Amended in Assembly April 3, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1502

Introduced by Assembly Member Mullin

January 13, 2014

An act to amend Sections begin delete 11201, end delete 11250 begin delete , end delete and 11320.3 of begin insert , and to repeal and add Section 11201 of, end insert the Welfare and Institutions Code, relating to public social services.

LEGISLATIVE COUNSEL’S DIGEST

AB 1502, as amended, Mullin. CalWORKs: Family Unity Act of 2015.

Existing law requires each county to provide cash assistance and other social services to needy families through the California Work Opportunity and Responsibility to Kids (CalWORKs) program using federal Temporary Assistance to Needy Families block grant program, state, and county funds. Existing law requires that aid be granted to families with related children under 18 years of age who have been deprived of parental support or care due to the unemployment of a parent. Existing law also provides, however, that a family receiving aid under this chapter with a child who is considered to be deprived of parental support or care due to unemployment may continue to receive assistance regardless of the number of hours his or her parent works provided the family does not exceed the applicable gross or net income limits and is otherwise eligible for assistance.

begin delete

This bill would clarify that a child is deprived of parental support or care, and is therefore eligible to receive assistance, due to the unemployment, underemployment, or low wages of his or her parent, provided that the family does not exceed the applicable gross or net income limits.

end delete begin insert

This bill would instead require that aid be granted to a family with a related child who is under 18 years of age if the family meets applicable eligibility requirements, without regard to the employment status of the parent.

end insert

As part of the CalWORKs program, begin delete participants end delete begin insert recipients end insert , unless specifically exempted, are required to participate in welfare-to-work activities. Existing law exempts from these welfare-to-work requirements a nonparent caretaker relative who has primary responsibility for providing care for a child who is a dependent or ward of the juvenile court or is at risk of entering foster care, if the county determines that the caretaking responsibilities are beyond those considered normal day-to-day parenting responsibilities such that they impair the caretaker relative’s ability to be regularly employed or to participate in welfare-to-work activities.

This bill would expand that exemption to apply to any nonparent caretaker relative who has primary responsibility for providing care for a child begin delete who is a dependent or ward of the juvenile court or is at risk of entering foster care end delete . begin insert The bill would also delete obsolete provisions and make other technical and conforming changes. end insert

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

This act shall be known, and may be cited, as the
CalWORKs Family Unity Act of 2015.

begin delete

SEC. 2.  

Section 11201 of the Welfare and Institutions Code is
amended to read:

11201.  

For the purposes of this chapter, the following shall
apply:

(a) “Unemployed parent” means a natural or adoptive parent
who is unemployed, underemployed, or working poor with an
income that qualifies him or her for assistance and with whom an
eligible child is living.

(b) A child for whom a parent is applying for assistance under
this chapter is deemed deprived of parental support or care due to
the unemployment, underemployment, or low wages of his or her
parent or parents if the family’s income, if any, is within the income
limits specified in this chapter.

(c) A family receiving aid under this chapter with a child who
is deemed deprived of parental support or care due to
unemployment, underemployment, or low wages may continue to
receive assistance regardless of the number of hours his or her
parent works provided the family does not exceed the applicable
gross or net income limits and is otherwise eligible for assistance.

end delete

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 11201 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
repealed. end insert

begin delete

11201.  

For the purposes of this chapter, the following shall
apply:

(a) “Unemployed parent” means a natural or adoptive parent
with whom the child is living.

(b) A child for whom a parent is applying for assistance under
this chapter shall be considered to be deprived of parental support
or care due to the unemployment of his or her parent or parents
when the parent has worked less than 100 hours in the preceding
four weeks and meets the requirements concerning an unemployed
parent in effect on August 21, 1996, as set forth in Section 233.100
of Title 45 of the Code of Federal Regulations except for the
provisions of subparagraph (i) to (v), inclusive, of paragraph (3)
of subsection (a) of that section.

