the Education Code.
(b) The county welfare department shall take all reasonable steps
necessary to promptly correct any overpayment or underpayment of
supportive services payments to a recipient or a service provider,
including, but not limited to, all cases involving fraud and abuse,
consistent with procedures developed by the department.
(c) Notwithstanding any other provision of this article, any
participant in on-the-job training who becomes ineligible for aid
under this chapter due to earned income or hours worked, shall remain
a participant in the program under this article for the duration of
the on-the-job training assignment and shall be eligible for
supportive services for the duration of the on-the-job training,
provided this duration does not exceed the time limits otherwise
applicable to the recipient.
(d) Notwithstanding any other provision of this article, any
participant in on-the-job training, grant-based on-the-job training,
supported work, or transitional employment who remains eligible for
aid pursuant to this chapter, shall be eligible for transportation
and ancillary expenses pursuant to paragraphs (2) and (3) of
subdivision (a) of Section 11323.2.
(e) (1) Participants shall be encouraged to apply for financial
aid, including educational grants, scholarships, and awards.
(2) To the extent permitted by federal law, the county shall
coordinate with financial aid offices to establish procedures whereby
the educational expenses of participants are met through available
financial aid and the supportive services described in Section
11323.2. These procedures shall not result in duplication of
payments, and shall require determinations to be made on an
individual basis to ensure that using financial aid will not prevent
the person's participation in his or her welfare-to-work plan.
(f) Notwithstanding Section 10850, for purposes of child care
supportive services, county welfare departments shall share
information necessary for the administration of the child care
programs and the CalWORKs program.
SEC. 29. Section 11324.6 of the Welfare and Institutions Code is
amended to read:
11324.6. Any employment or training program position described in
subdivisions (a) to (j), inclusive, of Section 11322.6 or Section
11322.9 or under any county pilot project, shall not be created as a
result of, or shall not result in, any of the following:
(a) Displacement or partial displacement of current employees,
including, but not limited to, a reduction in hours of nonovertime
and overtime work, wages, or employment benefits.
(b) The filling of positions which would otherwise be promotional
opportunities for current employees, except when positions are to be
filled through an open process in which recipients are provided equal
opportunity to compete.
(c) The filling of a position, prior to compliance with applicable
personnel procedures or provisions of collective bargaining
agreements.
(d) The filling of established unfilled public agency positions,
unless the positions are unfunded in a public agency budget.
(e) The filling of a position created by termination, layoff, or
reduction in work force, caused by the employer's intent to fill the
position with a subsidized position pursuant to this article.
(f) A strike, lockout, or other bona fide labor dispute, or
violation of any existing collective bargaining agreement between
employees and employers.
(g) The filling of a work assignment customarily performed by a
worker in a job classification within a recognized collective
bargaining unit in that specific worksite, or the filling of a work
assignment in any bargaining unit in which funded positions are
vacant or in which regular employees are on layoff.
(h) The termination of a contract for services, prior to its
expiration date, that results in the displacement or partial
displacement of workers performing contracted services, caused by the
employer's intent to fill the position with a subsidized position
pursuant to this article.
(i) The denial to a participant or employee of protections
afforded other workers on the worksite by state and federal laws
governing workplace health, safety, and representation.
(j) Subdivisions (b), (d), and (g) shall not apply to unsubsidized
employment placements.
SEC. 30. Section 11324.7 of the Welfare and Institutions Code is
amended to read:
11324.7. (a) The department shall provide a grievance process for
regular employees and their representatives who wish to file a
complaint that an assignment to community service, work experience,
on-the-job training, or any activity funded by grant-based on-the-job
training violates any of the displacement provisions contained in
Section 11324.6, as applicable, respecting any employment or training
position created pursuant to this article.
(b) (1) The grievance process established pursuant to subdivision
(a) shall consist of an informal procedure followed by a hearing if
the informal procedure fails to resolve the complaint to the
satisfaction of the complainant.
(2) The grievance and any available appeal process shall be
conducted in accordance with rules and notification requirements
adopted and promulgated in federal law.
(3) The department shall issue instructions and requirements for
the grievance process.
(c) The department shall administer the employee grievance process
either directly or through the county welfare departments, or may
enter into agreements with another state agency to administer all or
any part of the grievance process.
(d) Notwithstanding subdivisions (b) and (c), the department shall
require the use of any existing grievance procedure that is part of
a collective bargaining agreement between the employer and the labor
union representing the regular employee, in lieu of the process
established by this section.
(e) Remedies for complaining regular employees in the process
established by this section shall include, where appropriate,
reinstatement, retroactive pay, and retroactive benefits.
SEC. 31. Section 11324.8 of the Welfare and Institutions Code is
amended to read:
11324.8. (a) At the time an individual applies for aid under this
chapter, or at the time a recipient's eligibility for aid is
determined, the county shall do all of the following:
(1) Provide the individual, in writing and orally as necessary,
with at least the following program information:
(A) A general description of the education, employment, and
training opportunities and the supportive services available,
including transitional benefits.
(B) A description of the exemptions from required participation
provided under this article and the consequences of a refusal to
participate in program components, if not exempt.
(C) A description of the responsibility of the participant to
cooperate in establishing paternity and enforcing child support
obligations, and to assist individuals in establishing paternity and
obtaining child support as a condition of eligibility.
(2) Determine whether the individual is required to participate in
the program provided under this article.
(b) At the time an individual is required to participate pursuant
to this article, he or she shall receive a written preliminary
determination that he or she is a member of a targeted group, for
purposes of any applicable and operative federal Targeted Jobs Tax
Credit and California Jobs Tax Credit.
(c) Persons not required to participate may volunteer to
participate.
(d) An applicant for, or a recipient of, aid who is dissatisfied
with the provisions of the welfare-to-work plan may seek redress
through the independent assessment process, as described in
subdivision (c) of Section 11325.4 or the state hearing or county
grievance process, as described in Section 11327.8.
SEC. 32. Section 11325.1 of the Welfare and Institutions Code is
amended to read:
11325.1. When child care services are provided by a program
funded under Section 8481 of the Education Code to a recipient under
this article or any other job training program for recipients under
this chapter, and the job training program utilizes vouchers for
child care services issued by the county or a contracting agency,
reimbursement for those child care services shall be made at a market
rate established by the State Department of Education pursuant to
Article 15.5 (commencing with Section 8350) of Chapter 2 of Part 6 of
the Education Code.
SEC. 33. Section 11325.21 of the Welfare and Institutions Code is
amended to read:
11325.21. (a) Any individual who is required to participate in
welfare-to-work activities pursuant to this article shall enter into
a written welfare-to-work plan with the county welfare department
after assessment as required by subdivision (b) of Section 11320.1,
except as provided for in Section 11320.3. The plan shall include
the activities and services that will move the individual into
employment.
(b) The county shall allow the participant three working days
after completion of the plan or subsequent amendments to the plan in
which to evaluate and request changes to the terms of the plan.
(c) The plan shall be written in clear and understandable
language, and have a simple and easy-to-read format.
(d) The plan shall contain at least all of the following general
information:
(1) A general description of the program provided for in this
article, including available program components and supportive
services.
