AB 371: CalWORKs Family Unity Act of 2015.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2015-09-15
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 aid to be granted to a family with a related child under 18 years of age who has been deprived of parental support or care due to the unemployment, continued absence, death, incapacity, or incarceration of a parent. Existing law also provides, however, that a family receiving aid 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, if the family does not exceed the applicable gross or net income limits and is otherwise eligible for assistance. Existing law requires families to be grouped into assistance units for purposes of determining eligibility and computing the amount of CalWORKs aid to be paid.
This bill would, commencing July 1, 2016, 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 absence or employment status of the parent. The bill would prohibit, however, an absent parent from being included in the familys assistance unit for purposes of determining eligibility or computing the amount of aid to be paid, as specified. To the extent that the bill would expand eligibility for the CalWORKs program, which is administered by counties, the bill would impose a state-mandated local program.
Under existing law, a recipient of CalWORKs is required to participate in welfare-to-work activities for a specified number of hours each week as a condition of eligibility for aid. Existing law exempts a person with a disability, as specified, from participation in welfare-to-work activities.
This bill would, commencing July 1, 2016, recast these provisions and would clarify that an adult in an assistance unit that includes 2 adults, one of whom is disabled, is required to participate in welfare-to-work activities for the same number of hours per week as an adult in an assistance unit that includes only one adult.
This bill would require the department to issue an all-county letter or similar instructions and to adopt regulations to implement the provisions of the bill by July 1, 2018.
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.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Existing law requires each county to provide cash assistance and other social services to needy families through the California Work Opportunity and Responsibility to Kids (CalWORKs) program using federal Temporary Assistance to Needy Families block grant program, state, and county funds. Existing law requires aid to be granted to a family with a related child under 18 years of age who has been deprived of parental support or care due to the unemployment, continued absence, death, incapacity, or incarceration of a parent. Existing law also provides, however, that a family receiving aid 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, if the family does not exceed the applicable gross or net income limits and is otherwise eligible for assistance. Existing law requires families to be grouped into assistance units for purposes of determining eligibility and computing the amount of CalWORKs aid to be paid.
This bill would, commencing July 15, July 1, 2016, 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 absence or employment status of the parent. The bill would prohibit, however, an absent parent from being included in the familys assistance unit for purposes of determining eligibility or computing the amount of aid to be paid, as specified. To the extent that the bill would expand eligibility for the CalWORKs program, which is administered by counties, the bill would impose a state-mandated local program.
Under existing law, a recipient of CalWORKs is required to participate in welfare-to-work activities for a specified number of hours each week as a condition of eligibility for aid. Existing law exempts a person with a disability, as specified, from participation in welfare-to-work activities.
This bill would recast these provisions and would clarify that an adult in an assistance unit that includes two 2 adults, one of whom is disabled, is required to participate in welfare-to-work activities for the same number of hours per week as an adult in an assistance unit that includes only one adult.
This bill would require the department to issue an all-county letter or similar instructions and to adopt regulations to implement the provisions of the bill by July 1, 2018.
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.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Existing law requires each county to provide cash assistance and other social services to needy families through the California Work Opportunity and Responsibility to Kids (CalWORKs) program using federal Temporary Assistance to Needy Families block grant program, state, and county funds. Existing law requires aid to be granted to a family with a related child under 18 years of age who has been deprived of parental support or care due to the unemployment, continued absence, death, incapacity, or incarceration of a parent. Existing law also provides, however, that a family receiving aid 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, if the family does not exceed the applicable gross or net income limits and is otherwise eligible for assistance. Existing law requires families to be grouped into assistance units for purposes of determining eligibility and computing the amount of CalWORKs aid to be paid.
This bill would would, commencing July 15, 2016, 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 absence or employment status of the parent. The bill would prohibit, however, an absent parent from being included in the familys assistance unit for purposes of determining eligibility or computing the amount of aid to be paid, as specified. To the extent that the bill would expand eligibility for the CalWORKs program, which is administered by counties, the bill would impose a state-mandated local program.
Under existing law, a recipient of CalWORKs is required to participate in welfare-to-work activities for a specified number of hours each week as a condition of eligibility for aid. Existing law exempts a person with a disability, as specified, from participation in welfare-to-work activities.
This bill would recast these provisions and would clarify that an adult in an assistance unit that includes two adults, one of whom is disabled, is required to participate in welfare-to-work activities for the same number of hours per week as an adult in an assistance unit that includes only one adult.
This bill would require the department to issue an all-county letter or similar instructions by March 1, 2016 and to adopt regulations to implement the provisions of the bill by July 1, 2018.
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.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Existing law requires each county to provide cash assistance and other social services to needy families through the California Work Opportunity and Responsibility to Kids (CalWORKs) program using federal Temporary Assistance to Needy Families block grant program, state, and county funds. Existing law requires aid to be granted to a family with a related child under 18 years of age who has been deprived of parental support or care due to the unemployment, continued absence, death, incapacity, or incarceration of a parent. Existing law also provides, however, that a family receiving aid 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, if the family does not exceed the applicable gross or net income limits and is otherwise eligible for assistance. Existing law requires families to be grouped into assistance units for purposes of determining eligibility and computing the amount of CalWORKs aid to be paid.
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 absence or employment status of the parent. The bill would prohibit, however, an absent parent from being included in the familys assistance unit for purposes of determining eligibility or computing the amount of aid to be paid, as specified. To the extent that the bill would expand eligibility for the CalWORKs program, which is administered by counties, the bill would impose a state-mandated local program.
This bill would require the department to issue an all-county letter or similar instructions by March 1, 2016 and to adopt regulations to implement the provisions of the bill by July 1, 2018.
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.
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.
This act shall be known, and may be cited, as the CalWORKs Family Unity Act of 2015.
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 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.
(d)This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 3.Section 11201 is added to the Welfare and Institutions Code, to read:11201.(a)For purposes of this chapter, parent means a natural or adoptive parent.
(b)This section shall become operative on July 1, 2016.
SEC. 4.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 because they have been deprived of parental support or care due to:
(a)The death, physical or mental incapacity, or incarceration of a parent.
(b)The unemployment of a parent or parents.
(c)Continued absence of a 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. Continued absence exists when the nature of the absence is such as either to interrupt or to terminate the parents 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 parents 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.
(d)This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 5.Section 11250 is added to the Welfare and Institutions Code, to read:11250.(a)Aid, services, or both shall be granted under this chapter, and subject to the regulations of the department, to families with related children under 18 years of age, except as provided in Section 11253, in need thereof, if the family meets the eligibility requirements specified in this chapter.
(b)This section shall become operative on July 1, 2016.
SEC. 6.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)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 doctors verification that the disability is expected to last at least 30 days and that it significantly impairs the recipients 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 relatives 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 recipients 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 of the principal wage earner, the exemption criteria contained in subparagraph (A) shall be applied to only one parent.
(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.
(8)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 recipients 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 individuals 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 recipients 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.
(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.
(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.
(h)(1) A recipient who was not required to participate in welfare-to-work activities on December 31, 2012, because, in accordance with paragraph (7) of subdivision (b), 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.
(i)This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 7.Section 11320.3 is added to the Welfare and Institutions Code, 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)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 doctors verification that the disability is expected to last at least 30 days and that it significantly impairs the recipients 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 relatives 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 recipients 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)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, the exemption criteria contained in subparagraph (A) shall be applied to only one parent.
(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.
(8)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 the time of 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 recipients 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 individuals 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 recipients 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.
(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.
(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.
(h)(1)A recipient who was not required to participate in welfare-to-work activities on December 31, 2012, because, in accordance with paragraph (7) of subdivision (b), 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.
(i)This section shall become operative on July 1, 2016.
SEC. 8.Section 11322.8 of the Welfare and Institutions Code is amended to read:11322.8.(a)For a recipient required to participate in accordance with paragraph (1) of subdivision (a) of Section 11322.85, unless the recipient is otherwise exempt, the following shall apply:
(1)(A) An adult recipient in a one-parent assistance unit that does not include a child under six years of age shall participate in welfare-to-work activities for an average of at least 30 hours per week during the month.
(B)An adult recipient in a one-parent assistance unit that includes a child under six years of age shall participate in welfare-to-work activities for an average of at least 20 hours per week during the month.
(2)An adult recipient who is an unemployed parent, as defined in Section 11201, shall participate for an average of at least 35 hours of welfare-to-work activities per week during the month. However, both parents in a two-parent assistance unit may contribute to the 35 hours.
(b)For a recipient required to participate in accordance with paragraph (3) of subdivision (a) of Section 11322.85, the following shall apply:
(1)Unless otherwise exempt, an adult recipient in a one-parent assistance unit shall participate in welfare-to-work activities for an average of at least 30 hours per week during the month, subject to the special rules and limitations described in Section 607(c)(1)(A) of Title 42 of the United States Code as of January 1, 2013.
(2)Unless otherwise exempt, an adult recipient in a one-parent assistance unit that includes a child under six years of age shall participate in welfare-to-work activities for an average of at least 20 hours per week during the month, as described in Section 607(c)(2)(B) of Title 42 of the United States Code as of January 1, 2013.
(3)Unless otherwise exempt, an adult recipient who is an unemployed parent, as defined in Section 11201, shall participate in welfare-to-work activities for an average of at least 35 hours per week during the month, subject to the special rules and limitations described in Section 607(c)(1)(B) of Title 42 of the United States Code as of January 1, 2013.
(c)This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 9.Section 11322.8 is added to the Welfare and Institutions Code, to read:11322.8.(a)An adult recipient required to participate in accordance with paragraph (1) of subdivision (a) of Section 11322.85, unless otherwise exempt, shall participate in welfare-to-work activities for the following number of hours per week during the month:
(1)An average of at least 30 hours per week, if the assistance unit includes either of the following but does not include a child under six years of age:
(A)One adult.
(B)Two adults, one of whom is disabled as defined in subparagraph (A) of paragraph (3) of subdivision (b) of Section 11320.3.
(2)An average of at least 20 hours per week, if the assistance unit includes a child under six years of age and either of the following:
(A)One adult.
(B)Two adults, one of whom is disabled as defined in subparagraph (A) of paragraph (3) of subdivision (b) of Section 11320.3.
(3)An average of at least 20 hours per week, if the assistance unit consists only of a pregnant woman.
(4)An average of at least 35 hours per week if the assistance unit includes two adults, except as provided in paragraphs (1) and (2). However, both adults may contribute to the 35 hours.
(b)An adult recipient required to participate in accordance with paragraph (3) of subdivision (a) of Section 11322.85, unless otherwise exempt, shall participate in welfare-to-work activities for the following number of hours per week during the month:
(1)An average of at least 30 hours per week, subject to the special rules and limitations described in Section 607(c)(1)(A) of Title 42 of the United States Code as of January 1, 2013, if the assistance unit consists of only a pregnant woman, or includes one of the following but does not include a child under six years of age:
(A)One adult.
(B)Two adults, one of whom is disabled as defined in subparagraph (A) of paragraph (3) of subdivision (b) of Section 11320.3.
(2)An average of at least 20 hours per week, as described in Section 607(c)(2)(B) of Title 42 of the United States Code as of January 1, 2013, if the assistance unit includes only one adult and a child under six years of age.
(3)An average of at least 35 hours per week if the assistance unit includes two adults, except as provided in paragraph (1) and subject to the special rules and limitations described in Section 607(c)(1)(B) of Title 42 of the United States Code as of January 1, 2013.
(c)This section shall become operative on July 1, 2016.
SEC. 10.Section 11401 of the Welfare and Institutions Code is amended to read:11401.Aid in the form of AFDC-FC shall be provided under this chapter on behalf of any child under 18 years of age, and, on and after January 1, 2012, to any nonminor dependent who meets the conditions of any of the following subdivisions:
(a)The child has been relinquished, for purposes of adoption, to a licensed adoption agency, or the department, or the parental rights of either or both of his or her parents have been terminated after an action under the Family Code has been brought by a licensed adoption agency or the department, provided that the licensed adoption agency or the department, if responsible for placement and care, provides to those children all services as required by the department to children in foster care.
(b)The child has been removed from the physical custody of his or her parent, relative, or guardian as a result of a voluntary placement agreement or a judicial determination that continuance in the home would be contrary to the childs welfare and that, if the child was placed in foster care, reasonable efforts were made, consistent with Chapter 5 (commencing with Section 16500) of Part 4, to prevent or eliminate the need for removal of the child from his or her home and to make it possible for the child to return to his or her home, and any of the following applies:
(1)The child has been adjudged a dependent child of the court on the grounds that he or she is a person described by Section 300.
(2)The child has been adjudged a ward of the court on the grounds that he or she is a person described by Sections 601 and 602, or, on or after January 1, 2012, the nonminor is under the transition jurisdiction of the juvenile court pursuant to Section 450.
(3)The child has been detained under a court order, pursuant to Section 319 or 636, that remains in effect.
(4)The childs or nonminors dependency jurisdiction, or transition jurisdiction pursuant to Section 450, has resumed pursuant to Section 387, or subdivision (a) or (e) of Section 388.
(c)The child has been voluntarily placed by his or her parent or guardian pursuant to Section 11401.1.
(d)The child is living in the home of a nonrelated legal guardian.
(e)On and after January 1, 2012, the child is a nonminor dependent who is placed pursuant to a mutual agreement as set forth in subdivision (u) of Section 11400, under the placement and care responsibility of the county child welfare services department, an Indian tribe that entered into an agreement pursuant to Section 10553.1, or the county probation department, or the child is a nonminor dependent reentering foster care placement pursuant to a voluntary agreement, as set forth in subdivision (z) of Section 11400.
(f)The child has been placed in foster care under the federal Indian Child Welfare Act. Sections 11402, 11404, and 11405 shall not be construed as limiting payments to Indian children, as defined in the federal Indian Child Welfare Act, placed in accordance with that act.
(g)To be eligible for federal financial participation, the conditions described in paragraph (1), (2), (3), or (4) shall be satisfied:
(1)(A)The child meets the conditions of subdivision (b).
(B)The child has been deprived of parental support or care for any of the reasons set forth in Section 11250.
(C)The child has been removed from the home of a relative as defined in Section 233.90(c)(1) of Title 45 of the Code of Federal Regulations, as amended.
(D)The requirements of Sections 671 and 672 of Title 42 of the United States Code, as amended, have been met.
(2)(A)The child meets the requirements of subdivision (h).
(B)The requirements of Sections 671 and 672 of Title 42 of the United States Code, as amended, have been met.
(C)This paragraph shall be implemented only if federal financial participation is available for the children described in this paragraph.
(3)(A)The child has been removed from the custody of his or her parent, relative, or guardian as a result of a voluntary placement agreement or a judicial determination that continuance in the home would be contrary to the childs welfare and that, if the child was placed in foster care, reasonable efforts were made, consistent with Chapter 5 (commencing with Section 16500) of Part 4, to prevent or eliminate the need for removal of the child from his or her home and to make it possible for the child to return to his or her home, or the child is a nonminor dependent who satisfies the removal criteria in Section 472(a)(2)(A)(i) of the federal Social Security Act (42 U.S.C. Sec. 672 (a)(2)(A)(i)) and agrees to the placement and care responsibility of the placing agency by signing the voluntary reentry agreement, as set forth in subdivision (z) of Section 11400, and any of the following applies:
(i)The child has been adjudged a dependent child of the court on the grounds that he or she is a person described by Section 300.
(ii)The child has been adjudged a ward of the court on the grounds that he or she is a person described by Sections 601 and 602 or, on or after January 1, 2012, the nonminor is under the transition jurisdiction of the juvenile court, pursuant to Section 450.
