BILL NUMBER: AB 1233 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 1, 1999
INTRODUCED BY Assembly Member Aroner
FEBRUARY 26, 1999
An act to amend Sections 11155, 11250, 11320.3,
11450.019, 11451.5, 11454.5, 18242, 18243, 18244, and 18245
of, to amend and renumber Section 18247 of, and to repeal Sections
11201 and 18246 of, 11451.5, and 18242 of the
Welfare and Institutions Code, relating to human services, and making
an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 1233, as amended, Aroner. CalWORKs program.
Existing law authorizes a recipient or applicant for aid under the
CalWORKs program to retain certain income and resources without a
reduction in eligibility for aid, and exempts from that calculation
of income and resources for purposes of determining eligibility for
aid under the CalWORKs program those countable resources in an amount
equal to the amount permitted under federal law for qualification
for food stamps, and requires a county to determine the value of
personal property and automobiles in conformance with methods
established under the Food Stamp Program.
This bill would exempt the full up to
$7,500 of the equity value of one automobile from consideration
as a resource for each household in determining eligibility for aid
under the CalWORKs program.
Under existing law, counties are responsible for the determination
of eligibility of applicants and recipients of aid under the
CalWORKs program and the food stamp programs. By revising the
eligibility standards applicable to the exemption of the full value
of an automobile from that determination, the bill would result in an
increase in the number of persons eligible for aid, thereby
resulting in an increase in county responsibilities in the
administration of aid. The CalWORKs program is funded through a
continuing appropriation, and, by increasing the level of funding due
to the increase in the number of persons eligible for those
benefits, this bill would result in an appropriation.
Existing law provides for the provision of aid under the CalWORKs
program to children who have been deprived of parental support or
care due to the death, physical or mental incapacity, incarceration,
unemployment, or continued absence of parents, and defines an
unemployed parent for these purposes.
This bill would repeal that definition.
Existing law states that aid shall be provided under the CalWORKs
program to families with related children under 18 years of age
because they have been deprived of parental support or care due to
the death, physical or mental incapacity, incarceration,
unemployment, or continued absence of parents.
This bill would revise that provision to eliminate the condition
that the children shall have been deprived of parental support or
care. By revising the scope of eligible participation in the
program, this bill would result in an increase in aid payments that
are funded through a continuous appropriation, thereby resulting in
an appropriation. By increasing the scope of eligible participation
in the program, this bill would increase the responsibilities of the
counties in implementing this program, thereby resulting in a
state-mandated local program.
Existing law requires that, as a condition of eligibility for aid
under the CalWORKs program, participants who are not otherwise exempt
shall participate in welfare-to-work activities, and exempts from
that requirement a dependent child attending an elementary,
secondary, vocational, or technical school on a full-time basis.
This bill would extend that exemption to a dependent child
attending a postsecondary school, and would continue the period of
exemption to apply to a dependent child who graduates from high
school, so long as he or she enrolls and attends any postsecondary
education or training program on a full-time basis. By extending the
exemption from participation in the otherwise required
welfare-to-work activities, this bill would increase the
responsibilities in the administration of the CalWORKs program,
thereby resulting in a state-mandated local program.
Existing law provides that, effective the first day of the month
following 90 days after a change in federal law that allows states to
reduce aid payments under the CalWORKs program without any risk to
federal funding under the federal medicaid program, certain
reductions in maximum aid payments 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 specified conditions, including the
condition that the individual is disabled and receiving benefits
under the Supplemental Security Program or the In-Home Supportive
Services Program.
This bill would include within the scope of that exemption persons
who are disabled and receiving benefits through state disability
insurance benefits, private disability insurance benefits, temporary
workers' compensation benefits, and social security disability
benefits. By limiting the reduction of aid payments under the
CalWORKs program, this bill would result in an increase in the
payments under the program that are funded through continuously
appropriated funds, thereby resulting in an appropriation. By
increasing the scope of eligible participation in the program, this
bill would increase the responsibilities of the counties in
implementing this program, thereby resulting in a state-mandated
local program.
Existing law exempts specified types of income from the income
used in calculating a family aid grant under the CalWORKs program.
