BILL NUMBER: AB 924 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 31, 2011
INTRODUCED BY Assembly Member Logue
FEBRUARY 18, 2011
An act to amend Section 11320 of the Welfare and
Institutions Code, relating to public social services.
An act to amend Sections 11265.2, 11266.5, 11320.2, and 17021 of, to
amend and repeal Section 11454 of, to repeal Se ction
11320.15 of, and to repeal and amend Section 11327.5 of, the Welfare
and Institutions Code, relating to public social services
.
LEGISLATIVE COUNSEL'S DIGEST
AB 924, as amended, Logue. CalWORKs : welfare-to-work.
eligibility: time limits .
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
California Work Opportunity and Responsibility to Kids (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. Existing law provides that
a parent or caretaker relative shall not be eligible for CalWORKs
aid when he or she has received aid for a cumulative total of 60
months. Existing law excludes any month in which certain conditions
exist from being counted as a month of receipt of aid for these
purposes.
This bill would revise the requirements for providing aid under
the CalWORKs program, including reducing the existing time limits on
receipt of aid with a 48-month limit for parents and caregiver
relatives, and requiring a parent or caregiver relative who has
reached that time limit to satisfy federal work requirements in order
for his or her child to continue to receive CalWORKs aid, except as
specified. This bill would require counties to provide specified
notice of the 48-month time limit. The bill would make these changes
operative on the first day of the first month following 90 days after
the effective date of the bill, or July 1, 2011, whichever is later.
This bill would make various related conforming changes. By
increasing county duties in administering the CalWORKs program, the
bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Existing law requires each county to provide cash assistance and
other social services to needy families through the California Work
Opportunity and Responsibility to Kids (CalWORKs) program using
federal Temporary Assistance to Needy Families (TANF) block grant
program, state, and county funds. Existing law requires, with certain
exceptions, that an individual participate in work activities, as
defined, in order to remain eligible for CalWORKs benefits.
This bill would make a technical, nonsubstantive change to a
provision relating to CalWORKs welfare-to-work activities.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11265.2 of the
Welfare and Institutions Code is amended to read:
11265.2. (a) The grant amount a recipient shall be entitled to
receive for each month of the quarterly reporting period shall be
prospectively determined as provided by this section. If a recipient
reports that he or she does not anticipate any changes in income
during the upcoming quarter, compared to the income the recipient
reported actually receiving on the quarterly report form, the grant
shall be calculated using the actual income received. If a recipient
reports that he or she anticipates a change in income in one or more
months of the upcoming quarter, the county shall determine whether
the recipient's income is reasonably anticipated. The grant shall be
calculated using the income that the county determines is reasonably
anticipated in each of the three months of the upcoming quarter.
(b) For the purposes of the quarterly reporting, prospective
budgeting system, income shall be considered to be "reasonably
anticipated" if the county is reasonably certain of the amount of
income and that the income will be received during the quarterly
reporting period. The county shall determine what income is
"reasonably anticipated" based on information provided by the
recipient and any other available information.
(c) If a recipient reports that their income in the upcoming
quarter will be different each month and the county needs additional
information to determine a recipient's reasonably anticipated income
for the following quarter, the county may require the recipient to
provide information about income for each month of the prior quarter.
(d) Grant calculations pursuant to subdivision (a) may not be
revised to adjust the grant amount during the quarterly reporting
period, except as provided in Section 11265.3 and subdivisions (e),
(f), (g), and (h), and as otherwise established by the department.
(e) Notwithstanding subdivision (d), statutes and regulations
relating to (1) the 60-month 48-month
time limit, (2) age limitations for children under Section 11253, and
(3) sanctions and financial penalties affecting eligibility or grant
amount shall be applicable as provided in such
those statutes and regulations. Eligibility and grant
amount shall be adjusted during the quarterly reporting period
pursuant to such those statutes and
regulations effective with the first monthly grant after timely and
adequate notice is provided.
(f) Notwithstanding Section 11056, if an applicant applies for
assistance for a child who is currently aided in another assistance
unit, and the county determines that the applicant has care and
control of the child, as specified by the department, and is
otherwise eligible, the county shall discontinue aid to the child in
the existing assistance unit and shall aid the child in the applicant'
s assistance unit effective as of the first of the month following
the discontinuance of the child from the existing assistance unit.