(2) A general description of the rights, duties, and
responsibilities of program participants, including a list of the
exemptions from the required participation under this article, the
consequences of a refusal to participate in program components, and
criteria for successful completion of the program.
(3) A description of the grace period required in paragraph (5) of
subdivision (b) of Section 11325.22.
(e) The plan shall specify, and shall be amended to reflect
changes in, the participant's welfare-to-work activity, a description
of services to be provided in accordance with Sections 11322.6, and
11322.8 as needed, and specific requirements for successful
completion of assigned activities including required hours of
participation.
The plan shall also include a general description of supportive
services pursuant to Section 11323.2 that are to be provided as
necessary for the participant to complete assigned program
activities.
(f) Any assignment to a program component shall be reflected in
the plan or an amendment to the plan. The participant shall maintain
satisfactory progress toward employment through the methods set
forth in the plan, and the county shall provide the services pursuant
to Section 11323.2.
(g) This section shall not apply to individuals subject to Article
3.5 (commencing with Section 11331) during the time that article is
operative.
SEC. 34. Section 11325.22 of the Welfare and Institutions Code is
amended to read:
11325.22. (a) (1) Following the appraisal required by Section
11325.2, all participants except those described in paragraph (4) of
this subdivision, shall be assigned to participate for a period of up
to four consecutive weeks in job search activities. These
activities may include the use of job clubs to identify the
participant's qualifications. The county shall consider the skills
and interests of the participants in developing a job search
strategy. The period of job search activities may be shortened if
the participant and the county agree that further activities would
not be beneficial. Job search activities may be shortened for a
recipient if the county determines that the recipient will not
benefit because he or she may suffer from an emotional or mental
disability that will limit or preclude the recipient's participation
under this article.
(2) Nothing in this section shall require participation in job
search activities, the schedule for which interferes with
unsubsidized employment or participation pursuant to Section
11325.23.
(3) Job search activities may be required in excess of the limits
specified in paragraph (1) on the basis of a review by the county of
the recipient's performance during job search to determine whether
extending the job search period would result in unsubsidized
employment.
(4) A person subject to Article 3.5 (commencing with Section
11331) or subdivision (d) of Section 11320.3 shall not be required,
but may be permitted, to participate in job search activities as his
or her first program assignment following appraisal upon earning a
high school diploma or its equivalent, if she or he has not already
taken the option to complete these activities as the first program
assignment following appraisal.
(b) (1) Upon the completion of job search activities, or a
determination that those activities are not required in accordance
with paragraph (3) of subdivision (a), the participant shall be
assigned to one or more of the activities described in Section
11322.6 as needed to attain employment.
(2) (A) The assignment to one or more of the program activities as
required in paragraph (1) of this subdivision shall be based on the
welfare-to-work plan developed pursuant to an assessment as described
in Section 11325.4. The plan shall be based, at a minimum, on
consideration of the individual's existing education level,
employment experience and relevant employment skills, available
program resources, and local labor market opportunities.
(B) An assessment pursuant to Section 11325.4 shall be performed
upon completion of job search activities or at such time as it is
determined that job search will not be beneficial.
(C) Notwithstanding subparagraphs (A) and (B), an assessment shall
not be required to develop a welfare-to-work plan for a person who
is participating in an approved self-initiated program pursuant to
Section 11325.23 unless the county determines that an assessment is
necessary to meet the hours specified in Section 11325.23.
(3) A participant who lacks basic literacy or mathematics skills,
a high school diploma or general educational development certificate,
or English language skills, shall be assigned to participate in
adult basic education as described in subdivision (k) of Section
11322.6, as appropriate and necessary for removal of the individual's
barriers to employment.
(4) Participation in activities assigned pursuant to this section
may be sequential or concurrent. The county may require concurrent
participation in the assigned activities if it is appropriate to the
participant's abilities, consistent with the participant's
welfare-to-work plan, and the activities can be concurrently
scheduled.
(5) The participant has 30 days from the beginning of the initial
training or education assignment in which to request a change or
reassignment to another component. The county shall grant the
participant's request for reassignment if another assignment is
available that is consistent with the participant's welfare-to-work
plan and the county determines the other assignment will readily lead
to employment. This grace period shall be available only once to
each participant.
(c) Any assignment or change in assignment to a program activity
pursuant to this section shall be included in the welfare-to-work
plan, or an amendment to the plan, as required in Section 11325.21.
(d) A participant who has not obtained unsubsidized employment
upon completion of the activities in a welfare-to-work plan developed
pursuant to the job search activities required by subdivision (a)
and an assessment required by subdivision (b) shall be referred to
reappraisal as described in Section 11326, unless he or she is
required to be assigned to community service pursuant to Section
11322.9.
(e) The criteria for successful completion of an assigned
education or training activity shall include regular attendance,
satisfactory progress, and completion of the assignment. A person
who fails or refuses to comply with program requirements for
participation in the activities assigned pursuant to this section
shall be subject to Sections 11327.4 and 11327.5.
(f) Except as provided in paragraph (4) of subdivision (a), this
section shall not apply to individuals subject to Article 3.5
(commencing with Section 11331) during the time that article is
operative.
SEC. 35. Section 11325.23 of the Welfare and Institutions Code is
amended to read:
11325.23. (a) (1) Except as provided in paragraph (2), any
student who, at the time he or she is required to participate under
this article pursuant to Section 11320.3, is enrolled in any
undergraduate degree or certificate program that leads to employment
may continue in that program within the time period specified in
subdivisions (a) and (d) of Section 11454 if he or she is making
satisfactory progress in that program, the county determines that
continuing in the program is likely to lead to self-supporting
employment for that recipient, and the welfare-to-work plan reflects
that determination.
(2) Any individual who possesses a baccalaureate degree shall not
be eligible to participate under this section unless the individual
is pursuing a California regular classroom teaching credential in a
college or university with an approved teacher credential preparation
program.
(3) (A) Subject to the limitation provided in subdivision (f), a
program shall be determined to lead to employment if it is on a list
of programs that the county welfare department and local education
agencies or providers agree lead to employment. The list shall be
agreed to annually, with the first list completed no later than
January 31, 1998. By January 1, 2000, all educational providers
shall report data regarding programs on the list for the purposes of
the report card established under Section 15037.1 of the Unemployment
Insurance Code for the programs to remain on the list.
(B) For students not in a program on the list prepared under
subparagraph (A), the county shall determine if the program leads to
employment. The recipient shall be allowed to continue in the
program within the time period specified in subdivisions (a) and (d)
of Section 11454 if the recipient demonstrates to the county that the
program will lead to self-supporting employment for that recipient
and the documentation is included in the welfare-to-work plan.
(C) If participation in educational or vocational training, as
determined by the number of hours required for classroom, laboratory,
or internship activities, is not at least 32 hours, the county shall
require concurrent participation in work activities pursuant to
subdivisions (a) to (j), inclusive, of Section 11322.6 and Section
11325.22.
(b) Participation in the
self-initiated education or vocational training program shall be
reflected in the welfare-to-work plan required by Section 11325.21.
The welfare-to-work plan shall provide that whenever an individual
ceases to participate in, refuses to attend regularly, or does not
maintain satisfactory progress in the self-initiated program, the
individual shall participate under this article in accordance with
Section 11325.22.