This bill would exempt from that calculation child support
payments paid in support of a child who is not in the home pursuant
to a court order, and up to $175 per month per employed recipient for
the cost of obtaining care for an incapacitated individual if the
county determines that adequate dependant care cannot be provided
during his or her working hours by a person in the assistance unit.
By revising the scope of eligible participation in the program, this
bill would result in an increase in aid payments that are funded
through a continuous appropriation, thereby resulting in an
appropriation. By increasing the scope of eligible participation in
the program, this bill would increase the responsibilities of the
counties in implementing this program, thereby resulting in a
state-mandated local program.
Existing law exempts certain disability-based income from the
calculation of income that shall be used to determine the amount of
aid grant that shall be paid to a family under the CalWORKs program.
This bill would revise the definition of disability-based unearned
income. By extending the limitation on the amount applied in
calculating payments under the CalWORKs program, this bill would
result in an increase in the payments under the program that are
funded through continuously appropriated funds, thereby resulting in
an appropriation. By increasing the scope of participation in the
program, this bill would increase the responsibilities of the
counties in implementing this program, thereby resulting in a
state-mandated local program.
Existing law requires recipients of aid under the CalWORKs program
to participate in welfare-to-work activities, with specified
exceptions.
This bill would revise the scope of conditions for which the
exemption from required participation in welfare-to-work activities
to include circumstances where 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 or where the
recipient satisfies the hourly work participation requirements
entirely through unsubsidized employment. By revising the scope of
the exemption from the welfare-to-work activities required as a
condition of eligibility for aid under the CalWORKs program, this
bill would increase the level of aid grants under the program funded
through continuously appropriated funds. By increasing the level of
participation in the CalWORKs program this bill would increase county
responsibilities in the administration of the program, resulting in
a state-mandated local program.
Existing law authorizes the State Department of Social Services to
approve demonstration projects in up to 3 counties to test models of
child support assurance, and specifies that one of the projects
shall conform to a specified design, and provides for the funding of
the projects from funds continuously appropriated for the CalWORKs
program.
This bill would authorize the approval of child support assurance
demonstration projects in any county up to 5
counties , and would eliminate the requirement that one of the
projects conform to a specified design. To the extent this
elimination of the limitation on the number of demonstration
projects, this bill would result in an increase in funding through
the use of funds continuously appropriated for the CalWORKs program,
this bill would result in an increase in a continuing appropriation,
thereby resulting in an appropriation.
Existing law requires the State Department of Social Services to
develop research designs to ensure thorough evaluation of the child
support assurance demonstration projects that include various
factors, including the impact of welfare-to-work participation rates
of custodial parents, CalWORKs participation rates and costs,
paternity and child support order establishment, and other relevant
information.
This bill would recast that requirement and increase the scope of
factors that must be included in the research designs.
Existing law specifies that a family will be eligible to
participate in the child support assurance demonstration project if
the family has been determined to be eligible to receive an aid grant
under the CalWORKs program.
This bill would recast the requirement to specify that that
requirement shall not require that a family shall be eligible for an
aid grant under the CalWORKs program as a condition of participation
in the child support assurance demonstration project, and, by
eliminating a limitation on eligibility for the program funded by a
continuous appropriation, this bill would result in an appropriation.
Existing law requires that, as a condition of receiving a child
support assurance payment under the child support assurance
demonstration project, a custodial parent shall be required to
provide relevant information requested by the county, and appear at
required interviews, conference hearings, or legal proceedings,
except when compliance would make it more difficult for a victim of
domestic violence to escape physical abuse or when cooperation would
increase the risk of further violence or unfairly penalize the
victim, and, by eliminating a limitation on eligibility for the
program funded by a continuous appropriation, this bill would result
in an appropriation.
This bill would deem a custodial parent's diligent effort to
obtain a child support order, including providing the county with the
information necessary to file a petition for child support or he or
she has been unable to obtain a child support order due to reasons
outside the control of the custodial parent as having met the
requirements for participation in the child support assurance
demonstration project. The bill would also limit custodial parent
employment requirements for which conformity is a condition of
eligibility under the program.