(iii)The child has been detained under a court order, pursuant to Section 319 or 636, that remains in effect.
(iv)The childs or nonminors dependency jurisdiction, or transition jurisdiction pursuant to Section 450, has resumed pursuant to Section 387, or subdivision (a) or (e) of Section 388.
(B)The child has been placed in an eligible foster care placement, as set forth in Section 11402.
(C)The requirements of Sections 671 and 672 of Title 42 of the United States Code have been satisfied.
(D)This paragraph shall be implemented only if federal financial participation is available for the children described in this paragraph.
(4)With respect to a nonminor dependent, in addition to meeting the conditions specified in paragraph (1), the requirements of Section 675(8)(B) of Title 42 of the United States Code have been satisfied. With respect to a former nonminor dependent who reenters foster care placement by signing the voluntary reentry agreement, as set forth in subdivision (z) of Section 11400, the requirements for AFDC-FC eligibility of Section 672(a)(3)(A) of Title 42 of the United States Code are satisfied based on the nonminors status as a child-only case, without regard to the parents, legal guardians, or others in the assistance unit in the home from which the nonminor was originally removed.
(h)The child meets all of the following conditions:
(1)The child has been adjudged to be a dependent child or ward of the court on the grounds that he or she is a person described in Section 300, 601, or 602.
(2)The childs parent also has been adjudged to be a dependent child or nonminor dependent of the court on the grounds that he or she is a person described by Section 300, 450, 601, or 602 and is receiving benefits under this chapter.
(3)The child is placed in the same licensed or approved foster care facility in which his or her parent is placed and the childs parent is receiving reunification services with respect to that child.
(i)This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 11.Section 11401 is added to the Welfare and Institutions Code, to read:11401.Aid in the form of AFDC-FC shall be provided under this chapter on behalf of any child under 18 years of age, and, on and after January 1, 2012, to any nonminor dependent who meets the conditions of any of the following subdivisions:
(a)The child has been relinquished, for purposes of adoption, to a licensed adoption agency, or the department, or the parental rights of either or both of his or her parents have been terminated after an action under the Family Code has been brought by a licensed adoption agency or the department, provided that the licensed adoption agency or the department, if responsible for placement and care, provides to those children all services as required by the department to children in foster care.
(b)The child has been removed from the physical custody of his or her parent, relative, or guardian as a result of a voluntary placement agreement or a judicial determination that continuance in the home would be contrary to the childs welfare and that, if the child was placed in foster care, reasonable efforts were made, consistent with Chapter 5 (commencing with Section 16500) of Part 4, to prevent or eliminate the need for removal of the child from his or her home and to make it possible for the child to return to his or her home, and any of the following applies:
(1)The child has been adjudged a dependent child of the court on the grounds that he or she is a person described by Section 300.
(2)The child has been adjudged a ward of the court on the grounds that he or she is a person described by Sections 601 and 602, or, on or after January 1, 2012, the nonminor is under the transition jurisdiction of the juvenile court pursuant to Section 450.
(3)The child has been detained under a court order, pursuant to Section 319 or 636, that remains in effect.
(4)The childs or nonminors dependency jurisdiction, or transition jurisdiction pursuant to Section 450, has resumed pursuant to Section 387, or subdivision (a) or (e) of Section 388.
(c)The child has been voluntarily placed by his or her parent or guardian pursuant to Section 11401.1.
(d)The child is living in the home of a nonrelated legal guardian.
(e)On and after January 1, 2012, the child is a nonminor dependent who is placed pursuant to a mutual agreement as set forth in subdivision (u) of Section 11400, under the placement and care responsibility of the county child welfare services department, an Indian tribe that entered into an agreement pursuant to Section 10553.1, or the county probation department, or the child is a nonminor dependent reentering foster care placement pursuant to a voluntary reentry agreement, as set forth in subdivision (z) of Section 11400.
(f)The child has been placed in foster care under the federal Indian Child Welfare Act. Sections 11402, 11404, and 11405 shall not be construed as limiting payments to Indian children, as defined in the federal Indian Child Welfare Act, placed in accordance with that act.
(g)To be eligible for federal financial participation, the conditions described in paragraph (1), (2), (3), or (4) shall be satisfied:
(1)(A)The child meets the conditions of subdivision (b).
(B)The child has been deprived of parental support or care for any of the reasons set forth in Section 233.90 (c)(1) of Title 42 of the Code of Federal Regulations.
(C)The child has been removed from the home of a relative as defined in Section 233.90(c)(1) of Title 45 of the Code of Federal Regulations, as amended.
(D)The requirements of Sections 671 and 672 of Title 42 of the United States Code, as amended, have been met.
(2)(A)The child meets the requirements of subdivision (h).
(B)The requirements of Sections 671 and 672 of Title 42 of the United States Code, as amended, have been met.
(C)This paragraph shall be implemented only if federal financial participation is available for the children described in this paragraph.
(3)(A)The child has been removed from the custody of his or her parent, relative, or guardian as a result of a voluntary placement agreement or a judicial determination that continuance in the home would be contrary to the childs welfare and that, if the child was placed in foster care, reasonable efforts were made, consistent with Chapter 5 (commencing with Section 16500) of Part 4, to prevent or eliminate the need for removal of the child from his or her home and to make it possible for the child to return to his or her home, or the child is a nonminor dependent who satisfies the removal criteria in Section 472(a)(2)(A)(i) of the federal Social Security Act (42 U.S.C. Sec. 672 (a)(2)(A)(i)) and agrees to the placement and care responsibility of the placing agency by signing the voluntary reentry agreement, as set forth in subdivision (z) of Section 11400, and any of the following applies:
(i)The child has been adjudged a dependent child of the court on the grounds that he or she is a person described by Section 300.
(ii)The child has been adjudged a ward of the court on the grounds that he or she is a person described by Sections 601 and 602 or, on or after January 1, 2012, the nonminor is under the transition jurisdiction of the juvenile court, pursuant to Section 450.
(iii)The child has been detained under a court order, pursuant to Section 319 or 636, that remains in effect.
(iv)The childs or nonminors dependency jurisdiction, or transition jurisdiction pursuant to Section 450, has resumed pursuant to Section 387, or subdivision (a) or (e) of Section 388.
(B)The child has been placed in an eligible foster care placement, as set forth in Section 11402.
(C)The requirements of Sections 671 and 672 of Title 42 of the United States Code have been satisfied.
(D)This paragraph shall be implemented only if federal financial participation is available for the children described in this paragraph.
(4)With respect to a nonminor dependent, in addition to meeting the conditions specified in paragraph (1), the requirements of Section 675(8)(B) of Title 42 of the United States Code have been satisfied. With respect to a former nonminor dependent who reenters foster care placement by signing the voluntary reentry agreement, as set forth in subdivision (z) of Section 11400, the requirements for AFDC-FC eligibility of Section 672(a)(3)(A) of Title 42 of the United States Code are satisfied based on the nonminors status as a child-only case, without regard to the parents, legal guardians, or others in the assistance unit in the home from which the nonminor was originally removed.
(h)The child meets all of the following conditions:
(1)The child has been adjudged to be a dependent child or ward of the court on the grounds that he or she is a person described in Section 300, 601, or 602.
(2)The childs parent also has been adjudged to be a dependent child or nonminor dependent of the court on the grounds that he or she is a person described by Section 300, 450, 601, or 602 and is receiving benefits under this chapter.
(3)The child is placed in the same licensed or approved foster care facility in which his or her parent is placed and the childs parent is receiving reunification services with respect to that child.
(i)This section shall become operative on July 1, 2016.
SEC. 12.Section 11450.16 of the Welfare and Institutions Code is amended to read:11450.16.(a)For purposes of determining eligibility under this chapter, and for computing the amount of aid payment under Section 11450, families shall be grouped into assistance units.
(b)Every assistance unit shall include at least one of the following persons:
(1)One of each of the following:
(A)An eligible child.
(B)The caretaker relative of an otherwise eligible child who is not receiving aid under Section 11250 because that child is receiving benefits under Title XVI of the Social Security Act (Subchapter 16 (commencing with Section 1381) of Chapter 7 of Title 42 of the United States Code), or Kin-GAP payments under Section 11364 or 11387, or foster care payments under Section 11461.
(2)A pregnant woman who is eligible for payments under subdivision (c) of Section 11450.
(c)Every assistance unit shall, in addition to the requirements of subdivision (b), include the eligible parents of the eligible child and the eligible siblings, including half-siblings, of the eligible child when those persons reside in the same home as the eligible child. This subdivision shall not apply to any convicted offender who is permitted to reside at the home of the eligible child as part of a court-imposed sentence and who is considered an absent parent under Section 11250.
(d)An assistance unit may, at the option of the family comprising the assistance unit, also include the nonparent caretaker relative of the eligible child, the spouse of the parent of the eligible child, otherwise eligible nonsibling children in the care of the caretaker relative of the eligible child, and the alternatively sentenced offender parent exempted under subdivision (c).
(e)If two or more assistance units reside in the same home, they shall be combined into one assistance unit when any of the following circumstances occurs:
(1)There is a common caretaker relative for the eligible children.
(2)One caretaker relative marries another caretaker relative.
(3)Two caretaker relatives are the parents of an eligible child.
(f)For purposes of this section, caretaker relative means the parent or other relative, as defined by regulations adopted by the department, who exercises responsibility and control of a child.
(g)This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 13.Section 11450.16 is added to the Welfare and Institutions Code, to read:11450.16.(a)For purposes of determining eligibility under this chapter, and for computing the amount of aid payment under Section 11450, families shall be grouped into assistance units.
(b)Every assistance unit shall include at least one of the following persons:
(1)One of each of the following:
(A)An eligible child.
(B)The caretaker relative of an otherwise eligible child who is not receiving aid under Section 11250 because that child is receiving benefits under Title XVI of the Social Security Act (Subchapter 16 (commencing with Section 1381) of Chapter 7 of Title 42 of the United States Code), or Kin-GAP payments under Section 11364 or 11387, or foster care payments under Section 11461.
(2)A pregnant woman who is eligible for payments under subdivision (c) of Section 11450.
(c)Every assistance unit shall, in addition to the requirements of subdivision (b), include the eligible parents of the eligible child and the eligible siblings, including half-siblings, of the eligible child when those persons reside in the same home as the eligible child. This subdivision shall not apply to any convicted offender who is permitted to reside at the home of the eligible child as part of a court-imposed sentence and who is considered an absent parent under subdivision (d).
(d)A parent shall not be included in the assistance unit if he or she is absent from the home due to divorce, separation, desertion, or any other reason, if his or her absence interrupts or terminates the parents 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 parents 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.
(e)An assistance unit may, at the option of the family comprising the assistance unit, also include the nonparent caretaker relative of the eligible child, the spouse of the parent of the eligible child, otherwise eligible nonsibling children in the care of the caretaker relative of the eligible child, and the alternatively sentenced offender parent exempted under subdivision (c).
(f)If two or more assistance units reside in the same home, they shall be combined into one assistance unit when any of the following circumstances occurs:
(1)There is a common caretaker relative for the eligible children.
(2)One caretaker relative marries another caretaker relative.
(3)Two caretaker relatives are the parents of an eligible child.
(g)For purposes of this section, caretaker relative means the parent or other relative, as defined by regulations adopted by the department, who exercises responsibility and control of a child.
(h)This section shall become operative on July 1, 2016.
SEC. 14.(a)Notwithstanding 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 State Department of Social Services shall implement this act through an all-county letter or similar instructions from the director.
(b)The department shall adopt regulations as necessary to implement this act no later than July 1, 2018.
SEC. 15.No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of implementing this act.
SEC. 16.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.
This act shall be known, and may be cited, as the CalWORKs Family Unity Act of 2015.
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 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.
(d)This section shall become inoperative on July 15, July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 3.Section 11201 is added to the Welfare and Institutions Code, to read:11201.(a)For purposes of this chapter, parent means a natural or adoptive parent.
(b)This section shall become operative on July 15, July 1, 2016.
SEC. 4.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 because they have been deprived of parental support or care due to:
(a)The death, physical or mental incapacity, or incarceration of a parent.
(b)The unemployment of a parent or parents.
(c)Continued absence of a 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. Continued absence exists when the nature of the absence is such as either to interrupt or to terminate the parents 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 parents 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.
(d)This section shall become inoperative on July 15, July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 5.Section 11250 is added to the Welfare and Institutions Code, to read:11250.(a)Aid, services, or both shall be granted under this chapter, and subject to the regulations of the department, to families with related children under 18 years of age, except as provided in Section 11253, in need thereof, if the family meets the eligibility requirements specified in this chapter.
(b)This section shall become operative on July 15, July 1, 2016.
SEC. 6.Section 11450.16 of the Welfare and Institutions Code is amended to read:11450.16.(a)For purposes of determining eligibility under this chapter, and for computing the amount of aid payment under Section 11450, families shall be grouped into assistance units.
(b)Every assistance unit shall include at least one of the following persons:
(1)One of each of the following:
(A)An eligible child.
(B)The caretaker relative of an otherwise eligible child who is not receiving aid under Section 11250 because that child is receiving benefits under Title XVI of the Social Security Act (Subchapter 16 (commencing with Section 1381) of Chapter 7 of Title 42 of the United States Code), or Kin-GAP payments under Section 11364 or 11387, or foster care payments under Section 11461.
(2)A pregnant woman who is eligible for payments under subdivision (c) of Section 11450.
(c)Every assistance unit shall, in addition to the requirements of subdivision (b), include the eligible parents of the eligible child and the eligible siblings, including half-siblings, of the eligible child when those persons reside in the same home as the eligible child. This subdivision shall not apply to any convicted offender who is permitted to reside at the home of the eligible child as part of a court-imposed sentence and who is considered an absent parent under subdivision (d).
(d)A parent shall not be included in the assistance unit if he or she is absent from the home due to divorce, separation, desertion, or any other reason, if his or her absence interrupts or terminates the parents 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 parents 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.
(e)An assistance unit may, at the option of the family comprising the assistance unit, also include the nonparent caretaker relative of the eligible child, the spouse of the parent of the eligible child, otherwise eligible nonsibling children in the care of the caretaker relative of the eligible child, and the alternatively sentenced offender parent exempted under subdivision (c).
(f)If two or more assistance units reside in the same home, they shall be combined into one assistance unit when any of the following circumstances occurs:
(1)There is a common caretaker relative for the eligible children.
(2)One caretaker relative marries another caretaker relative.
(3)Two caretaker relatives are the parents of an eligible child.
(g)For purposes of this section, caretaker relative means the parent or other relative, as defined by regulations adopted by the department, who exercises responsibility and control of a child.
SEC. 7.SEC. 6.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)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 doctors verification that the disability is expected to last at least 30 days and that it significantly impairs the recipients 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 relatives 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 recipients 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 of the principal wage earner, the exemption criteria contained in subparagraph (A) shall be applied to only one parent.
(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.
(8)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 recipients 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 individuals 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 recipients 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.
(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.
(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.
(h)(1) A recipient who was not required to participate in welfare-to-work activities on December 31, 2012, because, in accordance with paragraph (7) of subdivision (b), 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.
(i)This section shall become inoperative on July 15, July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 8.SEC. 7.Section 11320.3 is added to the Welfare and Institutions Code, 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)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 doctors verification that the disability is expected to last at least 30 days and that it significantly impairs the recipients 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 relatives 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 recipients 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)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, the exemption criteria contained in subparagraph (A) shall be applied to only one parent.
(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.