(c) Any person whose previously approved self-initiated education
or training program is interrupted for reasons that meet the good
cause criteria specified in subdivision (f) of Section 11320.3 may
resume participation in the same program if the participant
maintained good standing in the program while participating and the
self-initiated program continues to meet the approval criteria. The
county shall adjust the completion date of the program, accounting
for the time of absence to allow the participant a cumulative
timeframe outlined in subdivision (a).
(d) Supportive services reimbursement shall be provided for any
participant in a self-initiated training or education program
approved under this subdivision. This reimbursement shall be
provided if no other source of funding for those costs is available.
Any offset to supportive services payments shall be made in
accordance with subdivision (e) of Section 11323.4.
(e) Any student who, at the time he or she is required to
participate under this article pursuant to Section 11320.3, has been
enrolled and is making satisfactory progress in a degree or
certificate program, but does not meet the criteria set forth in
subdivision (a), shall have until the beginning of the next
educational semester or quarter break to continue his or her
educational program if he or she continues to make satisfactory
progress. At the time the educational break occurs, the individual
is required to participate pursuant to Section 11320.1. The time
spent in the educational program shall count towards the time limits
and community service requirements established for recipients in
Sections 11320.1 and 11454. A recipient not expected to complete the
program by the next break may continue his or her education under
the timelines in subdivision (a), provided he or she transfers at the
end of the current quarter or semester to a program that qualifies
under that subdivision, the county determines that participation is
likely to lead to self-supporting employment of the recipient, and
the welfare-to-work plan reflects that determination.
(f) Any degree, certificate, or vocational program offered by a
private postsecondary training provider shall not be approved under
this section unless the program is either approved or exempted by the
appropriate state regulatory agency and the program is in compliance
with all other provisions of law.
SEC. 36. Section 11325.8 of the Welfare and Institutions Code is
amended to read:
11325.8. (a) The county plan required by Section 10531 shall
include a plan for the provision of substance abuse treatment
services. The plan shall describe how the county welfare department
and the county alcohol and drug program will collaborate to ensure an
effective system is available to provide alcohol and drug services
to recipients whose substance abuse creates a barrier to employment.
The plan shall be developed in a manner that is consistent with the
county's welfare-to-work program. Substance abuse treatment services
shall include evaluation, substance abuse treatment, employment
counseling, provision of community service jobs, or other appropriate
services.
(b) It is the intent of the Legislature that substance abuse
treatment services for participants shall be provided by the county
alcohol and drug program, or by a nonprofit agency under contract
with the county alcohol and drug program. If the county welfare
department determines that the county alcohol and drug program is
unable to provide the needed services, the county department may
contract directly with a nonprofit state-licensed narcotic treatment
program, residential facility, or certified nonresidential substance
abuse program to obtain substance abuse services for a participant.
(c) (1) A participant who is in a job search component of the
county's welfare-to-work program may be directed at any time to an
assessment by the job search manager if the county believes that the
participant's substance abuse may limit or preclude his or her
satisfactory completion of the job search component.
(2) During the assessment, if the case manager believes that
substance abuse will impair the ability of the participant to obtain
and retain employment, the case manager shall refer the participant
to the county alcohol and drug program for an evaluation and
determination of any treatment necessary for the participant's
transition from welfare to work. If the county alcohol and drug
program is unable to provide the necessary services, the county may
refer the participant to a state-licensed or certified nonprofit
agency under contract with the county to perform these services.
(3) If a participant is determined to have a substance abuse
problem, based on an evaluation by the county alcohol and drug
program or a nonprofit state-licensed narcotic treatment program,
residential facility, or certified nonresidential substance abuse
program, the case manager shall develop the participant's
welfare-to-work plan based on the results of that evaluation. In
such a case, the participant's welfare-to-work plan may include
appropriate treatment requirements, including assignment to a
substance abuse program.
(4) A recipient of aid under this chapter shall be offered two
opportunities to receive substance abuse treatment under subdivision
(q) of Section 11322.6, except that the county may offer the
recipient additional treatment opportunities.
(5) When a participant's welfare-to-work plan includes assignment
to a treatment program, a case manager may determine that the
participant is out of compliance with that plan if, at any time, in
consultation with the substance abuse treatment provider, the county
determines that the participant has failed or refused to participate
in a treatment program without good cause. The assigned treatment
program shall be reasonably accessible within the county of residence
or a nearby county.
(6) When a case manager determines that a participant in a
treatment program as specified in his or her welfare-to-work plan is
out of compliance with a program requirement other than participation
in a required treatment program, the determination of whether the
participant has good cause to be out of compliance shall include
consideration of whether the participant's substance abuse problem
caused or substantially contributed to the failure to comply with the
program requirements. In this determination, the county shall
consult the substance abuse treatment provider as appropriate.
(d) No recipient may participate in a substance abuse treatment
program for longer than six months without concurrently participating
in a work activity, to be determined by the county and the
recipient, in consultation with the treatment provider. However, if
the recipient is in a state-licensed residential facility or a
certified nonresidential substance abuse program that requires him or
her to stay at the program site for a minimum of three hours per
day, three days per week, or otherwise not to participate in
nonprogram activities, the requirements of the treatment program
shall fulfill the recipient's work activity requirement.
(e) Any funds appropriated by the Legislature for allocation to
each county to eliminate barriers to employment due to participants'
substance abuse problems shall be allocated consistent with the
formula used to distribute each county's CalWORKs program allocation
and shall be used to supplement, and not supplant, substance abuse
treatment funds otherwise available to recipients. It is the intent
of the Legislature that these funds be used to develop, expand, or
develop and expand programs appropriate for CalWORKs program
recipients. It is further the intent of the Legislature that, to the
extent possible, these funds be used to maximize federal financial
participation through Title XIX of the federal Social Security Act
(Title 42 U.S.C. Sec. 1396 et seq.).
(f) Each county shall report annually to the state the number of
CalWORKs program recipients who receive substance abuse treatment and
the extent to which the allocation is sufficient to meet the need
for substance abuse services as determined by the county.
SEC. 37. Section 11326 of the Welfare and Institutions Code is
amended to read:
11326. (a) The county shall conduct a reappraisal of any
participant who does not obtain unsubsidized employment upon
completion of all activities included in the welfare-to-work plan
developed pursuant to Section 11325.4. The reappraisal shall
evaluate whether there are extenuating circumstances as defined by
the county that prevent the participant from obtaining employment
within the local labor market area.
(b) Upon a determination that extenuating circumstances exist, the
participant shall be assigned to additional activities in accordance
with subdivision (b) of Section 11325.22 as the county determines to
be appropriate and necessary.
(c) Upon a determination that no extenuating circumstances exist,
and until this determination is reversed or community service
activity pursuant to Section 11322.9 is required, the participant
shall be limited to the activities in subdivisions (a), (d), (i),
(l), and (q) of Section 11322.6. Participation in those activities
shall be subject to the requirements of Section 11322.8.
