BILL NUMBER: SB 1293 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 13, 2012
INTRODUCED BY Senator Emmerson
FEBRUARY 23, 2012
An act to add Section 110673.1 to the Health and Safety
Code, relating to food. amend Section 11253.5 of, to
amend and repeal Sections 11450.01, 11450.015, 11450.017, 11450.018,
11450.019, 11450.02, 11450.03, and 11454.6 of, to amend, add, and
repeal Sections 11450 and 11451.5 of, to amend, repeal, a
nd add Sections 11253.3, 11454, 11454.5, and 11475.3 of, to add
Sections 11271, 11271.5, 11272, 11273, 11274, 11275, 11276, 11277,
11278, 11279, 11280, 11281, 11282, 11283, 11329.6, 11334.9, 11453.3,
and 11496 to, to add Article 3 (commencing with Section 11300),
Article 3.5 (commencing with Section 11330), Article 4 (commencing
with Section 11340), and Article 8 (commencing with Section 11520) to
Chapter 2 of Part 3 of Division 9 of, to repeal Section
11454.2 of, and to repeal Article 2.2 (commencing with
Section 11271), Article 2.5 (commencing with Section 11275), Article
3.2 (commencing with Section 11320.33), Article 3.5 (commencing with
Section 11331), Article 3.6 (commencing with Section 11336), Article
3.9 (commencing with Section 11349), Article 4 (commencing with
Section 11350.61), Article 8 (commencing with Section 11500), Article
9 (commencing with Section 11520), Article 9.5 (commencing with
Section 11525), and Article 9.7 (commencing with Section 11526) of
Chapter 2 of Part 3 of Division 9 of, the Welfare and Institutions
Code, relating to CalWORKs, and declaring the urgency thereof, to
take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 1293, as amended, Emmerson. Food safety: allergens.
CalWORKs program.
Existing federal law provides for allocation of federal funds
through the federal Temporary Assistance for Needy Families (TANF)
block grant program to eligible states, with California's version of
this program being known as the California Work Opportunity and
Responsibility to Kids (CalWORKs) program. Under the CalWORKs
program, each county provides cash assistance and other benefits to
qualified low-income families and individuals who meet specified
eligibility criteria, including limitations on income and assets
generally applicable to public assistance programs. Existing law
establishes maximum aid amounts for CalWORKs recipients, with
adjustments for cost-of-living, as specified.
Under existing law, operative as specified, a parent or caretaker
relative is not eligible for CalWORKs aid after he or she has
received CalWORKs aid or TANF aid from any state, for a cumulative
total of 48 months. However, months during which certain conditions
exist are not counted toward a recipient's 48-month aid limit. Under
existing law, with certain exceptions, every individual, as a
condition of eligibility for aid under the CalWORKs program, is
required to participate in welfare-to-work activities.
This bill would restructure, revise, and recast various aspects of
the law relating to the CalWORKs program, beginning on the later of
the first day of the first month following 90 days after the
effective date of the bill, or October 1, 2012. The bill would create
3 separate categories of aid under the program. The CalWORKs Basic
Program would provide up to 24 months of welfare-to-work and
supportive services to eligible families. The CalWORKs Plus Program
would provide for a higher grant level for recipients meeting federal
work participation requirements. The Child Maintenance Program would
apply to an assistance unit that does not include an eligible adult,
and would provide specified aid, including cash aid, and an annual
well-child medical exam, to the assistance unit. The bill would
specify the eligibility requirements and time limits for each aid
category.
This bill would decrease the amount of CalWORKs maximum aid
payments, and would establish maximum aid payment schedules for
CalWORKs Basic, CalWORKs Plus, and the Child Maintenance Program. The
bill also would revise the schedules pursuant to which an assistance
unit's earned income would be exempted for purposes of calculating
family income in determining the appropriate maximum aid payment.
This bill would eliminate the existing Cal-Learn Program, which is
currently suspended under existing law, and would provide instead
for a welfare-to-work teen parent program, which would require cash
supplements to be paid to the assistance unit of which the teen
parent is a member, when the teen parent maintains satisfactory
progress in school and satisfactorily completes high school or a
California high school equivalency examination.
This bill would include within the cumulative 48-month time limit
for aid all months of aid received from January 1, 1998, to the
operative date of the bill.
This bill also would make numerous technical, nonsubstantive, and
conforming changes.
This bill would authorize the State Department of Social Services
to implement and administer the bill through all-county letters or
similar instructions from the director until regulations are adopted.
The bill would require the department to adopt emergency regulations
implementing its provisions no later than July 1, 2014.
By imposing new duties on counties in connection with the
administration of the CalWORKs program, and by expanding certain
circumstances under which an assistance unit would be required to
submit documentation signed under penalty of perjury, 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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
This bill would declare that it is to take effect immediately as
an urgency statute.
Existing federal law deems food to be misbranded if it contains a
major food allergen, as defined, unless the labeling contains
specified information.
The existing Sherman Food, Drug, and Cosmetic Law, administered
and enforced by the State Department of Public Health, provides that
any food is misbranded if the labeling does not conform with the
federal requirements for food allergen labeling. Violation of the law
or any regulation adopted pursuant to the law is a misdemeanor.
This bill would require, to the extent permitted by federal law,
the State Department of Public Health to adopt certain standards for
use of the terms "gluten free" and "wheat free" on food labels. By
changing the definition of a crime, this 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 no reimbursement is required by this
act for a specified reason.
Vote: majority 2/3 . Appropriation:
no. Fiscal committee: yes. State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11253.3 of the
Welfare and Institutions Code is amended to read:
11253.3. (a) On and after the effective dates of the age
extensions provided in subdivision (k) of Section 11403, a nonminor
dependent, as defined in subdivision (v) of Section 11400, who was
receiving CalWORKs aid and was placed in the approved home of a
relative under the supervision of the county child welfare or
probation department or Indian tribe that has entered into an
agreement pursuant to Section 10553.1, and who has become eligible
for continued receipt of CalWORKs pursuant to Section 11403, shall
not be subject to this chapter, except as specified in subdivision
(b).
(b) The nonminor dependent shall continue to receive the same
grant amount as a CalWORKs grant recipient in an assistance unit of
one, pursuant to the amount set forth in Section 11450. Any changes
to the CalWORKs grant amount shall also apply to the nonminor
dependent's grant.
(c) This section shall become inoperative on the first day of the
first month following 90 days after the effective date of the act
that added this section, or October 1, 2012, whichever is later, and
as of January 1, 2014, is repealed, unless a later enacted statute
that is enacted before January 1, 2014, deletes or extends the dates
on which it becomes inoperative and is repealed.
SEC. 2. Section 11253.3 is added to the
Welfare and Institutions Code , to read:
11253.3. (a) On and after the effective dates of the age
extensions provided in subdivision (k) of Section 11403, a nonminor
dependent, as defined in subdivision (v) of Section 11400, who was
receiving CalWORKs aid and was placed in the approved home of a
relative under the supervision of the county child welfare or
probation department or Indian tribe that has entered into an
agreement pursuant to Section 10553.1, and who has become eligible
for continued receipt of CalWORKs pursuant to Section 11403, shall
not be subject to this chapter, except as specified in subdivision
(b).
(b) The nonminor dependent shall continue to receive the same
grant amount as a CalWORKs Basic Program grant recipient in an
assistance unit of one in the amount set forth in Section 11450. Any
changes to the CalWORKs grant amount shall also apply to the nonminor
dependent's grant.
(c) This section shall become operative on the first day of the
first month following 90 days after the effective date of the act
that added this section, or October 1, 2012, whichever is later.
SEC. 3. Section 11253.5 of the Welfare
and Institutions Code is amended to read:
11253.5. (a) All children in an assistance unit for whom school
attendance is compulsory, except individuals who are
eligible for the Cal-Learn Program under Article 3.5 (commencing with
Section 11331), for any period during which that article is
operative, and children subject to a county school
attendance project under Article 2 (commencing with Section 18236) of
Chapter 3.3 of Part 6, shall be required to attend school.
(b) Applicants for and recipients of aid under this chapter shall
be informed of the attendance requirement and it shall be included in
the recipient's welfare-to-work plan under Section 11325.21.
(c) A recipient shall cooperate in providing the county with
documentation routinely available from the school or school district
of regular attendance of all applicable children in the assistance
unit when the county determines it is appropriate.
(d) If it is determined by the county that any eligible child
under the age of 16 years is not regularly attending school as
required, the needs of all adults in the assistance unit shall not be
considered in computing the grant of the family under Section 11450
unless it has been determined by the county that good cause exists.
(e) If it is determined by the county that any child in the
assistance unit who is age 16 years or older is not regularly
attending school as required, or participating pursuant to a
welfare-to-work plan, the needs of the child shall not be considered
in computing the grant of the family under Section 11450 unless it
has been determined by the county that good cause exists.
SEC. 4. Article 2.2 (commencing with Section
11271) of Chapter 2 of Part 3 of Division 9 of the Welfare
and Institutions Code is repealed.
SEC. 5. Section 11271 is added to the
Welfare and Institutions Code , to read:
11271. For purposes of this article, the following definitions
shall apply:
(a) "Restricted payment" means payment of homeless assistance
benefits in the form of either of the following:
(1) A vendor payment to the provider of shelter or utilities, or
both.
(2) A two-party payment for rent or utilities, or both.
(b) "Recipient" means a recipient of aid pursuant to subdivision
(a) of Section 11450.
(c) "Two-party payment" means a check which is drawn jointly to
the order of the recipient and the service provider and is negotiable
only upon the endorsement of both parties.
(d) "Vendor payment" means a voucher or a check drawn to the order
of the service provider.
(e) "Homeless assistance benefits" means benefits paid pursuant to
paragraph (2) of subdivision (f) of Section 11450 and Section
11450.4.
SEC. 6. Section 11271.5 is added to the
Welfare and Institutions Code , to read:
11271.5. (a) Restricted payments for homeless assistance benefits
shall be provided by a county welfare department to a recipient, if
either or both of the following criteria are met:
(1) The recipient has mismanaged CalWORKs funds, as described in
Section 11273 and in accordance with federal law.
(2) The recipient has voluntarily requested restricted payments.
(b) A request pursuant to paragraph (2) of subdivision (a) shall
be in writing from the recipient and shall be recorded and retained
in the case file by the county welfare department.
(c) At the option of the county welfare department, restricted
payments made pursuant to subdivision (a) may be made for utilities
as well as shelter.
SEC. 7. Section 11272 is added to the
Welfare and Institutions Code , to read:
11272. When restricted payments are provided to a recipient, the
county welfare department shall do all of the following:
(a) Issue the vendor or two-party payment by either of the
following methods, at the discretion of the county:
(1) Mail or delivery to the recipient for delivery to the service
provider.
(2) Mail or delivery directly to the service provider.
(b) In order to develop greater ability on the part of the
recipient to manage funds in a manner that protects the welfare of
the family:
(1) Provide each family with informational materials designed to
improve the recipient's ability to manage funds.
(2) Refer the family to appropriate services, where those services
exist.
(c) Provide for timely and correct vendor payments and two-party
payments.
SEC. 8. Section 11273 is added to the
Welfare and Institutions Code , to read:
11273. (a) Homeless assistance provided pursuant to paragraph (2)
of subdivision (f) of Section 11450 shall be subject to restricted
payments consistent with federal regulations if the county welfare
department has made a determination that mismanagement exists.
Instances where mismanagement exists include, but are not limited to,
the following:
(1) Nonpayment of rent unless nonpayment is due to:
(A) A rent increase that results in the recipient's share of the
rent being over 80 percent of the maximum aid payable pursuant to
Section 11450.
(B) Domestic violence by a spouse, partner, or roommate.
(C) Reasonable exercise of a tenant's right to withhold rent for
cause.
(2) The homeless assistance payment was not used for shelter.
(3) The recipient or applicant fails to provide verification that
homeless assistance payments were used for shelter.
(b) To the extent allowed by federal law, the department is
authorized to issue regulations defining additional situations when
mismanagement may exist.
SEC. 9. Section 11274 is added to the
Welfare and Institutions Code , to read:
11274. (a) Notwithstanding Section 11271, for purposes of this
section, the following definitions shall apply:
(1) "CalWORKs benefits" means benefits paid pursuant to
subdivision (a) of Section 11450.
(2) "Recipient" means a recipient of aid pursuant to subdivision
(a) of Section 11450.
(3) "Restricted payment" means payment of CalWORKs benefits in the
form of either of the following:
(A) A vendor payment to the provider of shelter or utilities, or
both.
(B) A two-party payment for rent or utilities, or both.
(4) "Two-party payment" means a check that is drawn jointly to the
order of the recipient and the service provider and is negotiable
only upon the endorsement of both parties.
(5) "Vendor payment" means a voucher or check drawn to the order
of the service provider.
(b) A county may, at its option, provide restricted payments for
CalWORKs on behalf of a recipient to the provider of shelter or
utilities, or both, if the county determines that the recipient has
demonstrated an inability to manage funds such that payments to the
relative have not been or are not currently used in the best interest
of the child. A recipient shall be presumed to have mismanaged funds
if he or she has previously failed to pay rent within the past 12
months, unless the failure was due to a significant rent increase, a
reasonable exercise of a tenant's right to withhold rent for repair
and deduct, or domestic violence by a spouse, partner, or roommate.
(c) If the county, at its option, elects to establish a program to
provide restricted payments to the provider of shelter or utilities,
or both, the county shall do all of the following:
(1) Provide restricted payments on behalf of recipients who
request them, in addition to making involuntary restricted payments
to those persons to whom subdivision (b) applies.
(2) Continue voluntary restricted payments for not less than three
months, unless the county determines that exceptional circumstances
exist that require that the restricted payments be ended earlier.
(3) If a recipient notifies the county at least two weeks prior to
the issuance of the next regular rental payment that he or she
wishes to exercise his or her right to withhold rent due to
untenantable conditions, issue a two-party check to the recipient
requiring endorsement of both the landlord and the recipient.
(4) If a recipient notifies the county at least two weeks prior to
the issuance of the next regular rental payment that he or she
wishes to exercise his or her right to repair and deduct the money
pursuant to Section 1942 of the Civil Code, and the amount the tenant
wishes to deduct, deduct that amount from the restricted payment to
the landlord and add the amount to the recipient's grant check.
(5) If a recipient notifies the county at least two weeks prior to
the issuance of the next regular rental payment that he or she
intends to move, provide the next regular rental payment to the new
landlord. If the recipient indicates his or her intent to move but
does not provide the name and address of the new landlord, the county
shall terminate restricted payments for rent until the name and
address of a new landlord is provided.
(d) (1) In no case is a landlord entitled to payment under this
section for days that the recipient was not residing at the landlord'
s property.
(2) If a landlord does receive a restricted payment pursuant to
this section for days that the recipient did not reside at the
landlord's property, the landlord shall remit to the county welfare
department an amount that represents the overpaid rent.
(3) The county may not assess an overpayment against a recipient
for payments made to a landlord for periods in which the recipient
was not residing at that location.
(4) A landlord may not base an eviction or late fee upon failure
to receive rent due to county administrative error.
(5) If the notice from the recipient is given less than two weeks
prior to a move, the county shall pay the new landlord as soon as
practicable.
(6) Nothing in this subdivision shall be construed to prevent a
landlord accepting restricted payments from pursuing existing
remedies against a tenant or former tenant for money that may be owed
by the tenant to the landlord.
(e) Restricted payments shall expire after a period of 12 months,
unless the recipient requests a continuation of that period or the
county finds that the recipient continues to experience money
management problems. The county shall provide notification to the
recipient within 30 days of the expiration of the restricted payment.
(f) When restricted payments are provided on behalf of a
recipient, the county welfare department shall do all of the
following:
(1) Either of the following:
(A) Mail or deliver the voucher or check to the recipient for
delivery to the service provider.
(B) Mail or deliver the voucher or check directly to the service
provider.
(2) Provide timely notification to the recipient that the
restricted payment has been made.
(3) Refer the family to appropriate money management services,
where those services exist.
(g) If the restricted payment involves a third party, the
third-party payee shall be an individual or organization interested
in, or concerned with, the recipient's welfare, and shall not include
any employees of the county welfare department or parties that are
vendors that stand to gain financially from doing commercial business
with the recipient. To the extent possible, the selection of a
third-party payee shall be made by the recipient, or with his or her
participation and consent.
(h) Any landlord who accepts a restricted payment of CalWORKs
benefits shall not require his or her tenant to pay the last month's
rent in advance or retain any portion of the tenant's security
deposit as rent owing.
(i) (1) Nothing in this section shall be construed to prevent a
landlord who accepts a restricted payment of rent pursuant to this
section from charging a cleaning or damage deposit, or a deposit for
both cleaning and damage, in an amount that does not exceed an amount
equal to rent for one month.
(2) Nothing in this section shall be construed to limit the rights
of tenants provided under Section 1942 of the Civil Code.
SEC. 10. Article 2.5 (commencing with Section
11275) of Chapter 2 of Part 3 of Division 9 of the Welfare
and Institutions Code is repealed.
SEC. 11. Section 11275 is added to the
Welfare and Institutions Code , to read:
11275. (a) Only verification of information necessary to
determine past or present eligibility for, or the computation or
delivery of, aid shall be requested from an applicant for or
recipient of aid under this chapter. Additional information necessary
for the administration of the CalWORKs program may be requested, but
the individual's eligibility for aid shall not be delayed, denied,
or terminated due to his or her inability to provide this
information.
(b) Within 10 days from the date of application, the county shall
identify and provide written notice of documents and alternative
documents, if applicable, that may be submitted to verify
eligibility.
SEC. 12. Section 11276 is added to the
Welfare and Institutions Code , to read:
11276. (a) Whenever a former recipient of aid applies for aid
before the expiration of one year from the effective date of
discontinuance, the county shall examine the existing case file to
determine whether the necessary verification is in the possession of
the county if any of the following criteria are present:
(1) The applicant does not have easy access to the verification.
(2) There is a cost associated with obtaining the verification.
(3) The time needed to obtain the verification would delay the
application.
(b) The county shall not be required to examine the existing case
file if it would be unreasonable to expect the file to contain the
needed verification because the circumstance for which the
verification is needed did not exist during the period for which the
applicant previously received aid.
(c) Notwithstanding subdivision (a), whenever a former recipient
of aid applies for aid within the calendar month following the
effective date of a discontinuance, a county shall not require the
former recipient to furnish any documentation previously provided to
the county unless the documentation is absent from the existing file
and the documentation affects eligibility or the amount of aid.
(d) The retrieval and examination of the file shall be conducted
in a timely manner to ensure the prompt determination of eligibility
for aid.
(e) At the time an applicant described in subdivisions (a) and (c)
is requested to obtain and submit to the county verification of
eligibility, the county shall inform the applicant, in writing, of
the requirements of this section.
SEC. 13. Section 11277 is added to the
Welfare and Institutions Code , to read:
11277. (a) When an applicant or recipient establishes that he or
she has made a good faith effort to obtain information or
verification from a third party, including any other public agency,
and the third party fails or refuses to provide the information or
verification or seeks to impose a charge or fee for providing the
information to the applicant or recipient, the county shall assist
the applicant or recipient in obtaining the information or
verification from the third party, and when necessary, shall obtain
the document.
(b) If it is necessary to pay a fee imposed by a third party to
obtain the information or verification, the county shall pay that fee
on behalf of the applicant or recipient.
(c) If the county finds that the applicant or recipient has not
made a good faith effort to obtain the information or verification,
it shall document its reasons for the finding in the individual's
file.
(d) Any notice requesting verification shall clearly inform
applicants and recipients of the requirements of this section.