(8)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 the time of 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 recipients 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 individuals 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 recipients 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.
(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.
(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.
(h)(1)A recipient who was not required to participate in welfare-to-work activities on December 31, 2012, because, in accordance with paragraph (7) of subdivision (b), 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.
(i)This section shall become operative on July 15, July 1, 2016.
SEC. 9.SEC. 8.Section 11322.8 of the Welfare and Institutions Code is amended to read:11322.8.(a)For a recipient required to participate in accordance with paragraph (1) of subdivision (a) of Section 11322.85, unless the recipient is otherwise exempt, the following shall apply:
(1)(A) An adult recipient in a one-parent assistance unit that does not include a child under six years of age shall participate in welfare-to-work activities for an average of at least 30 hours per week during the month.
(B)An adult recipient in a one-parent assistance unit that includes a child under six years of age shall participate in welfare-to-work activities for an average of at least 20 hours per week during the month.
(2)An adult recipient who is an unemployed parent, as defined in Section 11201, shall participate for an average of at least 35 hours of welfare-to-work activities per week during the month. However, both parents in a two-parent assistance unit may contribute to the 35 hours.
(b)For a recipient required to participate in accordance with paragraph (3) of subdivision (a) of Section 11322.85, the following shall apply:
(1)Unless otherwise exempt, an adult recipient in a one-parent assistance unit shall participate in welfare-to-work activities for an average of at least 30 hours per week during the month, subject to the special rules and limitations described in Section 607(c)(1)(A) of Title 42 of the United States Code as of January 1, 2013.
(2)Unless otherwise exempt, an adult recipient in a one-parent assistance unit that includes a child under six years of age shall participate in welfare-to-work activities for an average of at least 20 hours per week during the month, as described in Section 607(c)(2)(B) of Title 42 of the United States Code as of January 1, 2013.
(3)Unless otherwise exempt, an adult recipient who is an unemployed parent, as defined in Section 11201, shall participate in welfare-to-work activities for an average of at least 35 hours per week during the month, subject to the special rules and limitations described in Section 607(c)(1)(B) of Title 42 of the United States Code as of January 1, 2013.
(c)This section shall become inoperative on July 15, July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 10.SEC. 9.Section 11322.8 is added to the Welfare and Institutions Code, to read:11322.8.(a)An adult recipient required to participate in accordance with paragraph (1) of subdivision (a) of Section 11322.85, unless otherwise exempt, shall participate in welfare-to-work activities for the following number of hours per week during the month:
(1)At An average of at least 30 hours per week, if the assistance unit includes either of the following but does not include a child under six years of age:
(A)One adult.
(B)Two adults, one of whom is disabled as defined in subparagraph (A) of paragraph (3) of subdivision (b) of Section 11320.3.
(2)At An average of at least 20 hours per week, if the assistance unit includes a child under six years of age and either of the following:
(A)One adult.
(B)Two adults, one of whom is disabled as defined in subparagraph (A) of paragraph (3) of subdivision (b) of Section 11320.3.
(3)At An average of at least 20 hours per week, if the assistance unit consists only of a pregnant woman.
(4)At An average of at least 35 hours per week if the assistance unit includes two adults, except as provided in paragraphs (1) and (2). However, both adults may contribute to the 35 hours.
(b)An adult recipient required to participate in accordance with paragraph (3) of subdivision (a) of Section 11322.85, unless otherwise exempt, shall participate in welfare-to-work activities for the following number of hours per week during the month:
(1)At An average of at least 30 hours per week, subject to the special rules and limitations described in Section 607(c)(1)(A) of Title 42 of the United States Code as of January 1, 2013, if the assistance unit consists of only a pregnant woman, or includes one of the following but does not include a child under six years of age:
(A)One adult.
(B)Two adults, one of whom is disabled as defined in subparagraph (A) of paragraph (3) of subdivision (b) of Section 11320.3.
(2)At An average of at least 20 hours per week, as described in Section 607(c)(2)(B) of Title 42 of the United States Code as of January 1, 2013, if the assistance unit includes only one adult and a child under six years of age.
(3)At An average of at least 35 hours per week if the assistance unit includes two adults, except as provided in paragraph (1) and subject to the special rules and limitations described in Section 607(c)(1)(B) of Title 42 of the United States Code as of January 1, 2013.
(c)This section shall become operative on July 1, 2016.
SEC. 11.SEC. 10.Section 11401 of the Welfare and Institutions Code is amended to read:11401.Aid in the form of AFDC-FC shall be provided under this chapter on behalf of any child under 18 years of age, and, on and after January 1, 2012, to any nonminor dependent who meets the conditions of any of the following subdivisions:
(a)The child has been relinquished, for purposes of adoption, to a licensed adoption agency, or the department, or the parental rights of either or both of his or her parents have been terminated after an action under the Family Code has been brought by a licensed adoption agency or the department, provided that the licensed adoption agency or the department, if responsible for placement and care, provides to those children all services as required by the department to children in foster care.
(b)The child has been removed from the physical custody of his or her parent, relative, or guardian as a result of a voluntary placement agreement or a judicial determination that continuance in the home would be contrary to the childs welfare and that, if the child was placed in foster care, reasonable efforts were made, consistent with Chapter 5 (commencing with Section 16500) of Part 4, to prevent or eliminate the need for removal of the child from his or her home and to make it possible for the child to return to his or her home, and any of the following applies:
(1)The child has been adjudged a dependent child of the court on the grounds that he or she is a person described by Section 300.
(2)The child has been adjudged a ward of the court on the grounds that he or she is a person described by Sections 601 and 602, or, on or after January 1, 2012, the nonminor is under the transition jurisdiction of the juvenile court pursuant to Section 450.
(3)The child has been detained under a court order, pursuant to Section 319 or 636, that remains in effect.
(4)The childs or nonminors dependency jurisdiction, or transition jurisdiction pursuant to Section 450, has resumed pursuant to Section 387, or subdivision (a) or (e) of Section 388.
(c)The child has been voluntarily placed by his or her parent or guardian pursuant to Section 11401.1.
(d)The child is living in the home of a nonrelated legal guardian.
(e)On and after January 1, 2012, the child is a nonminor dependent who is placed pursuant to a mutual agreement as set forth in subdivision (u) of Section 11400, under the placement and care responsibility of the county child welfare services department, an Indian tribe that entered into an agreement pursuant to Section 10553.1, or the county probation department, or the child is a nonminor dependent reentering foster care placement pursuant to a voluntary agreement, as set forth in subdivision (z) of Section 11400.
(f)The child has been placed in foster care under the federal Indian Child Welfare Act. Sections 11402, 11404, and 11405 shall not be construed as limiting payments to Indian children, as defined in the federal Indian Child Welfare Act, placed in accordance with that act.
(g)To be eligible for federal financial participation, the conditions described in paragraph (1), (2), (3), or (4) shall be satisfied:
(1)(A)The child meets the conditions of subdivision (b).
(B)The child has been deprived of parental support or care for any of the reasons set forth in Section 11250.
(C)The child has been removed from the home of a relative as defined in Section 233.90(c)(1) of Title 45 of the Code of Federal Regulations, as amended.
(D)The requirements of Sections 671 and 672 of Title 42 of the United States Code, as amended, have been met.
(2)(A)The child meets the requirements of subdivision (h).
(B)The requirements of Sections 671 and 672 of Title 42 of the United States Code, as amended, have been met.
(C)This paragraph shall be implemented only if federal financial participation is available for the children described in this paragraph.
(3)(A)The child has been removed from the custody of his or her parent, relative, or guardian as a result of a voluntary placement agreement or a judicial determination that continuance in the home would be contrary to the childs welfare and that, if the child was placed in foster care, reasonable efforts were made, consistent with Chapter 5 (commencing with Section 16500) of Part 4, to prevent or eliminate the need for removal of the child from his or her home and to make it possible for the child to return to his or her home, or the child is a nonminor dependent who satisfies the removal criteria in Section 472(a)(2)(A)(i) of the federal Social Security Act (42 U.S.C. Sec. 672 (a)(2)(A)(i)) and agrees to the placement and care responsibility of the placing agency by signing the voluntary reentry agreement, as set forth in subdivision (z) of Section 11400, and any of the following applies:
(i)The child has been adjudged a dependent child of the court on the grounds that he or she is a person described by Section 300.
(ii)The child has been adjudged a ward of the court on the grounds that he or she is a person described by Sections 601 and 602 or, on or after January 1, 2012, the nonminor is under the transition jurisdiction of the juvenile court, pursuant to Section 450.
(iii)The child has been detained under a court order, pursuant to Section 319 or 636, that remains in effect.
(iv)The childs or nonminors dependency jurisdiction, or transition jurisdiction pursuant to Section 450, has resumed pursuant to Section 387, or subdivision (a) or (e) of Section 388.
(B)The child has been placed in an eligible foster care placement, as set forth in Section 11402.
(C)The requirements of Sections 671 and 672 of Title 42 of the United States Code have been satisfied.
(D)This paragraph shall be implemented only if federal financial participation is available for the children described in this paragraph.
(4)With respect to a nonminor dependent, in addition to meeting the conditions specified in paragraph (1), the requirements of Section 675(8)(B) of Title 42 of the United States Code have been satisfied. With respect to a former nonminor dependent who reenters foster care placement by signing the voluntary reentry agreement, as set forth in subdivision (z) of Section 11400, the requirements for AFDC-FC eligibility of Section 672(a)(3)(A) of Title 42 of the United States Code are satisfied based on the nonminors status as a child-only case, without regard to the parents, legal guardians, or others in the assistance unit in the home from which the nonminor was originally removed.
(h)The child meets all of the following conditions:
(1)The child has been adjudged to be a dependent child or ward of the court on the grounds that he or she is a person described in Section 300, 601, or 602.
(2)The childs parent also has been adjudged to be a dependent child or nonminor dependent of the court on the grounds that he or she is a person described by Section 300, 450, 601, or 602 and is receiving benefits under this chapter.
(3)The child is placed in the same licensed or approved foster care facility in which his or her parent is placed and the childs parent is receiving reunification services with respect to that child.
(i)This section shall become inoperative on July 15, July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 12.SEC. 11.Section 11401 is added to the Welfare and Institutions Code, to read:11401.Aid in the form of AFDC-FC shall be provided under this chapter on behalf of any child under 18 years of age, and, on and after January 1, 2012, to any nonminor dependent who meets the conditions of any of the following subdivisions:
(a)The child has been relinquished, for purposes of adoption, to a licensed adoption agency, or the department, or the parental rights of either or both of his or her parents have been terminated after an action under the Family Code has been brought by a licensed adoption agency or the department, provided that the licensed adoption agency or the department, if responsible for placement and care, provides to those children all services as required by the department to children in foster care.
(b)The child has been removed from the physical custody of his or her parent, relative, or guardian as a result of a voluntary placement agreement or a judicial determination that continuance in the home would be contrary to the childs welfare and that, if the child was placed in foster care, reasonable efforts were made, consistent with Chapter 5 (commencing with Section 16500) of Part 4, to prevent or eliminate the need for removal of the child from his or her home and to make it possible for the child to return to his or her home, and any of the following applies:
(1)The child has been adjudged a dependent child of the court on the grounds that he or she is a person described by Section 300.
(2)The child has been adjudged a ward of the court on the grounds that he or she is a person described by Sections 601 and 602, or, on or after January 1, 2012, the nonminor is under the transition jurisdiction of the juvenile court pursuant to Section 450.
(3)The child has been detained under a court order, pursuant to Section 319 or 636, that remains in effect.
(4)The childs or nonminors dependency jurisdiction, or transition jurisdiction pursuant to Section 450, has resumed pursuant to Section 387, or subdivision (a) or (e) of Section 388.
(c)The child has been voluntarily placed by his or her parent or guardian pursuant to Section 11401.1.
(d)The child is living in the home of a nonrelated legal guardian.
(e)On and after January 1, 2012, the child is a nonminor dependent who is placed pursuant to a mutual agreement as set forth in subdivision (u) of Section 11400, under the placement and care responsibility of the county child welfare services department, an Indian tribe that entered into an agreement pursuant to Section 10553.1, or the county probation department, or the child is a nonminor dependent reentering foster care placement pursuant to a voluntary reentry agreement, as set forth in subdivision (z) of Section 11400.
(f)The child has been placed in foster care under the federal Indian Child Welfare Act. Sections 11402, 11404, and 11405 shall not be construed as limiting payments to Indian children, as defined in the federal Indian Child Welfare Act, placed in accordance with that act.
(g)To be eligible for federal financial participation, the conditions described in paragraph (1), (2), (3), or (4) shall be satisfied:
(1)(A)The child meets the conditions of subdivision (b).
(B)The child has been deprived of parental support or care for any of the reasons set forth in Section 233.90 (c)(1) of Title 42 of the Code of Federal Regulations.
(C)The child has been removed from the home of a relative as defined in Section 233.90(c)(1) of Title 45 of the Code of Federal Regulations, as amended.
(D)The requirements of Sections 671 and 672 of Title 42 of the United States Code, as amended, have been met.
(2)(A)The child meets the requirements of subdivision (h).
(B)The requirements of Sections 671 and 672 of Title 42 of the United States Code, as amended, have been met.
(C)This paragraph shall be implemented only if federal financial participation is available for the children described in this paragraph.
(3)(A)The child has been removed from the custody of his or her parent, relative, or guardian as a result of a voluntary placement agreement or a judicial determination that continuance in the home would be contrary to the childs welfare and that, if the child was placed in foster care, reasonable efforts were made, consistent with Chapter 5 (commencing with Section 16500) of Part 4, to prevent or eliminate the need for removal of the child from his or her home and to make it possible for the child to return to his or her home, or the child is a nonminor dependent who satisfies the removal criteria in Section 472(a)(2)(A)(i) of the federal Social Security Act (42 U.S.C. Sec. 672 (a)(2)(A)(i)) and agrees to the placement and care responsibility of the placing agency by signing the voluntary reentry agreement, as set forth in subdivision (z) of Section 11400, and any of the following applies:
(i)The child has been adjudged a dependent child of the court on the grounds that he or she is a person described by Section 300.
(ii)The child has been adjudged a ward of the court on the grounds that he or she is a person described by Sections 601 and 602 or, on or after January 1, 2012, the nonminor is under the transition jurisdiction of the juvenile court, pursuant to Section 450.
(iii)The child has been detained under a court order, pursuant to Section 319 or 636, that remains in effect.
(iv)The childs or nonminors dependency jurisdiction, or transition jurisdiction pursuant to Section 450, has resumed pursuant to Section 387, or subdivision (a) or (e) of Section 388.
(B)The child has been placed in an eligible foster care placement, as set forth in Section 11402.
(C)The requirements of Sections 671 and 672 of Title 42 of the United States Code have been satisfied.
(D)This paragraph shall be implemented only if federal financial participation is available for the children described in this paragraph.
(4)With respect to a nonminor dependent, in addition to meeting the conditions specified in paragraph (1), the requirements of Section 675(8)(B) of Title 42 of the United States Code have been satisfied. With respect to a former nonminor dependent who reenters foster care placement by signing the voluntary reentry agreement, as set forth in subdivision (z) of Section 11400, the requirements for AFDC-FC eligibility of Section 672(a)(3)(A) of Title 42 of the United States Code are satisfied based on the nonminors status as a child-only case, without regard to the parents, legal guardians, or others in the assistance unit in the home from which the nonminor was originally removed.
(h)The child meets all of the following conditions:
(1)The child has been adjudged to be a dependent child or ward of the court on the grounds that he or she is a person described in Section 300, 601, or 602.