SEC. 38. Section 11327.8 of the Welfare and Institutions Code is
amended to read:
11327.8. (a) Except as specified in this section, whenever a
participant believes that any program requirement or assignment in
this program is in violation of his or her welfare-to-work plan or is
inconsistent with this article, the participant may request a state
hearing pursuant to Chapter 7 (commencing with Section 10950) of Part
2 or utilize a formal grievance procedure to be established by the
county board of supervisors and specified in each county plan.
(b) If the participant is not satisfied with the outcome of the
grievance procedure, he or she may appeal the decision in accordance
with the procedures set forth in Chapter 7 (commencing with Section
10950) of Part 2. Participants shall be subject to sanctions pending
the outcome of the formal grievance procedure or any subsequent
appeal, only if they fail to participate during the period the
grievance procedure is being processed. However, a participant shall
not utilize the grievance procedure to appeal the results of an
assessment made pursuant to Section 11325.4.
(c) If a participant is not satisfied with the decision of a
hearing conducted pursuant to Section 10950 concerning on-the-job
working conditions or workers' compensation coverage, the participant
may file a further appeal with the appropriate state regulating
agency.
SEC. 39. Section 11328.8 of the Welfare and Institutions Code is
amended to read:
11328.8. (a) The department, under the direction of the Health
and Welfare Agency, the Chancellor's office of the California
Community Colleges, and the State Department of Education shall each
develop and implement regulations whereby any payment for education
and training services from funds appropriated for the purposes of
this article and delivered pursuant to Section 11322.6 by an entity
contracting with a county shall be made in accordance with a
competitively selected fixed unit price performance-based contract.
Under these contracts, full payment shall not be considered earned
until either of the following has occurred:
(1) The participant has successfully completed the education
program.
(2) The participant has successfully completed the job training
program and has been retained in unsubsidized employment for at least
180 days.
(b) Up to 70 percent of the fixed unit price for job training may
be paid upon placement. At least 30 percent of the fixed unit price
for job training shall be withheld for the followup during the
180-day retention period. Progress payments shall be made from this
portion upon evidence of job retention at 30, 90, and 180 days. A
pro rata share of the 70 percent payment shall be paid to the
training provider if the participant fails to complete the training.
(c) The department may exempt county contracts for CalWORKs
educational services from subdivisions (a) and (b) in instances where
counties are unable to obtain educational services due to the
absence of an available adult education program or the small number
of CalWORKs referrals. The department, in conjunction with the State
Department of Education, shall develop criteria for granting the
exemptions from subdivisions (a) and (b). The departments shall also
consider using funds set aside for CalWORKs educational services in
the State Department of Education's annual budget allocation or funds
allocated to the State Department of Education for CalWORKs costs in
the annual Budget Act, to pay for the costs of education contracts
permitted by this subdivision.
SEC. 40. Section 11331 of the Welfare and Institutions Code is
amended to read:
11331. (a) The Legislature finds and declares that the connection
between teenage parenting and long-term welfare dependency has been
well documented by recent social science research. An estimated 60
percent of teenage parents who are currently receiving welfare will
have 10 or more years of dependency on aid. Average time on aid for
teenage parents is significantly longer than for parents who begin
families at an older age.
(b) The Legislature finds that teenage parents who receive
assistance under the CalWORKs program have unique education,
vocational, training, health, and other social service needs that are
not specifically provided for as part of the welfare-to-work
activities. Research shows that successful programs that help
teenage parents achieve self-sufficiency contain the following
features:
(1) A comprehensive range of health and social services.
(2) Adequate supportive services.
(3) A sympathetic and supportive program atmosphere.
(4) Individual attention, especially regarding education pace and
plan.
(5) An open format and an extended period of program availability.
(6) Caring, nonjudgmental staff.
(7) Strong case management systems, including followup activities
to determine whether a student is progressing in his or her studies.
(c) The Legislature declares that this article is intended to
ensure that the GAIN program does all of the following:
(1) Provide the education and training services needed by teenage
parents to help them earn a high school diploma or its equivalent,
including vocational training and preparation that may be available
through local education agencies.
(2) Link teenagers to other needed health and social services
available in the community.
SEC. 41. Section 11331.5 of the Welfare and Institutions Code is
amended to read:
11331.5. (a) Recipients of aid under this chapter who are under
19 years of age, who are pregnant or custodial parents, shall be
required to participate in the program, subject to both of the
following requirements:
(1) The teenage parent shall participate in the program until
earning his or her high school diploma or its equivalent.
(2) The teenage parent shall participate in the program as a
student attending school on a full-time basis, as normally defined by
the school in which the participant enrolls.
(b) A teen, as defined in paragraph (2) of subdivision (e) may
continue to participate in the program provided for under this
article. Any teen participating under this article pursuant to this
subdivision shall be eligible for the same benefits as is any
individual required to participate in the program.
(c) Notwithstanding subdivision (a), the county shall exempt a
teenage parent from the program as verified by the county when any of
the following conditions occur:
(1) The teenage parent is expelled from school and obtains
verification that no other school in the district will permit him or
her to attend, and the case manager cannot arrange for enrollment in
an alternative school.
(2) The teenage parent cannot receive payment for child care or
transportation expenses due to lack of program funding.
(3) Child care is necessary and unavailable.
(4) Public or private transportation is necessary and unavailable.
(5) A foster care payment is made under this chapter on behalf of
the teenage parent.
(6) The teen parent has an illness, injury, or incapacity, as
determined by a doctor's verification, that substantially deprives
the teen parent of the ability to meet program requirements or to be
successful in earning a high school diploma or its equivalent, and an
alternative education program cannot be arranged.
(d) For the purposes of this article, "teen" or "teenage parent"
means either of the following:
(1) A custodial parent or pregnant woman under 19 years of age,
who is required to participate pursuant to subdivision (a).
(2) A custodial parent or pregnant woman 19 years of age who,
prior to becoming 19 years of age, was participating in the program
pursuant to subdivision (a), and who is otherwise eligible for
voluntary continued participation in the program.
SEC. 42. Section 11331.7 of the Welfare and Institutions Code is
amended to read:
11331.7. Counties shall arrange for the provision of education
and supportive services that teenage parents need to successfully
participate in the Cal-Learn Program. The county shall identify the
need of each individual for, and the method of providing, the
following services:
(a) Supportive services, including child care and transportation,
as specified in Section 11323.2. Supportive services shall be
limited to those that are necessary to enable the teenage parent to
attend school regularly.
(b) Intensive case management services, as described in Section
11332.5.
(c) Any other services necessary for the teen parent to
successfully participate in the Cal-Learn Program, that may include,
but not be limited to, mental health services and substance abuse
treatment.
SEC. 43. Section 11333.5 of the Welfare and Institutions Code is
amended to read:
11333.5. (a) Counties shall develop linkages with local service
providers that serve teenage parents.
(b) The county plan shall specifically describe those required
services that are available to teenage parents, as follows:
(1) An identification of available services to teenagers.
(2) The extent to which these programs are currently serving AFDC
recipients.
(3) The resources that these programs may make available to GAIN
participants.
(4) The linkages established with these programs.
(c) The department shall review each county's plan to determine
both of the following:
(1) Whether the intensity of case management services provided by
the county meets the requirements of subdivision (b) of Section
11331.7.
(2) Whether the availability of services to teenagers is adequate.