SEC. 14. Section 11278 is added to the
Welfare and Institutions Code , to read:
11278. No application for aid may be denied for failure to
provide verification if the applicant is cooperating in obtaining the
information requested, except as required by Section 11268.
SEC. 15. Section 11279 is added to the
Welfare and Institutions Code , to read:
11279. (a) If an applicant is denied assistance solely due to
failure to provide verification of eligibility, but subsequently
submits all required verifications within 30 days of the date of the
denial notice, denial shall be rescinded, and if eligibility is
approved, aid shall be granted based on the original application.
(b) The notice of denial of aid for failure to provide
verification of eligibility shall advise the applicant of his or her
right to have the denial rescinded if he or she meets the
requirements of this section.
SEC. 16. Section 11280 is added to the
Welfare and Institutions Code , to read:
11280. (a) In complying with Section 10353 of the Public Contract
Code, a contractor shall give priority consideration to qualified
recipients of aid under this chapter. For purposes of this section,
priority consideration means that a contractor shall hire all
qualified job applicants who are recipients of aid under this chapter
and who apply within five working days of the listing of the job
opening with the Employment Development Department, before hiring any
other applicant.
(b) Notwithstanding any other law, participation by a recipient of
aid under this chapter shall be voluntary only, and in no event
shall any person be subject to sanctions, through loss of benefits or
eligibility, for not applying for, accepting, or continuing in such
a position.
(c) Contractors shall immediately list with the appropriate local
office of the Employment Development Department all suitable
employment openings in positions funded by a contract subject to
Section 10353 of the Public Contract Code. The Employment Development
Department shall advise qualified recipients of aid of these
openings and shall refer them to the contractor within five working
days from the listing of the openings. The Employment Development
Department shall advise recipients of aid of the voluntary nature of
an application for such an opening, and that the recipients shall
have priority in being hired for these openings, provided the
recipient possesses all the necessary skills and meets all
requirements of the employer.
(d) This section and Section 10353 of the Public Contract Code may
be waived by the Governor, if requested to do so by the state agency
involved, in order to address an emergency which threatens the
public health or safety, the state's natural resources, or the
economy. If an emergency waiver is granted, notification including
reasons for the waiver shall be forwarded to the Joint Legislative
Budget Committee within five working days.
SEC. 17. Section 11281 is added to the
Welfare and Institutions Code , to read:
11281. The order to show cause or notice of motion described in
subdivision (j) of Section 17520 of the Family Code shall be filed
and heard in the superior court. If, however, criminal proceedings
pursuant to paragraph (4) of subdivision (a) of Section 166 of the
Penal Code, relating to a support order, or pursuant to Section 270
of the Penal Code are pending against the applicant in the municipal
court, in a county in which there is a municipal court, an order to
show cause or notice of motion for judicial review of the district
attorney's decision not to issue a release may be filed and heard in
that court.
SEC. 18. Section 11282 is added to the
Welfare and Institutions Code , to read:
11282. (a) Whenever an unrelated adult resides with a family
applying for or receiving aid under this chapter, he or she shall be
required to make a financial contribution to the family which shall
not be less than it would cost to provide the adult with an
independent living arrangement.
(b) The minimum financial contribution to the family shall be
determined in accordance with standards established by the department
that take into account the adult person's income and expenses. The
regulations formulated by the department shall require the parent or
caretaker relative of the children and the unrelated adult to present
all of the facts in connection with the sharing of expenses which
comprise the agreement whereby that adult resides with the family.
The conditions of the agreement and the facts related to the sharing
of the family expenses shall be signed under penalty of perjury by
both the parent or caretaker relative of the child and the unrelated
adult. In the event that either the parent, caretaker relative, or
the unrelated adult willfully and knowingly fails to cooperate during
the period when the joint sharing of expenses arrangement exists in
setting forth all of the facts in accordance with provisions of this
section, aid to the family may be discontinued.
(c) This section does not apply to a bona fide paying lodger,
roomer, or boarder living in the home of a family applying for or
receiving aid under this chapter.
SEC. 19. Section 11283 is added to the
Welfare and Institutions Code , to read:
11283. (a) Any parent whose absence is the basis upon which an
application is filed for aid on behalf of a child shall complete and
return to the county within 15 days after service pursuant to Section
17415 of the Family Code a written statement of his or her current
monthly income, his or her total income over the past 12 months, a
description of all real and personal property owned by him or her,
together with an estimate of its value, the number of dependents for
whom he or she is providing support, the amount he or she is
contributing regularly toward the support of all children for whom
application for aid is made under this chapter, his or her social
security number, his or her current monthly living expenses, and any
other information as is pertinent to determining his or her ability
to support his or her children.
(b) A violation of this section constitutes a misdemeanor.
SEC. 20. Article 3 (commencing with Section 11300)
is added to Chapter 2 of Part 3 of Division 9 of the
Welfare and Institutions Code , to read:
Article 3. CalWORKs Basic Program
11300. (a) This article shall be known and may be cited as the
CalWORKs Basic Program.
(b) The Legislature finds and declares as follows:
(1) The CalWORKs program, which replaced the federal Aid to
Families with Dependent Children program in 1998, contains federally
required time limits on the receipt of aid and work participation
requirements for adult recipients. CalWORKs also provides monthly
assistance to children whose parents are not eligible for aid.
(2) Initially, counties were successful in moving employable
CalWORKs families to the labor market, evidenced by the substantial
decline in the welfare caseload from 921,000 cases in 1994-95 to a
low of 460,000 cases in 2006- 07.
(3) With the steep rise in unemployment stemming from the
recession, the caseload has increased and its composition has
changed. Over time, the caseload of children receiving aid has become
larger than the caseload that is subject to work requirements.
Additionally, severe budget reductions, including cuts to employment
and child care services, have further constrained the work first/work
pays focus of the program.
(4) Absent any changes, General Fund costs for CalWORKs are
projected to grow by more than five hundred million dollars
($500,000,000) in 2012-13, compared to the 2011 Budget Act. For the
last two fiscal years, the state has achieved savings through a
significant reduction in funding for counties to provide employment
and child care. Over time, however, these changes have significantly
eroded the work focus of the CalWORKs program, and left the state
more vulnerable to federal penalties related to the state's work
participation rate. Also, in 2005, federal welfare reform was
modified to further restrict countable work activities and to require
states to have 50 percent of the program's caseload meeting federal
work participation levels.
(5) Thus, major programmatic changes are necessary to refocus the
work emphasis of the program and better utilize the state's limited
resources. The CalWORKs program will be restructured to include
initial work-focused services and a work mandate aligned to federal
requirements.
(6) Initially, the CalWORKs Basic Program shall assist
work-eligible families to move toward self-sufficiency by providing
up to 24 months of welfare-to-work services, including job search,
employment training, child care, and barrier removal services, such
as substance abuse, mental health, and assistance for victims of
domestic violence.
(7) Recipients who do not meet work requirements via unsubsidized
employment after an initial job search shall be placed in the
CalWORKs Basic Program and shall be required to participate in
welfare-to-work activities. After the first 12 months, each adult
shall again participate in job search. If, during the second 12
months, an adult remains unable to find unsubsidized employment, the
adult shall continue to participate in welfare-to-work activities,
including subsidized job placements.
(8) The substantial caseload of children-only households will
receive aid under a new Child Maintenance Program designed to provide
these households with a basic level of income maintenance.
Recipients who do not meet federal work participation requirements
after 24 months or cases in sanction status for more than three
months will also be eligible for the Child Maintenance Program.
11301. (a) Upon a determination of eligibility for CalWORKs, an
assistance unit that includes an eligible adult shall receive
assistance under the CalWORKs Basic Program in accordance with this
article.
(b) Unless exempt in accordance with subdivision (b) of Section
11320.3, an adult member of an assistance unit that is eligible for
the CalWORKs Basic Program shall participate in welfare-to-work
activities as required in this article and shall receive supportive
services in accordance with Section 11323.2.
(c) Except as provided in Section 11327.5 and in subdivision (f),
an assistance unit eligible for aid under this article shall receive
a grant in accordance with the maximum aid payment for the CalWORKs
Basic Program in the appropriate region, in accordance with Section
11450, that corresponds to the number of individuals in the
assistance unit.
(d) The earned income disregard described in subdivision (a) of
Section 11451.5 and the child support disregard described in Section
11475.3 shall apply to the income of the family for purposes of
calculating grants provided under the CalWORKs Basic Program.
(e) (1) Notwithstanding subdivision (a) or any other law, an
assistance unit in which all adults have been sanctioned for a
cumulative total of three months within a consecutive 12-month period
in accordance with Sections 11327.4 and 11327.5 shall be ineligible
for the CalWORKs Basic Program until any sanction or sanctions are
cured.
(2) If an assistance unit that has previously become ineligible
for the CalWORKs Basic Program in accordance with paragraph (1) is
subject to any subsequent sanction and all adults in the assistance
unit are sanctioned, the assistance unit shall be ineligible for the
CalWORKs Basic Program commencing the month in which the sanction was
applied to the assistance unit.
(3) If a sanction described in this subdivision is cured in
accordance with subdivision (d) of Section 11327.5, the assistance
unit shall be eligible for the CalWORKs Basic Program in accordance
with Section 11305 the month subsequent to the month in which the
sanction was cured.
(f) (1) An assistance unit that includes an individual who cured a
sanction and who became eligible for the CalWORKs Basic Program in
accordance with paragraph (3) of subdivision (e) shall receive a
grant in accordance with the maximum aid payment for the CalWORKs
Basic Program in the appropriate region in accordance with Section
11450 that corresponds to the number of individuals in the assistance
unit with the exception of the member who was subject to the
sanction.
(2) If the individual described in paragraph (1) remains compliant
with the welfare-to-work requirements described in this article for
a period of two calendar months, the grant to an assistance unit
described in paragraph (1) shall be adjusted to also include the
member who was subject to the sanction.
(3) An individual who does not remain compliant in accordance with
paragraph (2) shall be subject to sanction in accordance with
paragraph (2) of subdivision (e).
11302. (a) An assistance unit that meets the requirements of
Section 11301 is eligible for CalWORKs Basic Program assistance for a
cumulative period of 24 months.
(b) For an assistance unit that contains an eligible adult who has
never received assistance under this chapter, or from any state
pursuant to 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.)), the 24-month time limit
described in this section shall elapse simultaneously with the time
requirements described in Section 11454.
(c) Notwithstanding subdivision (a) or any other law, an
assistance unit that contains an eligible adult who has received
assistance under this chapter, or from any state pursuant to 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.)), shall remain eligible for the CalWORKs
Basic Program until the date the CalWORKs Plus Program becomes
operative pursuant to Section 11333, unless either of the following
applies:
(1) The adult exceeds the 48-month time limitation described in
Section 11454 prior to the date the CalWORKs Plus Program becomes
operative pursuant to Section 11333.
(2) The adult is ineligible for the CalWORKs Basic Program in
accordance with subdivision (e) of Section 11301.
(d) (1) Commencing the date the CalWORKs Plus Program becomes
operative pursuant to Section 11333, any month of aid received
between January 1, 1998, and the operative date of the CalWORKs Plus
Program, inclusive, that was not applied to the time limits described
in subdivision (a) of Section 11454, in accordance with Sections
11454, 11454.5, and 11495.1, as they existed immediately prior to the
operative date of the act that added this section, shall be applied
to the assistance unit's remaining period of eligibility for CalWORKs
Basic Program assistance described in subdivision (a).
(2) Paragraph (1) shall not apply to any month of aid that was not
applied to the time limits described in this subdivision pursuant to
paragraph (1) of subdivision (a) of Section 11454.5, as added by the
act that added this subdivision.
(e) (1) In the case of an individual who has received months of
aid as described in paragraph (2) of subdivision (a) of Section
11454.5, as added by the act that added this subdivision, the time
limitations described in this section shall apply without
consideration of those months.
(2) If an assistance unit that includes an individual described in
paragraph (1) is eligible for the Child Maintenance Program
described in Article 4 (commencing with Section 11340) or the
CalWORKs Plus Program described in Article 3.5 (commencing with
Section 11330), notwithstanding subdivision (a) of Section 11342 and
in accordance with subdivision (a) of Section 11332, the calculation
of the grant for the assistance unit shall also include that
individual as a member of the assistance unit for the number of
months the individual was exempt from the 48-month time limitation
described in Section 11454.
(f) For an assistance unit that contains more than one eligible
adult, the time limits described in this section shall be based on
the eligible adult who has received assistance for the least period
of time.
11303. An assistance unit that does not contain an eligible
adult, that has received CalWORKs Basic Program assistance in excess
of the time requirements described in Section 11302, or that is
ineligible for the CalWORKs Basic Program in accordance with
subdivision (e) of Section 11301, that is otherwise eligible for aid
under this chapter, shall be eligible for assistance in the Child
Maintenance Program described in Article 4 (commencing with Section
11340).
11304. Commencing on the date the CalWORKs Plus Program becomes
operative pursuant to Section 11333, an assistance unit that is
eligible for the CalWORKs Basic Program that meets the work
participation requirements described in Sections 11320 and 11322.8
solely by means of unsubsidized employment shall be eligible for the
CalWORKs Plus Program described in Article 3.5 (commencing with
Section 11330).
11305. (a) If an assistance unit that is eligible under this
article, Article 3.5 (commencing with Section 11330) or Article 4
(commencing with Section 11340), becomes eligible for the CalWORKs
Plus Program, or becomes ineligible for the CalWORKs Plus Program or
the CalWORKs Basic Program, the assistance unit shall be eligible for
assistance under this article, Article 3.5 (commencing with Section
11330), or Article 4 (commencing with Section 11340), as of the first
day of the next calendar month.
(b) If the change in eligibility described in subdivision (a)
results in a decrease in the grant amount provided to the assistance
unit, that change shall become effective on the first day of the next
calendar month following timely and adequate notice of the adverse
action.
11320. It is the intent of the Legislature that all of the
following occur:
(a) Individuals required to participate in
welfare-to-work-activities in accordance with Section 11320.3 meet
the federal work participation requirements under Section 607(c) of
Title 42 of the United States Code.
(b) Participants meet the minimum average hours per week as
described in Section 607(c) of Title 42 of the United States Code,
subject to the limitations on the types of activities, limitations on
certain activities, and special rules described in that section.
(c) The welfare-to-work procedures described in this article shall
be implemented in accordance with the requirements of Section
11322.8, and notwithstanding this article or any other law, be
interpreted consistent with the requirements of Section 607(c) of
Title 42 of the United States Code.
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 607(d) of Title 42 of the United States Code, 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 in accordance with Section 11322.8.
11320.3. (a) 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.
(b) The following individuals shall not be required to participate
for as long as the condition continues to exist:
(1) An individual under 16 years of age.
(2) (A) A child attending an elementary, secondary, vocational, or
technical school on a full-time basis.
(B) 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.
(C) Notwithstanding subparagraph (B), a person who is 16 or 17
years of age, who has obtained a high school diploma or its
equivalent, and is enrolled or is planning to enroll in a
postsecondary education, vocational, or technical school training
program also shall not be required to participate for as long as the
condition continues to exist.
(D) For purposes of subparagraph (C), a person shall be deemed to
be planning to enroll in a postsecondary education, vocational, or
technical school training program if he or she, or his or her parent,
acting on his or her behalf, submits a written statement expressing
his or her intent to enroll in such a program for the following term.
The exemption from participation shall not continue beyond the
beginning of the term, unless verification of enrollment is provided,
or obtained by the county.
(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 that 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, to the extent that those responsibilities
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 exempted 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 for whom
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 paragraph (1), (2), (5), (6), or (7) of subdivision (b),
shall be required to participate solely for the purpose of earning a
high school diploma or its equivalent.
(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) 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 the federal Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (Public Law 104-193), as
amended. 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.
11320.31. Sanctions shall not 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 on any basis listed in
subdivision (a) of Section 12940 of the Government Code, as those
bases are defined in Sections 12926 and 12926.1 of the Government
Code, except as otherwise provided in Section 12940 of the Government
Code.
(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 the individual'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 pursuant to this subdivision 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 workers' 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 Section 607(d)(4) and (d)(7) of
Title 42 of the United States Code 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.
11321.6. (a) A county plan may provide that the program provided
for in this article shall apply to recipients of aid under Part 5
(commencing with Section 17000), except that no funds appropriated
for purposes of this article shall be utilized for purposes of
applying this article to these individuals.
(b) A county plan may also provide that the program provided for
in this article shall apply to refugees receiving Refugee Cash
Assistance.
(c) The county shall maintain separate accounting records of
expenditures related to applicants for, and recipients of, aid under
this chapter, and for the individuals to whom the program applies
pursuant to subdivisions (a) and (b). If a county elects to apply the
program provided for in this article to refugees receiving Refugee
Cash Assistance or to refugee recipients of aid under Part 5
(commencing with Section 17000), costs of applying the program shall
be funded from the county's federal social services and targeted
assistance allocation, as provided for under Chapter 5.5 (commencing
with Section 13275).
(d) If, pursuant to subdivision (a), a county elects to apply the
program provided for in this article to refugees or to recipients of
aid under Part 5 (commencing with Section 17000), these individuals
shall have the same rights, duties, and responsibilities that a
participant has who is an applicant for, or a recipient of, aid under
this chapter. Any participation by general assistance recipients
shall not constitute any actual or implied responsibility for, or
assumption of, costs of general assistance by the state.
11322.2. Counties shall continually monitor their program
expenditures throughout the fiscal year. If a county determines that
its anticipated expenditures will exceed the amount of that year's
allocations as a result of an unexpected event, including caseload
increases, court cases, or significant justifiable increases in
component costs, the county shall immediately notify the department.
11322.4. It is the intent of the Legislature to fund
welfare-to-work activities under this article so that all recipients
of aid under this chapter for whom participation under this article
is required can be served and, in addition, so that recipients
voluntarily participating under this article can be served.
11322.5. (a) It is the intent of the Legislature to do each of
the following:
(1) Maximize the ability of CalWORKs recipients to benefit from
the federal Earned Income Tax Credit (EITC), including retroactive
EITC credits and the Advance EITC, take advantage of the
earned-income disregard to increase their federal Supplemental
Nutrition Assistance Program (SNAP) benefits, and accumulate credit
toward future social security income.
(2) Educate and empower all CalWORKs participants who receive the
federal EITC to save or invest part or all of their credits in
instruments such as individual development accounts, 401(k) plans,
403(b) plans, IRAs, 457 plans, Coverdell ESA plans, restricted
accounts pursuant to subdivision (a) of Section 11155.2, or 529
college savings plans, and to take advantage of the federal Assets
for Independence program and other matching funds, tools, and
training available from public or private sources, in order to build
their assets.
(b) It is the intent of the Legislature that counties encourage
CalWORKs recipients to participate in activities that will maximize
their receipt of the EITC. To this end, counties may do all of the
following:
(1) Structure welfare-to-work activities pursuant to Section 607
(d) of Title 42 of the United States Code to give recipients the
option of maximizing the portion of their CalWORKs benefits that
meets the definition of "earned income" in Section 32(c)(2) of the
Internal Revenue Code.
(2) Inform CalWORKs recipients of each of the following:
(A) That earned income, either previous or future, may make them
eligible for the federal EITC, including retroactive EITC credits and
the Advance EITC, increase their federal SNAP benefits, and
accumulate credit toward future social security income.
(B) That recipients, as part of their welfare-to-work plans, have
the option of engaging in subsidized employment, and that
participating in this activity will increase their earned income to
the extent that they meet the requirements of federal law.
(C) That receipt of the federal EITC does not affect their
CalWORKs grant and is additional tax-free income for them.