(g) If the county is notified that a child for whom CalWORKs
assistance is currently being paid has been placed in a foster care
home, the county shall discontinue aid to the child at the end of the
month of placement. The county shall discontinue the case if the
remaining assistance unit members are not otherwise eligible.
(h) If the county determines that a recipient is no longer a
California resident, pursuant to Section 11100, the recipient shall
be discontinued. The county shall discontinue the case if the
remaining assistance unit members are not otherwise eligible.
SEC. 2. Section 11266.5 of the Welfare
and Institutions Code is amended to read:
11266.5. (a) Every applicant for aid under this chapter shall be
informed of the availability of lump-sum diversion services to
resolve the circumstances that require the family to apply for
assistance prior to the family's approval for aid.
(b) When an applicant is determined to be eligible for assistance
under this chapter, the county shall assess whether the applicant
would benefit from the lump-sum diversion program. The county shall
make this determination in its sole discretion. In making this
determination, the county shall consider whether the applicant is
likely to be able to avoid the need for extended assistance beyond
the diversion period if the family was provided one-time assistance.
In making this determination, the county may consider any of the
following:
(1) The applicant's employment history.
(2) The likelihood of the applicant obtaining immediate full-time
employment.
(3) The applicant's general prospect for obtaining full-time
employment.
(4) The applicant's need for cash assistance to pay for housing or
substantial and unforseen expenses or work-related expenses.
(5) Housing stability.
(6) The adequacy of the applicant's child care arrangements, if
applicable.
(c) If the county determines, pursuant to subdivision (b), that an
applicant could benefit from a lump-sum diversion payment, the
county shall inform the applicant of its determination.
(d) An applicant for aid under this chapter may either participate
in the lump-sum diversion program or decline participation in
diversion and, instead, receive aid as otherwise provided for in this
chapter.
(e) Lump-sum diversion services provided under this section may
include any cash or noncash payment and shall be negotiated by the
county and the applicant in order to assist the applicant in avoiding
the need for aid under this chapter.
(f) If, after accepting a diversion payment pursuant to this
section, the individual reapplies for aid under this chapter within
the amount of time that corresponds with the number of months of aid
that would have been received under this chapter that was received as
a diversion payment, excluding a partial month, and he or she is
determined to be eligible for aid, the county shall, at the option of
the recipient, either recoup from the recipient's grant, over a
period of time to be determined by the county, the amount of the
diversion payment that the recipient received, or count the period of
time that corresponds to the number of months of aid that would have
been received, excluding a partial month of aid, towards the
60-month 48-month time limit on aid
specified in subdivision (b) (a) of
Section 11454.
(g) To the extent permitted by federal law, lump-sum diversion
payments shall not be considered income for the purpose of
determining eligibility for food stamps.
(h) Any child support collected by the applicant or recovered by
the county shall not be used to offset the diversion payment.
(i) During the period of the diversion, the applicant family shall
be eligible for Medi-Cal and child care assistance pursuant to
Article 15.5 (commencing with Section 8350) of Chapter 2 of Part 6 of
the Education Code, if otherwise eligible.
SEC. 3. Section 11320.15 of the Welfare
and Institutions Code is repealed.
11320.15. After a participant has received aid for a total of 60
months, pursuant to Section 11454, he or she shall be removed from
the assistance unit for the purposes of calculation of aid under
Section 11450 and he or she shall no longer be required to
participate in welfare-to-work activities. Additional welfare-to-work
services may be provided to the recipient, at the option of the
county. If the county provides services to the recipient after the
60-month limit has been reached, the recipient shall participate in
community service.
SEC. 4. Section 11320.2 of the Welfare
and Institutions Code is amended to read:
11320.2. (a) Commencing July 1, 2011, subject to subdivision (g),
the county shall conduct self-sufficiency reviews with all aided
caretaker relatives and the adult caretaker or minor parent
head-of-household in child-only cases, except for individuals who are
exempt from welfare-to-work activities pursuant to Section 11320.3.
Reviews shall be conducted every six months, except as otherwise
provided in this subdivision. For an assistance unit determined to be
eligible under this chapter on or after July 1, 2011, reviews shall
be conducted at the end of the assistance unit's second and fourth
quarterly reporting periods. The review at the fourth quarterly
reporting period shall be conducted with the annual redetermination,
on the same day and in the same location. The notice, scheduling, and
accommodation requirements used for the annual redetermination shall
be utilized uniformly for the self-sufficiency reviews. For an
assistance unit determined to be eligible under this chapter prior to
July 1, 2011, reviews shall be conducted starting at the end of each
assistance unit's second quarterly reporting period and with the
next regularly scheduled redetermination, and then annually
thereafter.