(c) A family receiving aid under this chapter with a child who
is considered to be deprived of parental support or care due to
unemployment may continue to receive assistance regardless of
the number of hours his or her parent works provided the family
does not exceed the applicable gross or net income limits and is
otherwise eligible for assistance.

end delete

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 11201 is added to the end insert begin insert Welfare and Institutions
Code end insert begin insert , to read: end insert

begin insert

begin insert 11201. end insert   

For purposes of this chapter, “parent” means a natural
or adoptive parent with whom an eligible child is living.

end insert

begin delete SEC. 3. end delete
begin insert SEC. 4. end insert   

Section 11250 of the Welfare and Institutions Code is
amended to read:

11250.  

begin insert (a) end insert begin insert   end insert Aid, services, or both shall be granted under the
provisions of this chapter, and subject to the regulations of the
department, to families with related children under the age of 18
years, except as provided in Section 11253, in need begin delete thereof because
they have been deprived of parental support or care due to: end delete begin insert thereof,
if the family meets the eligibility requirements specified in this
chapter. end insert

begin delete

(a) The death, physical or mental incapacity, or incarceration
of a parent.

end delete begin delete

(b) The unemployment, underemployment, or low wages of a
parent or parents.

end delete begin delete

(c) Continued absence

end delete

begin insert (b) end insert begin insert   end insert begin insert For purposes of this chapter, “absence end insert of a begin insert parent” means
the continued absence of a end insert parent from the home due to divorce,
separation, desertion, or any other reason, except absence
occasioned solely by reason of the performance of active duty in
the uniformed services of the United States. begin delete “Continued absence” end delete
begin insert A continued absence end insert exists when the nature of the absence is such
as either to interrupt or to terminate the parent’s functioning as a
provider of maintenance, physical care, or guidance for the child,
and the known or indefinite duration of the absence precludes
counting on the parent’s performance of the function of planning
for the present support or care of the child. If these conditions
exist, the parent may be absent for any reason, and may have left
only recently or some time previously.

begin delete SEC. 4. end delete
begin insert SEC. 5. end insert   

Section 11320.3 of the Welfare and Institutions Code
is amended to read:

11320.3.  

(a) (1) Except as provided in subdivision (b) or if
otherwise exempt, every individual, as a condition of eligibility
for aid under this chapter, shall participate in welfare-to-work
activities under this article.

(2) Individuals eligible under Section 11331.5 shall be required
to participate in the Cal-Learn Program under Article 3.5
(commencing with Section 11331) during the time that article is
operative, in lieu of the welfare-to-work requirements, and
subdivision (b) shall not apply to that individual.

(b) The following individuals shall not be required to participate
in welfare-to-work for so 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 shall also not be required to participate for so 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 begin delete a child and is either caring for
a child who is a dependent or ward of the court or caring for a
child in a case in which a county determines the child is at risk of
placement in foster care. end delete begin insert any child. end insert

(5) An individual whose presence in the home is required
because of illness or incapacity of another member of the household
and whose caretaking responsibilities impair the recipient’s ability
to be regularly employed or to participate in welfare-to-work
activities.

(6) A parent or other relative who meets the criteria in
subparagraph (A) or (B).

(A) (i) The parent or other relative has primary responsibility
for personally providing care to a child six months of age or under,
except that, on a case-by-case basis, and based on criteria
developed by the county, this period may be reduced to the first
12 weeks after the birth or adoption of the child, or increased to
the first 12 months after the birth or adoption of the child. An
individual may be exempt only once under this clause.

(ii) An individual who received an exemption pursuant to clause
(i) shall be exempt for a period of 12 weeks, upon the birth or
adoption of any subsequent children, except that this period may
be extended on a case-by-case basis to six months, based on criteria
developed by the county.

(iii) In making the determination to extend the period of
exception under clause (i) or (ii), the following may be considered:

(I) The availability of child care.

(II) Local labor market conditions.

(III) Other factors determined by the county.

(iv) Effective January 1, 2013, the parent or other relative has
primary responsibility for personally providing care to one child
from birth to 23 months, inclusive. The exemption provided for
under this clause shall be available in addition to any other
exemption provided for under this subparagraph. An individual
may be exempt only once under this clause.

(B) In a family eligible for aid under this chapter due to the
unemployment, underemployment, or low wages of the principal
wage earner, the exemption criteria contained in subparagraph (A)
shall be applied to only one parent.

begin delete

(7) A parent or other relative who has primary responsibility
for personally providing care to one child who is from 12 to 23
months of age, inclusive, or two or more children who are under
six years of age.

end delete begin delete

(8)

end delete

begin insert (7) end insert  A woman who is pregnant and for whom it has been
medically verified that the pregnancy impairs her ability to be
regularly employed or participate in welfare-to-work activities or
the county has determined that, at that time, participation will not
readily lead to employment or that a training activity is not
appropriate. If a pregnant woman is unable to secure this medical
verification, but is otherwise eligible for an exemption from
welfare-to-work requirements under this section, including good
cause for temporary illness related to the pregnancy, she shall be
exempt from participation.