SEC. 44. Section 11333.7 of the Welfare and Institutions Code is
amended to read:
11333.7. (a) Any participant required to participate pursuant to
Section 11331.5 who maintains satisfactory progress in school shall,
not more than four times in a calendar year, receive a one hundred
dollar ($100) supplement to the amount of aid paid pursuant to
Section 11450. The supplement shall be paid to the assistance unit
of which the teenage parent is a member in the month following
submission of the report card, if received by the county no later
than the eleventh calendar day of the month, or in the second month
following submission of the report card, if received by the county
after the eleventh calendar day of the month.
(b) (1) Any participant required to participate pursuant to
Section 11331.5 who fails to demonstrate that he or she has made
adequate progress in school, either by failing to provide the report
card or based on the grades on the report card, shall, not more than
four times in a calendar year, be subject to a sanction that shall be
a reduction of one hundred dollars ($100) of the amount that would
otherwise be paid under Section 11450 apportioned equally over a
two-month period.
(2) (A) Participants, including, but not limited to, those subject
to sanctions, may seek to demonstrate good cause for lack of
adequate progress. If there is good cause for lack of adequate
progress the county shall either defer the participant from program
participation, or waive all or part of the sanction, or both.
Participants shall not otherwise be subject to conciliation under
Section 11327.4 and sanctions under Section 11327.5, and shall be
referred to case management services to determine the causes of poor
school performance and how it can be improved.
(B) For the purposes of this section, failing to make adequate
progress in school shall constitute good cause only when there is a
condition or other circumstances that substantially deprive the
participant of the ability to make adequate progress on the report
card or periodic progress report.
(c) Any participant required to participate pursuant to Section
11333.5 who successfully completes high school or a California high
school equivalency examination shall receive a five hundred dollar
($500) supplement. No assistance unit shall receive a one hundred
dollar ($100) supplement when a five hundred dollar ($500) supplement
for the same report card or progress report is paid. The five
hundred dollar ($500) supplement shall be paid to the teenage parent
in the month following submission of the record of completion, if
received by the county no later than the 11th calendar day of the
month, or in the second month following submission of the record of
completion, if received by the county after the 11th calendar day of
the month.
(d) The sanction specified in subdivision (b) shall be applied
only once per report card, not to exceed fifty dollars ($50) in any
single month, and shall be applied to the amount of aid paid to the
assistance unit of which the teenage parent is a member pursuant to
Section 11450. The participant shall submit a copy of the report
card to the case manager within 10 working days of receipt of the
report card.
(e) (1) For purposes of this section, in schools that provide
periodic report cards with letter grades, satisfactory progress means
maintaining a grade point average of at least 2.0 on a scale where A
equals 4.0 points and F equals 0 points, and adequate progress means
maintaining a grade point average of at least 1.0 on the same scale.
(2) For the purposes of this section, in schools or other
educational programs that do not provide letter grades indicating
student performance, satisfactory progress or inadequate progress
shall be determined by the school's regular assessment of periodic
progress.
(f) In cases where a participant is subject to a sanction pursuant
to subdivision (b), case managers shall do all of the following:
(1) Fully inform teenage parents of the consequences of continuing
to fail to comply with the program.
(2) Make reasonable efforts to reach teenage parents who they
believe are in danger of continuing to fail to make satisfactory or
adequate progress or not to attend school.
(3) Make reasonable efforts to secure a face-to-face meeting with
a teenage parent before initiating a sanction.
(g) If a teenage parent fails or refuses to comply with program
requirements without good cause, the case manager shall again inform
the client of the consequences of not participating in the program,
and shall provide the teenage parent with the telephone number and
address of the local welfare rights organization or legal aid
society, should he or she need further assistance.
SEC. 45. Section 11334 of the Welfare and Institutions Code is
repealed.
SEC. 46. Section 11334.2 of the Welfare and Institutions Code is
amended to read:
11334.2. Sanctions and bonuses pursuant to Section 11333.7 shall
be applied in the first quarter following participant notification of
program requirements.
SEC. 47. Section 11334.7 of the Welfare and Institutions Code is
amended to read:
11334.7. The director may provide funds to support this article
in an item separate from other welfare-to-work activities, and these
funds shall not be subject to Section 11322.4.
SEC. 48. Section 11450.16 is added to the Welfare and Institutions
Code, to read:
11450.16. (a) For purposes of determining eligibility under this
chapter, and for computing the amount of aid payment under Section
11450, families shall be grouped into assistance units.
(b) Every assistance unit shall include at least one of the
following persons:
(1) One of each of the following:
(A) An eligible child.
(B) The caretaker relative of an otherwise eligible child who is
not receiving aid under Section 11250 because that child is receiving
benefits under Title XVI of the Social Security Act (Subchapter 16
(commencing with Section 1381), of Chapter 7 of Title 42 of the
United States Code) or foster care payments under Section 11461.
(2) A pregnant woman who is eligible for payments under
subdivision (c) of Section 11450.
(c) Every assistance unit shall, in addition to the requirements
of subdivision (b), include the eligible parents of the eligible
child and the eligible siblings, including half-siblings, of the
eligible child when those persons reside in the same home as the
eligible child. This subdivision shall not apply to any convicted
offender who is permitted to reside at the home of the eligible child
as part of a court-imposed sentence and who is considered an absent
parent under Section 11250.
(d) An assistance unit may, at the option of the family comprising
the assistance unit, also include the nonparent caretaker relative
of the eligible child, the spouse of the parent of the eligible
child, otherwise eligible nonsibling children in the care of the
caretaker relative of the eligible child, and the alternatively
sentenced offender parent exempted under subdivision (c).
(e) If two or more assistance units reside in the same home, they
shall be combined into one assistance unit when any of the following
circumstances occur:
(1) There is a common caretaker relative for the
eligible children.
(2) One caretaker relative marries another caretaker relative.
(3) Two caretaker relatives are the parents of an eligible child.
(f) For purposes of this section, "caretaker relative" means the
parent or other relative, as defined by regulations adopted by the
department, who exercises responsibility and control of a child.
SEC. 49. Section 11454 of the Welfare and Institutions Code is
amended to read:
11454. (a) (1) Except as otherwise provided in this chapter and
in paragraph (2), a parent or caretaker relative shall not be
eligible to receive aid for a cumulative period of more than 18
months after the individual signs, or refuses, without good cause, to
sign a welfare-to-work plan, unless it is certified by the county
that there is no job currently available for the recipient and the
recipient participates in community service activities, pursuant to
Section 11322.9.
(2) A parent or caretaker relative recipient who is subject to the
requirements of paragraph (2) of subdivision (c) of Section 10532
shall not be eligible to receive aid under this chapter for a
cumulative period of more than 24 months, unless it is certified by
the county that there is no job currently available for the recipient
and the recipient participates in community service activities
pursuant to Section 11322.9.
(3) For purposes of this subdivision, a job shall not be
considered to be currently available if a recipient has taken and
continues to take all steps to apply for appropriate positions and
has not refused an offer of employment without good cause.
(4) A parent or caretaker relative recipient to whom paragraph (1)
or (2) applies, who is in a job for less than the number of hours
required by Section 11322.8, and for whom no job is currently
available for the required number of hours, shall remain eligible for
aid under this chapter and shall participate in community service
activities for the additional number of hours necessary to meet the
requirements of Section 11322.8.