(b) The county shall provide notification to individuals for whom
a review has been scheduled, not less than 60 calendar days prior to
the appointment, and provide for a process for rescheduling, if
necessary, on a date not to exceed 20 calendar days beyond the
scheduled review.
(c) Self-sufficiency reviews shall be conducted by a county social
worker or employment services worker.
(d) The purposes of the self-sufficiency review are to determine
barriers to participation, including those that may establish the
basis for an exemption, to assess needed services and resources, and
to provide tools to connect the recipient with the needed services
and activities in order to increase his or her work or community
service participation pursuant to Section 11320.
(e) (1) If the recipient fails to attend the review, the county
shall provide the recipient with a notice that the county shall
reduce the recipient's benefits by 50 percent after 30 calendar days,
unless the participant has complied or provided good cause. Prior to
reducing benefits by 50 percent, the county shall attempt to make
personal contact, consistent with current practice as exercised for
the annual redetermination, to remind the recipient that attending
the self-sufficiency review is required, or, if contact is not made,
shall send a reminder notice to the recipient no later than five days
prior to the end of the 30-calendar day period. The county may
determine at any time prior to reducing benefits by 50 percent for
failure to attend the self-sufficiency review, or after the sanction
has been imposed, that a recipient had good cause for failing to
attend the self-sufficiency review. A notice regarding a 50-percent
reduction in benefits shall be rescinded when the self-sufficiency
review is completed.
(2) If the participant is found to not comply with the requirement
to attend the self-sufficiency review, the benefits shall be reduced
by 50 percent.
(3) The county may determine, at any time prior to the end of the
30-calendar day period following the reduction of benefits by 50
percent for failure to attend the self-sufficiency review, or after
the sanction has been imposed, that a recipient had good cause for
failing to attend the review. If the county finds a recipient had
good cause, it shall rescind the reduction in benefits notice. Good
cause exists only when the recipient cannot reasonably be expected to
fulfill his or her responsibilities, due to factors beyond the
recipient's control.
(f) Not later than January 1, 2013, the county shall provide the
department with an evaluation of the implementation of the
self-sufficiency reviews that addresses the effectiveness of the
reviews in meeting the goals stated in subdivision (d). Upon receipt
of all of the county evaluations, the department shall forward the
evaluations to the relevant fiscal and policy committees of the
Legislature for review.
(g) An aided adult who is fully meeting the hours of participation
required of CalWORKs recipients under applicable state law shall not
be subject to self-sufficiency reviews.
(h) A review conducted in accordance with this section that occurs
at either the 42nd or 54th
month of aid pursuant to Section 11454 shall include all of the
components specified in subdivision (a), and shall also include
information and a warning to the individual regarding the upcoming
consequences of reaching the 48-month or 60-month
time limits limit , depending on the
specific circumstances of the case. The review shall occur six months
before the applicable time limit. However, if a
recipient returns to aided status when fewer than six months remain
before the 60-month 48-month time
limit, he or she shall receive a review under this section within a
reasonable time prior to the 60th 48th
month, as determined by the county.
(i) This section shall become operative on July 1, 2011.
SEC. 5. Section 11327.5 of the
Welfare and Institutions Code , as amended by Section
2 of Chapter 8 of the 4th Extraordinary Session of the Statutes of
2009, is repealed.
11327.5. (a) Sanctions shall be imposed in accordance with
subdivision (b) or (c), as appropriate, if an individual has failed
or refused to comply with program requirements without good cause and
conciliation efforts, as described in Section 11327.4, have failed.
(b) The sanctions provided for in subdivisions (c) and (d) shall
not apply to an individual who is exempt from the requirements of
this article but is voluntarily participating in the program. If that
individual engages in conduct that would bring about the actions
provided for in subdivisions (c) and (d), except for his or her
status as a voluntary program participant, the individual shall not
be given priority so long as other individuals are actively seeking
to participate.
(c) Financial sanctions for failing or refusing to comply with
program requirements without good cause shall cause a reduction in
the family's grant by removing the noncomplying family member from
the assistance unit for a period of time specified in subdivision
(d).