Under existing law, a child shall be eligible to continue to
receive a child support assurance payment under the child support
assurance demonstration project only if the family's income is not
more than 150% of the federal poverty level, and specifies that for
family income below the federal poverty level, the earned income
disregard shall be 90%, and for income between 100% and 150% of the
federal poverty level, the earned income disregard shall be
incrementally decreased until the assistance benefit reaches zero at
150% of the federal poverty level.
This bill would repeal that requirement, and, by eliminating a
limitation on eligibility for the program funded by a continuous
appropriation, this bill would result in an appropriation.
Existing law provides that the state share of child support
assurance payments under the Child Support Assurance Demonstration
Project shall be paid in accordance with the continuously
appropriated funding of the CalWORKs program.
This bill would specify that the State Department of Social
Services, to the extent possible, shall ensure that no funding
streams will be utilized to pay for child support assurance payments
if use of the funding streams would cause participants to be subject
to the limitations imposed on the CalWORKs program that a parent or
caretaker relative shall not be eligible to receive aid for a
cumulative period of more than 18 months after the individual signs,
or refuses, without good cause, to sign a welfare-to-work plan,
unless it is certified by the county that there is no job currently
available for the recipient and the recipient participates in
community service activities.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11155 of the Welfare and Institutions Code is
amended to read:
11155. Notwithstanding the provisions of Section 11257, in
addition to the personal property or resources permitted by other
provisions of this part, and to the extent permitted by federal law,
an applicant or recipient for aid under this chapter, including an
applicant or recipient under Chapter 2 (commencing with Section
11200) may retain countable resources in an amount equal to the
amount permitted under federal law for qualification for food stamps,
except that the full value up to seven
thousand five hundred dollars ($7,500) of the equity value of
one automobile shall be exempt from consideration as a resource for
each household. The county shall determine the value of personal
property and nonexempt automobiles in conformance with
methods established under the Food Stamp Program.
SEC. 2. Section 11201 of the Welfare and Institutions Code is
repealed.
SEC. 3. Section 11250 of the Welfare and Institutions Code is
amended to read:
11250. 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 thereof.
SEC. 4. Section 11320.3 of the Welfare and Institutions Code is
amended to read:
11320.3. (a) (1) Except as provided in subdivision (b) or if
otherwise exempt, every individual, as a condition of eligibility for
aid under this chapter, shall participate in welfare-to-work
activities under this article.
(2) Individuals eligible under Section 11331.5 shall be required
to participate in the Cal-Learn Program under Article 3.5 (commencing
with Section 11331) during the time that article is operative, in
lieu of the welfare-to-work requirements, and subdivision (b) shall
not apply to that individual.
(b) The following individuals shall not be required to participate
for so long as the condition continues to exist:
(1) An individual under 16 years of age.
(2) A child attending an elementary, secondary, vocational,
postsecondary, or technical school on a full-time basis. A person
who is 16 or 17 years of age, or a person described in subdivision
(d) who loses this exemption, shall not requalify for the exemption
by attending school as a required activity under this article. A
dependent child who graduates from high school shall continue to be
exempt so long as he or she enrolls and attends any postsecondary
education or training program on a full-time basis.
(3) An individual who meets either of the following conditions:
(A) The individual is disabled as determined by a doctor's
verification that the disability is expected to last at least 30 days
and that it significantly impairs the recipient's ability to be
regularly employed or participate in welfare-to-work activities,
provided that the individual is actively seeking appropriate medical
treatment.
(B) The individual is of advanced age.
(4) A nonparent caretaker relative who has primary responsibility
for providing care for a child and is either caring for a child who
is a dependent or ward of the court or caring for a child in a case
in which a county determines the child is at risk of placement in
foster care, and the county determines that the caretaking
responsibilities are beyond those considered normal day-to-day
parenting responsibilities such that they impair the caretaker
relative's ability to be regularly employed or to participate in
welfare-to-work activities.
(5) An individual whose presence in the home is required because
of illness or incapacity of another member of the household and whose
caretaking responsibilities impair the recipient's ability to be
regularly employed or to participate in welfare-to-work activities.
(6) A parent or other relative who meets the criteria in
subparagraph (A) or (B).
(A) (i) The parent or other relative has primary responsibility
for personally providing care to a child six months of age or under,
except that, on a case-by-case basis, and based on criteria developed
by the county, this period may be reduced to the first 12 weeks
after the birth or adoption of the child, or increased to the first
12 months after the birth or adoption of the child. An individual
may be exempt only once under this clause.