(D) That a CalWORKs recipient who receives the federal EITC may
invest these funds in an individual development account, 401(k) plan,
403(b) plan, IRA, 457 plan, 529 college savings plan, Coverdell ESA,
or restricted account, and that investments in these accounts will
not make the recipient ineligible for CalWORKs benefits or reduce the
recipient's CalWORKs benefits.
(3) At each regular eligibility redetermination, the county shall
ask a recipient whether the recipient is eligible for, and takes
advantage of, the EITC. If the recipient may be eligible and does not
participate, the county shall give the recipient the federal EITC
form and encourage and assist the recipient to take advantage of it.
11322.6. The welfare-to-work plan developed by the county welfare
department and the participant pursuant to this article shall
provide for welfare-to-work activities. Welfare-to-work activities
shall be consistent with the requirements of Section 607(c) and (d)
of Title 42 of the United States Code.
11322.62. Employers, sponsors of training activities, and
contractors shall not discriminate against participants on any basis
listed in subdivision (a) of Section 12940 of the Government Code, as
those bases are defined in Sections 12926 and 12926.1 of the
Government Code, except as otherwise provided in Section 12940 of the
Government Code.
11322.63. (a) For counties that implement a welfare-to-work plan
that includes subsidized private sector or public sector employment
activities, the State Department of Social Services shall pay the
county 50 percent, less fifty-six dollars ($56), of the total wage
costs of an employee for whom a wage subsidy is paid, subject to all
of the following conditions:
(1) (A) For participants receiving CalWORKs aid, the maximum state
contribution to the total wage cost shall not exceed 100 percent of
the computed grant for the assistance unit in the month prior to
participation in subsidized employment.
(B) For participants who have received aid in excess of the time
limits provided in subdivision (a) of Section 11454, the maximum
state contribution of the total wage cost shall not exceed 100
percent of the computed grant for the assistance unit in the month
prior to participation in subsidized employment.
(C) In the case of an individual who participates in subsidized
employment as a service provided by a county pursuant to Section
11323.25, the maximum state contribution to the total wage cost shall
not exceed 100 percent of the computed grant that the assistance
unit received in the month prior to participation in the subsidized
employment.
(D) The maximum state contribution, as defined in this paragraph,
shall remain in effect until the end of the subsidy period, as
specified in paragraph (2), including with respect to subsidized
employment participants whose wage results in the assistance unit no
longer receiving a CalWORKs grant.
(E) State funding provided for total wage costs shall only be used
to fund wage and nonwage costs of the county's subsidized employment
program.
(2) State participation in the total wage costs pursuant to this
section shall be limited to a maximum of six months of wage subsidies
for each participant. If the county finds that a longer subsidy
period is necessary in order to mutually benefit the employer and the
participant, state participation in a subsidized wage may be offered
for up to 12 months.
(3) Eligibility for entry into subsidized employment funded under
this section shall be limited to individuals who are not otherwise
employed at the time of entry into the subsidized job, and who are
current CalWORKs recipients, sanctioned individuals, or individuals
who have exceeded the time limits specified in subdivision (a) of
Section 11454. A county may continue to provide subsidized employment
funded under this section to individuals who become ineligible for
CalWORKs benefits in accordance with Section 11323.25.
(b) Upon application for CalWORKs after a participant's subsidized
employment ends, if an assistance unit is otherwise eligible within
three calendar months of the date that subsidized employment ended,
the income exemption requirements in Section 11451.5 and the work
requirements in subdivision (c) of Section 11201 shall apply. If aid
is restored after the expiration of that three-month period, the
income exemption requirements in Section 11450.12 and the work
requirements in subdivision (b) of Section 11201 shall apply.
(c) The department, in conjunction with representatives of county
welfare offices and their directors and the Legislative Analyst's
Office, shall assess the cost neutrality of the subsidized employment
program pursuant to this section and make recommendations to the
Legislature, if necessary, to ensure cost neutrality. The department
shall testify regarding the cost neutrality of the subsidized
employment program during the 2012-13 fiscal year legislative budget
hearings.
(d) No later than January 10, 2013, the State Department of Social
Services shall submit a report to the Legislature on the outcomes of
implementing this section that shall include, but need not be
limited to, all of the following:
(1) The number of CalWORKs recipients that entered subsidized
employment.
(2) The number of CalWORKs recipients who found nonsubsidized
employment after the subsidy ended.
(3) The earnings of the program participants before and after the
subsidy.
(4) The impact of the program on the state's work participation
rate.
(e) Payment of the state's share in total wage costs required by
this section shall be made in addition to, and independent of, the
county allocations made pursuant to Section 15204.2.
(f) For purposes of this section, "total wage costs" include the
actual wage paid directly to the participant that is allowable under
the Temporary Assistance for Needy Families program.
11322.7. (a) Every county shall provide an adequate range of
those activities described in Section 11322.6 to ensure each
participant's access to needed activities and services to assist him
or her in seeking employment, to provide education and training the
participant needs to find self-supporting work, and to arrange for
placement in paid or unpaid work settings that will enhance a
participant's ability to obtain unsubsidized employment.
(b) No plan shall require job search and work experience of
participants to the exclusion of a range of activities to be offered
to recipients.
11322.8. (a) Unless otherwise exempt, an adult recipient in a
one-parent assistance unit shall participate in welfare-to-work
activities for the minimum average hours per week described in
Section 607(c)(1)(A) of Title 42 of the United States Code, subject
to the limitations and special rules described in that section.
(b) Unless otherwise exempt, an adult recipient who is an
unemployed parent, as defined in Section 11201, shall participate in
welfare-to-work activities for the minimum average hours per week
described in Section 607(c)(1)(B) of Title 42 of the United States
Code, subject to the limitations and special rules described in that
section.
(c) If the provisions of federal law described in this section are
amended subsequent to the effective date of the act that added this
article, the department shall adopt requirements that mandate that an
adult recipient described in this section participate in
welfare-to-work consistent with those amendments, to the extent
required to meet the minimum work requirements imposed by federal
law.
11322.9. (a) Community service activities shall meet all of the
following criteria:
(1) Be performed in the public and private nonprofit sector.
(2) Provide participants with job skills that can lead to
unsubsidized employment.
(3) Comply with the antidisplacement provisions contained in
Section 11324.6.
(b) Participants in community service activities shall do all of
the following:
(1) Participate in a community service activity for the number of
hours required by Section 11322.8, unless fewer hours of community
service participation are required by federal law.
(2) Participate in other work activities for the number of hours
equal to the difference between the hours of participation in
community service and the number of hours of participation required
under Section 11322.8.
(c) The county plan pursuant to Section 10531 shall include a
component, developed by the county in collaboration with local
private sector employers, local education agencies, county welfare
departments, organized labor, recipients of aid under this chapter,
and government and community-based organizations providing job
training and economic development, in order to identify all of the
following:
(1) Unmet community needs that could be met through community
service activities.
(2) The target population to be served.
(3) Entities responsible for project development, fiscal
administration, and case management services.
(4) The terms of community service activities that, to the extent
feasible, shall be temporary and transitional, and not permanent.
(5) Supportive efforts, including job search, education, and
training, which shall be provided to participants in community
service activities.
(d) Aid under this chapter for any participant who fails to comply
with the requirements of this section without good cause shall be
reduced in accordance with Section 11327.5.
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 (e) 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) A child in foster care receiving benefits under Title IV-E of
the federal Social Security Act (42 U.S.C. Sec. 670 et seq.), or a
child who would become a dependent child except for the receipt of
federal Supplemental Security Income benefits pursuant to Title XVI
of the federal Social Security Act (42 U.S.C. Sec. 1381 et seq.),
shall be deemed to be a dependent child for the purposes of this
paragraph.
(D) The provision of care and payment rates under this paragraph
shall be governed by Article 15.5 (commencing with Section 8350) of
Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code.
(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 receive, to the extent
available, 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 services to either a recipient of aid
under this chapter not participating under this article or a former
recipient of aid under this chapter who has received aid within the
previous 12 months if a recipient or former recipient is employed, in
order to assist the individual in retaining employment. These job
retention services may be provided for up to 12 months after the
first day of employment, to the extent they are not provided by the
employer, the entity that arranged the job placement, if other than
the county, and, to the extent that the services are not available
from other sources.
11323.25. In addition to its authority under subdivision (b) of
Section 11323.2, if provided in a county plan, the county may
continue to provide welfare-to-work services to former participants
who became ineligible for CalWORKs benefits because they became
employed under Section 11322.63. 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 subsidized employment.
11323.3. (a) It is the intent of the Legislature that all
CalWORKs applicants and recipients be aware of their potential
liability for payment for child care, and that child care providers
be promptly paid for their services to eligible families.
(b) An applicant for, or a recipient of, CalWORKs benefits shall
be provided written notice, both at the time of application and when
he or she signs an original or amended welfare-to-work plan, of the
availability of paid child care as provided in Section 11323.2. The
notice shall inform applicants and recipients of all of the
following:
(1) Paid child care is available to allow them to be employed or
participate in welfare-to-work activities.
(2) Assistance in finding and choosing a child care provider is
available.
(3) A recipient is required to inform the county welfare
department of his or her need for paid child care as soon as that
need arises.
(4) The recipient is required to request a child care subsidy from
the county within 30 days from the first day child care services are
received from each different provider, to be fully reimbursed for
child care services.
(c) An applicant for, or recipient of, CalWORKs benefits shall be
required to sign a copy of the written notice acknowledging that he
or she has been informed of and understands the notice. The signed
notice shall be retained in the client's file.
(d) No payment shall be made for child care services provided
pursuant to Section 8351 of the Education Code more than 30 days
prior to the recipient's initial request for payment for the child
care service from that provider, when the recipient received the
written notice provided in subdivision (b).
(e) The department shall develop regulations to implement this
section.
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
Division 1 of Title 1 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) (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.
(d) 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.
11323.6. The department shall be responsible for supervising the
provision of child care by counties as described in Article 15.5
(commencing with Section 8350) of Chapter 2 of Part 6 of Division 1
of Title 1 of the Education Code. Counties may contract with public
and private child care entities or providers for this purpose.
11323.9. Each county welfare department shall provide to the
State Department of Social Services, on a monthly basis, data
regarding child care usage and demand in child care services managed
by the county, as described in Article 15.5 (commencing with
Section 8350) of Chapter 2 of
Part 6 of Division 1 of Title 1 of the Education Code, through which
a recipient of aid under this chapter, or any successor program, will
pass. The specific information needed for these reports may be
specified by the State Department of Social Services or through
provisions of the annual Budget Act.
11324. (a) If the county welfare department or a contractor pays
for child care services that are exempt from licensure, all of the
following information about the caregiver shall be on file with the
county welfare department or the contractor and shall be made
available to the participant:
(1) The name and address of the child care provider.
(2) The address where child care is to be provided.
(3) The hours child care is to be provided and the charge for this
care.
(4) The names, addresses, and telephone numbers of two character
references.
(5) A copy of a valid California driver's license or other
identification to establish that the caregiver is at least 18 years
old.
(6) A statement from the caregiver as to his or her health
education, experience or other qualification, criminal record, and
names and ages of other persons in the home or providing care.
(b) The county welfare department or the contractor shall use
existing child care licensing or CalWORKs program procedures in
meeting the requirements of subdivision (a).
(c) To the extent permitted by federal law, the county welfare
department shall deny payment, or cause the contractor to deny
payment, for child care services that are exempt from licensure if
either of the following applies:
(1) The provider has been convicted of a violent felony, as
defined in subdivision (c) of Section 667.5 of the Penal Code.
(2) The provider has been convicted of child abuse.
(d) If the child care provider selected by the participant is
denied payment, the participant may have good cause for not
participating as specified in paragraph (3) of subdivision (e) of
Section 11320.3.
11324.4. (a) The employer or sponsor of an employment or training
program position described in Section 11322.6 or 11322.9, or any
positions created under any county pilot project, shall assist and
encourage qualified participants to compete for job openings for
which they qualify occurring within the sponsor's organization.
(b) Workers assigned to public agencies shall be allowed to
participate in classified service examinations equivalent to the
positions they occupy, as well as all open and promotional
examinations for which experience in the position or other relevant
experience is qualifying under merit system rules. To the extent
permitted under federal or state law, local ordinance, or applicable
collective bargaining agreements, time worked in the positions shall
apply toward seniority in the merit public agency positions.
11324.5. The county shall ensure that the labor union is notified
of the use of participants assigned to an employment or training
program position described in Section 11322.6 or 11322.9 or any
positions created under any county pilot project, in any location or
work activity controlled by an employer and covered by a collective
bargaining agreement between the employer and a union. For
nonunionized employees, procedures shall provide for notification to
employees of the use of participants under this article and the
availability of the grievance process. Display of a poster shall
satisfy this requirement.
11324.6. (a) An employment or training program position described
in Section 11322.6 or 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:
(1) 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.
(2) The filling of positions that 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.
(3) The filling of a position, prior to compliance with applicable
personnel procedures or provisions of collective bargaining
agreements.
(4) The filling of established unfilled public agency positions,
unless the positions are unfunded in a public agency budget.
(5) The filling of a position created by termination, layoff, or
reduction in workforce, caused by the employer's intent to fill the
position with a subsidized position pursuant to this article.
(6) A strike, lockout, or other bona fide labor dispute, or
violation of any existing collective bargaining agreement between
employees and employers.
(7) 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.
(8) 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.
(9) The filling of a work assignment that results in not rehiring
a seasonal employee who has a history of regular seasonal employment
with an employer. This subdivision shall apply only to the
construction industry.
(10) 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.
(b) Paragraphs (2), (4), and (7) of subdivisions (a) shall not
apply to unsubsidized employment placements.
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 or work experience
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.
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.
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
Division 1 of Title 1 of the Education Code.
11325.2. At the time a recipient enters the welfare-to-work
program, the county shall conduct an appraisal, pursuant to
regulations adopted by the department, during which the recipient is
informed of the requirement to participate in training opportunities
available to a participant, and available supportive services. The
appraisal shall provide information about the recipient in the
following areas:
(a) Employment history and skills.
(b) Need for supportive services as described in Section 11323.2.
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,
but no more than 90 days after the date that a recipient's
eligibility for aid is determined, or the date the recipient is
required to participate in welfare-to-work activities pursuant to
Section 11320.3. The recipient and the county may enter into a
welfare-to-work plan as late as 90 days after the completion of the
job search activity, as defined in subdivision (a) of Section
11320.1, if the job search activity is initiated within 30 days after
the recipient's eligibility for aid is determined. 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.
(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) In the case of an individual who was participating in a
self-initiated plan pursuant to the former provisions of Section
11325.23 as of the effective date of the act that added this article,
the individual may continue to participate in that self-initiated
plan, subject to the requirements of Section 11322.8, to the extent
that the individual remains eligible for the CalWORKs Basic Program
or the CalWORKs Plus Program.
11325.22. (a) Following the appraisal required by Section
11325.2, all participants shall be assigned to participate for a
period of job search activities in accordance with Section 607(c)(2)
(A) of Title 42 of the United States Code. 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 participant 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.
(b) (1) Upon the completion of job search activities, 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) shall be based on the welfare-to-work plan
developed pursuant to an assessment 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) 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.
(d) 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.
11325.25. (a) A participant with a suspected learning or medical
problem, as indicated by information received during appraisal or
assessment or by lack of satisfactory progress in an assigned program
component, shall be referred for an evaluation to determine whether
the individual is unable to successfully complete or benefit from a
current or proposed program assignment. As part of the evaluation,
the county may require the individual to undergo the appropriate
examinations to obtain information regarding the individual's
learning and physical abilities.
(b) Based upon the results of the evaluation required by
subdivision (a), the county may refer the individual to any of the
following components as appropriate:
(1) Referral to any of the activities described in Section
11322.6, including referral to the person's previous activity.
(2) Existing special programs that meet specific needs of the
individual.
(3) Job search services, if the county determines the individual
has the skills needed to find a job in the local labor market.
(4) Assessment, as described in Section 11325.4, or reappraisal,
as described in Section 11326.
(5) Rehabilitation assessment and subsequent training.
(c) The participant shall be involved in the decisions made during
the progress evaluation and shall have appeal rights consistent with
those accorded to all program participants.
11325.4. (a) Upon referral to assessment, a participant shall
work with the county welfare department to develop and agree on a
welfare-to-work plan on the basis of an assessment of the individual'
s skills and needs. The assessment shall include at least all of the
following:
(1) The participant's work history and an inventory of his or her
employment skills, knowledge, and abilities.
(2) The participant's educational history and present educational
competency level.
(3) The participant's need for supportive services in order to
obtain the greatest benefit from the employment and training services
offered under this article.
(4) An evaluation of the chances for employment given the current
skills of the participant and the local labor market conditions.
(5) Local labor market information.
(6) Physical limitations or mental conditions that limit the
participant's ability for employment or participation in
welfare-to-work activities.
(b) The county may contract with outside parties, including local
educational agencies and service delivery areas, to provide the
assessment.
(c) (1) Notwithstanding the procedures set forth in Chapter 7
(commencing with Section 10950) of Part 2, if the participant and
assessor are unable to reach agreement on the welfare-to-work plan,
the matter shall be referred by the county for an independent
assessment by an impartial third party. The results of this
assessment, which shall be binding upon the county and the
participant, shall be used to develop the appropriate plan for the
participant.
(2) No third-party assessment under this subdivision shall be made
by a party having any financial or other interest in the result of
the assessment. The party making the assessment shall be selected by
the county according to an unbiased procedure.
11325.5. (a) If, pursuant to the assessment conducted pursuant to
Section 11325.4, there is a concern that a mental disability exists
that will impair the ability of a recipient to obtain employment, he
or she shall be referred to the county mental health department.
(b) Subject to appropriations in the Budget Act, the county mental
health department shall evaluate the recipient and determine any
treatment needs. The evaluation shall include the extent to which the
individual is capable of employment at the present time and under
what working and treatment conditions the individual is capable of
employment. The evaluation shall include prior diagnoses,
assessments, or evaluations that the recipient provides.
(c) Each county welfare department shall develop individual
welfare-to-work plans for recipients with mental or emotional
disorders, based on the evaluation conducted by the county mental
health department. The plan for the recipient shall include
appropriate employment accommodations or restrictions, supportive
services, and treatment requirements. Any prior diagnosis,
evaluation, or assessment provided by the recipient shall be
considered in the development of his or her individual
welfare-to-work plan.
11325.6. Subject to the limitations of subdivision (a) of Section
11325.22, if activities to be provided under the plan between the
county welfare department and the participant are not immediately
available to the participant, he or she shall receive job search
activities until the education or training services designated in the
plan are available.
11325.7. (a) It is the intent of the Legislature in enacting this
section to create a funding stream and program that assist certain
recipients of aid under this chapter to receive necessary mental
health services, including case management and treatment, thereby
enabling them to make the transition from welfare to work. This
funding stream shall be used specifically to serve recipients in need
of mental health services, and shall be accounted for and expended
by each county in a manner that ensures that recipients in need of
mental health services are receiving appropriate services.
(b) The county plan required by Section 10531 shall include a plan
for the development of mental health employment assistance services,
developed jointly by the county welfare department and the county
department of mental health. The plan shall have as its goal the
treatment of mental or emotional disabilities that may limit or
impair the ability of a recipient to make the transition from welfare
to work, or that may limit or impair the ability to retain
employment over a long-term period. The plan shall be developed in a
manner consistent with both the county's welfare-to-work program and
the county's consolidated mental health Medi-Cal services plan. The
county may use community-based providers, as necessary, that have
experience in addressing the needs of the CalWORKs population. The
county, whenever possible, shall ensure that the services provided
qualify for federal reimbursement of the nonstate share of Medi-Cal
costs.