(1) For families that qualify for aid due to unemployment of the
family's primary wage earner, the sanctioned parent shall be removed
from the assistance unit. Unless the spouse or the family's second
parent meets the provisions of subparagraph (A) of paragraph (2), if
the sanctioned parent's spouse or the family's second parent is not
participating in the program, both the sanctioned parent and the
spouse or second parent shall be removed from the assistance unit.
The county shall notify the spouse of the noncomplying participant or
second parent in writing at the commencement of conciliation of his
or her own opportunity to participate and the impact on sanctions of
that participation.
(2) (A) Except as provided in subparagraph (B), exemption criteria
specified in Section 11320.3, conciliation specified in Section
11327.4, and good cause criteria specified in Section 11320.31 and
subdivision (f) of Section 11320.3 shall apply to the sanctioned
parent's spouse or the family's second parent.
(B) Exemption criteria specified in paragraphs (5) and (6) of
subdivision (b) of Section 11320.3 do not apply to a spouse or second
parent who is participating to avoid the sanction of the
noncomplying parent.
(C) If the sanctioned parent's spouse or the family's second
parent chooses to participate to avoid the noncomplying parent's
sanction, subsequently fails or refuses to participate without good
cause, and does not conciliate, he or she shall be removed from the
assistance unit for a period of time specified in subdivision (d).
(D) If the sanctioned parent's spouse or the family's second
parent is under his or her own sanction at the time of the first
parent's sanction, the spouse or second parent shall not be provided
the opportunity to avoid the first parent's sanction until the spouse
or second parent's sanction is completed.
(3) For families that qualify due to the absence or incapacity of
a parent, only the noncomplying parent shall be removed from the
assistance unit.
(4) If the noncomplying individual is the only dependent child in
the family, his or her needs shall not be taken into account in
determining the family's need for assistance and the amount of the
assistance payment.
(5) If the noncomplying individual is one of several dependent
children in the family, his or her needs shall not be taken into
account in determining the family's need for assistance and the
amount of the assistance payment.
(d) An instance of noncompliance without good cause shall result
in a financial sanction. This sanction shall terminate at any point
if the noncomplying participant performs the activity or activities
he or she previously refused to perform.
(e) Sanctions shall become effective on the first day of the first
payment-month that the sanctioned individual's needs are removed
from aid under this chapter.
(f) In the event this section conflicts with federal law, the
department shall adopt regulations to conform to federal law.
(g) This section shall remain in effect only until July 1, 2011,
and as of that date is repealed.
SEC. 6. Section 11327.5 of the
Welfare and Institutions Code , as added by Section 3
of Chapter 8 of the 4th Extraordinary Session of the Statutes of
2009, is amended to read:
11327.5. (a) Sanctions shall be imposed in accordance with
subdivision (b) or (c), as appropriate, if an individual has failed
or refused to comply with program requirements without good cause and
conciliation efforts, as described in Section 11327.4, have failed.
(b) The sanctions provided for in subdivisions (c) and (d) shall
not apply to an individual who is exempt from the requirements of
this article but is voluntarily participating in the program. If that
individual engages in conduct that would bring about the actions
provided for in subdivisions (c) and (d), except for his or her
status as a voluntary program participant, the individual shall not
be given priority so long as other individuals are actively seeking
to participate.
(c) Financial sanctions for failing or refusing to comply with
program requirements without good cause shall cause a reduction in
the family's grant, in accordance with subdivision (d).
(1) For families that qualify for aid due to unemployment of the
family's primary wage earner, the sanctioned parent shall be removed
from the assistance unit. Unless the spouse or the family's second
parent meets the provisions of subparagraph (A) of paragraph (2), if
the sanctioned parent's spouse or the family's second parent is not
participating in the program, both the sanctioned parent and the
spouse or second parent shall be removed from the assistance unit.
The county shall notify the spouse of the noncomplying participant or
second parent in writing at the commencement of conciliation of his
or her own opportunity to participate and the impact on sanctions of
that participation.
(2) (A) Except as provided in subparagraph (B), exemption criteria
specified in Section 11320.3, conciliation specified in Section
11327.4, and good cause criteria specified in Section 11320.31 and
subdivision (f) of Section 11320.3 shall apply to the sanctioned
parent's spouse or the family's second parent.
(B) Exemption criteria specified in paragraphs (5) and (6) of
subdivision (b) of Section 11320.3 do not apply to a spouse or second
parent who is participating to avoid the sanction of the
noncomplying parent.