(2)The childs parent also has been adjudged to be a dependent child or nonminor dependent of the court on the grounds that he or she is a person described by Section 300, 450, 601, or 602 and is receiving benefits under this chapter.
(3)The child is placed in the same licensed or approved foster care facility in which his or her parent is placed and the childs parent is receiving reunification services with respect to that child.
(i)This section shall become operative on July 15, July 1, 2016.
SEC. 13.SEC. 12.Section 11450.16 of the Welfare and Institutions Code is amended to read:11450.16.(a)For purposes of determining eligibility under this chapter, and for computing the amount of aid payment under Section 11450, families shall be grouped into assistance units.
(b)Every assistance unit shall include at least one of the following persons:
(1)One of each of the following:
(A)An eligible child.
(B)The caretaker relative of an otherwise eligible child who is not receiving aid under Section 11250 because that child is receiving benefits under Title XVI of the Social Security Act (Subchapter 16 (commencing with Section 1381) of Chapter 7 of Title 42 of the United States Code), or Kin-GAP payments under Section 11364 or 11387, or foster care payments under Section 11461.
(2)A pregnant woman who is eligible for payments under subdivision (c) of Section 11450.
(c)Every assistance unit shall, in addition to the requirements of subdivision (b), include the eligible parents of the eligible child and the eligible siblings, including half-siblings, of the eligible child when those persons reside in the same home as the eligible child. This subdivision shall not apply to any convicted offender who is permitted to reside at the home of the eligible child as part of a court-imposed sentence and who is considered an absent parent under Section 11250.
(d)An assistance unit may, at the option of the family comprising the assistance unit, also include the nonparent caretaker relative of the eligible child, the spouse of the parent of the eligible child, otherwise eligible nonsibling children in the care of the caretaker relative of the eligible child, and the alternatively sentenced offender parent exempted under subdivision (c).
(e)If two or more assistance units reside in the same home, they shall be combined into one assistance unit when any of the following circumstances occurs:
(1)There is a common caretaker relative for the eligible children.
(2)One caretaker relative marries another caretaker relative.
(3)Two caretaker relatives are the parents of an eligible child.
(f)For purposes of this section, caretaker relative means the parent or other relative, as defined by regulations adopted by the department, who exercises responsibility and control of a child.
(g)This section shall become inoperative on July 15, July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 14.SEC. 13.Section 11450.16 is added to the Welfare and Institutions Code, to read:11450.16.(a)For purposes of determining eligibility under this chapter, and for computing the amount of aid payment under Section 11450, families shall be grouped into assistance units.
(b)Every assistance unit shall include at least one of the following persons:
(1)One of each of the following:
(A)An eligible child.
(B)The caretaker relative of an otherwise eligible child who is not receiving aid under Section 11250 because that child is receiving benefits under Title XVI of the Social Security Act (Subchapter 16 (commencing with Section 1381) of Chapter 7 of Title 42 of the United States Code), or Kin-GAP payments under Section 11364 or 11387, or foster care payments under Section 11461.
(2)A pregnant woman who is eligible for payments under subdivision (c) of Section 11450.
(c)Every assistance unit shall, in addition to the requirements of subdivision (b), include the eligible parents of the eligible child and the eligible siblings, including half-siblings, of the eligible child when those persons reside in the same home as the eligible child. This subdivision shall not apply to any convicted offender who is permitted to reside at the home of the eligible child as part of a court-imposed sentence and who is considered an absent parent under subdivision (d).
(d)A parent shall not be included in the assistance unit if he or she is absent from the home due to divorce, separation, desertion, or any other reason, if his or her absence interrupts or terminates the parents 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 parents 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.
(e)An assistance unit may, at the option of the family comprising the assistance unit, also include the nonparent caretaker relative of the eligible child, the spouse of the parent of the eligible child, otherwise eligible nonsibling children in the care of the caretaker relative of the eligible child, and the alternatively sentenced offender parent exempted under subdivision (c).
(f)If two or more assistance units reside in the same home, they shall be combined into one assistance unit when any of the following circumstances occurs:
(1)There is a common caretaker relative for the eligible children.
(2)One caretaker relative marries another caretaker relative.
(3)Two caretaker relatives are the parents of an eligible child.
(g)For purposes of this section, caretaker relative means the parent or other relative, as defined by regulations adopted by the department, who exercises responsibility and control of a child.
(h)This section shall become operative on July 15, July 1, 2016.
SEC. 15.SEC. 14.(a)Notwithstanding 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 State Department of Social Services shall implement this act through an all-county letter or similar instructions from the director.
(b)The department shall adopt regulations as necessary to implement this act no later than July 1, 2018.
SEC. 16.SEC. 15.No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of implementing this act.
SEC. 17.SEC. 16.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.
This act shall be known, and may be cited, as the CalWORKs Family Unity Act of 2015.
SEC. 2.Section 11201 of the Welfare and Institutions Code is repealed.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 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.
(d)This section shall become inoperative on July 15, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 3.Section 11201 is added to the Welfare and Institutions Code, to read:11201.(a)For purposes of this chapter, parent means a natural or adoptive parent with whom an eligible child is living. parent.
(b)This section shall become operative on July 15, 2016.
SEC. 4.Section 11250 of the Welfare and Institutions Code is repealed.SEC. 4.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 because they have been deprived of parental support or care due to:
(a)The death, physical or mental incapacity, or incarceration of a parent.
(b)The unemployment of a parent or parents.
(c)Continued absence of a 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. Continued absence exists when the nature of the absence is such as either to interrupt or to terminate the parents 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 parents 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.
(d)This section shall become inoperative on July 15, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 5.Section 11250 is added to the Welfare and Institutions Code, to read:11250.(a)Aid, services, or both shall be granted under this chapter, and subject to the regulations of the department, to families with related children under 18 years of age, except as provided in Section 11253, in need thereof, if the family meets the eligibility requirements specified in this chapter.
(b)This section shall become operative on July 15, 2016.
SEC. 6.Section 11401 of the Welfare and Institutions Code is amended to read:11401.Aid in the form of AFDC-FC shall be provided under this chapter on behalf of any child under 18 years of age, and, on and after January 1, 2012, to any nonminor dependent who meets the conditions of any of the following subdivisions:
(a)The child has been relinquished, for purposes of adoption, to a licensed adoption agency, or the department, or the parental rights of either or both of his or her parents have been terminated after an action under the Family Code has been brought by a licensed adoption agency or the department, provided that the licensed adoption agency or the department, if responsible for placement and care, provides to those children all services as required by the department to children in foster care.
(b)The child has been removed from the physical custody of his or her parent, relative, or guardian as a result of a voluntary placement agreement or a judicial determination that continuance in the home would be contrary to the childs welfare and that, if the child was placed in foster care, reasonable efforts were made, consistent with Chapter 5 (commencing with Section 16500) of Part 4, to prevent or eliminate the need for removal of the child from his or her home and to make it possible for the child to return to his or her home, and any of the following applies:
(1)The child has been adjudged a dependent child of the court on the grounds that he or she is a person described by Section 300.
(2)The child has been adjudged a ward of the court on the grounds that he or she is a person described by Sections 601 and 602, or, on or after January 1, 2012, the nonminor is under the transition jurisdiction of the juvenile court pursuant to Section 450.
(3)The child has been detained under a court order, pursuant to Section 319 or 636, that remains in effect.
(4)The childs or nonminors dependency jurisdiction, or transition jurisdiction pursuant to Section 450, has resumed pursuant to Section 387, or subdivision (a) or (e) of Section 388.
(c)The child has been voluntarily placed by his or her parent or guardian pursuant to Section 11401.1.
(d)The child is living in the home of a nonrelated legal guardian.
(e)On and after January 1, 2012, the child is a nonminor dependent who is placed pursuant to a mutual agreement as set forth in subdivision (u) of Section 11400, under the placement and care responsibility of the county child welfare services department, an Indian tribe that entered into an agreement pursuant to Section 10553.1, or the county probation department, or the child is a nonminor dependent reentering foster care placement pursuant to a voluntary agreement, as set forth in subdivision (z) of Section 11400.
(f)The child has been placed in foster care under the federal Indian Child Welfare Act. Sections 11402, 11404, and 11405 shall not be construed as limiting payments to Indian children, as defined in the federal Indian Child Welfare Act, placed in accordance with that act.
(g)To be eligible for federal financial participation, the conditions described in paragraph (1), (2), (3), or (4) shall be satisfied:
(1)(A)The child meets the conditions of subdivision (b).
(B)The child has been deprived of parental support or care for any of the reasons set forth in Section 233.90 (c)(1) of title 42 of the code of Federal Regulations..
(C)The child has been removed from the home of a relative as defined in Section 233.90(c)(1) of Title 45 of the Code of Federal Regulations, as amended.
(D)The requirements of Sections 671 and 672 of Title 42 of the United States Code, as amended, have been met.
(2)(A)The child meets the requirements of subdivision (h).
(B)The requirements of Sections 671 and 672 of Title 42 of the United States Code, as amended, have been met.
(C)This paragraph shall be implemented only if federal financial participation is available for the children described in this paragraph.
(3)(A)The child has been removed from the custody of his or her parent, relative, or guardian as a result of a voluntary placement agreement or a judicial determination that continuance in the home would be contrary to the childs welfare and that, if the child was placed in foster care, reasonable efforts were made, consistent with Chapter 5 (commencing with Section 16500) of Part 4, to prevent or eliminate the need for removal of the child from his or her home and to make it possible for the child to return to his or her home, or the child is a nonminor dependent who satisfies the removal criteria in Section 472(a)(2)(A)(i) of the federal Social Security Act (42 U.S.C. Sec. 672 (a)(2)(A)(i)) and agrees to the placement and care responsibility of the placing agency by signing the voluntary reentry agreement, as set forth in subdivision (z) of Section 11400, and any of the following applies:
(i)The child has been adjudged a dependent child of the court on the grounds that he or she is a person described by Section 300.
(ii)The child has been adjudged a ward of the court on the grounds that he or she is a person described by Sections 601 and 602 or, on or after January 1, 2012, the nonminor is under the transition jurisdiction of the juvenile court, pursuant to Section 450.
(iii)The child has been detained under a court order, pursuant to Section 319 or 636, that remains in effect.
(iv)The childs or nonminors dependency jurisdiction, or transition jurisdiction pursuant to Section 450, has resumed pursuant to Section 387, or subdivision (a) or (e) of Section 388.
(B)The child has been placed in an eligible foster care placement, as set forth in Section 11402.
(C)The requirements of Sections 671 and 672 of Title 42 of the United States Code have been satisfied.
(D)This paragraph shall be implemented only if federal financial participation is available for the children described in this paragraph.
(4)With respect to a nonminor dependent, in addition to meeting the conditions specified in paragraph (1), the requirements of Section 675(8)(B) of Title 42 of the United States Code have been satisfied. With respect to a former nonminor dependent who reenters foster care placement by signing the voluntary reentry agreement, as set forth in subdivision (z) of Section 11400, the requirements for AFDC-FC eligibility of Section 672(a)(3)(A) of Title 42 of the United States Code are satisfied based on the nonminors status as a child-only case, without regard to the parents, legal guardians, or others in the assistance unit in the home from which the nonminor was originally removed.
(h)The child meets all of the following conditions:
(1)The child has been adjudged to be a dependent child or ward of the court on the grounds that he or she is a person described in Section 300, 601, or 602.
(2)The childs parent also has been adjudged to be a dependent child or nonminor dependent of the court on the grounds that he or she is a person described by Section 300, 450, 601, or 602 and is receiving benefits under this chapter.
(3)The child is placed in the same licensed or approved foster care facility in which his or her parent is placed and the childs parent is receiving reunification services with respect to that child.
SEC. 7.SEC. 6.Section 11450.16 of the Welfare and Institutions Code is amended to read:11450.16.(a)For purposes of determining eligibility under this chapter, and for computing the amount of aid payment under Section 11450, families shall be grouped into assistance units.
(b)Every assistance unit shall include at least one of the following persons:
(1)One of each of the following:
(A)An eligible child.
(B)The caretaker relative of an otherwise eligible child who is not receiving aid under Section 11250 because that child is receiving benefits under Title XVI of the Social Security Act (Subchapter 16 (commencing with Section 1381) of Chapter 7 of Title 42 of the United States Code), or Kin-GAP payments under Section 11364 or 11387, or foster care payments under Section 11461.
(2)A pregnant woman who is eligible for payments under subdivision (c) of Section 11450.
(c)Every assistance unit shall, in addition to the requirements of subdivision (b), include the eligible parents of the eligible child and the eligible siblings, including half-siblings, of the eligible child when those persons reside in the same home as the eligible child. This subdivision shall not apply to any convicted offender who is permitted to reside at the home of the eligible child as part of a court-imposed sentence and who is considered an absent parent under subdivision (d).
(d)A parent shall not be included in the assistance unit if he or she is absent from the home due to divorce, separation, desertion, or any other reason, if his or her absence interrupts or terminates the parents 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 parents 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.
(e)An assistance unit may, at the option of the family comprising the assistance unit, also include the nonparent caretaker relative of the eligible child, the spouse of the parent of the eligible child, otherwise eligible nonsibling children in the care of the caretaker relative of the eligible child, and the alternatively sentenced offender parent exempted under subdivision (c).
(f)If two or more assistance units reside in the same home, they shall be combined into one assistance unit when any of the following circumstances occurs:
(1)There is a common caretaker relative for the eligible children.
(2)One caretaker relative marries another caretaker relative.
(3)Two caretaker relatives are the parents of an eligible child.
(g)For purposes of this section, caretaker relative means the parent or other relative, as defined by regulations adopted by the department, who exercises responsibility and control of a child.
SEC. 7.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)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 doctors verification that the disability is expected to last at least 30 days and that it significantly impairs the recipients 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 relatives 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 recipients 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 of the principal wage earner, the exemption criteria contained in subparagraph (A) shall be applied to only one parent.
(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.
(8)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 recipients 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 individuals 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 recipients 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.
(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.
(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.
(h)(1) A recipient who was not required to participate in welfare-to-work activities on December 31, 2012, because, in accordance with paragraph (7) of subdivision (b), 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.
(i)This section shall become inoperative on July 15, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 8.Section 11320.3 is added to the Welfare and Institutions Code, 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)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 doctors verification that the disability is expected to last at least 30 days and that it significantly impairs the recipients 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 relatives 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 recipients 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)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, the exemption criteria contained in subparagraph (A) shall be applied to only one parent.
(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.
(8)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 recipients 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 individuals 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 recipients 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.
(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.
(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.
(h)(1)A recipient who was not required to participate in welfare-to-work activities on December 31, 2012, because, in accordance with paragraph (7) of subdivision (b), 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.
(i)This section shall become operative on July 15, 2016.
SEC. 9.Section 11322.8 of the Welfare and Institutions Code is amended to read:11322.8.(a)For a recipient required to participate in accordance with paragraph (1) of subdivision (a) of Section 11322.85, unless the recipient is otherwise exempt, the following shall apply:
(1)(A) An adult recipient in a one-parent assistance unit that does not include a child under six years of age shall participate in welfare-to-work activities for an average of at least 30 hours per week during the month.
(B)An adult recipient in a one-parent assistance unit that includes a child under six years of age shall participate in welfare-to-work activities for an average of at least 20 hours per week during the month.
(2)An adult recipient who is an unemployed parent, as defined in Section 11201, shall participate for an average of at least 35 hours of welfare-to-work activities per week during the month. However, both parents in a two-parent assistance unit may contribute to the 35 hours.