(ii) An individual who received an exemption pursuant to clause
(i) shall be exempt for a period of 12 weeks, upon the birth or
adoption of any subsequent children, except that this period may be
extended on a case-by-case basis to six months, based on criteria
developed by the county.
(iii) In making the determination to extend the period of
exception under clause (i) or (ii), the following may be considered:
(I) The availability of child care.
(II) Local labor market conditions.
(III) Other factors determined by the county.
(B) In a family eligible for aid under this chapter due to the
unemployment of the principal wage earner, the exemption criteria
contained in subparagraph (A) shall be applied to only one parent.
(7) A woman who is pregnant and for whom it has been medically
verified that the pregnancy impairs her ability to be regularly
employed or participate in welfare-to-work activities or the county
has determined that, at that time, participation will not readily
lead to employment or that a training activity is not appropriate.
(c) Any individual not required to participate may choose to
participate voluntarily under this article, and end that
participation at any time without loss of eligibility for aid under
this chapter, if his or her status has not changed in a way that
would require participation.
(d) (1) Notwithstanding subdivision (a), a custodial parent who is
under 20 years of age and who has not earned a high school diploma
or its equivalent, and who is not exempt or whose only basis for
exemption is subparagraph (A) of paragraph (6) of subdivision (b),
shall be required to participate solely for the purpose of earning a
high school diploma or its equivalent. During the time that Article
3.5 (commencing with Section 11331) is operative, this subdivision
shall only apply to a custodial parent who is 19 years of age.
(2) Section 11325.25 shall apply to a custodial parent who is 18
or 19 years of age and who is required to participate under this
article.
(e) Notwithstanding paragraph (1) of subdivision (d), the county
may determine that participation in education activities for the
purpose of earning a high school diploma or equivalent is
inappropriate for an 18 or 19 year old custodial parent only if that
parent is reassigned pursuant to an evaluation under Section
11325.25, or, at appraisal is already in an educational or vocational
training program that is approvable as a self-initiated program as
specified in Section 11325.23. If that determination is made, the
parent shall be allowed to continue participation in the
self-initiated program subject to Section 11325.23. During the time
that Article 3.5 (commencing with Section 11331) is operative, this
subdivision shall only apply to a custodial parent who is 19 years of
age.
(f) A recipient shall be excused from participation for good cause
when the county has determined there is a condition or other
circumstance that temporarily prevents or significantly impairs the
recipient's ability to be regularly employed or to participate in
welfare-to-work activities. The county welfare department shall
review the good cause determination for its continuing
appropriateness in accordance with the projected length of the
condition, or circumstance, but not less than every three months.
The recipient shall cooperate with the county welfare department and
provide information, including written documentation, as required to
complete the review. Conditions that may be considered good cause
include, but are not limited to, the following:
(1) Lack of necessary supportive services.
(2) In accordance with Article 7.5 (commencing with Section
11495), the applicant or recipient is a victim of domestic violence,
but only if participation under this article is detrimental to or
unfairly penalizes that individual or his or her family.
(3) Licensed or license-exempt child care for a child 10 years of
age or younger is not reasonably available during the individual's
hours of training or employment including commuting time, or
arrangements for child care have broken down or have been
interrupted, or child care is needed for a child who meets the
criteria of subparagraph (C) of paragraph (1) of subdivision (a) of
Section 11323.2, but who is not included in the assistance unit. For
purposes of this paragraph, "reasonable availability" means child
care that is commonly available in the recipient's community to a
person who is not receiving aid and that is in conformity with the
requirements of Public Law 104-193. The choices of child care shall
meet either licensing requirements or the requirements of Section
11324. This good cause criterion shall include the unavailability of
suitable special needs child care for children with identified
special needs, including, but not limited to, disabilities or chronic
illnesses.
SEC. 5. property. The department may annually
adjust the value of the automobile. The county shall determine the
value of personal property and automobiles in conformance with the
numerical value limits under the Food Stamp Program, with the
exception of the first vehicle for each family, and according to
procedures established by the department.