(C) If the sanctioned parent's spouse or the family's second
parent chooses to participate to avoid the noncomplying parent's
sanction, subsequently fails or refuses to participate without good
cause, and does not conciliate, he or she shall be removed from the
assistance unit for a period of time specified in subdivision (d).
(D) If the sanctioned parent's spouse or the family's second
parent is under his or her own sanction at the time of the first
parent's sanction, the spouse or second parent shall not be provided
the opportunity to avoid the first parent's sanction until the spouse
or second parent's sanction is completed.
(3) For families that qualify due to the absence or incapacity of
a parent, only the noncomplying parent shall be removed from the
assistance unit.
(4) If the noncomplying individual is the only dependent child in
the family, his or her needs shall not be taken into account in
determining the family's need for assistance and the amount of the
assistance payment.
(5) If the noncomplying individual is one of several dependent
children in the family, his or her needs shall not be taken into
account in determining the family's need for assistance and the
amount of the assistance payment.
(d) (1) An instance of noncompliance without good cause shall
result in a financial sanction, consisting of removing the
noncomplying family member from the assistance unit, after the
noncompliance persists for three cumulative months. The conciliation
process described in Section 11327.4 shall occur during the first 30
days of this three-month period. A sanction under this section shall
terminate at any point if the noncomplying participant performs the
activity or activities he or she previously refused to perform.
(2) (A) If the instance of noncompliance persists for three
cumulative months, the county shall review and assess the
circumstances of the noncomplying individual in order to determine
and identify potential barriers to participation, assess the need for
services or resources, and provide tools to connect the individual
with services and activities. The review and assessment shall be
conducted by a social worker or employment services worker. The
county shall make a good faith effort to remediate any barriers that
are identified. If barriers relating to substance abuse, mental
health, or domestic violence are suspected, the county shall schedule
assessments with an employment specialist or social worker for the
individual in order to assess and review for treatment. This review
shall occur within 30 days after the grant reduction made pursuant to
paragraph (1).
(B) If the county fails to conduct a review or remediate any
issues pursuant to this paragraph, or if the county determines that
the individual is in compliance pursuant to paragraph (1), or is
exempt from welfare-to-work requirements, the sanction shall
terminate. If failure to conduct a review or remediate an issue is
the result of the recipient's noncompliance, the sanction shall
continue.
(3) (A) If the instance of noncompliance persists for an
additional three cumulative months after a grant reduction is made
pursuant to paragraph (1), the grant shall be decreased by an amount
equal to 25 percent of the child-only grant, which already reflects
the removal of the parent.
(B) If the instance of noncompliance persists for an additional
three cumulative months after the family's grant is reduced under
subparagraph (A), a second review and assessment shall be conducted
in accordance with the requirements of paragraph (2). The second
review and assessment shall be conducted within 30 days of the most
recent grant reduction pursuant to subparagraph (A). After the review
and assessment conducted under this paragraph, if the instance of
noncompliance persists for an additional three cumulative months
after the most recent reduction, the family's aid grant shall be
decreased by an amount equal to 50 percent of the child-only grant
level that existed prior to the 25-percent reduction.
(C) At any time, if the noncomplying member is determined to be
exempt, or comes into compliance with applicable CalWORKs work
requirements, the sanction shall terminate and the full aid grant
amount shall be restored.
(4) (A) With respect to an assistance unit from which the adult's
share of the grant has been terminated due to the expiration of the
60-month 48-month period provided for
pursuant to Section 11454, the county shall impose the sanctions
provided for in this section only if the county makes available to
the adult necessary child care services, and all applicable
exemptions. If the Legislature has made a specific appropriation for
transportation services for families who have exceeded the
60-month 48-month time limit and the county has
not made this service available to the adult, as necessary, a
sanction shall not be imposed. These cases shall receive a review
pursuant to subdivision (g) of Section 11320.2 at the 42nd
or 54th month of aid in preparation for this assessment by
the county, including reviewing possible exemptions and discussing
possible grant reductions if the family is not in compliance after
the 60 48 months with the state
participation requirements, as determined by the county. The
individual shall receive notice of the review, which shall include
informing the individual of the risk of having the grant further
reduced by 25 percent if the parent does not comply with CalWORKs
requirements after the 48th or 60th month on aid,
as well as opportunities to come into compliance and services that
may be available from the county.