(b)For a recipient required to participate in accordance with paragraph (3) of subdivision (a) of Section 11322.85, the following shall apply:
(1)Unless otherwise exempt, an adult recipient in a one-parent assistance unit shall participate in welfare-to-work activities for an average of at least 30 hours per week during the month, subject to the special rules and limitations described in Section 607(c)(1)(A) of Title 42 of the United States Code as of January 1, 2013.
(2)Unless otherwise exempt, an adult recipient in a one-parent assistance unit that includes a child under six years of age shall participate in welfare-to-work activities for an average of at least 20 hours per week during the month, as described in Section 607(c)(2)(B) of Title 42 of the United States Code as of January 1, 2013.
(3)Unless otherwise exempt, an adult recipient who is an unemployed parent, as defined in Section 11201, shall participate in welfare-to-work activities for an average of at least 35 hours per week during the month, subject to the special rules and limitations described in Section 607(c)(1)(B) of Title 42 of the United States Code as of January 1, 2013.
(c)This section shall become inoperative on July 15, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 10.Section 11322.8 is added to the Welfare and Institutions Code, to read:11322.8.(a)An adult recipient required to participate in accordance with paragraph (1) of subdivision (a) of Section 11322.85, unless otherwise exempt, shall participate in welfare-to-work activities for the following number of hours per week during the month:
(1)At least 30 hours per week, if the assistance unit includes either of the following but does not include a child under six years of age:
(A)One adult.
(B)Two adults, one of whom is disabled as defined in subparagraph (A) of paragraph (3) of subdivision (b) of Section 11320.3.
(2)At least 20 hours per week, if the assistance unit includes a child under six years of age and either of the following:
(A)One adult.
(B)Two adults, one of whom is disabled as defined in subparagraph (A) of paragraph (3) of subdivision (b) of Section 11320.3.
(3)At least 20 hours per week, if the assistance unit consists only of a pregnant woman.
(4)At least 35 hours per week if the assistance unit includes two adults, except as provided in paragraphs (1) and (2). However, both adults may contribute to the 35 hours.
(b)An adult recipient required to participate in accordance with paragraph (3) of subdivision (a) of Section 11322.85, unless otherwise exempt, shall participate in welfare-to-work activities for the following number of hours per week during the month:
(1)At least 30 hours per week, subject to the special rules and limitations described in Section 607(c)(1)(A) of Title 42 of the United States Code as of January 1, 2013, if the assistance unit consists of only a pregnant woman, or includes one of the following but does not include a child under six years of age:
(A)One adult.
(B)Two adults, one of whom is disabled as defined in subparagraph (A) of paragraph (3) of subdivision (b) of Section 11320.3.
(2)At least 20 hours per week, as described in Section 607(c)(2)(B) of Title 42 of the United States Code as of January 1, 2013, if the assistance unit includes only one adult and a child under six years of age.
(3)At least 35 hours per week if the assistance unit includes two adults, except as provided in paragraph (1) and subject to the special rules and limitations described in Section 607(c)(1)(B) of Title 42 of the United States Code as of January 1, 2013.
SEC. 11.Section 11401 of the Welfare and Institutions Code is amended to read:11401.Aid in the form of AFDC-FC shall be provided under this chapter on behalf of any child under 18 years of age, and, on and after January 1, 2012, to any nonminor dependent who meets the conditions of any of the following subdivisions:
(a)The child has been relinquished, for purposes of adoption, to a licensed adoption agency, or the department, or the parental rights of either or both of his or her parents have been terminated after an action under the Family Code has been brought by a licensed adoption agency or the department, provided that the licensed adoption agency or the department, if responsible for placement and care, provides to those children all services as required by the department to children in foster care.
(b)The child has been removed from the physical custody of his or her parent, relative, or guardian as a result of a voluntary placement agreement or a judicial determination that continuance in the home would be contrary to the childs welfare and that, if the child was placed in foster care, reasonable efforts were made, consistent with Chapter 5 (commencing with Section 16500) of Part 4, to prevent or eliminate the need for removal of the child from his or her home and to make it possible for the child to return to his or her home, and any of the following applies:
(1)The child has been adjudged a dependent child of the court on the grounds that he or she is a person described by Section 300.
(2)The child has been adjudged a ward of the court on the grounds that he or she is a person described by Sections 601 and 602, or, on or after January 1, 2012, the nonminor is under the transition jurisdiction of the juvenile court pursuant to Section 450.
(3)The child has been detained under a court order, pursuant to Section 319 or 636, that remains in effect.
(4)The childs or nonminors dependency jurisdiction, or transition jurisdiction pursuant to Section 450, has resumed pursuant to Section 387, or subdivision (a) or (e) of Section 388.
(c)The child has been voluntarily placed by his or her parent or guardian pursuant to Section 11401.1.
(d)The child is living in the home of a nonrelated legal guardian.
(e)On and after January 1, 2012, the child is a nonminor dependent who is placed pursuant to a mutual agreement as set forth in subdivision (u) of Section 11400, under the placement and care responsibility of the county child welfare services department, an Indian tribe that entered into an agreement pursuant to Section 10553.1, or the county probation department, or the child is a nonminor dependent reentering foster care placement pursuant to a voluntary agreement, as set forth in subdivision (z) of Section 11400.
(f)The child has been placed in foster care under the federal Indian Child Welfare Act. Sections 11402, 11404, and 11405 shall not be construed as limiting payments to Indian children, as defined in the federal Indian Child Welfare Act, placed in accordance with that act.
(g)To be eligible for federal financial participation, the conditions described in paragraph (1), (2), (3), or (4) shall be satisfied:
(1)(A)The child meets the conditions of subdivision (b).
(B)The child has been deprived of parental support or care for any of the reasons set forth in Section 11250.
(C)The child has been removed from the home of a relative as defined in Section 233.90(c)(1) of Title 45 of the Code of Federal Regulations, as amended.
(D)The requirements of Sections 671 and 672 of Title 42 of the United States Code, as amended, have been met.
(2)(A)The child meets the requirements of subdivision (h).
(B)The requirements of Sections 671 and 672 of Title 42 of the United States Code, as amended, have been met.
(C)This paragraph shall be implemented only if federal financial participation is available for the children described in this paragraph.
(3)(A)The child has been removed from the custody of his or her parent, relative, or guardian as a result of a voluntary placement agreement or a judicial determination that continuance in the home would be contrary to the childs welfare and that, if the child was placed in foster care, reasonable efforts were made, consistent with Chapter 5 (commencing with Section 16500) of Part 4, to prevent or eliminate the need for removal of the child from his or her home and to make it possible for the child to return to his or her home, or the child is a nonminor dependent who satisfies the removal criteria in Section 472(a)(2)(A)(i)) 472(a)(2)(A)(i) of the federal Social Security Act (42 U.S.C. Sec. 672 (a)(2)(A)(i)) and agrees to the placement and care responsibility of the placing agency by signing the voluntary reentry agreement, as set forth in subdivision (z) of Section 11400, and any of the following applies:
(i)The child has been adjudged a dependent child of the court on the grounds that he or she is a person described by Section 300.
(ii)The child has been adjudged a ward of the court on the grounds that he or she is a person described by Sections 601 and 602 or, on or after January 1, 2012, the nonminor is under the transition jurisdiction of the juvenile court, pursuant to Section 450.
(iii)The child has been detained under a court order, pursuant to Section 319 or 636, that remains in effect.
(iv)The childs or nonminors dependency jurisdiction, or transition jurisdiction pursuant to Section 450, has resumed pursuant to Section 387, or subdivision (a) or (e) of Section 388.
(B)The child has been placed in an eligible foster care placement, as set forth in Section 11402.
(C)The requirements of Sections 671 and 672 of Title 42 of the United States Code have been satisfied.
(D)This paragraph shall be implemented only if federal financial participation is available for the children described in this paragraph.
(4)With respect to a nonminor dependent, in addition to meeting the conditions specified in paragraph (1), the requirements of Section 675(8)(B) of Title 42 of the United States Code have been satisfied. With respect to a former nonminor dependent who reenters foster care placement by signing the voluntary reentry agreement, as set forth in subdivision (z) of Section 11400, the requirements for AFDC-FC eligibility of Section 672(a)(3)(A) of Title 42 of the United States Code are satisfied based on the nonminors status as a child-only case, without regard to the parents, legal guardians, or others in the assistance unit in the home from which the nonminor was originally removed.
(h)The child meets all of the following conditions:
(1)The child has been adjudged to be a dependent child or ward of the court on the grounds that he or she is a person described in Section 300, 601, or 602.
(2)The childs parent also has been adjudged to be a dependent child or nonminor dependent of the court on the grounds that he or she is a person described by Section 300, 450, 601, or 602 and is receiving benefits under this chapter.
(3)The child is placed in the same licensed or approved foster care facility in which his or her parent is placed and the childs parent is receiving reunification services with respect to that child.
(i)This section shall become inoperative on July 15, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 12.Section 11401 is added to the Welfare and Institutions Code, to read:11401.Aid in the form of AFDC-FC shall be provided under this chapter on behalf of any child under 18 years of age, and, on and after January 1, 2012, to any nonminor dependent who meets the conditions of any of the following subdivisions:
(a)The child has been relinquished, for purposes of adoption, to a licensed adoption agency, or the department, or the parental rights of either or both of his or her parents have been terminated after an action under the Family Code has been brought by a licensed adoption agency or the department, provided that the licensed adoption agency or the department, if responsible for placement and care, provides to those children all services as required by the department to children in foster care.
(b)The child has been removed from the physical custody of his or her parent, relative, or guardian as a result of a voluntary placement agreement or a judicial determination that continuance in the home would be contrary to the childs welfare and that, if the child was placed in foster care, reasonable efforts were made, consistent with Chapter 5 (commencing with Section 16500) of Part 4, to prevent or eliminate the need for removal of the child from his or her home and to make it possible for the child to return to his or her home, and any of the following applies:
(1)The child has been adjudged a dependent child of the court on the grounds that he or she is a person described by Section 300.
(2)The child has been adjudged a ward of the court on the grounds that he or she is a person described by Sections 601 and 602, or, on or after January 1, 2012, the nonminor is under the transition jurisdiction of the juvenile court pursuant to Section 450.
(3)The child has been detained under a court order, pursuant to Section 319 or 636, that remains in effect.
(4)The childs or nonminors dependency jurisdiction, or transition jurisdiction pursuant to Section 450, has resumed pursuant to Section 387, or subdivision (a) or (e) of Section 388.
(c)The child has been voluntarily placed by his or her parent or guardian pursuant to Section 11401.1.
(d)The child is living in the home of a nonrelated legal guardian.
(e)On and after January 1, 2012, the child is a nonminor dependent who is placed pursuant to a mutual agreement as set forth in subdivision (u) of Section 11400, under the placement and care responsibility of the county child welfare services department, an Indian tribe that entered into an agreement pursuant to Section 10553.1, or the county probation department, or the child is a nonminor dependent reentering foster care placement pursuant to a voluntary reentry agreement, as set forth in subdivision (z) of Section 11400.
(f)The child has been placed in foster care under the federal Indian Child Welfare Act. Sections 11402, 11404, and 11405 shall not be construed as limiting payments to Indian children, as defined in the federal Indian Child Welfare Act, placed in accordance with that act.
(g)To be eligible for federal financial participation, the conditions described in paragraph (1), (2), (3), or (4) shall be satisfied:
(1)(A)The child meets the conditions of subdivision (b).
(B)The child has been deprived of parental support or care for any of the reasons set forth in Section 233.90 (c)(1) of Title 42 of the Code of Federal Regulations.
(C)The child has been removed from the home of a relative as defined in Section 233.90(c)(1) of Title 45 of the Code of Federal Regulations, as amended.
(D)The requirements of Sections 671 and 672 of Title 42 of the United States Code, as amended, have been met.
(2)(A)The child meets the requirements of subdivision (h).
(B)The requirements of Sections 671 and 672 of Title 42 of the United States Code, as amended, have been met.
(C)This paragraph shall be implemented only if federal financial participation is available for the children described in this paragraph.
(3)(A)The child has been removed from the custody of his or her parent, relative, or guardian as a result of a voluntary placement agreement or a judicial determination that continuance in the home would be contrary to the childs welfare and that, if the child was placed in foster care, reasonable efforts were made, consistent with Chapter 5 (commencing with Section 16500) of Part 4, to prevent or eliminate the need for removal of the child from his or her home and to make it possible for the child to return to his or her home, or the child is a nonminor dependent who satisfies the removal criteria in Section 472(a)(2)(A)(i) of the federal Social Security Act (42 U.S.C. Sec. 672 (a)(2)(A)(i)) and agrees to the placement and care responsibility of the placing agency by signing the voluntary reentry agreement, as set forth in subdivision (z) of Section 11400, and any of the following applies:
(i)The child has been adjudged a dependent child of the court on the grounds that he or she is a person described by Section 300.
(ii)The child has been adjudged a ward of the court on the grounds that he or she is a person described by Sections 601 and 602 or, on or after January 1, 2012, the nonminor is under the transition jurisdiction of the juvenile court, pursuant to Section 450.
(iii)The child has been detained under a court order, pursuant to Section 319 or 636, that remains in effect.
(iv)The childs or nonminors dependency jurisdiction, or transition jurisdiction pursuant to Section 450, has resumed pursuant to Section 387, or subdivision (a) or (e) of Section 388.
(B)The child has been placed in an eligible foster care placement, as set forth in Section 11402.
(C)The requirements of Sections 671 and 672 of Title 42 of the United States Code have been satisfied.
(D)This paragraph shall be implemented only if federal financial participation is available for the children described in this paragraph.
(4)With respect to a nonminor dependent, in addition to meeting the conditions specified in paragraph (1), the requirements of Section 675(8)(B) of Title 42 of the United States Code have been satisfied. With respect to a former nonminor dependent who reenters foster care placement by signing the voluntary reentry agreement, as set forth in subdivision (z) of Section 11400, the requirements for AFDC-FC eligibility of Section 672(a)(3)(A) of Title 42 of the United States Code are satisfied based on the nonminors status as a child-only case, without regard to the parents, legal guardians, or others in the assistance unit in the home from which the nonminor was originally removed.
(h)The child meets all of the following conditions:
(1)The child has been adjudged to be a dependent child or ward of the court on the grounds that he or she is a person described in Section 300, 601, or 602.
(2)The childs parent also has been adjudged to be a dependent child or nonminor dependent of the court on the grounds that he or she is a person described by Section 300, 450, 601, or 602 and is receiving benefits under this chapter.
(3)The child is placed in the same licensed or approved foster care facility in which his or her parent is placed and the childs parent is receiving reunification services with respect to that child.
(i)This section shall become operative on July 15, 2016.
SEC. 13.Section 11450.16 of the Welfare and Institutions Code is amended to read:11450.16.(a)For purposes of determining eligibility under this chapter, and for computing the amount of aid payment under Section 11450, families shall be grouped into assistance units.
(b)Every assistance unit shall include at least one of the following persons:
(1)One of each of the following:
(A)An eligible child.
(B)The caretaker relative of an otherwise eligible child who is not receiving aid under Section 11250 because that child is receiving benefits under Title XVI of the Social Security Act (Subchapter 16 (commencing with Section 1381) of Chapter 7 of Title 42 of the United States Code), or Kin-GAP payments under Section 11364 or 11387, or foster care payments under Section 11461.
(2)A pregnant woman who is eligible for payments under subdivision (c) of Section 11450.