SEC. 2. Section 11450.019 of the Welfare and Institutions
Code is amended to read:
11450.019. 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 Section 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) The individual is disabled and receiving benefits under
Section 12200 or 12300 or as defined in paragraph (2) of subdivision
(b) of Section 11451.5.
(b) The individual is a nonparent caretaker who is not included in
the assistance unit with the child.
(c) The individual is disabled and is receiving State Disability
Insurance benefits or Worker's Compensation Temporary Disability
benefits.
SEC. 6.
SEC. 3. Section 11451.5 of the Welfare and Institutions Code
is amended to read:
11451.5. (a) Notwithstanding Section 11008, the following amounts
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 equal to 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.
(3) The amount of actual payments made in support of a child or
spouse who is not in the home, if paid pursuant to a court order.
(4) Up to one hundred seventy-five dollars ($175) per month for
each employed recipient for the reasonable and necessary costs of
obtaining care for an incapacitated individual in the assistance unit
when the county determines that adequate dependent care cannot be
provided during his or her working hours by a person in the
assistance unit.
(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 provided under Title 2 of the
Social Security Act (Subchapter 2 (commencing with Section 401) of
Chapter 7 of Title 42 of the United State Code) that requires a
determination of disability, and any publicly or privately provided
benefit for which eligibility depends upon a determination of
disability made or accepted by the agency or entity administering the
program.
(3) Unearned income means any income not described in paragraph
(1) or (2).
SEC. 7. Section 11454.5 of the Welfare and Institutions Code is
amended to read:
11454.5. (a) Any month in which a recipient meets any of the
following conditions shall not be counted as a month of receipt of
aid for the purpose of subdivision (a) of Section 11454:
(1) The recipient is not required to participate in
welfare-to-work activities pursuant to subdivision (b) or (f) of
Section 11320.3 because of a condition that is expected to last at
least 30 days.
(2) The recipient satisfies the hourly work participation
requirements of Section 11322.8 entirely through unsubsidized
employment.
(3) The recipient is eligible for, participating in, or exempt
from, the Cal-Learn program provided for pursuant to Article 3.5
(commencing with Section 11331) or is participating in another teen
parent program approved by the department.
(b) Any month in which the following conditions exist shall not be
counted as a month of receipt of aid for the purposes of subdivision
(b) of Section 11454:
(1) The recipient is exempt from participation under Article 3.2
(commencing with Section 11320) due to disability, or advanced age in
accordance with paragraph (3) of subdivision (b) of Section 11320.3,
or due to caretaking responsibilities that impair the recipient's
ability to be regularly employed, in accordance with paragraph (4) or
(5) of subdivision (b) of Section 11320.3.
(2) The recipient is eligible for, participating in, or exempt
from, the Cal-Learn Program provided for pursuant to Article 3.5
(commencing with Section 11331) or is participating in another teen
parent program approved by the department.
(3) The cost of the cash aid provided to the recipient for the
month is fully reimbursed by child support, whether collected in that
month or any subsequent month.
(4) The family is a former recipient of cash aid under this
chapter and currently receives only child care, case management, or
supportive services pursuant to Section 11323.2 or Article 15.5
(commencing with Section 8350) of Chapter 2 of Part 6 of the
Education Code.
(5) To the extent provided by federal law, the recipient lived in
Indian country, as defined by federal law, or an Alaskan native
village in which at least 50 percent of the adults living in the
Indian country or in the village are not employed.
(c) In cases where a lump-sum diversion payment is provided in
lieu of cash aid under Section 11266.5, the month in which the
payment is made or the months calculated pursuant to subdivision (f)
of Section 11266.5 shall count against the limits specified in
Section 11454.
SEC. 8.
SEC. 4. Section 18242 of the Welfare and Institutions Code
is amended to read:
18242. (a) Upon application by a county board of supervisors, the
department may approve demonstration projects in up to five
counties to test models of child support assurance. The
projects shall either test different models of child support
assurance or may test the same model if counties in which the same
model is tested involve counties with different demographics.
(b) The department may approve joint projects by two or more
counties if both of the following apply:
(1) The equity of access to the project and its related services
is assured to all participants.
(2) The project includes appropriate operational and fiscal
arrangements between the counties submitting the joint project.