(b) 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 60 months.
(c) No month in which aid has been received prior to January 1,
1998, shall be taken into consideration in computing the 18-month,
24-month, or 60-month limitation provided for in subdivision (a) or
(b).
(d) Each county shall adopt criteria for extending the 18-month
limitation prescribed by subdivision (a) for up to six months if the
extension is likely to result in unsubsidized employment or if local
unemployment rates or other conditions in the local economy are such
that employment is not available.
(e) Subdivision (b) shall not be applicable when all parent 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. 50. Section 11454.5 of the Welfare and Institutions Code is
amended to read:
11454.5. (a) Any month in which a recipient is not required to
participate in welfare-to-work activities pursuant to subdivision (b)
of Section 11320.3 because of a condition that is expected to last
at least 30 days or is eligible for, participating in, or exempt
from, the Cal-Learn program provided for pursuant to Article 3.5
(commencing with Section 11331) or is participating in another teen
parent program approved by the department shall not be counted as a
month of receipt of aid for the purpose of subdivision (a) of Section
11454.
(b) Any month in which the following conditions exist shall not be
counted as a month of receipt of aid for the purposes of subdivision
(b) of Section 11454:
(1) The recipient is exempt from participation under Article 3.2
(commencing with Section 11320) due to disability, or advanced age in
accordance with paragraph (3) of subdivision (b) of Section 11320.3,
or due to caretaking responsibilities that impair the recipient's
ability to be regularly employed, in accordance with paragraph (4) or
(5) of subdivision (b) of Section 11320.3.
(2) The recipient is eligible for, participating in, or exempt
from, the Cal-Learn Program provided for pursuant to Article 3.5
(commencing with Section 11331) or is participating in another teen
parent program approved by the department.
(3) The cost of the cash aid provided to the recipient for the
month is fully reimbursed by child support, whether collected in that
month or any subsequent month.
(4) The family is a former recipient of cash aid under this
chapter and currently receives only child care, case management, or
supportive services pursuant to Section 11323.2 or Article 15.5
(commencing with Section 8350) of Chapter 2 of Part 6 of the
Education Code.
(5) To the extent provided by federal law, the recipient lived in
Indian country, as defined by federal law, or an Alaskan native
village in which at least 50 percent of the adults living in the
Indian country or in the village are not employed.
(c) In cases where a lump-sum diversion payment is provided in
lieu of cash aid under Section 11266.5, the month in which the
payment is made or the months calculated pursuant to subdivision (f)
of Section 11266.5 shall count against the limits specified in
Section 11454.
SEC. 51. Section 11454.6 of the Welfare and Institutions Code is
amended to read:
11454.6. (a) Notwithstanding Section 15200, to the extent that
the exemptions from the time limits on aid specified in paragraphs
(1), (2), (4), and (5) of subdivision (e) of Section 11454 and
subdivision (b) of Section 11454.5 exceed 20 percent of the number of
families aided in a county, for a period as determined by the United
States Department of Health and Human Services, for purposes of
measuring the hardship exemption for time limits, the county shall be
responsible for the amount of aid that would otherwise have been
paid through federal Temporary Assistance for Needy Families block
grant funds pursuant to Section 11450, with respect to those persons
exempt under either paragraphs (1), (2), (4), and (5) of subdivision
(e) of Section 11454 or subdivision (b) of Section 11454.5 that
exceed the 20 percent hardship exemption during the period determined
by the United States Department of Health and Human Services and
provided for in federal law.
(b) Subdivision (a) shall not apply if the statewide percentage of
families aided during that period is 20 percent or less.
(c) The department may determine that a county has good cause for
exceeding the 20-percent limitation provided for in subdivision (a).
Under this determination, the county share may be reduced or waived
by the department.
(d) It is the intent of the Legislature that the steering
committee as specified in Section 10544.317 review this provision to
ensure that:
(1) The state does not exceed the limit on hardship exemptions as
provided in federal law.
(2) Counties are not penalized for circumstances beyond their
control and that statewide flexibility for allocation of the
percentages is assured.
(3) Recipients will have access to the hardship exemption,
regardless of their county of origin.
SEC. 52. Section 11477 of the Welfare and Institutions Code is
amended to read:
11477. As a condition of eligibility for aid paid under this
chapter, each applicant or recipient shall do all of the following:
(a) (1) Assign to the county any rights to support from any other
person the applicant or recipient may have in his or her own behalf
or in behalf of any other family member for whom the applicant or
recipient is applying for or receiving aid, not exceeding the total
amount of cash assistance provided to the family under this chapter.
Receipt of public assistance under this chapter shall operate as an
assignment by operation of law. An assignment of support rights to
the county shall also constitute an assignment to the state. If
support rights are assigned pursuant to this subdivision, the
assignee may become an assignee of record by the district attorney or
other public official filing with the court clerk an affidavit
showing that an assignment has been made or that there has been an
assignment by operation of law. This procedure does not limit any
other means by which the assignee may become an assignee of record.
(2) Support that has been assigned pursuant to paragraph (1) and
that accrues while the family is receiving aid under this chapter
shall be permanently assigned until the entire amount of aid paid has
been reimbursed.
(3) If the federal government does not permit states to adopt the
same order of distribution for preassistance and postassistance child
support arrears that are assigned on or after October 1, 1998,
support arrears that accrue before the family receives aid under this
chapter that are assigned pursuant to this subdivision shall be
assigned as follows:
(A) Child support assigned prior to January 1, 1998, shall be
permanently assigned until aid is no longer received and the entire
amount of aid has been reimbursed.
(B) Child support assigned on or after January 1, 1998, but prior
to October 1, 2000, shall be temporarily assigned until aid under
this chapter is no longer received and the entire amount of aid paid
has been reimbursed or until October 1, 2000, whichever comes first.
(C) On or after October 1, 2000, support assigned pursuant to this
subdivision that was not otherwise permanently assigned shall be
temporarily assigned to the county until aid is no longer received.
(D) On or after October 1, 2000, support that was temporarily
assigned pursuant to this subdivision shall, when a payment is
received from the federal tax intercept program, be temporarily
assigned until the entire amount of aid paid has been reimbursed.
(4) If the federal government permits states to adopt the same
order of distribution for preassistance and postassistance child
support arrears, child support arrears shall be assigned, as follows:
(A) Child support assigned pursuant to this subdivision prior to
October 1, 1998, shall be assigned until aid under this chapter is no
longer received and the entire amount has been reimbursed.
(B) On or after October 1, 1998, child support assigned pursuant
to this subdivision that accrued before the family receives aid under
this chapter and that was not otherwise permanently assigned, shall
be temporarily assigned until aid under this chapter is no longer
received.
(C) On or after October 1, 1998, support that was temporarily
assigned pursuant to this subdivision shall, when a payment is
received from the federal tax intercept program, be temporarily
assigned until the entire amount of aid paid has been reimbursed.