(c)Every assistance unit shall, in addition to the requirements of subdivision (b), include the eligible parents of the eligible child and the eligible siblings, including half-siblings, of the eligible child when those persons reside in the same home as the eligible child. This subdivision shall not apply to any convicted offender who is permitted to reside at the home of the eligible child as part of a court-imposed sentence and who is considered an absent parent under Section 11250.
(d)An assistance unit may, at the option of the family comprising the assistance unit, also include the nonparent caretaker relative of the eligible child, the spouse of the parent of the eligible child, otherwise eligible nonsibling children in the care of the caretaker relative of the eligible child, and the alternatively sentenced offender parent exempted under subdivision (c).
(e)If two or more assistance units reside in the same home, they shall be combined into one assistance unit when any of the following circumstances occurs:
(1)There is a common caretaker relative for the eligible children.
(2)One caretaker relative marries another caretaker relative.
(3)Two caretaker relatives are the parents of an eligible child.
(f)For purposes of this section, caretaker relative means the parent or other relative, as defined by regulations adopted by the department, who exercises responsibility and control of a child.
(g)This section shall become inoperative on July 15, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 14.Section 11450.16 is added to the Welfare and Institutions Code, to read:11450.16.(a)For purposes of determining eligibility under this chapter, and for computing the amount of aid payment under Section 11450, families shall be grouped into assistance units.
(b)Every assistance unit shall include at least one of the following persons:
(1)One of each of the following:
(A)An eligible child.
(B)The caretaker relative of an otherwise eligible child who is not receiving aid under Section 11250 because that child is receiving benefits under Title XVI of the Social Security Act (Subchapter 16 (commencing with Section 1381) of Chapter 7 of Title 42 of the United States Code), or Kin-GAP payments under Section 11364 or 11387, or foster care payments under Section 11461.
(2)A pregnant woman who is eligible for payments under subdivision (c) of Section 11450.
(c)Every assistance unit shall, in addition to the requirements of subdivision (b), include the eligible parents of the eligible child and the eligible siblings, including half-siblings, of the eligible child when those persons reside in the same home as the eligible child. This subdivision shall not apply to any convicted offender who is permitted to reside at the home of the eligible child as part of a court-imposed sentence and who is considered an absent parent under subdivision (d).
(d)A parent shall not be included in the assistance unit if he or she is absent from the home due to divorce, separation, desertion, or any other reason, if his or her absence interrupts or terminates the parents 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 parents 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.
(e)An assistance unit may, at the option of the family comprising the assistance unit, also include the nonparent caretaker relative of the eligible child, the spouse of the parent of the eligible child, otherwise eligible nonsibling children in the care of the caretaker relative of the eligible child, and the alternatively sentenced offender parent exempted under subdivision (c).
(f)If two or more assistance units reside in the same home, they shall be combined into one assistance unit when any of the following circumstances occurs:
(1)There is a common caretaker relative for the eligible children.
(2)One caretaker relative marries another caretaker relative.
(3)Two caretaker relatives are the parents of an eligible child.
(g)For purposes of this section, caretaker relative means the parent or other relative, as defined by regulations adopted by the department, who exercises responsibility and control of a child.
(h)This section shall become operative on July 15, 2016.
SEC. 8.SEC. 15.(a)Notwithstanding 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 State Department of Social Services shall implement this act through an all-county letter or similar instructions from the director no later than March 1, 2016. director.
(b)The department shall adopt regulations as necessary to implement this act no later than July 1, 2018.
SEC. 9.SEC. 16.No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of implementing this act.
SEC. 10.SEC. 17.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.
This act shall be known, and may be cited, as the CalWORKs Family Unity Act of 2015.
SEC. 2.Section 11201 of the Welfare and Institutions Code is repealed.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.
SEC. 3.Section 11201 is added to the Welfare and Institutions Code, to read:11201.For purposes of this chapter, parent means a natural or adoptive parent with whom an eligible child is living.
SEC. 4.Section 11250 of the Welfare and Institutions Code is repealed.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 because they have been deprived of parental support or care due to:
(a)The death, physical or mental incapacity, or incarceration of a parent.
(b)The unemployment of a parent or parents.
(c)Continued absence of a 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. Continued absence exists when the nature of the absence is such as either to interrupt or to terminate the parents 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 parents 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.
SEC. 5.Section 11250 is added to the Welfare and Institutions Code, to read:11250.Aid, services, or both shall be granted under this chapter, and subject to the regulations of the department, to families with related children under 18 years of age, except as provided in Section 11253, in need thereof, if the family meets the eligibility requirements specified in this chapter.
SEC. 6.Section 11401 of the Welfare and Institutions Code is amended to read:11401.Aid in the form of AFDC-FC shall be provided under this chapter on behalf of any child under 18 years of age, and, on and after January 1, 2012, to any nonminor dependent who meets the conditions of any of the following subdivisions:
(a)The child has been relinquished, for purposes of adoption, to a licensed adoption agency, or the department, or the parental rights of either or both of his or her parents have been terminated after an action under the Family Code has been brought by a licensed adoption agency or the department, provided that the licensed adoption agency or the department, if responsible for placement and care, provides to those children all services as required by the department to children in foster care.
(b)The child has been removed from the physical custody of his or her parent, relative, or guardian as a result of a voluntary placement agreement or a judicial determination that continuance in the home would be contrary to the childs welfare and that, if the child was placed in foster care, reasonable efforts were made, consistent with Chapter 5 (commencing with Section 16500) of Part 4, to prevent or eliminate the need for removal of the child from his or her home and to make it possible for the child to return to his or her home, and any of the following applies:
(1)The child has been adjudged a dependent child of the court on the grounds that he or she is a person described by Section 300.
(2)The child has been adjudged a ward of the court on the grounds that he or she is a person described by Sections 601 and 602, or, on or after January 1, 2012, the nonminor is under the transition jurisdiction of the juvenile court pursuant to Section 450.
(3)The child has been detained under a court order, pursuant to Section 319 or 636, that remains in effect.
(4)The childs or nonminors dependency jurisdiction, or transition jurisdiction pursuant to Section 450, has resumed pursuant to Section 387, or subdivision (a) or (e) of Section 388.
(c)The child has been voluntarily placed by his or her parent or guardian pursuant to Section 11401.1.
(d)The child is living in the home of a nonrelated legal guardian.
(e)On and after January 1, 2012, the child is a nonminor dependent who is placed pursuant to a mutual agreement as set forth in subdivision (u) of Section 11400, under the placement and care responsibility of the county child welfare services department, an Indian tribe that entered into an agreement pursuant to Section 10553.1, or the county probation department, or the child is a nonminor dependent reentering foster care placement pursuant to a voluntary agreement, as set forth in subdivision (z) of Section 11400.
(f)The child has been placed in foster care under the federal Indian Child Welfare Act. Sections 11402, 11404, and 11405 shall not be construed as limiting payments to Indian children, as defined in the federal Indian Child Welfare Act, placed in accordance with that act.
(g)To be eligible for federal financial participation, the conditions described in paragraph (1), (2), (3), or (4) shall be satisfied:
(1)(A)The child meets the conditions of subdivision (b).
(B)The child has been deprived of parental support or care for any of the reasons set forth in Section 11250. care for any of the reasons set forth in Section 233.90 (c)(1) of title 42 of the code of Federal Regulations..
(C)The child has been removed from the home of a relative as defined in Section 233.90(c)(1) of Title 45 of the Code of Federal Regulations, as amended.
(D)The requirements of Sections 671 and 672 of Title 42 of the United States Code, as amended, have been met.
(2)(A)The child meets the requirements of subdivision (h).
(B)The requirements of Sections 671 and 672 of Title 42 of the United States Code, as amended, have been met.
(C)This paragraph shall be implemented only if federal financial participation is available for the children described in this paragraph.
(3)(A)The child has been removed from the custody of his or her parent, relative, or guardian as a result of a voluntary placement agreement or a judicial determination that continuance in the home would be contrary to the childs welfare and that, if the child was placed in foster care, reasonable efforts were made, consistent with Chapter 5 (commencing with Section 16500) of Part 4, to prevent or eliminate the need for removal of the child from his or her home and to make it possible for the child to return to his or her home, or the child is a nonminor dependent who satisfies the removal criteria in Section 472(a)(2)(A)(i)) 472(a)(2)(A)(i) of the federal Social Security Act (42 U.S.C. Sec. 672 (a)(2)(A)(i)) and agrees to the placement and care responsibility of the placing agency by signing the voluntary reentry agreement, as set forth in subdivision (z) of Section 11400, and any of the following applies:
(i)The child has been adjudged a dependent child of the court on the grounds that he or she is a person described by Section 300.
(ii)The child has been adjudged a ward of the court on the grounds that he or she is a person described by Sections 601 and 602 or, on or after January 1, 2012, the nonminor is under the transition jurisdiction of the juvenile court, pursuant to Section 450.
(iii)The child has been detained under a court order, pursuant to Section 319 or 636, that remains in effect.
(iv)The childs or nonminors dependency jurisdiction, or transition jurisdiction pursuant to Section 450, has resumed pursuant to Section 387, or subdivision (a) or (e) of Section 388.
(B)The child has been placed in an eligible foster care placement, as set forth in Section 11402.
(C)The requirements of Sections 671 and 672 of Title 42 of the United States Code have been satisfied.
(D)This paragraph shall be implemented only if federal financial participation is available for the children described in this paragraph.
(4)With respect to a nonminor dependent, in addition to meeting the conditions specified in paragraph (1), the requirements of Section 675(8)(B) of Title 42 of the United States Code have been satisfied. With respect to a former nonminor dependent who reenters foster care placement by signing the voluntary reentry agreement, as set forth in subdivision (z) of Section 11400, the requirements for AFDC-FC eligibility of Section 672(a)(3)(A) of Title 42 of the United States Code are satisfied based on the nonminors status as a child-only case, without regard to the parents, legal guardians, or others in the assistance unit in the home from which the nonminor was originally removed.
(h)The child meets all of the following conditions:
(1)The child has been adjudged to be a dependent child or ward of the court on the grounds that he or she is a person described in Section 300, 601, or 602.
(2)The childs parent also has been adjudged to be a dependent child or nonminor dependent of the court on the grounds that he or she is a person described by Section 300, 450, 601, or 602 and is receiving benefits under this chapter.
(3)The child is placed in the same licensed or approved foster care facility in which his or her parent is placed and the childs parent is receiving reunification services with respect to that child.
SEC. 7.Section 11450.16 of the Welfare and Institutions Code is amended to read:11450.16.(a)For purposes of determining eligibility under this chapter, and for computing the amount of aid payment under Section 11450, families shall be grouped into assistance units.
(b)Every assistance unit shall include at least one of the following persons:
(1)One of each of the following:
(A)An eligible child.
(B)The caretaker relative of an otherwise eligible child who is not receiving aid under Section 11250 because that child is receiving benefits under Title XVI of the Social Security Act (Subchapter 16 (commencing with Section 1381) of Chapter 7 of Title 42 of the United States Code), or Kin-GAP payments under Section 11364 or 11387, or foster care payments under Section 11461.
(2)A pregnant woman who is eligible for payments under subdivision (c) of Section 11450.
(c)Every assistance unit shall, in addition to the requirements of subdivision (b), include the eligible parents of the eligible child and the eligible siblings, including half-siblings, of the eligible child when those persons reside in the same home as the eligible child. This subdivision shall not apply to any convicted offender who is permitted to reside at the home of the eligible child as part of a court-imposed sentence and who is considered an absent parent under Section 11250 subdivision (d).
(d)A parent shall not be included in the assistance unit if he or she is absent from the home due to divorce, separation, desertion, or any other reason, if his or her absence interrupts or terminates the parents 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 parents 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.
(d)
(e)An assistance unit may, at the option of the family comprising the assistance unit, also include the nonparent caretaker relative of the eligible child, the spouse of the parent of the eligible child, otherwise eligible nonsibling children in the care of the caretaker relative of the eligible child, and the alternatively sentenced offender parent exempted under subdivision (c).
(e)
(f)If two or more assistance units reside in the same home, they shall be combined into one assistance unit when any of the following circumstances occurs:
(1)There is a common caretaker relative for the eligible children.
(2)One caretaker relative marries another caretaker relative.
(3)Two caretaker relatives are the parents of an eligible child.
(f)
(g)For purposes of this section, caretaker relative means the parent or other relative, as defined by regulations adopted by the department, who exercises responsibility and control of a child.
SEC. 8.(a)Notwithstanding 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 State Department of Social Services shall implement this act through an all-county letter or similar instructions from the director no later than March 1, 2016.
(b)The department shall adopt regulations as necessary to implement this act no later than July 1, 2018.
SEC. 9.No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of implementing this act.
SEC. 10.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.
|
Date
|
Status
|
|---|---|
| Jun 29, 2015 | Read second time and amended. Re-referred to Com. on APPR. |
| Jan 15, 2016 | Consideration of Governor's veto stricken from file. |
| Oct 11, 2015 | Vetoed by Governor. |
| Sep 18, 2015 | Enrolled and presented to the Governor at 4 p.m. |
| Sep 10, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 80. Noes 0.). |
| Sep 10, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 80. Noes 0. Page 3087.). |
| Sep 10, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Sep 9, 2015 | Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 2617.). |
| Sep 9, 2015 | Read third time. Passed. Ordered to the Assembly. |
| Sep 9, 2015 | In Assembly. Concurrence in Senate amendments pending. |
| Sep 1, 2015 | Read second time and amended. Ordered to third reading. |
| Aug 31, 2015 | From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (August 27). |
| Jul 13, 2015 | In committee: Referred to suspense file. |
| Feb 17, 2015 | Read first time. To print. |
| Jun 25, 2015 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 5. Noes 0.) (June 23). |
| Jun 11, 2015 | Referred to Com. on HUMAN S. |
| Jun 2, 2015 | Read third time. Passed. Ordered to the Senate. (Ayes 79. Noes 0. Page 1768.) |
| Jun 2, 2015 | Read third time. Passed. Ordered to the Senate. |
| Jun 2, 2015 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 28, 2015 | Read second time. Ordered to third reading. |
| May 28, 2015 | From committee: Do pass. (Ayes 17. Noes 0.) (May 28). |
| Apr 15, 2015 | In committee: Set, first hearing. Referred to suspense file. |
| Mar 25, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (March 24). Re-referred to Com. on APPR. |
| Mar 2, 2015 | Referred to Com. on HUM. S. |
| Feb 18, 2015 | From printer. May be heard in committee March 20. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 10, 2015 | AB 371 MULLIN Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Sep 9, 2015 | Assembly 3rd Reading AB371 Mullin By Liu | Senate Floor |
Passed |
|
| Aug 27, 2015 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| Jul 13, 2015 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jun 23, 2015 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Human Services |
Passed |
|
| Jun 2, 2015 | AB 371 MULLIN Assembly Third Reading | Assembly Floor |
Passed |
|
| May 28, 2015 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Mar 24, 2015 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Human Services |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| California Alternative Payment Program Association | * Support | Mar 24, 2015 |
| California Catholic Conference of Bishops | ** Support | Jul 13, 2015 |
| California Partnership | ** Support | Mar 24, 2015 |
| California State PTA | ** Support | Jul 13, 2015 |
| Childcare Links | * Support | Mar 24, 2015 |
| Children's Council of San Francisco | * Support | Mar 24, 2015 |
| Coalition of California Welfare Rights Organizations | ** Support | Sep 9, 2015 |
| County Welfare Directors Association of CA | * Support | Mar 24, 2015 |
| County Welfare Directors Association Of California (Cwda) | * Support | Mar 24, 2015 |
| Crystal Stairs La | * Support | Mar 24, 2015 |
| LIUNA Locals 777 & 792 | ** Support | Jul 13, 2015 |
| National Association of Social Workers | ** Support | Jul 13, 2015 |
| San Mateo County Board of Supervisors | ** Support | Jul 13, 2015 |
| St. Anthony Foundation | ** Support | Jul 13, 2015 |
| Western Center On Law And Poverty Inc. | ** Support | Sep 9, 2015 |
GOVERNOR'S VETO
AB 371
(Mullin)
As Enrolled September 15, 2015
2/3 vote
ASSEMBLY: |
79-0 |
(June 2, 2015) |
SENATE: |
40-0 |
(September 9, 2015) |
ASSEMBLY: |
80-0 |
(September 10, 2015) |
|
|
|
Original Committee Reference: HUM. S.