(c) Subject to specific expenditure authority, mental health
services available under this section shall include all of the
following elements:
(1) Assessment for the purpose of identifying the level of the
participant's mental health needs and the appropriate level of
treatment and rehabilitation for the participant.
(2) Case management, as appropriate, as determined by the county.
(3) Treatment and rehabilitation services, that shall include
counseling, as necessary to overcome mental health barriers to
employment and mental health barriers to retaining employment, in
coordination with an individual's welfare-to-work plan.
(4) In cases where a secondary diagnosis of substance abuse is
made for a person referred for mental or emotional disorders, the
welfare-to-work plan shall also address the substance abuse treatment
needs of the participant.
(5) A process by which the county can identify those with severe
mental disabilities that may qualify them for aid under Chapter 3
(commencing with Section 12000).
(d) Any funds appropriated by the Legislature to cover the
nonfederal costs of the mental health employment assistance services
required by this section shall be allocated consistent with the
formula used to distribute each county's CalWORKs program allocation.
Each county shall report annually to the state the number of
CalWORKs program recipients who received mental health services and
the extent to which the allocation
is sufficient to meet the need for these services as
determined by the county. The State Department of Mental Health shall
develop a uniform methodology for ensuring that this allocation
supplements and does not supplant current expenditure levels for
mental health services for this population.
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
that 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.
(d) Any funds appropriated by the Legislature for allocation to
each county to eliminate barriers to employment due to participant's
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
(42 U.S.C. Sec. 1396 et seq.).
(e) 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.
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.
11327. Any county that fails to provide services according to its
plan approved pursuant to this article shall receive sanctions in
accordance with Section 10605. A recipient or a group of recipients
may request the director to invoke Section 10605.
11327.4. (a) (1) Whenever an individual has failed or refused to
comply with program requirements without good cause in a program
component to which he or she is assigned and refuses to agree to or
fails, without good cause, to comply with, a compliance plan agreed
to between the county and the participant, the individual shall be
subject to sanctions specified in Section 11327.5.
(2) For the purposes of this article, the phrase "failed or
refused to comply with program requirements" shall be limited to the
following:
(A) Failing or refusing to sign a welfare-to-work plan,
participate in or provide required proof of satisfactory progress in
any assigned program activity pursuant to this article, or failing to
accept employment.
(B) Terminating employment.
(C) Reducing earnings.
(b) (1) Upon determination that an individual has failed or
refused to comply with program requirements, the county shall issue a
notice of action, effective no earlier than 30 calendar days from
the date of issuance, informing the individual that a sanction will
be imposed if the individual fails to either attend an appointment
scheduled by the county to be held within 20 calendar days of the
notice, or contact the county by phone, within 20 calendar days of
the notice, and fails to do either of the following:
(A) Provide information to the county that he or she had good
cause for the refusal or failure that has led the county to make a
finding of good cause for nonparticipation.
(B) Agree to a compliance plan to correct the failure or refusal
to comply.
(2) The county shall schedule a time during which each individual
who has failed or refused to comply with program requirements has an
opportunity to demonstrate that he or she had good cause for that
refusal or failure. The county shall schedule an appointment within
20 calendar days of the notice of action. The individual shall be
allowed to reschedule the cause determination appointment once within
the 20-calendar-day period.
(3) The written notice of action sent by the county shall do all
of the following:
(A) Inform the individual of the specific act or acts that have
caused the individual to be out of compliance with participation
requirements.
(B) Inform the individual of his or her right to assert good cause
for his or her refusal or failure.
(C) Inform the individual of the date and time of the scheduled
appointment.
(D) Provide a general definition of good cause and examples of
reasons that constitute good cause for not participating in the
program.
(E) Inform the individual of the right to contact the county
welfare department by telephone to establish good cause over the
telephone in lieu of attending the appointment scheduled by the
county.
(F) Inform the individual of the right to reschedule the
appointment once within the 20-calendar-day period.
(G) Inform the individual that if good cause is not found, a
compliance plan will be developed and the individual will be expected
to agree to the plan or face a sanction.
(H) Inform the individual of the name, telephone number, and
address of state and local legal aid and welfare rights organizations
that may assist the individual with the good cause and compliance
plan process.
(I) Describe the transportation and child care services that a
person is entitled to, as needed in order to attend the appointment.
(c) If the individual fails to attend the appointment, the county
shall attempt to contact the individual by telephone at the time of
or after the appointment, in order to establish a finding of good
cause or no good cause. If a finding of no good cause is made, the
county shall develop a compliance plan to correct the instance of
nonparticipation.
(d) If the individual fails to attend the meeting and the county
is not able to contact the individual in accordance with subdivision
(c), and the individual fails to contact the county within the
20-calendar-day period, a sanction shall be imposed in accordance
with Section 11327.5.
(e) If the individual attends the appointment or contacts the
county by phone within the 20-calendar-day period and is either found
by the county to have had good cause for his or her refusal or
failure, or agrees to a compliance plan to correct the failure or
refusal, the county shall rescind the notice of action issued
pursuant to subdivision (b). If the individual agrees to a compliance
plan at the appointment, the individual shall be provided with a
copy of the plan. If the individual agrees to a compliance plan over
the telephone, a copy of the plan shall be mailed to him or her.
(f) If the individual is found by the county to have had good
cause for his or her refusal or failure, an instance of noncompliance
shall not be considered to have occurred.
(g) If the individual is found by the county not to have had good
cause, but agrees to a compliance plan and then fulfills the terms of
the compliance plan, an instance of noncompliance shall not be
considered to have occurred.
(h) If the individual enters into a written compliance plan and
does not fulfill the terms of the plan, but the county determines
that the individual substantially complied with the plan, the county
shall extend or modify the compliance plan in accordance with
subdivision (e) and shall document the reasons for that determination
in the case file of the individual. For purposes of this
subdivision, substantial compliance with a written compliance plan
shall be determined by the county on a case-by-case basis considering
all of the following:
(1) The progress made on each item contained in the plan.
(2) Extenuating circumstances that are not considered good cause
under subdivision (a), but impaired the individual's ability to fully
comply.
(3) The extent to which learning disabilities, mental health
issues, and substance abuse issues may have contributed to the
individual's ability to fully comply.
(4) Other factors, as determined by the department.
(i) If the individual enters into a written compliance plan, but
does not fulfill the terms of the plan, and the county determines,
based on available information, that the individual did not have good
cause for failure to meet the terms of the plan and did not
substantially comply with the plan as described in subdivision (h),
the county shall send a notice of action to impose a sanction. The
procedures specified in subdivision (b) shall not be applicable to a
sanction imposed under this subdivision.
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 as 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 of sanctions on
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 (e) 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.
11327.6. Notwithstanding any other law, any person who is not
required, but who volunteers, to participate in the program
established by this article, and who fails to appear for a scheduled
appointment prior to entering into the welfare-to-work plan, shall be
deemed to not be subject to the requirements of this article, and
the conciliation efforts and sanction requirements established under
Sections 11327.4 and 11327.5 shall not apply.
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.
11327.9. In determining whether good cause exists for a refusal
or failure to comply with program requirements, the county shall take
into consideration whether the participant has a mental disability
that caused or substantially contributed to the refusal or failure to
comply with program requirements. This determination shall be made,
where appropriate, in consultation with the county mental health
department.
11328.2. A participant under this article shall have all due
process rights granted pursuant to Chapter 7 (commencing with Section
10950) of Part 2.
11328.8. (a) The department, under the direction of the
California Health and Human Services Agency, the office of the
Chancellor of the California Community Colleges, and the State
Department of Education, each shall 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 department and State
Department of Education also shall 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 authorized by this subdivision.
11329. (a) The department shall evaluate the program and shall
collect data on program cost, caseload movement, and program
outcomes, including data on all of the following:
(1) The numbers of voluntary and mandatory participants in each
program component.
(2) The amount of time that each participant remains in each
component, and the types of services, including supportive services,
each participant receives.
(3) The number of recipients in each component that move to each
of the other components.
(4) The number of participants sanctioned, as well as the amount
and duration of the sanction, the reason for the sanction, and the
amount of time the participant was in the program prior to the
sanction.
(5) The number of participants who go off aid, and to the extent
possible, the reason they have gone off aid.
(6) The number of applicants who reapplied for and received aid
after having gone off aid during the time they were participating in
the program.
(7) The starting salary of employed participants.
(8) Participants' job retention rates.
(9) The appropriateness of the categorization of participants.
(10) The appropriateness of assessments and employment plans.
(11) The appropriateness of preemployment preparation assignments,
including a periodic review of the appropriateness of these
assignments.
(12) The effectiveness of training components, based upon the
number of individuals placed in employment.
(13) The timeliness of preemployment preparation assignment
reviews.
(14) The appropriateness of sanctions applied under this article.
(b) The department may use standard statistical sampling methods
to conduct the evaluation. The department shall maintain this data
for the state and for each county. The department may contract with a
qualified organization for the evaluation required by this section.
The department shall submit a plan for implementing this evaluation
to the Joint Legislative Budget Committee. To the extent possible,
the data collection system for this evaluation shall be designed to
collect data in the least expensive and least time-consuming manner
possible.
11329.2. The department shall seek any federal funds available
for implementation of this article, including, but not limited to,
funds available under Title IV of the federal Social Security Act (42
U.S.C. Sec. 601 et seq.).
11329.4. (a) No funds appropriated for purposes of this article
shall be used to fund education or training services in any county
plan if these services could reasonably be provided by local
educational agencies from Section A or Section B of the State School
Fund which are not otherwise committed.
(b) No local educational agency shall be authorized to receive
funds appropriated for purposes of this article unless it has
demonstrated that it has fully committed all the funds from Section A
or Section B of the State School Fund available to it, as certified
by the district to the Chancellor of the California Community
Colleges, or the Superintendent of Public Instruction.
(c) The Chancellor of the California Community Colleges and the
Superintendent of Public Instruction, as appropriate, shall certify
this information to the Director of Finance.
11329.5. This article shall become operative on the first day of
the first month following 90 days after the effective date of
the act that added this section,
or October 1, 2012, whichever is later.
SEC. 21. Section 11329.6 is added to the
Welfare and Institutions Code , to read:
11329.6. This article shall become inoperative on the first day
of the first month following 90 days after the effective date of the
act that added this section, or October 1, 2012, whichever is later,
and as of January 1, 2014, is repealed, unless a later enacted
statute that is enacted before January 1, 2014, deletes or extends
the dates on which it becomes inoperative and is repealed.
SEC. 22. Article 3.5 (commencing with Section
11330) is added to Chapter 2 of Part 3 of Division 9 of the
Welfare and Institutions Code , to read:
Article 3.5. CalWORKs Plus Program
11330. (a) This article shall be known and may be cited as the
CalWORKs Plus Program.
(b) The Legislature finds and declares all of the following:
(1) Consistent with the programmatic changes to refocus the
requirement to work described in Section 11300, the CalWORKs Plus
Program will serve those clients working sufficient hours in
unsubsidized employment to meet federal work participation
requirements.
(2) This program will reward recipients who meet federal work
participation requirements with a higher grant level by allowing them
to retain more of their earned income through a higher income
disregard. These recipients also shall have full access to supportive
services and child care.
(3) These benefits shall continue for up to 48 months, as long as
clients continue to meet work participation requirements through
unsubsidized employment. After 48 months, the adult will no longer be
provided aid, but the higher earned income disregard shall remain
available if the employment continues.
11331. (a) A CalWORKs assistance unit that includes an individual
who is meeting the minimum average hours per week required in
Section 11322.8 solely by means of unsubsidized employment shall be
eligible for assistance under this article.
(b) An assistance unit that is receiving aid under Article 4
(commencing with Section 11340) shall be eligible for assistance
under this article if an individual or individuals in the household
of the assistance unit are meeting the minimum average hours per week
required in Section 607(c) of Title 42 of the United States Code
solely by means of unsubsidized employment.
(c) An assistance unit participating in the CalWORKs Plus Program
shall receive supportive services in accordance with Section 11323.2.
(d) The earned income disregard described in subdivision (b) of
Section 11451.5 and the child support disregard described in Section
11475.3 shall apply to the income of the family for purposes of
calculating grants provided under the CalWORKs Plus Program.
(e) An assistance unit that is not meeting the requirements of
subdivision (a), but that is eligible for the CalWORKs Basic Program
in accordance with Section 11302, shall be ineligible for the
CalWORKs Plus Program. The assistance unit shall be provided a notice
of action and shall be eligible for the CalWORKs Basic Program in
accordance with Section 11305. If the assistance unit is not
otherwise meeting the requirements of Section 11322.8, the eligible
adult also shall be subject to the sanction provisions described in
Sections 11327.4 and 11327.5.
(f) (1) An assistance unit that is not meeting the requirements of
subdivision (a) or (b) that is ineligible for the CalWORKs Basic
Program shall be provided a notice of action that the assistance unit
shall become ineligible for the CalWORKs Plus Program 60 days
following the issuance of that notice of action unless documentation,
as determined by the department, that the parent or caretaker
relative has met the requirements of subdivision (a) or (b) is
provided to the county.
(2) If the parent or caretaker relative fails to provide the
documentation as described in paragraph (1), the assistance unit
shall become ineligible for the CalWORKs Plus Program and shall be
eligible for the Child Maintenance Program in accordance with Section
11305.
(3) An assistance unit described in this subdivision shall receive
full supportive services for the 60-day compliance period described
in paragraph (1) and child care for a maximum of 30 days within that
60-day period.
(g) Notwithstanding subdivision (a) or (b) or any other law, an
assistance unit or household in which the only adult has not been
authorized for employment by the United States Citizenship and
Immigration Services is not eligible for assistance under this
article.
11332. (a) An assistance unit eligible for aid under this article
shall receive a grant that includes any eligible adult in accordance
with the maximum aid payment for the CalWORKs Plus Program in the
appropriate region in accordance with Section 11450 until the adult
has received aid for a cumulative total of 48 months in accordance
with Section 11454.
(b) An assistance unit that does not include an eligible adult
shall receive a grant amount that corresponds to the number of
eligible persons in the assistance unit.
11333. This article shall become operative on the first day of
the first month following six months after the date Article 3
(commencing with Section 11300) becomes operative pursuant to Section
11329.5, or April 1, 2013, whichever is later.
SEC. 23. Section 11334.9 is added to the
Welfare and Institutions Code , to read:
11334.9. This article shall become inoperative on July 1, 2012,
and as of January 1, 2013, is repealed, unless a later enacted
statute that is enacted before January 1, 2013, deletes or extends
the dates on which it becomes inoperative and is repealed.
SEC. 24. Article 3.6 (commencing with Section
11336) of Chapter 2 of Part 3 of Division 9 of the Welfare
and Institutions Code is repealed.
SEC. 25. Article 4 (commencing with Section 11340)
is added to Chapter 2 of Part 3 of Division 9 of the
Welfare and Institutions Code , to read:
Article 4. Child Maintenance Program
11340. (a) This article shall be known and may be cited as the
Child Maintenance Program.
(b) The Legislature finds and declares both of the following:
(1) For the significant share of the caseload that is not subject
to work participation requirements, or is required to participate in
work activities but is not doing so, the Child Maintenance Program
will provide children with a basic level of income maintenance in
addition to CalFresh and Medi-Cal benefits.
(2) Children will be eligible for this program as long as they
meet eligibility criteria, including a requirement to participate in
a well-child examination.
11341. (a) An assistance unit that does not include an eligible
adult is eligible for assistance under this article.
(b) An assistance unit in which the only adult or adults are
ineligible for CalWORKs Basic Program pursuant to subdivision (e) of
Section 11301 or Section 11302 is eligible for assistance under this
article.
(c) Commencing the date the CalWORKs Plus Program becomes
operative pursuant to Section 11333, an assistance unit that is
receiving aid under this article and that resides in a household that
includes an adult or adults who are meeting the requirements of
Section 607(c) of Title 42 of the United States Code by means of
unsubsidized employment, may be eligible for the CalWORKs Plus
Program in accordance with subdivision (b) of Section 11331.
11342. (a) Notwithstanding Article 2 (commencing with Section
11250), Sections 11450 and 11454, or any other law, an assistance
unit that qualifies only for Child Maintenance Program assistance
shall receive a grant amount in accordance with the maximum aid
payment for the Child Maintenance Program in the appropriate region,
as described in Section 11450, that corresponds to the number of
minor children in the assistance unit.
(b) The earned income disregard described in subdivision (c) of
Section 11451.5 shall apply to the income of the family for purposes
of calculating grants provided under the Child Maintenance Program.
11343. (a) An assistance unit eligible under this article may be
provided welfare-to-work services at the option of the county.
(b) Notwithstanding subdivision (a), an individual that is in
sanction pursuant to subdivision (e) of Section 11301, or who is no
longer eligible for the CalWORKs Basic Program in accordance with
Section 11302, is eligible for up to a cumulative total of 30 days of
child care services every six months.
(c) Subdivision (b) shall not apply to an individual who has not
been authorized for employment by the United States Citizenship and
Immigration Services.
11344. (a) An individual who is under 18 years of age and a
member of an assistance unit receiving aid under this article shall
be required to receive an annual well-child medical examination.
(b) If it is determined by the county that any child in the
assistance unit who is under 18 years of age has not attended a
well-child medical examination as required in subdivision (a), the
needs of the child shall not be considered in computing the grant of
the family under Section 11450 unless it has been determined by the
county that good cause exists.
(c) For purposes of subdivision (b), good cause shall include, but
not be limited to, the unavailability of insurance reimbursement for
the costs of the well-child medical examination.
11345. (a) Notwithstanding Sections 11265.1, 11265.2, and 11265.3
or any other law, assistance units eligible for aid under this
article shall not be subject to periodic reporting requirements other
than the annual redetermination required in Section 11265.
(b) Grant calculations may not be revised to adjust the grant
amount during the year except as provided in Section 11346 and
subdivisions (c), (d), (e), and (f) and as otherwise established by
the department by regulation.
(c) Notwithstanding subdivision (b), statutes and regulations
relating to the 48-month time limit, age limitations for children
under Section 11253, and sanctions and financial penalties affecting
eligibility or grant amount shall be applicable as provided in those
statutes and regulations.
(d) If the county is notified that a child for whom Child
Maintenance Program 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.
(e) 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.
(f) If an overpayment has occurred, the county shall commence any
applicable grant adjustment in accordance with Section 11004 as of
the first monthly grant after timely and adequate notice is provided.
11346. (a) The department shall establish an income reporting
threshold for recipients of the Child Maintenance Program in
accordance with subdivision (b).
(b) The Child Maintenance Program income reporting threshold shall
be the lesser of the following:
(1) Fifty-five percent of the monthly income for a family of three
at the federal poverty level, plus the amount of income last used to
calculate the recipient's monthly benefits.
(2) The amount likely to render the recipient ineligible for
federal Supplemental Nutrition Assistance Program benefits.
(3) The amount likely to render the recipient ineligible for Child
Maintenance Program benefits.
(c) A recipient shall report to the county, orally or in writing,
within 10 days, when any of the following occurs:
(1) The monthly household income exceeds the threshold established
pursuant to this section.
(2) Any change in household composition.
(3) The household address has changed.
(4) A drug felony conviction, as specified in Section 11251.3.
(5) An incidence of an individual fleeing prosecution or custody
or confinement, or violating a condition of probation or parole, as
specified in Section 11486.5.
(d) When a recipient reports income or a household composition
change pursuant to subdivision (c), the county shall redetermine
eligibility and grant amounts as follows:
(1) If the recipient reports an increase in income or household
composition change for the first through eleventh months of a year,
the county shall verify the report and determine the recipient's
financial eligibility and grant amount.