(c) It is the intent of the Legislature that the purpose of the
demonstration projects authorized by this article is to test child
support assurance models as alternatives to welfare under which
families with earnings and a child support order receive a guaranteed
child support payment, in lieu of a grant under the CalWORKs
program, from funds continuously appropriated for the CalWORKs
program.
(d) A county may limit the number of families that will be
permitted to enroll in its child support assurance demonstration
program.
SEC. 9. Section 18243 of the Welfare and Institutions Code is
amended to read:
18243. The department shall develop research designs to ensure
thorough evaluations of the child support assurance demonstration
projects that shall include, but not be limited to, the impact of the
project on work participation rates of custodial parents, household
incomes and family well-being, CalWORKs participation rates and
costs, rates of paternity and child support order establishment, and
any other relevant information the director may require.
SEC. 10. Section 18244 of the Welfare and Institutions Code is
amended to read:
18244. (a) Nothing in this section shall be construed to require
that a family shall be eligible to participate under this article
only if, at the time of application to participate in the child
assurance program, the family is receiving, or has been determined to
be eligible to receive, an aid grant under Chapter 2 (commencing
with Section 11200) of Part 3.
(b) A family's participation under this article shall not affect
its eligibility to receive Medi-Cal and child care benefits under
Chapter 2 (commencing with Section 11200) of Part 3, if otherwise
eligible.
SEC. 11. Section 18245 of the Welfare and Institutions Code is
amended to read:
18245. (a) A family shall be eligible to receive a child support
assurance payment on behalf of a child only if the child's custodial
parent has done all of the following:
(1) Assigned the child's right to collect child support to the
state.
(2) Established paternity, obtained a child support order, and is
using the services available under the state plan approved under Part
D (commencing with Section 651) of Chapter 7 of Title 42 of the
United States Code.
(3) Opted to participate in the child assurance program in lieu of
cash assistance under Chapter 2 (commencing with Section 11200) or
its successor program.
(b) As a condition of receiving a child support assurance payment
under this article, a custodial parent shall also be required to do
both of the following:
(1) Continue to provide all other relevant information that the
applicant has that may be requested by the county.
(2) Appear at required interviews, conference hearings, or legal
proceedings, if notified in advance and an illness or emergency does
not prevent attendance.
(c) A custodial parent shall not be required to comply with
paragraphs (1) and (2) of subdivision (a) or with any of the
provisions of subdivision (b) when compliance would make it more
difficult for a domestic violence victim to escape physical abuse or
when cooperation would increase the risk of further violence or
unfairly penalize the victim.
(d) A custodial parent shall be deemed to have met the
requirements of paragraphs (1) and (2) of subdivision (a), and to be
eligible to receive child support assurance program benefits, if the
parent has demonstrated, to the satisfaction of the county, a
diligent effort to obtain a child support order, including providing
the county with the information necessary to file a petition for
child support, or he or she has been unable to obtain a child support
order due to reasons outside the control of the custodial parent.
(e) In order to be eligible under this article, a child shall meet
all of the following conditions:
(1) The child resides in the county.
(2) The child has a noncustodial parent living in the United
States, or if not living in the United States, is subject to service
of process by a state or territory of the United States.
(3) The child is under 18 years of age or, if enrolled in high
school, under 19 years of age.
(4) The custodial parent is employed. However, participation
shall not be conditioned upon the maintenance of a specific number of
hours of employment.
SEC. 12. Section 18246 of the Welfare and Institutions Code is
repealed.
SEC. 13. Section 18247 of the Welfare and Institutions Code is
amended and renumbered to read:
18246. (a) The state share of child support assurance payments
under this article shall be paid in accordance with Section 15200.
(b) The department shall, to the extent possible, ensure that no
funding streams will be utilized to pay for child support assurance
payments if the use of the funding streams would cause participants
to be subject to the limitations of Section 11454 or any similar
limitation.
(c) The county administrative cost for the operation of a child
support assurance program shall be paid from the county's allocation
provided under Sections 15204.2 and 15204.3.
SEC. 14.
SEC. 5. Notwithstanding Section 17610 of the Government
Code, if the Commission on State Mandates determines that this act
contains costs mandated by the state, reimbursement to local agencies
and school districts for those costs shall be made pursuant to Part
7 (commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.