SUMMARY: Streamlines California Work Opportunity and Responsibility to Kids (CalWORKs) eligibility standards for two-parent families. Specifically, this bill:
Eliminates the deprivation standard used to determine CalWORKs eligibility for needy two-parent families by deleting the following eligibility requirements for CalWORKs benefits:
That either parent be unemployed;
That a child be considered deprived of parental support due to the unemployment of his or her parent or parents; and
That a parent work less than 100 hours per month.
Removes consideration of the state deprivation standard for determining a minor dependent or nonminor dependent's eligibility for Aid to Families with Dependent Children-Foster Care funds, and instead ties eligibility to standards in federal regulations, as specified.
Defines parent as a natural or adoptive parent with whom an eligible child is living.
Eliminates the eligibility requirement that a child must be deprived of parental support or care due to the death, physical or mental incapacity or incarceration of a parent, the unemployment of one or both parents or the continued absence of a parent from the home due to divorce, separation, desertion, or any other reason, as specified.
Requires that CalWORKs aid, services, or both be granted, subject to the regulations of the Department of Social Services, to families with related children under 18 years of age, with exemptions already stated in statute, if the family meets the eligibility requirements specified in this chapter, which include income and work requirements.
Requires a parent to be excluded from the assistance unit if he or she is absent from the home due to divorce, separation, desertion, or any other reason, if his or her absence interrupts or terminates 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. Provides that, if these conditions exist, the parent may be absent for any reason, and may have left only recently or some time previously.
Establishes a July 1, 2016, implementation date for the provisions of this bill.
The Senate amendments:
Clarify that the work requirement is 20 hours per week for a pregnant woman receiving CalWORKs benefits during the 24-month welfare-to-work time clock.
Establish a July 1, 2016, effective date for the provisions of this bill.
Make other non-substantive, technical changes.
FISCAL EFFECT:
According to the Senate Appropriations Committee, this bill may have the following fiscal impact:
Ongoing major increase in CalWORKs grant, services, and administrative costs of $15.7 million to $18.5 million (General Fund) per year to the extent removing the child deprivation rule results in additional eligible cases and fewer cases discontinued from the CalWORKs program.
One-time costs potentially in excess of $150,000 (General Fund) for automation changes required to effectuate the eligibility changes imposed under this measure.
Unknown net increase/decrease in CalWORKs program costs (General Fund) resulting from the changes to hourly work requirements for assistance units with two adults, which could result in increased employment services costs, offset to some degree by grant cost savings resulting from increased earnings or higher rates of sanction.
COMMENTS:
CalWORKs: The CalWORKs program, which is funded, in part, through the federal Temporary Assistance for Needy Families (TANF) block grant, provides monthly income assistance and employment-related services aimed at moving children out of poverty and helping families meet basic needs. According to recent data from the California Department of Social Services, over 540,000 families rely on CalWORKs, including over one million children. Nearly 80% of the children are under age 12 and almost 40% are under age five.
The average 2015- 16 monthly cash grant for a family of three on CalWORKs (one parent and two children) is $506.55, and the maximum monthly grant amount for a family of three, if the family has no other income and lives in a high-cost county, is $704. This grant amount puts the annual household income at $8,448 per year, or 42% of poverty. (Federal Poverty Guidelines for 2015 show that 100% of poverty for a family of three is $20,090 per year.)
Welfare-to-Work requirements: Welfare-to-work activities within the CalWORKs program include public or private sector subsidized or unsubsidized employment; on-the-job training; community service; secondary school, adult basic education and vocational education and training when the education is needed for the recipient to become employed; specific mental health, substance abuse, or domestic violence services if they are necessary to obtain or retain employment; and a number of other activities necessary to assist a recipient in obtaining unsubsidized employment.
Unless they are exempt, single parent adults must participate for at least 30 hours per week in welfare-to-work activities, whereas the minimum participation requirement for two-parent families is 35 hours per week. After receiving aid for up to a maximum of 24 months, adults without an exemption must work in unsubsidized employment or participate in community services activities for the minimum number of hours listed above. If a CalWORKs recipient who is not exempt from participation does not meet his or her welfare-to-work requirements, the recipient is sanctioned for noncompliance, and that recipient’s portion of the family's grant subtracted from the amount provided to the family to meet basic needs.
Need for this bill: The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), which was the final piece of federal welfare reform legislation, repealed the Aid to Families with Dependent Children (AFDC) program and created the block-granted TANF program. The new approach emphasized integrating parents into the workforce, and one of the resulting four core purposes of the federal TANF program is to encourage the formation and maintenance of two-parent families. However, current state law prevents a poor two-parent family from receiving aid if the primary wage earner has worked more than 100 hours in a month. This policy mirrors AFDC provisions included in the Code of Federal Regulations, which haven't been updated since before PRWORA was implemented, making California one of only eight states that still implements this standard.
While the 100-hour policy is based on the assumption that an average of 25 hours of work per week can generate enough income for a parent to provide for his or her family and set the family’s income above the eligibility threshold for CalWORKs, this is often not the case. In direct conflict with the TANF goal of two-parent family maintenance, this policy encourages parents to split, as the same family would be eligible for aid if the primary wage earner left the home. This bill repeals the 100-hour standard while maintaining all resource and income eligibility requirements, all of which reveal a CalWORKs applicant family's need for assistance.
According to the author, "The CalWORKs Family Unity Act of 2015 is a modest effort to strengthen the safety net for low-income working families of California, who today endure the highest poverty rate in the Nation. By improving economic opportunities for low-income two-parent homes, we will also strengthen family unit."
This bill would remove "deprivation" as one of the eligibility requirements for families applying to the California Work Opportunity and Responsibility to Kids (CalWORKs) program.
The elimination of this policy and its annual cost should be considered in the budget process.
Analysis Prepared by: Myesha Jackson / HUM. S. / (916) 319-2089 FN: 0002528
AB 371
Page 3
CONCURRENCE IN SENATE AMENDMENTS
AB 371
(Mullin)
As Amended September 1, 2015
Majority vote
ASSEMBLY: |
79-0 |
(June 2, 2015) |
SENATE: |
40-0 |
(September 9, 2015) |
Original Committee Reference: HUM. S.
SUMMARY: Streamlines California Work Opportunity and Responsibility to Kids (CalWORKs) eligibility standards for two-parent families. Specifically, this bill:
Eliminates the deprivation standard used to determine CalWORKs eligibility for needy two-parent families by deleting the following eligibility requirements for CalWORKs benefits:
That either parent be unemployed;
That a child be considered deprived of parental support due to the unemployment of his or her parent or parents; and
That a parent work less than 100 hours per month.
Removes consideration of the state deprivation standard for determining a minor dependent or nonminor dependent’s eligibility for Aid to Families with Dependent Children-Foster Care funds, and instead ties eligibility to standards in federal regulations, as specified.
Defines parent as a natural or adoptive parent with whom an eligible child is living.
Eliminates the eligibility requirement that a child must be deprived of parental support or care due to the death, physical or mental incapacity or incarceration of a parent, the unemployment of one or both parents or the continued absence of a parent from the home due to divorce, separation, desertion, or any other reason, as specified.
Requires that CalWORKs aid, services, or both be granted, subject to the regulations of the Department of Social Services, to families with related children under 18 years of age, with exemptions already stated in statute, if the family meets the eligibility requirements specified in this chapter, which include income and work requirements.
Requires a parent to be excluded from the assistance unit if he or she is absent from the home due to divorce, separation, desertion, or any other reason, if his or her absence interrupts or terminates 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. Provides that, if these conditions exist, the parent may be absent for any reason, and may have left only recently or some time previously.
Establishes a July 1, 2016, implementation date for the provisions of this bill.
The Senate amendments:
Clarify that the work requirement is 20 hours per week for a pregnant woman receiving CalWORKs benefits during the 24-month welfare-to-work time clock.
Establish a July 1, 2016, effective date for the provisions of this bill.
Make other non-substantive, technical changes.
FISCAL EFFECT:
According to the Senate Appropriations Committee, this bill may have the following fiscal impact:
Ongoing major increase in CalWORKs grant, services, and administrative costs of $15.7 million to $18.5 million (General Fund) per year to the extent removing the child deprivation rule results in additional eligible cases and fewer cases discontinued from the CalWORKs program.
One-time costs potentially in excess of $150,000 (General Fund) for automation changes required to effectuate the eligibility changes imposed under this measure.
Unknown net increase/decrease in CalWORKs program costs (General Fund) resulting from the changes to hourly work requirements for assistance units with two adults, which could result in increased employment services costs, offset to some degree by grant cost savings resulting from increased earnings or higher rates of sanction.
COMMENTS:
CalWORKs: The CalWORKs program, which is funded, in part, through the federal Temporary Assistance for Needy Families (TANF) block grant, provides monthly income assistance and employment-related services aimed at moving children out of poverty and helping families meet basic needs. According to recent data from the California Department of Social Services, over 540,000 families rely on CalWORKs, including over one million children. Nearly 80% of the children are under age twelve and almost 40% are under age five.
The average 2015 to 2016 monthly cash grant for a family of three on CalWORKs (one parent and two children) is $506.55, and the maximum monthly grant amount for a family of three, if the family has no other income and lives in a high-cost county, is $704. This grant amount puts the annual household income at $8,448 per year, or 42% of poverty. (Federal Poverty Guidelines for 2015 show that 100% of poverty for a family of three is $20,090 per year.)
Welfare-to-Work requirements: Welfare-to-work activities within the CalWORKs program include public or private sector subsidized or unsubsidized employment; on-the-job training; community service; secondary school, adult basic education and vocational education and training when the education is needed for the recipient to become employed; specific mental health, substance abuse, or domestic violence services if they are necessary to obtain or retain employment; and a number of other activities necessary to assist a recipient in obtaining unsubsidized employment.
Unless they are exempt, single parent adults must participate for at least 30 hours per week in welfare-to-work activities, whereas the minimum participation requirement for two-parent families is 35 hours per week. After receiving aid for up to a maximum of 24 months, adults without an exemption must work in unsubsidized employment or participate in community services activities for the minimum number of hours listed above. If a CalWORKs recipient who is not exempt from participation does not meet his or her welfare-to-work requirements, the recipient is sanctioned for noncompliance, and that recipient’s portion of the family's grant subtracted from the amount provided to the family to meet basic needs.
Need for this bill: The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), which was the final piece of federal welfare reform legislation, repealed the Aid to Families with Dependent Children (AFDC) program and created the block-granted TANF program. The new approach emphasized integrating parents into the workforce, and one of the resulting four core purposes of the federal TANF program is to encourage the formation and maintenance of two-parent families. However, current state law prevents a poor two-parent family from receiving aid if the primary wage earner has worked more than 100 hours in a month. This policy mirrors AFDC provisions included in the Code of Federal Regulations, which haven’t been updated since before PRWORA was implemented, making California one of only eight states that still implements this standard.
While the 100-hour policy is based on the assumption that an average of 25 hours of work per week can generate enough income for a parent to provide for his or her family and set the family’s income above the eligibility threshold for CalWORKs, this is often not the case. In direct conflict with the TANF goal of two-parent family maintenance, this policy encourages parents to split, as the same family would be eligible for aid if the primary wage earner left the home. This bill repeals the 100-hour standard while maintaining all resource and income eligibility requirements, all of which reveal a CalWORKs applicant family’s need for assistance.
According to the author, "The CalWORKs Family Unity Act of 2015 is a modest effort to strengthen the safety net for low-income working families of California, who today endure the highest poverty rate in the Nation. By improving economic opportunities for low-income two-parent homes, we will also strengthen family unit."
Analysis Prepared by: Myesha Jackson / HUM. S. / (916) 319-2089 FN: 0002026
AB 371
Page 6
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Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: AB 371
Amended: 9/1/15 in Senate
SENATE HUMAN SERVICES COMMITTEE: 5-0, 6/23/15
AYES: McGuire, Berryhill, Hancock, Liu, Nguyen
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/27/15
AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen
ASSEMBLY FLOOR: 79-0, 6/2/15 - See last page for vote
SUBJECT: CalWORKs Family Unity Act of 2015
SOURCE: Coalition of California Welfare Rights Organizations
DIGEST: This bill deletes the statutory requirement that a child’s eligibility for the California Work Opportunity and Responsibility to Kids (CalWORKs) program benefits in a two-parent household be based upon the child’s “deprivation,” defined as a parent’s unemployment or a parent working fewer than 100 hours per month. This bill also prohibits an absent parent from being included in the family’s assistance unit for purposes of determining eligibility or computing the amount of aid to be paid.
Existing law:
Establishes the Temporary Assistance for Needy Families (TANF) program to provide aid and welfare-to-work services to eligible families and, in California, provides that TANF funds for welfare-to-work services are administered through the CalWORKs program. (42 U.S.C. 601 et seq., WIC 11200 et seq.)
Establishes income, asset and real property limits used to determine eligibility for the program, including net income below the Maximum Aid Payment, based on family size and county of residence, which is approximately 40 percent of the federal poverty level (FPL). (WIC 11450, 11150 et seq.)
Establishes a 48-month lifetime limit of CalWORKs benefits for eligible adults, including 24 months during which a recipient must meet federal work requirements in order to retain eligibility. (WIC 11454, 11322.85)
Establishes that a child is deprived of parental support for the purposes of receiving CalWORKs benefits due to the unemployment of his or her parent(s) when the parent has worked less than 100 hours in the preceding four weeks, and meets specified federal definitions of an unemployed parent. (WIC 11201)
Establishes that a family receiving CalWORKs benefits with a child who is considered to be deprived of parental support 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. (WIC 11201 (c))
Establishes that a family is eligible for CalWORKs benefits and services if their related children under age 18, have been deprived of parental support or care due to the death, physical or mental incapacity or incarceration of a parent, the unemployment of one or both parents or the continued absence of a 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, as defined. (WIC 11250)
Defines “continued absence” to exist 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. (WIC 11250 (c))
Requires that in a family eligible for CalWORKs aid due to the unemployment of the principal wage earner, the exemption criteria for an adult caring for a young child may be applied only to one parent. (WIC 11320.3 (b)(6)(B))
Requires the payment of CalWORKs assistance to nonparent caregivers who are caring for a foster child, ward of the court, or child at risk of foster care placement, as defined. (WIC 11401)
Specifies weekly number of hours required of welfare-to-work participation for adults to remain eligible for CalWORKs benefits in households of different sizes, including for those households with “unemployed parents.” (WIC 11322.8)
This bill:
Deletes the consideration of child deprivation as a factor in determining eligibility, and enables eligibility without regard to the employment status of a parent (current law requires the principal earner to be unemployed or working less than 100 hours per month) if the family meets all other eligibility requirements.