(A) If the recipient is determined to be financially ineligible
based on the increase in income or household composition change, the
county shall discontinue the recipient with timely and adequate
notice, effective at the end of the month in which the change
occurred.
(B) If it is determined that the recipient's grant amount should
decrease based on the increase in income, or increase or decrease
based on a change in household composition, the county shall increase
or reduce the recipient's grant amount for the remainder of the year
with timely and adequate notice, effective the first of the month
following the month in which the change occurred.
(2) If the recipient reports an increase in income for the twelfth
month of a grant year, the county shall consider this income in
redetermining eligibility and the grant amount for the following
year.
(e) During the year, a recipient may report to the county, orally
or in writing, any changes in income that may increase the recipient'
s grant. If the reported change is for the first through eleventh
month of a grant year and results in an increase in benefits, the
county shall redetermine the grant for the current month and any
remaining months in the year. If the reported change is for the
twelfth month of the grant year, the county shall not redetermine the
grant for the current year, but shall redetermine the grant for the
following year.
11347. (a) To the extent permitted by federal law, regulations,
waivers, and directives, the department shall implement Sections
11345 and 11346 in a cost-effective manner that promotes
compatibility between the Child Maintenance Program and CalFresh, and
minimizes the potential for payment errors.
(b) The department shall seek all necessary waivers from the
United States Department of Agriculture to implement subdivision (a).
11348. This article shall become operative on the first day of
the first month following 90 days after the effective date of the act
that added this section, or October 1, 2012, whichever is later.
SEC. 26. Article 3.9 (commencing with Section
11349) of Chapter 2 of Part 3 of Division 9 of the Welfare
and Institutions Code is repealed.
SEC. 27. Article 4 (commencing with Section
11350.61) of Chapter 2 of Part 3 of Division 9 of the
Welfare and Institutions Code is repealed.
SEC. 28. Section 11450 of the Welfare
and Institutions Code , as amended by Section 13 of
Chapter 501 of the Statutes of 2011, is amended to read:
11450. (a) (1) Aid shall be paid for each needy family, which
shall include all eligible brothers and sisters of each eligible
applicant or recipient child and the parents of the children, but
shall not include unborn children, or recipients of aid under Chapter
3 (commencing with Section 12000), qualified for aid under this
chapter. In determining the amount of aid paid, and notwithstanding
the minimum basic standards of adequate care specified in Section
11452, the family's income, exclusive of any amounts considered
exempt as income or paid pursuant to subdivision (e) or Section
11453.1, averaged for the prospective quarter pursuant to Sections
11265.2 and 11265.3, and then calculated pursuant to Section 11451.5,
shall be deducted from the sum specified in the following table, as
adjusted for cost-of-living increases pursuant to Section 11453 and
paragraph (2). In no case shall the amount of aid paid for each month
exceed the sum specified in the following table, as adjusted for
cost-of-living increases pursuant to Section 11453 and paragraph (2),
plus any special needs, as specified in subdivisions (c), (e), and
(f):
Number
of
eligible
needy
persons
in Maximum
the same home aid
1.............................. $ 326
2.............................. 535
3.............................. 663
4.............................. 788
5.............................. 899
6.............................. 1,010
7.............................. 1,109
8.............................. 1,209
9.............................. 1,306
10 or more...................... 1,403
If, when, and during those times that the United States government
increases or decreases its contributions in assistance of needy
children in this state above or below the amount paid on July 1,
1972, the amounts specified in the above table shall be increased or
decreased by an amount equal to that increase or decrease by the
United States government, provided that no increase or decrease shall
be subject to subsequent adjustment pursuant to Section 11453.
(2) The sums specified in paragraph (1) shall not be adjusted for
cost of living for the 1990-91, 1991-92, 1992-93, 1993-94, 1994-95,
1995-96, 1996-97, and 1997-98 fiscal years, and through October 31,
1998, nor shall that amount be included in the base for calculating
any cost-of-living increases for any fiscal year thereafter.
Elimination of the cost-of-living adjustment pursuant to this
paragraph shall satisfy the requirements of Section 11453.05, and no
further reduction shall be made pursuant to that section.
(b) When the family does not include a needy child qualified for
aid under this chapter, aid shall be paid to a pregnant mother for
the month in which the birth is anticipated and for the three-month
period immediately prior to the month in which the birth is
anticipated in the amount that would otherwise be paid to one person,
as specified in subdivision (a), if the mother, and child, if born,
would have qualified for aid under this chapter. Verification of
pregnancy shall be required as a condition of eligibility for aid
under this subdivision.
(1) Aid shall also be paid to a pregnant woman with no other
children in the amount which would otherwise be paid to one person
under subdivision (a) at any time after verification of pregnancy if
the pregnant woman is also eligible for the Cal-Learn Program
described in Article 3.5 (commencing with Section 11331) and if the
mother, and child, if born, would have qualified for aid under this
chapter.
(2) Paragraph (1) shall apply only when the Cal-Learn Program is
operative.
(c) The amount of forty-seven dollars ($47) per month shall be
paid to pregnant mothers qualified for aid under subdivision (a) or
(b) to meet special needs resulting from pregnancy if the mother, and
child, if born, would have qualified for aid under this chapter.
County welfare departments shall refer all recipients of aid under
this subdivision to a local provider of the Women, Infants and
Children program. If that payment to pregnant mothers qualified for
aid under subdivision (a) is considered income under federal law in
the first five months of pregnancy, payments under this subdivision
shall not apply to persons eligible under subdivision (a), except for
the month in which birth is anticipated and for the three-month
period immediately prior to the month in which delivery is
anticipated, if the mother, and the child, if born, would have
qualified for aid under this chapter.
(d) For children receiving AFDC-FC under this chapter, there shall
be paid, exclusive of any amount considered exempt as income, an
amount of aid each month which, when added to the child's income, is
equal to the rate specified in Section 11460, 11461, 11462, 11462.1,
or 11463. In addition, the child shall be eligible for special needs,
as specified in departmental regulations.
(e) In addition to the amounts payable under subdivision (a) and
Section 11453.1, a family shall be entitled to receive an allowance
for recurring special needs not common to a majority of recipients.
These recurring special needs shall include, but not be limited to,
special diets upon the recommendation of a physician for
circumstances other than pregnancy, and unusual costs of
transportation, laundry, housekeeping services, telephone, and
utilities. The recurring special needs allowance for each family per
month shall not exceed that amount resulting from multiplying the sum
of ten dollars ($10) by the number of recipients in the family who
are eligible for assistance.
(f) After a family has used all available liquid resources, both
exempt and nonexempt, in excess of one hundred dollars ($100), with
the exception of funds deposited in a restricted account described in
subdivision (a) of Section 11155.2, the family shall also be
entitled to receive an allowance for nonrecurring special needs.
(1) An allowance for nonrecurring special needs shall be granted
for replacement of clothing and household equipment and for emergency
housing needs other than those needs addressed by paragraph (2).
These needs shall be caused by sudden and unusual circumstances
beyond the control of the needy family. The department shall
establish the allowance for each of the nonrecurring special need
items. The sum of all nonrecurring special needs provided by this
subdivision shall not exceed six hundred dollars ($600) per event.
(2) Homeless assistance is available to a homeless family seeking
shelter when the family is eligible for aid under this chapter.
Homeless assistance for temporary shelter is also available to
homeless families which are apparently eligible for aid under this
chapter. Apparent eligibility exists when evidence presented by the
applicant, or which is otherwise available to the county welfare
department, and the information provided on the application documents
indicate that there would be eligibility for aid under this chapter
if the evidence and information were verified. However, an alien
applicant who does not provide verification of his or her eligible
alien status, or a woman with no eligible children who does not
provide medical verification of pregnancy, is not apparently eligible
for purposes of this section.
A family is considered homeless, for the purpose of this section,
when the family lacks a fixed and regular nighttime residence; or the
family has a primary nighttime residence that is a supervised
publicly or privately operated shelter designed to provide temporary
living accommodations; or the family is residing in a public or
private place not designed for, or ordinarily used as, a regular
sleeping accommodation for human beings. A family is also considered
homeless for the purpose of this section if the family has received a
notice to pay rent or quit. The family shall demonstrate that the
eviction is the result of a verified financial hardship as a result
of extraordinary circumstances beyond their control, and not other
lease or rental violations, and that the family is experiencing a
financial crisis that could result in homelessness if preventative
assistance is not provided.
(A) (i) A nonrecurring special need of sixty-five dollars ($65) a
day shall be available to families of up to four members for the
costs of temporary shelter, subject to the requirements of this
paragraph. The fifth and additional members of the family shall each
receive fifteen dollars ($15) per day, up to a daily maximum of one
hundred twenty-five dollars ($125). County welfare departments may
increase the daily amount available for temporary shelter as
necessary to secure the additional bedspace needed by the family.
(ii) This special need shall be granted or denied immediately upon
the family's application for homeless assistance, and benefits shall
be available for up to three working days. The county welfare
department shall verify the family's homelessness within the first
three working days and if the family meets the criteria of
questionable homelessness established by the department, the county
welfare department shall
refer the family to its early fraud prevention and detection unit, if
the county has such a unit, for assistance in the verification of
homelessness within this period.
(iii) After homelessness has been verified, the three-day limit
shall be extended for a period of time which, when added to the
initial benefits provided, does not exceed a total of 16 calendar
days. This extension of benefits shall be done in increments of one
week and shall be based upon searching for permanent housing which
shall be documented on a housing search form; good cause; or other
circumstances defined by the department. Documentation of a housing
search shall be required for the initial extension of benefits beyond
the three-day limit and on a weekly basis thereafter as long as the
family is receiving temporary shelter benefits. Good cause shall
include, but is not limited to, situations in which the county
welfare department has determined that the family, to the extent it
is capable, has made a good faith but unsuccessful effort to secure
permanent housing while receiving temporary shelter benefits.
(B) A nonrecurring special need for permanent housing assistance
is available to pay for last month's rent and security deposits when
these payments are reasonable conditions of securing a residence, or
to pay for up to two months of rent arrearages, when these payments
are a reasonable condition of preventing eviction.
The last month's rent or monthly arrearage portion of the payment
(i) shall not exceed 80 percent of the family's total monthly
household income without the value of CalFresh benefits or special
needs for a family of that size and (ii) shall only be made to
families that have found permanent housing costing no more than 80
percent of the family's total monthly household income without the
value of CalFresh benefits or special needs for a family of that
size.
However, if the county welfare department determines that a family
intends to reside with individuals who will be sharing housing
costs, the county welfare department shall, in appropriate
circumstances, set aside the condition specified in clause (ii) of
the preceding paragraph.
(C) The nonrecurring special need for permanent housing assistance
is also available to cover the standard costs of deposits for
utilities which are necessary for the health and safety of the
family.
(D) A payment for or denial of permanent housing assistance shall
be issued no later than one working day from the time that a family
presents evidence of the availability of permanent housing. If an
applicant family provides evidence of the availability of permanent
housing before the county welfare department has established
eligibility for aid under this chapter, the county welfare department
shall complete the eligibility determination so that the denial of
or payment for permanent housing assistance is issued within one
working day from the submission of evidence of the availability of
permanent housing, unless the family has failed to provide all of the
verification necessary to establish eligibility for aid under this
chapter.
(E) (i) Except as provided in clauses (ii) and (iii), eligibility
for the temporary shelter assistance and the permanent housing
assistance pursuant to this paragraph shall be limited to one period
of up to 16 consecutive calendar days of temporary assistance and one
payment of permanent assistance. Any family that includes a parent
or nonparent caretaker relative living in the home who has previously
received temporary or permanent homeless assistance at any time on
behalf of an eligible child shall not be eligible for further
homeless assistance. Any person who applies for homeless assistance
benefits shall be informed that the temporary shelter benefit of up
to 16 consecutive days is available only once in a lifetime, with
certain exceptions, and that a break in the consecutive use of the
benefit constitutes permanent exhaustion of the temporary benefit.
(ii) A family that becomes homeless as a direct and primary result
of a state or federally declared natural disaster shall be eligible
for temporary and permanent homeless assistance.
(iii) A family shall be eligible for temporary and permanent
homeless assistance when homelessness is a direct result of domestic
violence by a spouse, partner, or roommate; physical or mental
illness that is medically verified that shall not include a diagnosis
of alcoholism, drug addiction, or psychological stress; or the
uninhabitability of the former residence caused by sudden and unusual
circumstances beyond the control of the family including natural
catastrophe, fire, or condemnation. These circumstances shall be
verified by a third-party governmental or private health and human
services agency, except that domestic violence may also be verified
by a sworn statement by the victim, as provided under Section
11495.25. Homeless assistance payments based on these specific
circumstances may not be received more often than once in any
12-month period. In addition, if the domestic violence is verified by
a sworn statement by the victim, the homeless assistance payments
shall be limited to two periods of not more than 16 consecutive
calendar days of temporary assistance and two payments of permanent
assistance. A county may require that a recipient of homeless
assistance benefits who qualifies under this paragraph for a second
time in a 24-month period participate in a homelessness avoidance
case plan as a condition of eligibility for homeless assistance
benefits. The county welfare department shall immediately inform
recipients who verify domestic violence by a sworn statement pursuant
to this clause (iii) of the
availability of domestic violence counseling and services, and refer
those recipients to services upon request.
(iv) If a county requires a recipient who verifies domestic
violence by a sworn statement to participate in a homelessness
avoidance case plan pursuant to clause (iii), the plan shall include
the provision of domestic violence services, if appropriate.
(v) If a recipient seeking homeless assistance based on domestic
violence pursuant to clause (iii) has previously received homeless
avoidance services based on domestic violence, the county shall
review whether services were offered to the recipient and consider
what additional services would assist the recipient in leaving the
domestic violence situation.
(vi) The county welfare department shall report to the department
, through a statewide homeless assistance payment
indicator system, necessary data, as requested by the department,
regarding all recipients of aid under this paragraph.
(F) The county welfare departments, and all other entities
participating in the costs of the AFDC program, have the right in
their share to any refunds resulting from payment of the permanent
housing. However, if an emergency requires the family to move within
the 12-month period specified in subparagraph (E), the family shall
be allowed to use any refunds received from its deposits to meet the
costs of moving to another residence.
(G) Payments to providers for temporary shelter and permanent
housing and utilities shall be made on behalf of families requesting
these payments.
(H) The daily amount for the temporary shelter special need for
homeless assistance may be increased if authorized by the current
year's Budget Act by specifying a different daily allowance and
appropriating the funds therefor.
(I) No payment shall be made pursuant to this paragraph unless the
provider of housing is a commercial establishment, shelter, or
person in the business of renting properties who has a history of
renting properties.
(g) The department shall establish rules and regulations ensuring
the uniform application statewide of this subdivision
section .
(h) The department shall notify all applicants and recipients of
aid through the standardized application form that these benefits are
available and shall provide an opportunity for recipients to apply
for the funds quickly and efficiently.
(i) Except for the purposes of Section 15200, the amounts payable
to recipients pursuant to Section 11453.1 shall not constitute part
of the payment schedule set forth in subdivision (a).
The subdivision (a). The amounts
payable to recipients pursuant to Section 11453.1 shall not
constitute income to recipients of aid under this section.
(j) For children receiving Kin-GAP pursuant to Article 4.5
(commencing with Section 11360) or Article 4.7 (commencing with
Section 11385) there shall be paid, exclusive of any amount
considered exempt as income, an amount of aid each month, which, when
added to the child's income, is equal to the rate specified in
Sections 11364 and 11387.
(k) (1) A county shall comply with the quarterly reporting
provisions of this section until the county certifies to the director
that semiannual reporting has been implemented in the county.
(2)
(k) This section shall become inoperative on
October 1, 2013 the first day of the first month
following 90 days after the effective date of the act that added this
section, or October 1, 2012, whichever is later , and, as of
January 1, 2014, is repealed, unless a later enacted statute that is
enacted before January 1, 2014, deletes or extends the dates on which
it becomes inoperative and is repealed.
SEC. 29. Section 11450 of the
Welfare and Institutions Code , as added by Section
14 of Chapter 501 of the Statutes of 2011, is amended to read:
11450. (a) (1) Aid shall be paid for each needy family, which
shall include all eligible brothers and sisters of each eligible
applicant or recipient child and the parents of the children, but
shall not include unborn children, or recipients of aid under Chapter
3 (commencing with Section 12000), qualified for aid under this
chapter. In determining the amount of aid paid, and notwithstanding
the minimum basic standards of adequate care specified in Section
11452, the family's income, exclusive of any amounts considered
exempt as income or paid pursuant to subdivision (e) or Section
11453.1, determined for the prospective semiannual period pursuant to
Sections 11265.2 and 11265.3, and then calculated pursuant to
Section 11451.5, shall be deducted from the sum specified in the
following table, tables, as adjusted
for cost-of-living increases pursuant to Section 11453 and paragraph
(2). In no case shall the amount of aid paid for each month exceed
the sum specified in the following table, as adjusted for
cost-of-living increases pursuant to Section 11453 and paragraph (2),
plus any special needs, as specified in subdivisions (c), (e), and
(f):
Number
of
eligible
needy
persons
in Maximum
the same home aid
1................................. $ 326
2................................. 535
3................................. 663
4................................. 788
5................................. 899
6................................. 1,010
7................................. 1,109
8................................. 1,209
9................................. 1,306
10 or more......................... 1,403
If, when, and during those times that the United States government
increases or decreases its contributions in assistance of needy
children in this state above or below the amount paid on July 1,
1972, the amounts specified in the above table shall be increased or
decreased by an amount equal to that increase or decrease by the
United States government, provided that no increase or decrease shall
be subject to subsequent adjustment pursuant to Section 11453.
+---------------------------------------------------+
|CalWORKs Basic and CalWORKs Plus Programs |
+-------------+-----------+-------------+-----------+
|Number of |Maximum |Number of |Maximum |
|eligible |aid payment|eligible |aid payment|
|needy | |needy | |
|persons in | |persons in | |
|the same | |the same | |
|home Region | |home Region | |
|1 pursuant | |2 pursuant | |
|to Section | |to Section | |
|11452.018 | |11452.018 | |
+-------------+-----------+-------------+-----------+
|1 |$ 317 |1 |$ 300 |
+-------------+-----------+-------------+-----------+
|2 | 516 |2 | 490 |
+-------------+-----------+-------------+-----------+
|3 | 638 |3 | 608 |
+-------------+-----------+-------------+-----------+
|4 | 762 |4 | 725 |
+-------------+-----------+-------------+-----------+
|5 | 866 |5 | 825 |
+-------------+-----------+-------------+-----------+
|6 | 972 |6 | 926 |
+-------------+-----------+-------------+-----------+
|7 |1,069 |7 |1,016 |
+-------------+-----------+-------------+-----------+
|8 |1,164 |8 |1,109 |
+-------------+-----------+-------------+-----------+
|9 |1,258 |9 |1,198 |
+-------------+-----------+-------------+-----------+
|10 or more |1,351 |10 or more |1,286 |
+-------------+-----------+-------------+-----------+
+---------------------------------------------------+
|Child Maintenance Program |
+-------------+-----------+-------------+-----------+
|Number of |Maximum |Number of |Maximum |
|eligible |aid payment|eligible |aid payment|
|needy | |needy | |
|persons in | |persons in | |
|the same | |the same | |
|home Region | |home Region | |
|1 pursuant | |2 pursuant | |
|to Section | |to Section | |
|11452.018 | |11452.018 | |
+-------------+-----------+-------------+-----------+
|1 |$ 230 |1 |$ 218 |
+-------------+-----------+-------------+-----------+
|2 | 375 |2 | 356 |
+-------------+-----------+-------------+-----------+
|3 | 464 |3 | 442 |
+-------------+-----------+-------------+-----------+
|4 | 554 |4 | 527 |
+-------------+-----------+-------------+-----------+
|5 | 629 |5 | 600 |
+-------------+-----------+-------------+-----------+
|6 | 706 |6 | 673 |
+-------------+-----------+-------------+-----------+
|7 | 777 |7 | 738 |
+-------------+-----------+-------------+-----------+
|8 | 846 |8 | 806 |
+-------------+-----------+-------------+-----------+
|9 | 914 |9 | 871 |
+-------------+-----------+-------------+-----------+
|10 or more | 982 |10 or more | 935 |
+-------------+-----------+-------------+-----------+
(2) The sums specified in paragraph (1) shall not be adjusted for
cost of living for the 1990-91, 1991-92, 1992-93, 1993-94, 1994-95,
1995-96, 1996-97, and 1997-98 fiscal years, and through October 31,
1998, nor shall that amount be included in the base for calculating
any cost-of-living increases for any fiscal year thereafter.