(B) If the county determines after the 48th or 60th
month on aid that the adult is not in compliance and does
not otherwise meet exemption criteria, such as SSI eligibility or
being an elderly caregiver, and the service requirements of the
county as specified in subparagraph (A) have been met, then the aid
grant shall be decreased by an amount equal to 25 percent of the
child-only portion of the grant, thus resulting in a grant level
equal to 75 percent of the child-only grant level in the 47th
or 59th month, or the month prior to entering the
safety net. Review and assessment pursuant to paragraph (2) shall be
scheduled with the adult in this assistance unit at this time.
(C) If the noncompliance persists for three cumulative months
after the grant reduction pursuant to subparagraph (B) the review and
assessment conducted pursuant to paragraph (2), and the county has
met the service
requirements specified in subparagraph (A), then the aid grant shall
be decreased by an amount equal to 50 percent of the child-only aid
grant thus resulting in a grant level equal to 50 percent of the
child-only grant level in the 47th or 59th month,
or the month prior to entering the safety net.
(D) At any time, if the noncomplying member is determined to be
exempt from welfare-to-work activities, or comes into compliance with
applicable CalWORKs work requirements, the sanction shall terminate
and the full aid grant amount shall be restored.
(5) (A) After 60 48 full months of
aid, with respect to an assistance unit for which there is no adult
share due to the adult being (i) not lawfully present in the United
States, (ii) a person described by Section 608(a)(9)(A) of Title 42
of the United States Code, or (iii) convicted of any offense
classified as a felony by the law of the jurisdiction involved and
that has as an element of the possession, use, or distribution of a
controlled substance, as defined in Section 802(6) of Title 21 of the
United States Code, the county shall apply the sanction provisions
contained in subparagraph (B) to the assistance unit allowing for all
applicable exemptions. If the county makes available to the adult,
at county expense or pursuant to a specific General Fund
appropriation, necessary supportive services of child care and
transportation, in addition to community service opportunities, and
the family is in compliance with work requirements the family shall
receive the full child-only grant. These cases shall receive a
self-sufficiency review pursuant to subdivision (g) of Section
11320.2 at the 54th month of aid, in preparation for this assessment
by the county, including reviewing possible exemptions, and
discussing possible grant reductions if the family is not in
compliance with the state participation requirements after
60 48 months, as determined by the county.
(B) If the county determines after the 60
48 months of aid that the adult does not otherwise meet
exemption criteria, including those that acknowledge the adult's
inability to work, such as SSI eligibility or being an elderly
caregiver, and the service requirements of the county as specified in
subparagraph (A) have been met, then the aid grant shall be
decreased by an amount equal to 25 percent of the child-only portion
of the grant amount, thus resulting in a grant level equal to 75
percent of the child-only grant level in the 59th month or the month
prior to entering the safety net. Review and assessment pursuant to
paragraph (2) shall be scheduled with the adult in this assistance
unit at this time.
(C) If the noncompliance persists for three cumulative months
after the review and assessment conducted pursuant to paragraph (2),
and the service requirements of the county as specified in
subparagraph (A) have been met, the family's aid grant shall be
decreased to an amount equal to 50 percent of the child-only portion
of the grant amount, thus resulting in a grant level equal to 50
percent of the child-only grant level in the 59th
47th month prior to entering the safety net.
(D) At any time, if the noncomplying member is determined to be
exempt from welfare-to-work activities, or comes into compliance with
applicable CalWORKs work requirements, the sanction shall terminate
and the full aid grant amount shall be restored.
(e) Sanctions shall become effective on the first day of the first
payment-month that the sanctioned individual's needs are removed or
further reductions are made to aid under this chapter.
(f) The additional monetary sanctions imposed in subdivision (d)
shall not apply if the only sanctioned individual in the family is a
dependent child.
(g) The county shall send individuals subject to sanction a notice
by the end of their second cumulative month on sanction, and a
notice by the end of their fifth cumulative month on sanction,
reminding them that their aid will further decrease if the sanction
is not cured by the end of the third or sixth month, respectively.
(h) In addition to the notice required pursuant to subdivision
(d), counties shall attempt to contact the noncompliant individual
prior to imposing a sanction reducing the family's aid. This contact
may be achieved through telephone calls, letters, home visits, or
some combination of these methods.