(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), (7), or (8) of
subdivision (b), shall be required to participate solely for the
purpose of earning a high school diploma or its equivalent. During
the time that Article 3.5 (commencing with Section 11331) is
operative, this subdivision shall only apply to a custodial parent
who is 19 years of age.

(2) Section 11325.25 shall apply to a custodial parent who is
18 or 19 years of age and who is required to participate under this
article.

(e) Notwithstanding paragraph (1) of subdivision (d), the county
may determine that participation in education activities for the
purpose of earning a high school diploma or equivalent is
inappropriate for an 18 or 19 year old custodial parent only if that
parent is reassigned pursuant to an evaluation under Section
11325.25, or, at appraisal is already in an educational or vocational
training program that is approvable as a self-initiated program as
specified in Section 11325.23. If that determination is made, the
parent shall be allowed to continue participation in the self-initiated
program subject to Section 11325.23. During the time that Article
3.5 (commencing with Section 11331) is operative, this subdivision
shall only apply to a custodial parent who is 19 years of age.

(f) A recipient shall be excused from participation for good
cause when the county has determined there is a condition or other
circumstance that temporarily prevents or significantly impairs
the recipient’s ability to be regularly employed or to participate in
welfare-to-work activities. The county welfare department shall
review the good cause determination for its continuing
appropriateness in accordance with the projected length of the
condition, or circumstance, but not less than every three months.
The recipient shall cooperate with the county welfare department
and provide information, including written documentation, as
required to complete the review. Conditions that may be considered
good cause include, but are not limited to, the following:

(1) Lack of necessary supportive services.

(2) In accordance with Article 7.5 (commencing with Section
11495), the applicant or recipient is a victim of domestic violence,
but only if participation under this article is detrimental to or
unfairly penalizes that individual or his or her family.

(3) Licensed or license-exempt child care for a child 10 years
of age or younger is not reasonably available during the
individual’s hours of training or employment including commuting
time, or arrangements for child care have broken down or have
been interrupted, or child care is needed for a child who meets the
criteria of subparagraph (C) of paragraph (1) of subdivision (a) of
Section 11323.2, but who is not included in the assistance unit.
For purposes of this paragraph, “reasonable availability” means
child care that is commonly available in the recipient’s community
to a person who is not receiving aid and that is in conformity with
the requirements of Public Law 104-193. The choices of child care
shall meet either licensing requirements or the requirements of
Section 11324. This good cause criterion shall include the
unavailability of suitable special needs child care for children with
identified special needs, including, but not limited to, disabilities
or chronic illnesses.

begin delete

(g) (1) Paragraph (7) of subdivision (b) shall be implemented
notwithstanding Sections 11322.4, 11322.7, 11325.6, and 11327,
and shall become inoperative on January 1, 2013.

end delete begin delete

(2) The State Department of Social Services, in consultation
with the County Welfare Directors Association of California, and
advocates, shall develop a process to assist clients with
reengagement in welfare-to-work activities, pursuant to subdivision
(h). Reengagement activities may include notifying clients of the
expiration of exemptions, reassessments, and identifying necessary
supportive services.

end delete begin delete

(h)

end delete

begin insert (g) end insert  (1) A recipient who was not required to participate in
welfare-to-work activities on December 31, 2012, because begin delete , in
accordance with paragraph (7) of subdivision (b), end delete he or she is a
parent or other relative who has primary responsibility for
personally providing care to one child who is from 12 to 23 months
of age, inclusive, or two or more children who are under six years
of age shall not be required to participate until the county welfare
department reengages the recipient in welfare-to-work activities.

(2) For purposes of this subdivision, reengagement in
welfare-to-work activities shall include the development of a
welfare-to-work plan in accordance with Section 11325.21 and
the provision of necessary supportive services pursuant to Section
11323.2.

(3) County welfare departments shall reengage all recipients
described in paragraph (1) by January 1, 2015, unless the recipient
is otherwise eligible for an exemption under subdivision (b).

(4) A recipient reengaged in accordance with this subdivision
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.)), may continue
in a welfare-to-work plan that meets the requirements of Section
11322.6 for a cumulative period of 24 months commencing the
first day of the first month after he or she is reengaged, unless or
until he or she exceeds the 48-month time limitation described in
Section 11454.

(5) All months of assistance described in paragraph (4) prior to
the reengagement of the recipient shall not be applied to the
24-month limitation described in paragraph (1) of subdivision (a)
of Section 11322.85.