Elimination of the cost-of-living adjustment pursuant to this
paragraph shall satisfy the requirements of Section 11453.05, and no
further reduction shall be made pursuant to that section.
(b) When the family does not include a needy child qualified for
aid under this chapter, aid shall be paid to a pregnant mother for
the month in which the birth is anticipated and for the three-month
period immediately prior to the month in which the birth is
anticipated in the amount that would otherwise be paid to one person,
as specified in subdivision (a), if the mother, and child, if born,
would have qualified for aid under this chapter. Verification of
pregnancy shall be required as a condition of eligibility for aid
under this subdivision.
(1) Aid shall also be paid to a pregnant woman with no other
children in the amount which would otherwise be paid to one person
under subdivision (a) at any time after verification of pregnancy if
the pregnant woman is also eligible for the Cal-Learn Program
described in Article 3.5 (commencing with Section 11331) and if the
mother, and child, if born, would have qualified for aid under this
chapter.
(2) Paragraph (1) shall apply only when the Cal-Learn Program is
operative.
(c) The amount of forty-seven dollars ($47) per month shall be
paid to pregnant mothers qualified for aid under subdivision (a) or
(b) to meet special needs resulting from pregnancy if the mother, and
child, if born, would have qualified for aid under this chapter.
County welfare departments shall refer all recipients of aid under
this subdivision to a local provider of the Women, Infants and
Children program. If that payment to pregnant mothers qualified for
aid under subdivision (a) is considered income under federal law in
the first five months of pregnancy, payments under this subdivision
shall not apply to persons eligible under subdivision (a), except for
the month in which birth is anticipated and for the three-month
period immediately prior to the month in which delivery is
anticipated, if the mother, and the child, if born, would have
qualified for aid under this chapter.
(d) For children receiving AFDC-FC under this chapter, there shall
be paid, exclusive of any amount considered exempt as income, an
amount of aid each month which, when added to the child's income, is
equal to the rate specified in Section 11460, 11461, 11462, 11462.1,
or 11463. In addition, the child shall be eligible for special needs,
as specified in departmental regulations.
(e) In addition to the amounts payable under subdivision (a) and
Section 11453.1, a family shall be entitled to receive an allowance
for recurring special needs not common to a majority of recipients.
These recurring special needs shall include, but not be limited to,
special diets upon the recommendation of a physician for
circumstances other than pregnancy, and unusual costs of
transportation, laundry, housekeeping services, telephone, and
utilities. The recurring special needs allowance for each family per
month shall not exceed that amount resulting from multiplying the sum
of ten dollars ($10) by the number of recipients in the family who
are eligible for assistance.
(f) After a family has used all available liquid resources, both
exempt and nonexempt, in excess of one hundred dollars ($100), with
the exception of funds deposited in a restricted account described in
subdivision (a) of Section 11155.2, the family shall also be
entitled to receive an allowance for nonrecurring special needs.
(1) An allowance for nonrecurring special needs shall be granted
for replacement of clothing and household equipment and for emergency
housing needs other than those needs addressed by paragraph (2).
These needs shall be caused by sudden and unusual circumstances
beyond the control of the needy family. The department shall
establish the allowance for each of the nonrecurring special need
items. The sum of all nonrecurring special needs provided by this
subdivision shall not exceed six hundred dollars ($600) per event.
(2) Homeless assistance is available to a homeless family seeking
shelter when the family is eligible for aid under this chapter.
Homeless assistance for temporary shelter is also available to
homeless families which are apparently eligible for aid under this
chapter. Apparent eligibility exists when evidence presented by the
applicant, or which is otherwise available to the county welfare
department, and the information provided on the application documents
indicate that there would be eligibility for aid under this chapter
if the evidence and information were verified. However, an alien
applicant who does not provide verification of his or her eligible
alien status, or a woman with no eligible children who does not
provide medical verification of pregnancy, is not apparently eligible
for purposes of this section.
A family is considered homeless, for the purpose of this section,
when the family lacks a fixed and regular nighttime residence; or the
family has a primary nighttime residence that is a supervised
publicly or privately operated shelter designed to provide temporary
living accommodations; or the family is residing in a public or
private place not designed for, or ordinarily used as, a regular
sleeping accommodation for human beings. A family is also considered
homeless for the purpose of this section if the family has received a
notice to pay rent or quit. The family shall demonstrate that the
eviction is the result of a verified financial hardship as a result
of extraordinary circumstances beyond their control, and not other
lease or rental violations, and that the family is experiencing a
financial crisis that could result in homelessness if preventative
assistance is not provided.
(A) (i) A nonrecurring special need of sixty-five dollars ($65) a
day shall be available to families of up to four members for the
costs of temporary shelter, subject to the requirements of this
paragraph. The fifth and additional members of the family shall each
receive fifteen dollars ($15) per day, up to a daily maximum of one
hundred twenty-five dollars ($125). County welfare departments may
increase the daily amount available for temporary shelter as
necessary to secure the additional bedspace needed by the family.
(ii) This special need shall be granted or denied immediately upon
the family's application for homeless assistance, and benefits shall
be available for up to three working days. The county welfare
department shall verify the family's homelessness within the first
three working days and if the family meets the criteria of
questionable homelessness established by the department, the county
welfare department shall refer the family to its early fraud
prevention and detection unit, if the county has such a unit, for
assistance in the verification of homelessness within this period.
(iii) After homelessness has been verified, the three-day limit
shall be extended for a period of time which, when added to the
initial benefits provided, does not exceed a total of 16 calendar
days. This extension of benefits shall be done in increments of one
week and shall be based upon searching for permanent housing which
shall be documented on a housing search form; good cause; or other
circumstances defined by the department. Documentation of a housing
search shall be required for the initial extension of benefits beyond
the three-day limit and on a weekly basis thereafter as long as the
family is receiving temporary shelter benefits. Good cause shall
include, but is not limited to, situations in which the county
welfare department has determined that the family, to the extent it
is capable, has made a good faith but unsuccessful effort to secure
permanent housing while receiving temporary shelter benefits.
(B) A nonrecurring special need for permanent housing assistance
is available to pay for last month's rent and security deposits when
these payments are reasonable conditions of securing a residence, or
to pay for up to two months of rent arrearages, when these payments
are a reasonable condition of preventing eviction.
The last month's rent or monthly arrearage portion of the payment
(i) shall not exceed 80 percent of the family's total monthly
household income without the value of CalFresh benefits or special
needs for a family of that size and (ii) shall only be made to
families that have found permanent housing costing no more than 80
percent of the family's total monthly household income without the
value of CalFresh benefits or special needs for a family of that
size.
However, if the county welfare department determines that a family
intends to reside with individuals who will be sharing housing
costs, the county welfare department shall, in appropriate
circumstances, set aside the condition specified in clause (ii) of
the preceding paragraph.
(C) The nonrecurring special need for permanent housing assistance
is also available to cover the standard costs of deposits for
utilities which are necessary for the health and safety of the
family.
(D) A payment for or denial of permanent housing assistance shall
be issued no later than one working day from the time that a family
presents evidence of the availability of permanent housing. If an
applicant family provides evidence of the availability of permanent
housing before the county welfare department has established
eligibility for aid under this chapter, the county welfare department
shall complete the eligibility determination so that the denial of
or payment for permanent housing assistance is issued within one
working day from the submission of evidence of the availability of
permanent housing, unless the family has failed to provide all of the
verification necessary to establish eligibility for aid under this
chapter.
(E) (i) Except as provided in clauses (ii) and (iii), eligibility
for the temporary shelter assistance and the permanent housing
assistance pursuant to this paragraph shall be limited to one period
of up to 16 consecutive calendar days of temporary assistance and one
payment of permanent assistance. Any family that includes a parent
or nonparent caretaker relative living in the home who has previously
received temporary or permanent homeless assistance at any time on
behalf of an eligible child shall not be eligible for further
homeless assistance. Any person who applies for homeless assistance
benefits shall be informed that
the temporary shelter benefit of up to 16 consecutive days is
available only once in a lifetime, with certain exceptions, and that
a break in the consecutive use of the benefit constitutes permanent
exhaustion of the temporary benefit.
(ii) A family that becomes homeless as a direct and primary result
of a state or federally declared natural disaster shall be eligible
for temporary and permanent homeless assistance.
(iii) A family shall be eligible for temporary and permanent
homeless assistance when homelessness is a direct result of domestic
violence by a spouse, partner, or roommate; physical or mental
illness that is medically verified that shall not include a diagnosis
of alcoholism, drug addiction, or psychological stress; or, the
uninhabitability of the former residence caused by sudden and unusual
circumstances beyond the control of the family including natural
catastrophe, fire, or condemnation. These circumstances shall be
verified by a third-party governmental or private health and human
services agency, except that domestic violence may also be verified
by a sworn statement by the victim, as provided under Section
11495.25. Homeless assistance payments based on these specific
circumstances may not be received more often than once in any
12-month period. In addition, if the domestic violence is verified by
a sworn statement by the victim, the homeless assistance payments
shall be limited to two periods of not more than 16 consecutive
calendar days of temporary assistance and two payments of permanent
assistance. A county may require that a recipient of homeless
assistance benefits who qualifies under this paragraph for a second
time in a 24-month period participate in a homelessness avoidance
case plan as a condition of eligibility for homeless assistance
benefits. The county welfare department shall immediately inform
recipients who verify domestic violence by a sworn statement pursuant
to this clause (iii) of the
availability of domestic violence counseling and services, and refer
those recipients to services upon request.
(iv) If a county requires a recipient who verifies domestic
violence by a sworn statement to participate in a homelessness
avoidance case plan pursuant to clause (iii), the plan shall include
the provision of domestic violence services, if appropriate.
(v) If a recipient seeking homeless assistance based on domestic
violence pursuant to clause (iii) has previously received homeless
avoidance services based on domestic violence, the county shall
review whether services were offered to the recipient and consider
what additional services would assist the recipient in leaving the
domestic violence situation.
(vi) The county welfare department shall report to the department
, through a statewide homeless assistance payment
indicator system, necessary data, as requested by the department,
regarding all recipients of aid under this paragraph.
(F) The county welfare departments, and all other entities
participating in the costs of the AFDC program, have the right in
their share to any refunds resulting from payment of the permanent
housing. However, if an emergency requires the family to move within
the 12-month period specified in subparagraph (E), the family shall
be allowed to use any refunds received from its deposits to meet the
costs of moving to another residence.
(G) Payments to providers for temporary shelter and permanent
housing and utilities shall be made on behalf of families requesting
these payments.
(H) The daily amount for the temporary shelter special need for
homeless assistance may be increased if authorized by the current
year's Budget Act by specifying a different daily allowance and
appropriating the funds therefor.
(I) No payment shall be made pursuant to this paragraph unless the
provider of housing is a commercial establishment, shelter, or
person in the business of renting properties who has a history of
renting properties.
(g) The department shall establish rules and regulations ensuring
the uniform application statewide of this subdivision
section .
(h) The department shall notify all applicants and recipients of
aid through the standardized application form that these benefits are
available and shall provide an opportunity for recipients to apply
for the funds quickly and efficiently.
(i) Except for the purposes of Section 15200, the amounts payable
to recipients pursuant to Section 11453.1 shall not constitute part
of the payment schedule set forth in subdivision (a)
.
The subdivision (a). The amounts
payable to recipients pursuant to Section 11453.1 shall not
constitute income to recipients of aid under this section.
(j) For children receiving Kin-GAP pursuant to Article 4.5
(commencing with Section 11360) or Article 4.7 (commencing with
Section 11385) there shall be paid, exclusive of any amount
considered exempt as income, an amount of aid each month, which, when
added to the child's income, is equal to the rate specified in
Sections 11364 and 11387.
(k) (1) This section shall become operative on April 1, 2013. A
county shall implement the semiannual reporting requirements in
accordance with the act that added this section no later than October
1, 2013.
(2) Upon implementation described in paragraph (1), each county
shall provide a certificate to the director certifying that
semiannual reporting has been implemented in the county.
(3) Upon filing the certificate described in paragraph (2), a
county shall comply with the semiannual reporting provisions of this
section.
SEC. 30. Section 11450 is added to the
Welfare and Institutions Code , to read:
11450. (a) (1) Aid shall be paid for each needy family, which
shall include all eligible brothers and sisters of each eligible
applicant or recipient child and the parents of the children, but
shall not include unborn children, or recipients of aid under Chapter
3 (commencing with Section 12000), qualified for aid under this
chapter. In determining the amount of aid paid, and notwithstanding
the minimum basic standards of adequate care specified in Section
11452, the family's income, exclusive of any amounts considered
exempt as income or paid pursuant to subdivision (e) or Section
11453.1, averaged for the prospective quarter pursuant to Sections
11265.2 and 11265.3, and then calculated pursuant to Section 11451.5,
shall be deducted from the sum specified in the following table, as
adjusted for cost-of-living increases pursuant to Section 11453 and
paragraph (2). In no case shall the amount of aid paid for each month
exceed the sum specified in the following tables, as adjusted for
cost-of-living increases pursuant to Section 11453 and paragraph (2),
plus any special needs, as specified in subdivisions (c), (e), and
(f):
+---------------------------------------------------+
|CalWORKs Basic and CalWORKs Plus Programs |
+-------------+-----------+-------------+-----------+
|Number of |Maximum |Number of |Maximum |
|eligible |aid payment|eligible |aid payment|
|needy | |needy | |
|persons in | |persons in | |
|the same | |the same | |
|home Region | |home Region | |
|1 pursuant | |2 pursuant | |
|to Section | |to Section | |
|11452.018 | |11452.018 | |
+-------------+-----------+-------------+-----------+
|1 |$ 317 |1 |$ 300 |
+-------------+-----------+-------------+-----------+
|2 | 516 |2 | 490 |
+-------------+-----------+-------------+-----------+
|3 | 638 |3 | 608 |
+-------------+-----------+-------------+-----------+
|4 | 762 |4 | 725 |
+-------------+-----------+-------------+-----------+
|5 | 866 |5 | 825 |
+-------------+-----------+-------------+-----------+
|6 | 972 |6 | 926 |
+-------------+-----------+-------------+-----------+
|7 |1,069 |7 |1,016 |
+-------------+-----------+-------------+-----------+
|8 |1,164 |8 |1,109 |
+-------------+-----------+-------------+-----------+
|9 |1,258 |9 |1,198 |
+-------------+-----------+-------------+-----------+
|10 or more |1,351 |10 or more |1,286 |
+-------------+-----------+-------------+-----------+
+---------------------------------------------------+
|Child Maintenance Program |
+-------------+-----------+-------------+-----------+
|Number of |Maximum |Number of |Maximum |
|eligible |aid payment|eligible |aid payment|
|needy | |needy | |
|persons in | |persons in | |
|the same | |the same | |
|home Region | |home Region | |
|1 pursuant | |2 pursuant | |
|to Section | |to Section | |
|11452.018 | |11452.018 | |
+-------------+-----------+-------------+-----------+
|1 |$ 230 |1 |$ 218 |
+-------------+-----------+-------------+-----------+
|2 | 375 |2 | 356 |
+-------------+-----------+-------------+-----------+
|3 | 464 |3 | 442 |
+-------------+-----------+-------------+-----------+
|4 | 554 |4 | 527 |
+-------------+-----------+-------------+-----------+
|5 | 629 |5 | 600 |
+-------------+-----------+-------------+-----------+
|6 | 706 |6 | 673 |
+-------------+-----------+-------------+-----------+
|7 | 777 |7 | 738 |
+-------------+-----------+-------------+-----------+
|8 | 846 |8 | 806 |
+-------------+-----------+-------------+-----------+
|9 | 914 |9 | 871 |
+-------------+-----------+-------------+-----------+
|10 or more | 982 |10 or more | 935 |
+-------------+-----------+-------------+-----------+
(2) The sums specified in paragraph (1) shall not be adjusted for
cost of living for the 1990-91, 1991-92, 1992-93, 1993-94, 1994-95,
1995-96, 1996-97, and 1997-98 fiscal years, and through October 31,
1998, nor shall that amount be included in the base for calculating
any cost-of-living increases for any fiscal year thereafter.
(b) When the family does not include a needy child qualified for
aid under this chapter, aid shall be paid to a pregnant mother for
the month in which the birth is anticipated and for the three-month
period immediately prior to the month in which the birth is
anticipated in the amount that would otherwise be paid to one person,
as specified in subdivision (a), if the mother, and child, if born,
would have qualified for aid under this chapter. Verification of
pregnancy shall be required as a condition of eligibility for aid
under this subdivision.
(c) The amount of forty-seven dollars ($47) per month shall be
paid to pregnant mothers qualified for aid under subdivision (a) or
(b) to meet special needs resulting from pregnancy if the mother, and
child, if born, would have qualified for aid under this chapter.
County welfare departments shall refer all recipients of aid under
this subdivision to a local provider of the Women, Infants and
Children program. If that payment to pregnant mothers qualified for
aid under subdivision (a) is considered income under federal law in
the first five months of pregnancy, payments under this subdivision
shall not apply to persons eligible under subdivision (a), except for
the month in which birth is anticipated and for the three-month
period immediately prior to the month in which delivery is
anticipated, if the mother, and the child, if born, would have
qualified for aid under this chapter.
(d) For children receiving AFDC-FC under this chapter, there shall
be paid, exclusive of any amount considered exempt as income, an
amount of aid each month which, when added to the child's income, is
equal to the rate specified in Section 11460, 11461, 11462, 11462.1,
or 11463. In addition, the child shall be eligible for special needs,
as specified in departmental regulations.
(e) In addition to the amounts payable under subdivision (a) and
Section 11453.1, a family shall be entitled to receive an allowance
for recurring special needs not common to a majority of recipients.
These recurring special needs shall include, but not be limited to,
special diets upon the recommendation of a physician for
circumstances other than pregnancy, and unusual costs of
transportation, laundry, housekeeping services, telephone, and
utilities. The recurring special needs allowance for each family per
month shall not exceed that amount resulting from multiplying the sum
of ten dollars ($10) by the number of recipients in the family who
are eligible for assistance.
(f) After a family has used all available liquid resources, both
exempt and nonexempt, in excess of one hundred dollars ($100), with
the exception of funds deposited in a restricted account described in
subdivision (a) of Section 11155.2, the family shall also be
entitled to receive an allowance for nonrecurring special needs.
(1) An allowance for nonrecurring special needs shall be granted
for replacement of clothing and household equipment and for emergency
housing needs other than those needs addressed by paragraph (2).
These needs shall be caused by sudden and unusual circumstances
beyond the control of the needy family. The department shall
establish the allowance for each of the nonrecurring special need
items. The sum of all nonrecurring special needs provided by this
subdivision shall not exceed six hundred dollars ($600) per event.