(b) (1) Cooperate with the county welfare department and district
attorney in establishing the paternity of a child of the applicant or
recipient born out of wedlock with respect to whom aid is claimed,
and in establishing, modifying, or enforcing a support order with
respect to a child of the individual for whom aid is requested or
obtained, unless the applicant or recipient qualifies for a good
cause exception as provided in Section 11477.04. The granting of aid
shall not be delayed or denied if the applicant is otherwise
eligible, if the applicant completes the necessary forms and agrees
to cooperate with the district attorney in securing support and
determining paternity, where applicable. The district attorney shall
have staff available, in person or by telephone, at all county
welfare offices and shall conduct an interview with each applicant to
obtain information necessary to establish paternity and establish,
modify, or enforce a support order at the time of the initial
interview with the welfare office. The district attorney shall make
the determination of cooperation. If the applicant or recipient
attests under penalty of perjury that he or she cannot provide the
information required by this subdivision, the district attorney shall
make a finding regarding whether the individual could reasonably be
expected to provide the information, before the district attorney
determines whether the individual is cooperating. In making the
finding, the district attorney shall consider all of the following:
(A) The age of the child for whom support is sought.
(B) The circumstances surrounding the conception of the child.
(C) The age or mental capacity of the parent or caretaker of the
child for whom aid is being sought.
(D) The time that has elapsed since the parent or caretaker last
had contact with the alleged father or obligor.
(2) Cooperation includes the following:
(A) Providing the name of the alleged parent or obligor and other
information about that person if known to the applicant or recipient,
such as address, social security number, telephone number, place of
employment or school, and the names and addresses of relatives or
associates.
(B) Appearing at interviews, hearings, and legal proceedings
provided the applicant or recipient is provided with reasonable
advance notice of the interview, hearing, or legal proceeding and
does not have good cause not to appear.
(C) If paternity is at issue, submitting to genetic tests,
including genetic testing of the child, if necessary.
(D) Providing any additional information known to or reasonably
obtainable by the applicant or recipient necessary to establish
paternity or to establish, modify, or enforce a child support order.
(3) A recipient or applicant shall not be required to sign a
voluntary declaration of paternity, as set forth in Chapter 3
(commencing with Section 7570) of Part 2 of Division 12 of the Family
Code, as a condition of cooperation.
SEC. 52.5. Section 11495.15 of the Welfare and Institutions Code
is amended to read:
11495.15. A county may waive a program requirement for a
recipient who has been identified as a past or present victim of
abuse when it has been determined that good cause exists pursuant to
paragraph (2) of subdivision (f) of Section 11320.3. Until
implementation of the regulations required pursuant to subdivision
(b) of Section 11495.1, a county may utilize standards, procedures,
and protocols currently available, and shall identify them in its
county plan. Waivers shall be reevaluated in accordance with other
routine periodic reevaluations by the county.
SEC. 53. Section 14132.90 of the Welfare and Institutions Code, as
amended by Section 26 of Assembly Bill 2779 of the 1997-98 Regular
Session, is amended to read:
14132.90. (a) As of September 15, 1995, day care habilitative
services, pursuant to subdivision (c) of Section 14021 shall be
provided only to alcohol and drug exposed pregnant women and women in
the postpartum period, or as required by federal law.
(b) (1) Notwithstanding any other provision of law, except to the
extent required by federal law, if, as of May 15, 1999, the projected
costs for the 1998-99 fiscal year for outpatient drug abuse
services, as described in Section 14021, exceed forty-five million
dollars ($45,000,000) in state General Fund moneys, then the
outpatient drug free services, as defined in Section 51341.1 of Title
22 of the California Code of Regulations, shall not be a benefit
under this chapter as of July 1, 1999.
(2) Notwithstanding paragraph (1), narcotic replacement therapy
and Naltrexone shall remain benefits under this chapter.
(3) Notwithstanding paragraph (1), residential care, outpatient
drug free services, and day care habilitative services, for alcohol
and drug exposed pregnant women and women in the postpartum period
shall remain benefits under this chapter.
(c) Expenditures for services purchased at the direction of county
welfare departments on behalf of CalWORKs recipients shall not be
included in the computation of costs for subdivision (b).
SEC. 54. Section 15200 of the Welfare and Institutions Code, as
amended by Section 33 of Chapter 606 of the Statutes of 1997, is
amended to read:
15200. There is hereby appropriated out of any money in the State
Treasury not otherwise appropriated the following sums:
(a) To each county for the support and maintenance of needy
children, 97.5 percent of the sums specified in subdivision (a), and
paragraphs (1) and (2) of subdivision (e) of Section 11450.
(b) To each county for the support and maintenance of pregnant
mothers, 97.5 percent of the sums specified in subdivisions (b) and
(c) of Section 11450.
(c) To each county for the support and maintenance of needy
children, 40 percent of the sum necessary for the adequate care of
each child pursuant to subdivision (d) of Section 11450, after
deducting federal funds available.
(d) Notwithstanding subdivision (c), the amount of funds
appropriated from the General Fund in the annual Budget Act that
equates to the amount claimed under the Emergency Assistance Program
that has been included in the state's Temporary Assistance for Needy
Families block grant for foster care maintenance payments shall be
considered federal funds for the purposes of calculating the county
share of cost, provided the expenditure of these funds contributes to
the state meeting its federal maintenance of effort requirements.
(e) To each county for the support and care of hard-to-place
adoptive children, and after deducting federal funds available, 75
percent of the nonfederal share of the amount specified in Section
16121.
(f) This section shall remain in effect only until July 1, 1995,
or until two years after the implementation of the Child Welfare
Services Case Management System as specified in Section 16501.5,
whichever occurs last, and as of that date is repealed, unless a
later enacted statute which is chaptered before July 1, 1990, or two
years after the implementation of the Child Welfare Services Case
Management System, deletes or extends that date.
SEC. 55. Section 15200 of the Welfare and Institutions Code, as
amended by Section 34 of Chapter 606 of the Statutes of 1997, is
amended to read:
15200. There is hereby appropriated out of any money in the State
Treasury not otherwise appropriated the following sums:
(a) To each county for the support and maintenance of needy
children, 97.5 percent of the sums specified in subdivision (a), and
paragraphs (1) and (2) of subdivision (e), of Section 11450.
(b) To each county for the support and maintenance of pregnant
mothers, 97.5 percent of the sum specified in subdivisions (b) and
(c) of Section 11450.
(c) For the adequate care of each child pursuant to subdivision
(d) of Section 11450, and after deducting federal funds available, as
follows:
(1) For any county which meets the performance standards or
outcome measures in Section 11215, an amount equal to 40 percent of
the sum necessary for the adequate care of each child.
(2) For any county which does not meet the performance standards
or outcome measures in Section 11215, an amount which shall not be
less than 67.5 percent of one hundred twenty dollars ($120), and
multiplied by the number of children receiving foster care in the
county, added to an additional twelve dollars and fifty cents
($12.50) a month per eligible child.
(3) The department shall determine the percentage of state
reimbursement for those counties which fail to meet the requirements
of subparagraph (1) according to the regulations required by
subdivision (b) of Section 11215.
(d) Notwithstanding subdivision (c), the amount of funds
appropriated from the General Fund in the annual Budget Act that
equates to the amount claimed under the Emergency Assistance Program
that has been included in the state's Temporary Assistance for Needy
Families block grant for foster care maintenance payments shall be
considered federal funds for the purposes of calculating the county
share of cost, provided the expenditure of these funds contributes to
the state meeting its federal maintenance of effort requirements.