(i) The review and assessment described in paragraph (2) of
subdivision (d) shall be deemed to satisfy the requirements for a
self-sufficiency review pursuant to Section 11320.2 if the review and
assessment occurs within the same month that a self-sufficiency
review under Section 11320.2 would have been scheduled. If failure to
conduct the review or assessment is the result of the recipient's
noncompliance, the sanction or further reduction shall become
effective under this chapter.
(j) Any review or assessment required under this section may be
conducted through face-to-face meetings or home visits.
(k) This section shall become operative on July 1, 2011.
SEC. 7. Section 11454 of the
Welfare and Institutions Code , as amended by Section 5
of Chapter 8 of the Fourth Extraordinary Session of the Statutes of
2009, is amended to read:
11454. (a) (1) 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
48 months.
(2) After a parent or caretaker relative has received aid for a
total of 48 months, pursuant to paragraph (1), he or she shall be
removed from the assistance unit for the purposes of calculation of
aid under Section 11450, and he or she shall no longer be required to
participate in welfare-to-work activities, except to the extent
required under subdivision (d).
(b) No month in which aid has been received prior to January 1,
1998, shall be taken into consideration in computing the
60-month 48-month limitation provided for in
subdivision (a).
(c) Subdivision (a) 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.
(d) This section shall remain in effect only until July 1, 2011,
and as of that date is repealed.
(d) A parent or caregiver relative who has reached the time limit
specified in subdivision (a), and who would not be exempt from
welfare-to-work activities under subdivision (b) of Section 11320.3,
shall satisfy federal work requirements during any time that the
child of the parent or caregiver relative continues to receive aid
under this chapter, or aid to the child shall be terminated.
(e) Counties shall notify families of the reduction in time
limitations specified in this section within a reasonable time
following the effective date of the act that added this subdivision.
SEC. 8. Section 11454 of the
Welfare and Institutions Code , as added by Section 6 of
Chapter 8 of the Fourth Extraordinary Session of the Statutes of
2009, is repealed.
11454. (a) 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.
(b) No month in which aid has been received prior to January 1,
1998, shall be taken into consideration in computing the 60-month
limitation provided for in subdivision (a), or the 48-month
limitation provided for in subdivision (e).
(c) Subdivision (a) 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.
(d) A month in which an individual is under sanction for
noncompliance pursuant to Section 11327.5 shall be taken into
consideration in computing the 60-month time limit on receipt of cash
assistance pursuant to subdivision (a), but shall not be counted for
purposes of the receipt of welfare-to-work services pursuant to
Section 11320.
(e) The 60-month benefit limit provided for in subdivision (a)
shall apply, except that aid may not be received for more than 48
cumulative months in any 60-month period. The adult may return to the
assistance unit 12 months after receiving aid for the 48 cumulative
months. In the absence of a sanction pursuant to Section 11327.5, the
full grant shall be restored at the time the adult returns to the
assistance unit.
(f) This section shall become operative on July 1, 2011.
(g) Counties shall notify families of the reduction in time
limitations specified in this section, within a reasonable time
following the effective date of this section.
SEC. 9. Section 17021 of the Welfare
and Institutions Code is amended to read:
17021. (a) Any individual who is not eligible for aid under
Chapter 2 (commencing with Section 11200) of Part 3 as a result of
the 60-month 48-month limitation
specified in subdivision (a) of Section 11454 shall not be eligible
for aid or assistance under this part until all of the children of
the individual on whose behalf aid was received, whether or not
currently living in the home with the individual, are 18 years of age
or older.
(b) Any individual who is receiving aid under Chapter 2
(commencing with Section 11200) of Part 3 on behalf of an eligible
child, but who is either ineligible for aid or whose needs are not
otherwise taken into account in determining the amount of aid to the
family pursuant to Section 11450 due to the imposition of a sanction
or penalty, shall not be eligible for aid or assistance under this
part.
(c) This section shall not apply to health care benefits provided
under this part.
SEC. 10. Sections 1, 2, 4, 6, 7, and 9 of this act
shall become operative on July 1, 2011, or the first day of the
first month following 90 days after the effective date of the act,
whichever is later.
SEC. 11. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.
SECTION 1. Section 11320 of the Welfare and
Institutions Code is amended to read:
11320. Any reference to the Greater Avenues for Independence
program or (GAIN) means the welfare-to-work activities under the
CalWORKs program provided for in this article.