(2) Homeless assistance is available to a homeless family seeking
shelter when the family is eligible for aid under this chapter.
Homeless assistance for temporary shelter is also available to
homeless families which are apparently eligible for aid under this
chapter. Apparent eligibility exists when evidence presented by the
applicant, or which is otherwise available to the county welfare
department, and the information provided on the application documents
indicate that there would be eligibility for aid under this chapter
if the evidence and information were verified. However, an alien
applicant who does not provide verification of his or her eligible
alien status, or a woman with no eligible children who does not
provide medical verification of pregnancy, is not apparently eligible
for purposes of this section. A family is considered homeless, for
the purpose of this section, when the family lacks a fixed and
regular nighttime residence; or the family has a primary nighttime
residence that is a supervised publicly or privately operated shelter
designed to provide temporary living accommodations; or the family
is residing in a public or private place not designed for, or
ordinarily used as, a regular sleeping accommodation for human
beings. A family is also considered homeless for the purpose of this
section if the family has received a notice to pay rent or quit. The
family shall demonstrate that the eviction is the result of a
verified financial hardship as a result of extraordinary
circumstances beyond their control, and not other lease or rental
violations, and that the family is experiencing a financial crisis
that could result in homelessness if preventative assistance is not
provided.
(A) (i) A nonrecurring special need of sixty-five dollars ($65) a
day shall be available to families of up to four members for the
costs of temporary shelter, subject to the requirements of this
paragraph. The fifth and additional members of the family shall each
receive fifteen dollars ($15) per day, up to a daily maximum of one
hundred twenty-five dollars ($125). County welfare departments may
increase the daily amount available for temporary shelter as
necessary to secure the additional bedspace needed by the family.
(ii) This special need shall be granted or denied immediately upon
the family's application for homeless assistance, and benefits shall
be available for up to three working days. The county welfare
department shall verify the family's homelessness within the first
three working days and if the family meets the criteria of
questionable homelessness established by the department, the county
welfare department shall refer the family to its early fraud
prevention and detection unit, if the county has such a unit, for
assistance in the verification of homelessness within this period.
(iii) After homelessness has been verified, the three-day limit
shall be extended for a period of time which, when added to the
initial benefits provided, does not exceed a total of 16 calendar
days. This extension of benefits shall be done in increments of one
week and shall be based upon searching for permanent housing which
shall be documented on a housing search form, good cause, or other
circumstances defined by the department. Documentation of a housing
search shall be required for the initial extension of benefits beyond
the three-day limit and on a weekly basis thereafter as long as the
family is receiving temporary shelter benefits. Good cause shall
include, but is not limited to, situations in which the county
welfare department has determined that the family, to the extent it
is capable, has made a good faith but unsuccessful effort to secure
permanent housing while receiving temporary shelter benefits.
(B) A nonrecurring special need for permanent housing assistance
is available to pay for last month's rent and security deposits when
these payments are reasonable conditions of securing a residence, or
to pay for up to two months of rent arrearages, when these payments
are a reasonable condition of preventing eviction. The last month's
rent or monthly arrearage portion of the payment (i) shall not exceed
80 percent of the family's total monthly household income without
the value of CalFresh benefits or special needs for a family of that
size and (ii) shall only be made to families that have found
permanent housing costing no more than 80 percent of the family's
total monthly household income without the value of CalFresh benefits
or special needs for a family of that size. However, if the county
welfare department determines that a family intends to reside with
individuals who will be sharing housing costs, the county welfare
department, in appropriate circumstances, shall set aside the
condition specified in clause (ii) of the preceding paragraph.
(C) The nonrecurring special need for permanent housing assistance
is also available to cover the standard costs of deposits for
utilities which are necessary for the health and safety of the
family.
(D) A payment for or denial of permanent housing assistance shall
be issued no later than one working day from the time that a family
presents evidence of the availability of permanent housing. If an
applicant family provides evidence of the availability of permanent
housing before the county welfare department has established
eligibility for aid under this chapter, the county welfare department
shall complete the eligibility determination so that the denial of
or payment for permanent housing assistance is issued within one
working day from the submission of evidence of the availability of
permanent housing, unless the family has failed to provide all of the
verification necessary to establish eligibility for aid under this
chapter.
(E) (i) Except as provided in clauses (ii) and (iii), eligibility
for the temporary shelter assistance and the permanent housing
assistance pursuant to this paragraph shall be limited to one period
of up to 16 consecutive calendar days of temporary assistance and one
payment of permanent assistance. Any family that includes a parent
or nonparent caretaker relative living in the home who has previously
received temporary or permanent homeless assistance at any time on
behalf of an eligible child shall not be eligible for further
homeless assistance. Any person who applies for homeless assistance
benefits shall be informed that the temporary shelter benefit of up
to 16 consecutive days is available only once in a lifetime, with
certain exceptions, and that a break in the consecutive use of the
benefit constitutes permanent exhaustion of the temporary benefit.
(ii) A family that becomes homeless as a direct and primary result
of a state or federally declared natural disaster shall be eligible
for temporary and permanent homeless assistance.
(iii) A family shall be eligible for temporary and permanent
homeless assistance when homelessness is a direct result of domestic
violence by a spouse, partner, or roommate; physical or mental
illness that is medically verified that shall not include a diagnosis
of alcoholism, drug addiction, or psychological stress; or the
uninhabitability of the former residence caused by sudden and unusual
circumstances beyond the control of the family including natural
catastrophe, fire, or condemnation. These circumstances shall be
verified by a third-party governmental or private health and human
services agency, except that domestic violence may also be verified
by a sworn statement by the victim, as provided under Section
11495.25. Homeless assistance payments based on these specific
circumstances may not be received more often than once in any
12-month period. In addition, if the domestic violence is verified by
a sworn statement by the victim, the homeless assistance payments
shall be limited to two periods of not more than 16 consecutive
calendar days of temporary assistance and two payments of permanent
assistance. A county may require that a recipient of homeless
assistance benefits who qualifies under this paragraph for a second
time in a 24-month period participate in a homelessness avoidance
case plan as a condition of eligibility for homeless assistance
benefits. The county welfare department shall immediately inform
recipients who verify domestic violence by a sworn statement pursuant
to this clause of the availability of domestic violence counseling
and services, and refer those recipients to services upon request.
(iv) If a county requires a recipient who verifies domestic
violence by a sworn statement to participate in a homelessness
avoidance case plan pursuant to clause (iii), the plan shall include
the provision of domestic violence services, if appropriate.
(v) If a recipient seeking homeless assistance based on domestic
violence pursuant to clause (iii) has previously received homeless
avoidance services based on domestic violence, the county shall
review whether services were offered to the recipient and consider
what additional services would assist the recipient in leaving the
domestic violence situation.
(vi) The county welfare department shall report to the department
through a statewide homeless assistance payment indicator system
necessary data, as requested by the department, regarding all
recipients of aid under this paragraph.
(F) The county welfare departments, and all other entities
participating in the costs of the AFDC program, have the right in
their share to any refunds resulting from payment of the permanent
housing. However, if an emergency requires the family to move within
the 12-month period specified in subparagraph (E), the family shall
be allowed to use any refunds received from its deposits to meet the
costs of moving to another residence.
(G) Payments to providers for temporary shelter and permanent
housing and utilities shall be made on behalf of families requesting
these payments.
(H) The daily amount for the temporary shelter special need for
homeless assistance may be increased if authorized by the current
year's Budget Act by specifying
a different daily allowance and appropriating the funds
therefor.
(I) No payment shall be made pursuant to this paragraph unless the
provider of housing is a commercial establishment, shelter, or
person in the business of renting properties who has a history of
renting properties.
(g) The department shall establish rules and regulations ensuring
the uniform application statewide of this section.
(h) The department shall notify all applicants and recipients of
aid through the standardized application form that these benefits are
available and shall provide an opportunity for recipients to apply
for the funds quickly and efficiently.
(i) Except for the purposes of Section 15200, the amounts payable
to recipients pursuant to Section 11453.1 shall not constitute part
of the payment schedule set forth in subdivision (a).
The amounts payable to recipients pursuant to Section 11453.1
shall not constitute income to recipients of aid under this section.
(j) For children receiving Kin-GAP pursuant to Article 4.5
(commencing with Section 11360) or Article 4.7 (commencing with
Section 11385) there shall be paid, exclusive of any amount
considered exempt as income, an amount of aid each month, which, when
added to the child's income, is equal to the rate specified in
Sections 11364 and 11387.
(k) This section shall become operative on the first day of the
first month following 90 days after the effective date of the act
that added this section, or October 1, 2012, whichever is later.
(l) (1) A county shall comply with the quarterly reporting
provisions of this section until the county certifies to the director
that semiannual reporting has been implemented in the county.
(2) This section shall become inoperative on April 1, 2013, and,
as of January 1, 2014, is repealed, unless a later enacted statute
that is enacted before January 1, 2014, deletes or extends the dates
on which it becomes inoperative and is repealed.
SEC. 31. Section 11450.01 of the
Welfare and Institutions Code is amended to read:
11450.01. (a) Notwithstanding any other provision of law,
commencing October 1, 1992, the maximum aid payments specified in
paragraph (1) of subdivision (a) of Section 11450 in effect on July
1, 1992, shall be reduced by 4.5 percent.
(b) (1) The department shall seek the approval from the United
States Department of Health and Human Services that is necessary to
reduce the maximum aid payments specified in subdivision (a) by an
additional amount equal to 1.3 percent of the maximum aid payments
specified in paragraph (1) of subdivision (a) of Section 11450 in
effect on July 1, 1992.
(2) The reduction provided by this subdivision shall be made on
the first day of the month following 30 days after the date of
approval by the United States Department of Health and Human
Services.
(c) This section shall become inoperative on the first day of the
first month following 90 days after the effective date of the act
that added this section, or October 1, 2012, whichever is later, and
as of January 1, 2014, is repealed, unless a later enacted statute,
that is enacted before January 1, 2014, deletes or extends that date.
SEC. 32. Section 11450.015 of the
Welfare and Institutions Code is amended to read:
11450.015. (a) Notwithstanding any other
provision of law, the maximum aid payments in effect on June 30,
1993, in accordance with paragraph (1) of subdivision (a) of Section
11450 as reduced by subdivisions (a) and (b) of Section 11450.01,
shall be reduced by 2.7 percent beginning the first of the month
following 60 days after the enactment of this section.
(b) This section shall become inoperative on the first day of the
first month following 90 days after the effective date of the act
that added this section, or October 1, 2012, whichever is later, and
as of January 1, 2014, is repealed, unless a later enacted statute,
that is enacted before January 1, 2014, deletes or extends that date.
SEC. 33. Section 11450.017 of the
Welfare and Institutions Code is amended to read:
11450.017. (a) Notwithstanding any other
provision of law, the maximum aid payment in effect on June 30, 1994,
in accordance with paragraph (1) of subdivision (a) of Section 11450
as reduced by subdivisions (a) and (b) of Section 11450.01 and
Section 11450.015, shall be reduced by 2.3 percent beginning the
first of the month following 50 days after the effective date of this
section.
(b) This section shall become inoperative on the first day of the
first month following 90 days after the effective date of the act
that added this section, or October 1, 2012, whichever is later, and
as of January 1, 2014, is repealed, unless a later enacted statute,
that is enacted before January 1, 2014, deletes or extends that date.
SEC. 34. Section 11450.018 of the
Welfare and Institutions Code is amended to read:
11450.018. (a) Notwithstanding any other provision of law, the
maximum aid payment in accordance with paragraph (1) of subdivision
(a) of Section 11450 as reduced by subdivisions (a) and (b) of
Section 11450.01, Section 11450.015, and Section 11450.017, shall be
reduced by 4.9 percent for counties in Region 2, as specified in
Section 11452.018.
(b) Notwithstanding any other provision of law, through October
31, 1998, the maximum aid payment in accordance with paragraph (1) of
subdivision (a) of Section 11450, as reduced by subdivision (a) and
(b) of Section 11450.01, Section 11450.015, Section 11450.017, and
subdivision (a) shall be reduced by 4.9 percent.
(c) Prior to implementing the reductions specified in subdivisions
(a) and (b), the director shall apply for and obtain a waiver from
the United States Department of Health and Human Services of Section
1396a(c)(1) of Title 42 of the United States Code. The reduction
shall be implemented to the extent the waiver is granted and only so
long as the waiver is effective. This subdivision shall not apply if
either the federal waiver process set forth at Section 1315 of Title
42 of the United States Code or Section 1396a(c) is repealed or
modified such that a waiver is not necessary to implement subdivision
(a) or (b).
(d) This section shall become operative and the reductions
specified in subdivisions (a) and (b) shall commence on the first day
of the month following 30 days after the receipt of federal approval
or on the first day of the month following 30 days after a change in
federal law that allows states to reduce aid payments without any
risk to federal funding under Title XIX of the Social Security Act,
whichever is earlier, but no earlier than October 1, 1995.
(e) This section shall become inoperative on the first day of the
first month following 90 days after the effective date of the act
that added this section, or October 1, 2012, whichever is later, and
as of January 1, 2014, is repealed, unless a later enacted statute,
that is enacted before January 1, 2014, deletes or extends that date.
SEC. 35. Section 11450.019 of the
Welfare and Institutions Code is amended to read:
11450.019. (a) Effective the first day of
the month following 90 days after a change in federal law that allows
states to reduce aid payments without any risk to federal funding
under Title XIX of the Social Security Act contained in Subchapter
XIX (commencing with Section 1396) of Chapter 7 of Title 42 of the
United States Code, the reductions in maximum aid payments specified
in Sections 11450.01, 11450.015, and 11450.017 shall not be applied
when all of the parents or caretaker relatives of the aided child
living in the home of the aided child meet one of the following
conditions:
(a)
(1) The individual is disabled and receiving benefits
under Section 12200 or 12300.
(b)
(2) The individual is a nonparent caretaker who is not
included in the assistance unit with the child.
(c)
(3) The individual is disabled and is receiving State
Disability Insurance benefits or Worker's Compensation Temporary
Disability benefits.
(b) This section shall become inoperative on the first day of the
first month following 90 days after the effective date of the act
that added this section, or October 1, 2012, whichever is later, and
as of January 1, 2014, is repealed, unless a later enacted statute,
that is enacted before January 1, 2014, deletes or extends that date.
SEC. 36. Section 11450.02 of the Welfare
and Institutions Code is amended to read:
11450.02. (a) Notwithstanding any other provision of law,
commencing July 1, 2009, the maximum aid payments in effect September
1, 2007, as specified in paragraph (1) of subdivision (a) of Section
11450, shall be reduced by 4 percent.
(b) Notwithstanding any other law, the maximum aid payments in
effect on July 1, 2009, as specified in subdivision (a), shall be
reduced by 8 percent, effective on June 1, 2011, or on the first day
of the first month following 90 days after the effective date of the
act that added this subdivision, whichever is later.
(c) This section shall become inoperative on the first day of the
first month following 90 days after the effective date of the act
that added this section, or October 1, 2012, whichever is later, and
as of January 1, 2014, is repealed, unless a later enacted statute,
that is enacted before January 1, 2014, deletes or extends that date.
SEC. 37. Section 11450.03 of the
Welfare and Institutions Code is amended to read:
11450.03. (a) Notwithstanding the maximum aid payments specified
in paragraph (1) of subdivision (a) of Section 11450, families that
have resided in this state for less than 12 months shall be paid an
amount calculated in accordance with paragraph (1) of subdivision (a)
of Section 11450, not to exceed the maximum aid payment that would
have been received by that family from the state of prior residence.
(b) This section shall not become operative until the date of
approval by the United States Secretary of Health and Human Services
necessary to implement the provisions of this section so as to ensure
the continued compliance of the state plan for the following:
(1) Title IV of the federal Social Security Act (Subchapter 4
(commencing with Section 601) of Chapter 7 of Title 42 of the United
States Code).
(2) Title IX of the federal Social Security Act (Subchapter 19
(commencing with Section 1396) of Chapter 7 of Title 42 of the United
States Code).
(c) This section shall become inoperative on the first day of the
first month following 90 days after the effective date of the act
that added this section, or October 1, 2012, whichever is later, and
as of January 1, 2014, is repealed, unless a later enacted statute,
that is enacted before January 1, 2014, deletes or extends that date.
SEC. 38. Section 11451.5 of the
Welfare and Institutions Code , as amended by Section
19 of Chapter 501 of the Statutes of 2011, is amended to read:
11451.5. (a) Except as provided by subdivision (f) of Section
11322.6, the following income, averaged over the quarter pursuant to
Sections 11265.2 and 11265.3, shall be exempt from the calculation of
the income of the family for purposes of subdivision (a) of Section
11450:
(1) If disability-based unearned income does not exceed two
hundred twenty-five dollars ($225), both of the following amounts:
(A) All disability-based unearned income, plus any amount of not
otherwise exempt earned income not in excess of the lesser of the
following:
(i) One hundred twelve dollars ($112).
(ii) The amount of the difference between the amount of
disability-based unearned income and two hundred twenty-five dollars
($225).
(B) Fifty percent of all not otherwise exempt earned income in
excess of the amount applied to meet the differential applied in
subparagraph (A).
(2) If disability-based unearned income exceeds two hundred
twenty-five dollars ($225), both of the following amounts:
(A) All of the first two hundred twenty-five dollars ($225) in
disability-based unearned income.
(B) Fifty percent of all earned income.
(b) For purposes of this section:
(1) Earned income means gross income received as wages, salary,
employer-provided sick leave benefits, commissions, or profits from
activities such as a business enterprise or farming in which the
recipient is engaged as a self-employed individual or as an employee.
(2) Disability-based unearned income means state disability
insurance benefits, private disability insurance benefits, temporary
workers' compensation benefits, and social security disability
benefits.
(3) Unearned income means any income not described in paragraph
(1) or (2).
(c) This section shall become operative on the first day of the
first month following 90 days after the effective date of the act
that added this section, or June 1, 2011, whichever is later.
(d) (1) A county shall comply with the quarterly reporting
provisions of this section until the county certifies to the director
that semiannual reporting has been implemented in the county.
(2)
(c) This section shall become inoperative on
October 1, 2013, and the first day of the first month
follo wing 90 days after the effective date of the act
that added this section, or October 1, 2012, whichever is later
, as of January 1, 2014, is repealed, unless a later enacted statute
that is enacted before January 1, 2014, deletes or extends the dates
on which it becomes inoperative and is repealed.
SEC. 39. Section 11451.5 of the
Welfare and Institutions Code , as added by Section
20 of Chapter 501 of the Statutes of 2011, is amended to read:
11451.5. (a) Except as provided by subdivision (f) of
Section 11322.6 For grants provided to recipients of
the CalWORKs Basic Program in accordance with Article 3 (commencing
with Section 11300) , the following income, determined for the
semiannual period pursuant to Sections 11265.2 and 11265.3, shall be
exempt from the calculation of the income of the family for purposes
of subdivision (a) of Section 11450:
(1) If disability-based unearned income does not exceed two
hundred twenty-five dollars ($225), both of the following amounts:
(A) All disability-based unearned income, plus any amount of not
otherwise exempt earned income not in excess of the lesser of the
following:
(i) One hundred twelve dollars ($112).
(ii) The amount of the difference between the amount of
disability-based unearned income and two hundred twenty-five dollars
($225).
(B) Fifty percent of all not otherwise exempt earned income in
excess of the amount applied to meet the differential applied in
subparagraph (A).
(2) If disability-based unearned income exceeds two hundred
twenty-five dollars ($225), both of the following amounts:
(A) All of the first two hundred twenty-five dollars ($225) in
disability-based unearned income.
(B) Fifty percent of all earned income.