(e) To each county for the support and care of hard-to-place
adoptive children, and after deducting federal funds available, 75
percent of the nonfederal share of the amount specified in Section
16121.
(f) The State Department of Social Services shall not implement
any change in the current funding ratios to counties as a
reimbursement for out-of-home care placement until the development of
a new performance standard system. The State Department of Social
Services shall notify the Department of Finance when the new
performance standard system is developed and ready for
implementation. The Department of Finance, pursuant to the
provisions of Section 28 of the Budget Act, shall notify the Joint
Legislative Budget Committee in writing of its intent to implement a
new performance standard that would impact the counties' funding
allocation. The notification shall include the text of the draft
regulations to implement the performance standards. Any adjustment
in the county funding allocation shall not be implemented sooner than
60 days after receipt and review of the new performance standard by
the Joint Legislative Budget Committee and a review of the proposed
changes by the Legislative Analyst.
(g) This section shall become operative on July 1, 1995, unless
the Child Welfare Services Case Management System is not implemented
statewide July 1, 1993, as specified in Section 16501.5. If the
Child Welfare Services Case Management System is implemented later
than July 1, 1993, this section shall become operative two years
after the implementation of the Child Welfare Services Case
Management System.
SEC. 56. Section 15204.9 is added to the Welfare and Institutions
Code, to read:
15204.9. The state shall pay 70 percent of the nonfederal
administrative costs of administering the Aid to Families with
Dependent Children Foster Care program under Article 5 (commencing
with Section 11400) of Chapter 2.
SEC. 57. Section 18242 of the Welfare and Institutions Code is
amended to read:
18242. (a) Upon application by a county board of supervisors, the
department may approve demonstration projects in up to three
counties to test models of child support assurance. One of the
projects shall conform to the design contained in Section 18246. The
other two projects shall either test different models of child
support assurance or may test the same model if the two counties in
which that model is tested involve counties with different
demographics.
(b) It is the intent of the Legislature that the purpose of the
demonstration projects authorized by this article is to test child
support assurance models as alternatives to welfare under which
families with earnings and a child support order receive a guaranteed
child support payment, in lieu of a grant under the CalWORKs
program, from funds continuously appropriated for the CalWORKs
program.
(c) A county may determine the maximum number of participants in
that county, but not more than five percent of the county CalWORKs
caseload or 8,000 persons, whichever is greater.
SEC. 58. Section 18244 of the Welfare and Institutions Code is
amended to read:
18244. (a) A family shall be eligible to participate in the
project described in Section 18246 only if, at the time of
application to participate in the child assurance program, the family
is receiving, or has been determined to be eligible to receive, an
aid grant under Chapter 2 (commencing with Section 11200) of Part 3.
(b) A family's participation under this article shall not affect
its eligibility to receive Medi-Cal and child care benefits under
Chapter 2 (commencing with Section 11200) of Part 3, if otherwise
eligible.
SEC. 59. Section 18245 of the Welfare and Institutions Code is
amended to read:
18245. (a) A family shall be eligible to receive a child support
assurance payment on behalf of a child only if the child's custodial
parent has done all of the following:
(1) Assigned the child's right to collect child support to the
state.
(2) Established paternity, obtained a child support order, and is
using the services available under the state plan approved under Part
D (commencing with Section 651) of Chapter 7 of Title 42 of the
United States Code.
(3) Opted to participate in the child assurance program in lieu of
cash assistance under Chapter 2 (commencing with Section 11200) or
its successor program.
(b) (1) Except as provided in paragraph (2), as a condition of
receiving a child support assurance payment under this article, a
custodial parent shall also be required to do both of the following:
(A) Continue to provide all other relevant information that the
applicant has that may be requested by the county.
(B) Appear at required interviews, conference hearings, or legal
proceedings, if notified in advance and an illness or emergency does
not prevent attendance.
(2) A custodial parent shall not be required to comply with
paragraph (1) when compliance would make it more difficult for a
domestic violence victim to escape physical abuse or when cooperation
would increase the risk of further violence or unfairly penalize the
victim.
(c) In order to be eligible under this article, a child shall meet
all of the following conditions:
(1) The child resides in the county.
(2) The child has a noncustodial parent living in the United
States, or if not living in the United States, is subject to service
of process by a state or territory of the United States.
(3) The child is under 18 years of age or, if enrolled in high
school, under 19 years of age.
(4) The custodial parent is employed.
SEC. 60. Section 18246 of the Welfare and Institutions Code is
amended to read:
18246. (a) A child or children shall be eligible to continue to
receive a child support assurance payment under this section only if
the family's income is not more than 150 percent of the federal
poverty level. For family income below the federal poverty level,
the earned income disregard shall be 90 percent. For income between
100 percent and 150 percent of the federal poverty level, the earned
income disregard shall be incrementally decreased until the
assistance benefit reaches zero at 150 percent of the federal poverty
level.
(b) In any month, the child shall receive the greater of the child
support paid by the noncustodial parent or the assured amount as
defined in subdivision (d), less the earned income disregard
specified in subdivision (a). In any month in which the noncustodial
parent pays an amount of support less than the assured amount, the
county shall retain the payment as reimbursement for the assured
amount.
(c) For purposes of this article, the child support assurance
payable to the custodial parent of one or more eligible children
shall be the amount by which the support assurance payment exceeds
the dollar value of the child support, if any, received on behalf of
the family during the month from the noncustodial parent for the
support of any eligible child or children.
(d) The monthly child support assurance payment shall be the sum
of all of the following:
(1) Two hundred fifty dollars ($250) for the first eligible child.
(2) One hundred twenty-five dollars ($125) for the second eligible
child, if any.
(3) Sixty-five dollars ($65) for each subsequent eligible child,
if any.
SEC. 61. Section 18904 of the Welfare and Institutions Code is
amended to read:
18904. Regulations, orders or standards of general application to
implement, interpret or make specific the law relating to this
chapter shall be adopted, amended, or repealed only in accordance
with Section 10554. The director shall also provide for the two
methods as described in Section 18904.1.
SEC. 62. Section 18904.1 of the Welfare and Institutions Code is
amended to read:
18904.1. (a) The director, to the extent permitted by federal
law, shall establish methods for food stamp issuance in all counties
which guarantee to low-income households the health-vital nutritional
benefits available under this chapter and to achieve the most
efficient system for program administration so as to minimize
administrative costs.
(b) The director shall maintain methods for over-the-counter and
mail issuance of food stamps in a county until issuance of food stamp
benefits by electronic benefits transfer for all food stamp
recipients in the county has been implemented pursuant to Chapter 3
(commencing with Section 10065) of Part 1.
(c) Until issuance of food stamp benefits by electronic benefits
transfer has been implemented in a county for all food stamp
recipients, the director shall maintain, in the county, methods for
over-the-counter issuance that guarantee program accessibility in all
cases where a household has been found to be in immediate need of
food assistance or where a household has been determined to be
eligible for the replacement of a previous issuance.
SEC. 63. Notwithstanding Section 17610 of the Government Code, 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. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.