AB 2382, as introduced, Bradford. CalWORKs: eligibility: truancy.
(1) 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 participating in specified welfare-to-work activities. Existing law exempts from these welfare-to-work requirements a child who is under 16 years of age or attending an elementary, secondary, vocational, or technical school on a full-time basis.
Existing law conditions the receipt of CalWORKs aid upon the school attendance of all children in an assistance unit who are subject to compulsory education, as specified. Existing law further requires that this attendance requirement be included in the recipient’s welfare-to-work plan. Under existing law, if the county determines that an eligible child under 16 years of age is not regularly attending school as required, the county is prohibited from considering the needs of all adults in an assistance unit in computing the grant of a family, unless the county determines that good cause exists. Existing law prohibits the needs of a child 16 years of age or older from being considered in computing the grant to the family if the county determines that he or she has not been regularly attending school or participating in a welfare-to-work plan, unless the county determines that good cause exists.
This bill would revise these requirements by, among other things, deleting the requirement that the aid grant of a family be reduced if the county determines that an eligible child under 16 years of age is not regularly attending school. The bill would require that, if the county determines that a child who is 16 years of age or older is not attending school, the county inform the family of how to enroll the child in a continuation school within the county and screen the family to determine its eligibility for family stabilization services. The bill would require the county to document that the family was given this information and was screened for those services. The bill would prohibit the consideration of the child’s needs in computing the grant to the family for any month in which the county is informed by a school district or a county school attendance review board that the child did not attend school unless one of several circumstances is present, including that the county is provided with evidence that the child has been attending school or there is good cause for school nonparticipation at any time during the month. The bill would provide that a child whose needs are excluded from computing the family grant would remain eligible for services that may lead to school attendance. By imposing additional duties on counties, the bill would impose a state-mandated local program.
(2) Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program.
This bill would instead provide that the continuous appropriation would not be made for purposes of implementing the bill.
(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 11253.5 of the Welfare and Institutions
2Code is amended to read:
(a) All childrenbegin insert 16 years of age or olderend insert in an
4assistance unit for whom school attendance is compulsory, except
5individuals who are eligible for the Cal-Learn Program under
6Article 3.5 (commencing with Section 11331), for any period
7during which that article is operative, and children subject to a
8county school attendance project under Article 2 (commencing
9with Section 18236) of Chapter 3.3 of Part 6, shall be required to
10attendbegin delete school.end deletebegin insert
schoolend insertbegin insert pursuant to subdivision (f).end insert
11(b) Applicants for and recipients of aid under this chapter shall
12be informed of the attendance requirementbegin insert in subdivision (a)end insert and
13it shall be included in thebegin delete recipient’send deletebegin insert recipientsend insertbegin insert’end insert welfare-to-work
14plan under Section 11325.21.
15(c) A recipient shall cooperate in providing the county with
16documentation
routinely available from the school or school district
17of regular attendance of all applicable children in the assistance
18unit when the county determines it isbegin delete appropriate.end deletebegin insert
necessary to
19determine eligibility, unless there is good cause for the inability
20to secure that documentation.end insert
21(d) If it is determined by the county that any eligible child under
22the age of 16 years is not regularly attending school as required,
23the needs of all adults in the assistance unit shall not be considered
24in computing the grant of the family under Section 11450 unless
25it has been determined by the county that good cause exists.
26(e)
end delete
27begin insert(end insertbegin insertd)end insert If it is determined by the county that any child in the
28assistance unit who is age 16 years or older is notbegin delete regularlyend delete
29 attending school asbegin delete required, or participating pursuant to a begin insert required by subdivision (a), the family
30welfare-to-work plan, theend delete
31shall be informed of how to enroll the child in a continuation school
32within the county and screened to determine eligibility for family
33stabilization services. The county shall document that the family
34was given this information and was screened for those services.
35Theend insert needs of the child shall not be considered in computing the
36grant of the family under Section 11450begin delete unless it has been begin insert
for any month in
37determined by the county that good cause exists.end delete
38which the county is informed by a school district or a county school
P4 1attendance review board that the child did not attend school
2pursuant to subdivision (f), unless one of the following conditions
3is present:end insert
4(1) The county is provided with evidence that the child’s
5attendance records are not available.
6(2) The county is provided with evidence that the child has been
7attending school.
8(3) Good cause for school nonparticipation exists at any time
9during the month.
10(4) Any member of the household is eligible to participate in
11family stabilization pursuant to Section 11325.24.
12(5) The county is provided with evidence that the child, parent,
13or caregiver is complying with requirements imposed by a school
14attendance review board, the county probation department, or the
15district attorney pursuant to Section 48263 or 48263.5 of the
16Education Code.
17(6) A member of the household is cooperating with a plan
18developed by a county child welfare agency.
19(e) A child whose needs have not been considered in computing
20the grant of the family pursuant to this section shall remain eligible
21for services that may lead to attendance in school.
22(f) For the purposes of this section, a child shall be presumed
23to be attending school unless he or she has been deemed a chronic
24truant pursuant to Section 48263.6 of the Education Code.
No appropriation pursuant to Section 15200 of the
26Welfare and Institutions Code shall be made for purposes of
27implementing this act.
If the Commission on State Mandates determines that
29this act contains costs mandated by the state, reimbursement to
30local agencies and school districts for those costs shall be made
31pursuant to Part 7 (commencing with Section 17500) of Division
324 of Title 2 of the Government Code.
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