(b) For grants provided to recipients of the CalWORKs Plus Program
in accordance with Article 3.5 (commencing with Section 11330), the
following income, determined for the semiannual period pursuant to
Sections 11265.2 and 11265.3, shall be exempt from the calculation of
the income of the family for purposes of subdivision (a) of Section
11450:
(1) If disability-based unearned income does not exceed two
hundred twenty-five dollars ($225), both of the following amounts:
(A) All disability-based unearned income, plus any amount of not
otherwise exempt earned income not in excess of the lesser of the
following:
(i) Two hundred dollars ($200).
(ii) The amount of the difference between the amount of
disability-based unearned income and two hundred twenty-five dollars
($225).
(B) Fifty percent of all not otherwise exempt earned income in
excess of the amount applied to meet the differential applied in
subparagraph (A).
(2) If disability-based unearned income exceeds two hundred
twenty-five dollars ($225), both of the following amounts:
(A) All of the first two hundred twenty-five dollars ($225) in
disability-based unearned income.
(B) Fifty percent of all earned income.
(c) For grants provided to recipients of the Child Maintenance
Program in accordance with Article 4 (commencing with Section 11340),
the following income shall be exempt from the calculation of the
income of the family for purposes of subdivision (a) of Section
11450:
(1) If disability-based unearned income does not exceed two
hundred twenty-five dollars ($225), both of the following amounts:
(A) All disability-based unearned income.
(B) Fifty percent of all not otherwise exempt earned income.
(2) If disability-based unearned income exceeds two hundred
twenty-five dollars ($225), both of the following amounts:
(A) All of the first two hundred twenty-five dollars ($225) in
disability-based unearned income.
(B) Fifty percent of all earned income.
(b)
(d) For purposes of this section , the following
definitions shall apply :
(1) Earned income "Earned income
" means gross income received as wages, salary,
employer-provided sick leave benefits, commissions, or profits from
activities such as a business enterprise or farming in which the
recipient is engaged as a self-employed individual or as an employee.
(2) Disability-based unearned income ??
Disability-based unearned income" means state disability
insurance benefits, private disability insurance benefits, temporary
workers' compensation benefits, and social security disability
benefits.
(3) Unearned income "Unearned
income " means any income not described
in paragraph (1) or (2).
(c) This section shall become operative on the first day of the
first month following 90 days after the effective date of the act
that added this section, or June 1, 2011, whichever is later.
(d)
(e) (1) This section shall become operative on April 1,
2013. A county shall implement the semiannual reporting requirements
in accordance with the act that added this section no later than
October 1, 2013.
(2) Upon implementation described in paragraph (1), each county
shall provide a certificate to the director certifying that
semiannual reporting has been implemented in the county.
(3) Upon filing the certificate described in paragraph (2), a
county shall comply with the semiannual reporting provisions of this
section.
SEC. 40. Section 11451.5 is added to the
Welfare and Institutions Code , to read:
11451.5. (a) For grants provided to recipients of the CalWORKs
Basic Program in accordance with Article 3 (commencing with Section
11300), the following income averaged over the quarter pursuant to
Sections 11265.2 and 11265.3 shall be exempt from the calculation of
the income of the family for purposes of subdivision (a) of Section
11450:
(1) If disability-based unearned income does not exceed two
hundred twenty-five dollars ($225), both of the following amounts:
(A) All disability-based unearned income, plus any amount of not
otherwise exempt earned income not in excess of the lesser of the
following:
(i) One hundred twelve dollars ($112).
(ii) The amount of the difference between the amount of
disability-based unearned income and two hundred twenty-five dollars
($225).
(B) Fifty percent of all not otherwise exempt earned income in
excess of the amount applied to meet the differential applied in
subparagraph (A).
(2) If disability-based unearned income exceeds two hundred
twenty-five dollars ($225), both of the following amounts:
(A) All of the first two hundred twenty-five dollars ($225) in
disability-based unearned income.
(B) Fifty percent of all earned income.
(b) For grants provided to recipients of the CalWORKs Plus Program
in accordance with Article 3.5 (commencing with Section 11330), the
following income averaged over the quarter pursuant to Sections
11265.2 and 11265.3 shall be exempt from the calculation of the
income of the family for purposes of subdivision (a) of Section
11450:
(1) If disability-based unearned income does not exceed two
hundred twenty-five dollars ($225), both of the following amounts:
(A) All disability-based unearned income, plus any amount of not
otherwise exempt earned income not in excess of the lesser of the
following:
(i) Two hundred dollars ($200).
(ii) The amount of the difference between the amount of
disability-based unearned income and two hundred twenty-five dollars
($225).
(B) Fifty percent of all not otherwise exempt earned income in
excess of the amount applied to meet the differential applied in
subparagraph (A).
(2) If disability-based unearned income exceeds two hundred
twenty-five dollars ($225), both of the following amounts:
(A) All of the first two hundred twenty-five dollars ($225) in
disability-based unearned income.
(B) Fifty percent of all earned income.
(c) For grants provided to recipients of the Child Maintenance
Program in accordance with Article 4 (commencing with Section 11340),
the following income shall be exempt from the calculation of the
income of the family for purposes of subdivision (a) of Section
11450:
(1) If disability-based unearned income does not exceed two
hundred twenty-five dollars ($225), both of the following amounts:
(A) All disability-based unearned income.
(B) Fifty percent of all not otherwise exempt earned income.
(2) If disability-based unearned income exceeds two hundred
twenty-five dollars ($225), both of the following amounts:
(A) All of the first two hundred twenty-five dollars ($225) in
disability-based unearned income.
(B) Fifty percent of all earned income.
(d) For purposes of this section, the following definitions shall
apply:
(1) "Earned income" means gross income received as wages, salary,
employer-provided sick leave benefits, commissions, or profits from
activities such as a business enterprise or farming in which the
recipient is engaged as a self-employed individual or as an employee.
(2) "Disability-based unearned income" means state disability
insurance benefits, private disability insurance benefits, temporary
workers' compensation benefits, and social security disability
benefits.
(3) "Unearned income" means any income not described in paragraph
(1) or (2).
(e) This section shall become operative on the first day of the
first month following 90 days after the effective date of the act
that added this section, or October 1, 2012, whichever is later.
(f) (1) A county shall comply with the quarterly reporting
provisions of this section until the county certifies to the director
that semiannual reporting has been implemented in the county.
(2) This section shall become inoperative on April 1, 2013, and,
as of January 1, 2014, is repealed, unless a later enacted statute
that is enacted before January 1, 2014, deletes or extends the dates
on which it becomes inoperative and is repealed.
SEC. 41. Section 11453.3 is added to the
Welfare and Institutions Code , to read:
11453.3. (a) Any participant required to participate pursuant to
subdivision (d) of Section 11320.3 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 11th calendar day of the month, or in the
second month following submission of the report card, if received by
the county after the 11th calendar day of the month.
(b) Any participant required to participate pursuant to
subdivision (d) of Section 11320.3 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.
(c) (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 an
A equals 4.0 points and an 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.
(d) This section shall become operative on July 1, 2012.
SEC. 42. Section 11454 of the Welfare
and Institutions Code is amended to read:
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 48 months.
(b) (1) Except as otherwise specified in subdivision (c), Section
11454.5, or any other provisions of
law, all months of aid received under this chapter from January 1,
1998, to the operative date of this section, inclusive, shall be
applied to the 48-month time limit described in subdivision (a).
(2) All months of aid received from January 1, 1998, to the
operative date of this section, inclusive, in any state pursuant to
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.)), shall be applied to the
48-month time limit described in subdivision (a).
(c) Subdivision (a) and paragraph (1) of subdivision (b) shall not
be applicable when all parents 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 become inoperative on the first day of the
first month following 90 days after the effective date of the act
that added this section, or October 1, 2012, whichever is later and,
as of January 1, 2014, is repealed, unless a later enacted statute
that is enacted before January 1, 2014, deletes or extends the dates
on which it becomes inoperative and is repealed.
SEC. 43. Sect ion 11454 is added to the
Welfare and Institutions Code , to read:
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 48 months.
(b) (1) Except as otherwise specified in Section 11454.5 or any
other law, all months of aid received under this chapter from January
1, 1998, to the operative date of this section, inclusive, shall be
applied to the 48-month time limit described in subdivision (a).
(2) All months of aid received from January 1, 1998, to the
operative date of this section, inclusive, in any state pursuant to
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.)), shall be applied to the
48-month time limit described in subdivision (a).
(c) Commencing the first day of the first month following 90 days
after the effective date of the act that added this section, or
October 1, 2012, whichever is later, a month in which a parent or
caretaker relative is under sanction in accordance with Section
11327.5 shall be applied towards the time limitations described in
subdivision (a).
(d) This section shall become operative on the first day of the
first month following 90 days after the effective date of the act
that added this section, or October 1, 2012, whichever is later.
SEC. 44. Section 11454.2 of the Welfare
and Institutions Code is repealed.
11454.2. For purposes of making the transition to the
requirements of the act that added this section, county welfare
departments shall provide any assistance unit that includes a member
who will reach the 48-month time limit described in subdivision (a)
of Section 11454 before January 1, 2012, a notice of action 30 days
prior to the date upon which the grant of the assistance unit will be
reduced. This notice shall include a statement of the rights granted
pursuant to Chapter 7 (commencing with Section 10950) of Part 2.
SEC. 45. Section 11454.5 of the Welfare
and Institutions Code is amended to read:
11454.5. (a) Any month in which the following conditions exist
shall not be counted as a month of receipt of aid for the purposes of
subdivision (a) of, and paragraph (1) 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), for any period during which the
Cal-Learn Program is operative, is participating in another teen
parent program approved by the department, or, on or after January 1,
2012, is a nonminor dependent under the supervision of the county
welfare or probation department who is placed in an approved relative'
s home and is eligible for aid under this section because he or she
satisfies the conditions described in Section 11403.
(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 Division 1
of Title 1 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.
(6) The recipient has been excused from participation for good
cause pursuant to paragraph (1) of subdivision (f) of Section
11320.3. This paragraph shall become inoperative on July 1, 2012.
(7) The recipient is exempt from participation due to caretaking
responsibilities that impair the recipient's ability to be regularly
employed, or is otherwise exempt, in accordance with paragraph (7) of
subdivision (b) of Section 11320.3. This paragraph shall become
inoperative on July 1, 2012.
(b) 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.
(c) This section shall become inoperative on the first day of the
first month following 90 days after the effective date of the act
that added this section, or October 1, 2012, whichever is later, and,
as of January 1, 2014, is repealed, unless a later enacted statute
that is enacted before January 1, 2014, deletes or extends the dates
on which it becomes inoperative and is repealed.
SEC. 46. Section 11454.5 is added to the
Welfare and Institutions Code , to read:
11454.5. (a) Any month in which any of the following conditions
exists shall not be counted as a month of receipt of aid for the
purposes of subdivision (a) of, and paragraph (1) of subdivision (b)
of, Section 11454:
(1) Any month the recipient is a nonminor dependent under the
supervision of the county welfare or probation department who is
placed in an approved relative's home and is eligible for aid under
this chapter because he or she satisfies the conditions described in
Section 11403.
(2) Any month of receipt of assistance by an adult while living in
Indian country, as defined in Section 1151 of Title 18 of the United
States Code, or a Native Alaskan Village where at least 50 percent
of the adults were not employed.
(3) Any month the recipient is a custodial parent who is under 20
years of age and attending high school in accordance with subdivision
(d) of Section 11320.3.
(b) 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.
(c) This section shall become operative on the first day of the
first month following 90 days after the effective date of the act
that added this section, or October 1, 2012, whichever is later.
SEC. 47. 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 (c) of Section 11454 and
subdivision (a) 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
(c) of Section 11454 or subdivision (a) 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.
(e) This section shall become inoperative on the first day of the
first month following 90 days after the effective date of the act
that added this section, or October 1, 2012, whichever is later, and
as of January 1, 2014, is repealed, unless a later enacted statute
that is enacted before January 1, 2014, deletes or extends the dates
on which it becomes inoperative and is repealed.
SEC. 48. Section 11475.3 of the Welfare
and Institutions Code is amended to read:
11475.3. (a) The first fifty dollars ($50)
of any amount of child support collected in a month in payment of the
required support obligation for that month shall be paid to a
recipient of aid under this chapter, except recipients of foster care
payments under Article 5 (commencing with Section 11400) shall not
be considered income or resources of the recipient family, and shall
not be deducted from the amount of aid to which the family would
otherwise be eligible. The local child support agency in each county
shall ensure that payments are made to recipients as required by this
section.
(b) This section shall become inoperative on the first day of the
first month following 90 days after the effective date of the act
that added this section, or October 1, 2012, whichever is later, and
as of January 1, 2014, is repealed, unless a later enacted statute
that is enacted before January 1, 2014, deletes or extends the dates
on which it becomes inoperative and is repealed.
SEC. 49. Section 11475.3 is added to the
Welfare and Institutions Code , to read:
11475.3. (a) For assistance units that are eligible for the
CalWORKs Basic Program or the CalWORKs Plus Program described in
Article 3 (commencing with Section 11300) and Article 3.5 (commencing
with Section 11330), respectively, the first fifty dollars ($50) of
any amount of child support collected in a month in payment of the
required support obligation for that month shall be paid to a
recipient of aid under this chapter, except recipients of foster care
payments under Article 5 (commencing with Section 11400) shall not
be considered income or resources of the recipient family, and shall
not be deducted from the amount of aid to which the family would
otherwise be eligible. The local child support agency in each county
shall ensure that payments are made to recipients as required by this
section.
(b) Subdivision (a) shall not apply to an assistance unit
receiving aid in the Child Maintenance Program described in Article 4
(commencing with Section 11340).
(c) This section shall become operative on the first day of the
first month following 90 days after the effective date of the act
that added this section, or October 1, 2012, whichever is later.
SEC. 50. Section 11496 is added to the
Welfare and Institutions Code , to read:
11496. Commencing on the first day of the first month following
90 days after the effective date of the act that added this section,
or October 1, 2012, whichever is later, and notwithstanding the
provisions of this article, a waiver granted or previously granted in
accordance with this article shall not include a waiver of the time
limitations described in Sections 11302 and 11454.
SEC. 51. Article 8 (commencing with Section 11500)
of Chapter 2 of Part 3 of Division 9 of the Welfare and
Institutions Code is repealed.
SEC. 52. Article 9 (commencing with Section 11520)
of Chapter 2 of Part 3 of Division 9 of the Welfare and
Institutions Code is repealed.
SEC. 53. Article 8 (commencing with Section 11520)
is added to Chapter 2 of Part 3 of Division 9 of the
Welfare and Institutions Code , to read:
Article 8. CalWORKs Evaluation and Research
11520. The department shall ensure that county demonstration
projects and other innovative county approaches to CalWORKs program
implementation are independently and rigorously evaluated and that
findings are reported to the Legislature in a timely fashion. The
evaluation of a county-specific program shall be developed in
conjunction with the county and other appropriate agencies
responsible for the local program.
11521. The department shall have access to, and authority to
obtain for tracking, monitoring, research, and evaluation purposes,
data collected by counties on recipients receiving cash aid, in-kind
payments, or supportive services.
11522. The department, in conjunction with participating
representatives of counties and the Legislature, shall develop
approaches to improving data collection and management information
reporting in the CalWORKs program.
11523. (a) The department shall establish procedures to provide
timely access to information on CalWORKs families to counties and
researchers in a manner that maintains confidentiality of data while
making it possible to undertake ongoing monitoring, research, and
evaluation.
(b) The State Department of Health Care Services, the Employment
Development Department, the Franchise Tax Board, the State Department
of Education, and any other state or local governmental agency that
collects information on aided families shall provide the department
with the necessary data, if legally available.
11526. (a) The Legislature hereby requests the Regents of the
University of California to establish and administer a program or
programs to support welfare research and evaluation of the CalWORKs
program.
(b) It is the intent of the Legislature that the program or
programs established by the University of California do all of the
following:
(1) Establish a sponsored grants program to provide funding for
interested researchers to undertake studies on important
welfare-related issues. These grants shall be applied only to
research projects requested by representatives of state and local
government entities.
(2) Establish one or more federal Bureau of the Census secure data
sites to link census and administrative data bases for ongoing
research purposes.
(3) Use existing data archives to develop data sets appropriate
for monitoring and evaluating the impacts of CalWORKs program
implementation in California.
(4) Create and maintain public use data sets and make data
available to researchers and members of the public to support welfare
research and related human services research.
(5) Provide an ongoing capacity for supporting, conducting, and
disseminating welfare policy research.
(6) Produce and maintain lists of researchers working with
California welfare data or conducting research on public assistance
in California.
(7) Review, edit, publish, and disseminate research and evaluation
reports to state and local policymakers.
(8) Provide forums for the presentation of research findings and
the discussion of research on welfare.
(9) Provide a location for welfare data archives and monitor
ongoing funding for their upkeep.
11526.5. The department shall enter into an interagency agreement
with the University of California for the purpose of implementing
Section 11526, subject to the appropriation by the Legislature of
funds for purposes of the interagency agreement.
SEC. 54. Article 9.5 (commencing with Section
11525) of Chapter 2 of Part 3 of Division 9 of the Welfare
and Institutions Code is repealed.
SEC. 55. Article 9.7 (commencing with Section
11526) of Chapter 2 of Part 3 of Division 9 of the Welfare
and Institutions Code is repealed.
SEC. 56. (a) Notwithstanding the rulemaking
provisions of the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code), the department may implement and administer
this act through all-county letters or similar instructions from the
director until regulations are adopted. The department shall adopt
emergency regulations implementing these provisions no later than
July 1, 2014. The department may readopt any emergency regulation
authorized by this section that is the same as, or substantially
equivalent to, any emergency regulation previously adopted under this
section.
(b) The initial adoption of regulations pursuant to this section
and one readoption of emergency regulations shall be deemed to be an
emergency and necessary for the immediate preservation of the public
peace, health, safety, or general welfare. Initial emergency
regulations and the one readoption of emergency regulations
authorized by this section shall be exempt from review by the Office
of Administrative Law. The initial emergency regulations and the one
readoption of emergency regulations authorized by this section shall
be submitted to the Office of Administrative Law for filing with the
Secretary of State and each shall remain in effect for no more than
180 days, by which time final regulations shall be adopted.
SEC. 57. Sections 4 to 19, inclusive, Sections 24,
26, and 27, and Sections 51 to 55, inclusive, of this act provide
for the reorganization of provisions of Chapter 2 (commencing with
Section 11200) of Part 3 of Division 9 of the Welfare and
Institutions Code. The Legislature finds and declares that these
sections are technical, nonsubstantive changes to existing law.
SEC. 58. The provisions of this act are severable.
If any provision of this act or its application is held invalid,
that invalidity shall not affect other provisions or applications
that can be given effect without the invalid provision or
application.
SEC. 59. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution for certain costs that may be incurred by a local agency
or school district because, in that regard, this act creates a new
crime or infraction, eliminates a crime or infraction, or changes the
penalty for a crime or infraction, within the meaning of Section
17556 of the Government Code, or changes the definition of a crime
within the meaning of Section 6 of Article XIII B of the California
Constitution.
However, if the Commission on State Mandates determines that this
act contains other 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.
SEC. 60. This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
In order to maximize the impact of the reforms and efficiencies
contained in this act, it is necessary for this act to take effect
immediately.
SECTION 1. Section 110673.1 is added to the
Health and Safety Code, to read:
110673.1. Notwithstanding Section 110673, and to the extent
permitted by federal law, the department shall adopt standards that
authorize the use of the terms "gluten free" and "wheat free" on food
labeling only when the food contains less than 20 parts per million
of gluten.
SEC. 2. No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.