Provides that the absence of a parent, as defined, is not a condition of eligibility to receive CalWORKs benefits, and expands the definition of “absent parent” to include parents absent solely by reason of the performance of active duty in the armed forces.
Reduces work requirements for pregnant women from 30 hours to 20 hours per week during the welfare-to-work 24-month clock, and aligns work requirements for two-parent assistance units for all families including two adults, as specified.
Background
CalWORKs. California has the highest poverty rate in the nation – just under one-quarter of residents are living at or below the FPL according to the national Supplemental Poverty Measure. These families earn no more than $20,090 per year for a family of three. One of California’s most essential anti-poverty strategies is the CalWORKs program, which provides cash assistance to approximately 540,000 families, including more than one million children. Nearly 80 percent of the children are under age 12 and almost 40 percent are under age five. Federal funding for CalWORKs comes from the TANF block grant.
A grant to a family of three in a high-cost California county is $704 per month, or $8,448 per year, which is approximately 42 percent of the FPL. This grant translates to $23.46 per day, per family to meet basic needs, including rent, clothing, utility bills, food, and anything else a family needs to ensure children can be cared for at home and safely remain with their families.
In 1989, a similar CalWORKs grant was worth about 81 percent of FPL, and 55 percent in 1997. Part of the reason for this decline has been a series of changes over the past five years including significant grant cuts, the elimination of a Cost of Living Adjustment, and a major restructuring of the Welfare to Work activities, requirements and time limits. Adults in the program have gone from a 60-month lifetime limit on CalWORKs aid to a 48-month limit, with strict requirements on work participation to remain in the program after 24 months.
Deprivation standard. The state’s deprivation standards were originally enacted to comply with federal Aid to Families with Dependent Children (AFDC) rules, which required that two-parent families take additional steps to prove deprivation in order to receive aid. The AFDC statute was replaced in 1996 with the TANF program, which emphasized work preparation in conjunction with receipt of the grant. One of the four core purposes of the TANF program is to encourage the formation and maintenance of two-parent families. California’s CalWORKs program is framed around the TANF program and its block grant. With the TANF program, the federal government gave states the ability to modify program eligibility and requirements.
The deprivation test prohibits a two-parent family from qualifying for CalWORKs if the primary wage earner is working over 100 hours a month, regardless of their income. It also requires a county human services agency to verify parental absence in order to assist a family with two parents. The 100-hour work limit is a remnant of the prior AFDC law, which was based on the assumption that an average of 25 hours per week would put a family above the threshold to receive cash benefits. Many states have modified or removed special requirements for two-parent units, but California remains one of just six states that maintains the 100-hour limit. [The Urban Institute's Welfare Rules Database, 2012.] This bill modifies eligibility criteria to simply require families meet income and asset tests, regardless of how many hours they work or how many parents are in the home.
Welfare-to-Work requirements. Adult benefits in the CalWORKs program are contingent upon participation in welfare-to-work activities, which can include job finding, job training, educational pursuits, subsidized employment or unsubsidized employment, as defined and within specific parameters. Federal and state requirements may vary slightly.
Single parent adults are required to participate for at least 30 hours per week in welfare-to-work activities, and two-parent families are required to work a minimum of 35 hours per week, unless participants are exempted. After receiving aid for up to a maximum of 24 months, adults without an exemption must work in unsubsidized employment or participate in community services activities for the minimum number of hours listed above. If a CalWORKs recipient who is not exempt from participation does not meet his or her welfare-to-work requirements, the recipient is sanctioned for noncompliance, and that recipient’s portion of the family’s grant is subtracted from the amount provided to the family to meet basic needs.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Senate Appropriations Committee, this bill will result in ongoing major increase in CalWORKs grant, services, and administrative costs of $15.7 million to $18.5 million (General Fund) per year to the extent removing the child deprivation rule results in additional eligible cases and fewer cases discontinued from the CalWORKs program. It also will incur one-time costs potentially in excess of $150,000 (General Fund) for automation changes and an unknown net increase/decrease in CalWORKs program costs (General Fund) resulting from the changes to hourly work requirements for assistance units with two adults, which could result in increased employment services costs, offset by grant cost savings resulting from increased earnings or higher sanction rates.
Coalition of California Welfare Rights Organizations (source)
Western Center on Law and Poverty
OPPOSITION: (Verified 8/31/15)
None received
ARGUMENTS IN SUPPORT: The Western Center on Law and Poverty writes that current law denies applications for CalWORKs assistance from two-parent families when the primary wage earner is working over 100 hours a month regardless of the family’s income. This is due to a rule that the current CalWORKs program maintains, known as the child deprivation test, which requires a family to show absence of parental support in addition to proving that they have met income and asset tests in order to receive assistance through the program. California is one of only nine states that maintain the deprivation tests. Western Center on Law and Poverty additionally writes that AB 371 will remove the deprivation test in CalWORKs which will not only even the rules for two-parent households but also simplify the CalWORKs program eligibility requirements and align them with CalFresh and Medi-Cal. “It is unfortunate that a family working 100 hours per week would still be poor enough to qualify for the program, but with wage stagnation at its peak, it happens more frequently now than it did in previous decades. What’s worse is that existing law not only punishes families who are working hard to get ahead but receiving a low-wage, but it incentivizes families to split. This is because the same family would be eligible for aid if the primary wage earner left. AB 371 would level the playing field for two-parent households whose primary wage earner is working for a low-wage by allowing them to qualify for the program if their income and assets are below the thresholds for their family size,” according to Western Center on Law and Poverty.
ASSEMBLY FLOOR: 79-0, 6/2/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Chávez
Prepared by: Mareva Brown / HUMAN S. / (916) 651-1524
9/1/15 21:30:39
**** END ****
AB 371 (Mullin) Page 0 of 1
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 371 (Mullin) - CalWORKs Family Unity Act of 2015
|
|
Version: June 29, 2015 |
Policy Vote: HUMAN S. 5 - 0 |
Urgency: No |
Mandate: Yes |
Hearing Date: August 27, 2015 |
Consultant: Jolie Onodera |
*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on August 27, 2015
Bill Summary:
AB 371 would revise and expand eligibility for the CalWORKs program, as follows:
Deletes the consideration of child deprivation as a factor in determining eligibility, and enables eligibility without regard to the employment status of a parent (current law requires the principal earner to be unemployed or working less than 100 hours per month) if the family meets all other eligibility requirements.
Provides that the absence of a parent, as defined, is not a condition of eligibility to receive CalWORKs benefits, and expands the definition of “absent parent” to include parents absent solely by reason of the performance of active duty in the armed forces.
Reduces work requirements for pregnant women from 30 hours to 20 hours per week during the welfare-to-work 24-month clock, and aligns work requirements for two-parent AUs for all families including two adults, as specified.
Fiscal Impact:
Ongoing major increase in CalWORKs grant, services, and administrative costs of $15.7 million to $18.5 million (General Fund) per year to the extent removing the child deprivation rule results in additional eligible cases and fewer cases discontinued from the CalWORKs program.
One-time costs potentially in excess of $150,000 (General Fund) for automation changes required to effectuate the eligibility changes imposed under this measure.
Unknown net increase/decrease in CalWORKs program costs (General Fund) resulting from the changes to hourly work requirements for AUs with two adults, which could result in increased employment services costs, offset to some degree by grant cost savings resulting from increased earnings or higher rates of sanction.
Committee Amendments:
Revise the implementation date to July 1, 2016, and make other technical changes.
-- END --
AB 371 (Mullin) Page 4 of 4
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 371 (Mullin) - CalWORKs Family Unity Act of 2015
|
|
Version: June 29, 2015 |
Policy Vote: HUMAN S. 5 - 0 |
Urgency: No |
Mandate: Yes |
Hearing Date: July 13, 2015 |
Consultant: Jolie Onodera |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
AB 371 would revise and expand eligibility for the CalWORKs program, as follows:
Deletes the consideration of child deprivation as a factor in determining eligibility, and enables eligibility without regard to the employment status of a parent (current law requires the principal earner to be unemployed or working less than 100 hours per month) if the family meets all other eligibility requirements.
Provides that the absence of a parent, as defined, is not a condition of eligibility to receive CalWORKs benefits, and expands the definition of “absent parent” to include parents absent solely by reason of the performance of active duty in the armed forces.
Revises work participation requirements for assistance units (AUs) currently based on the average number of hours worked per week during the month to a specified minimum number of hours required to be worked each week.
Reduces work requirements for pregnant women from 30 hours to 20 hours per week during the welfare-to-work 24-month clock, and aligns work requirements for two-parent AUs for all families including two adults, as specified.
Fiscal Impact:
Ongoing major increase in CalWORKs grant, services, and administrative costs of $15.7 million to $18.5 million (General Fund) per year to the extent removing the child deprivation rule results in additional eligible cases and fewer cases discontinued from the CalWORKs program.
One-time costs potentially in excess of $150,000 (General Fund) for automation changes required to effectuate the eligibility changes imposed under this measure.
Potential increase in CalWORKs sanctions and resulting reduction in grant costs to the extent requiring a specific minimum number of work hours per week makes it more difficult for participant compliance in lieu of the existing requirement of an average number of work hours per week per month.
Unknown net increase/decrease in CalWORKs program costs (General Fund) resulting from the changes to hourly work requirements for AUs with two adults, which could result in increased employment services costs, offset to some degree by grant cost savings resulting from increased earnings or higher rates of sanction.
Background:
Existing federal law under the Temporary Assistance for Needy Families (TANF) program provides aid and welfare-to-work services to eligible families, and in California, provides that TANF funds for welfare-to-work services are administered through the California Work Opportunity and Responsibility to Kids (CalWORKs) program.
Existing state law provides that CalWORKs aid and services be granted to families with related children under the age of 18 years, with exceptions, who are considered to be deprived of parental support or care due to the following circumstances:
The death, physical or mental incapacity, or incarceration of a parent;
The unemployment of a parent or parents;
Continued absence of a parent from the home due to divorce, separation, or, 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.
Under existing law, “unemployment of a parent” means a natural or adoptive parent with whom the child is living and works less than 100 hours in the preceding four weeks and meets specified federal definitions of an unemployed parent. Existing law provides that a family receiving CalWORKs benefits with a child who is considered to be deprived of parental support 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.
Under existing law, CalWORKs recipients are required to participate in welfare-to-work activities for an average of a specified number of hours per week during the month as a condition of eligibility for aid. Existing law provides for an exemption for a person with a disability, as specified, from participation in welfare-to-work activities.
Proposed Law:
This bill would enact the CalWORKs Family Unity Act of 2015, which would revise and expand eligibility for the CalWORKs program, as follows:
Deletes consideration of child deprivation as a factor in determining eligibility by providing that CalWORKs 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 (current law requires the principal earner to be unemployed or working less than 100 hours per month).
Provides that the absence of a parent, as defined, is not a condition of eligibility to receive CalWORKs benefits.
Expands the definition of “absent parent” to include parents absent solely by reason of the performance of active duty in the uniformed services of the United States.
Revises work participation requirements for AUs currently based on the average number of hours worked per week during the month to a straight minimum number of hours required to be worked each week.
Reduces work requirements for pregnant women from 30 hours to 20 hours per week during the welfare-to-work 24-month clock.
Aligns work requirements for two-parent AUs to all families including two adults (such as stepparents and registered domestic partners).
Requires the DSS to implement the provisions of the bill through an all-county letter or similar instructions, and shall adopt regulations no later than July 1, 2018.
Related Legislation:
AB 1502 (Mullin) 2014 was substantially similar to this measure. This bill was held on the Suspense File of this Committee.
Staff Comments:
By removing the consideration of child deprivation as a factor in determining CalWORKs eligibility, this bill will result in both newly eligible cases as well as cases that will no longer be discontinued from the CalWORKs program.
Based on DSS reports (CA 255CW and CA 253CW) indicating the annual number of cases denied eligibility due to not meeting the child deprivation requirement and the number of cases discontinued due to no longer meeting the child deprivation requirement, and discounting for those cases that would have been found ineligible under existing law due to excess income/resources or other reasons, results in a monthly average of about 900 newly eligible cases and about 1,000 cases that would no longer be discontinued. Total annual costs for grants, services, administration, and child care (for newly eligible cases), based on applicable utilization rates would result in costs of about $18.5 million. To the extent 15 percent of cases denied or discontinued due to not meeting the child deprivation requirement would have successfully reapplied at a later date and would otherwise have been found eligible, results in annual costs of $15.7 million.
This bill reduces work requirements for pregnant women from 30 hours to 20 hours per week during the welfare-to-work 24-month clock. Based on MEDS data, it is estimated approximately 2,000 new cases could be impacted under this provision. However, as existing program rules provide for a work exemption for pregnant women, it is estimated that this change in hourly work requirements will have a minimal impact on overall program costs.
This bill additionally revises work participation requirements by aligning the hourly work requirement of an average of at least 35 hours per week for two-parent families to all AUs including two adults, such as step-parents, registered domestic partners, and same-sex spouses. This change may result in an increase in employment services costs to the extent the second adult participates and contributes to the hourly work requirement. Additionally, this change may result in offsetting cost savings in CalWORKs grant costs due to increased earnings, or alternatively, due to a higher rate of sanction to the extent participants are unable to meet the higher work requirement. The net fiscal impact would be dependent on various factors specific to each case and the number of cases impacted each year.
This bill revises existing work participation requirements for AUs currently based on the average number of hours worked per week during the month to a specified minimum number of hours required to be worked each week. To the extent requiring a specific minimum number of work hours per week makes it more difficult for participants to comply with work requirements could result in a higher rate of sanction and a resulting reduction in grant costs.
Recommended Amendments:
To retain consistency with existing law, staff recommends an amendment to specify that hourly work requirements can be met through an average of a minimum number of hours per week during the month as a condition of eligibility for aid.
-- END --
AB 371 (Mullin) Page 8 of 8
SENATE COMMITTEE ON HUMAN SERVICES
Senator McGuire, Chair
2015 - 2016 Regular
Bill No: AB 371
Author: |
Mullin |
||
Version: |
February 17, 2015 |
Hearing Date: |
June 23, 2015 |
Urgency: |
No |
Fiscal: |
Yes |
Consultant: |
Mareva Brown |
||
Subject: CalWORKs Family Unity Act of 2016
SUMMARY
This bill deletes the statutory requirement that a child’s eligibility for CalWORKs benefits in a two-parent household be based upon the child’s “deprivation,” defined as a parent’s unemployment or a parent working fewer than 100 hours per month. This bill would prohibit an absent parent from being included in the family’s assistance unit for purposes of determining eligibility or computing the amount of aid to be paid.
ABSTRACT
Existing law:
Establishes in federal statute the Temporary Assistance for Needy Families (TANF) program to provide aid and welfare-to-work services to eligible families and, in California, provides that TANF funds for welfare-to-work services are administered through the California Work Opportunity and Responsibility to Kids (CalWORKs) program. (42 U.S.C. 601 et seq., WIC 11200 et seq.)
Establishes income, asset and real property limits used to determine eligibility for the program, including net income below the Maximum Aid Payment (MAP), based on family size and county of residence, which is approximately 40 percent of the Federal Poverty Level. (WIC 11450, 11150 et seq.)
Establishes a 48-month lifetime limit of CalWORKs benefits for eligible adults, including 24 months during which a recipient must meet federal work requirements in order to retain eligibility. (WIC 11454, 11322.85)
Establishes that a child is deprived of parental support for the purposes of receiving CalWORKs benefits due to the unemployment of his or her parent(s) when the parent has worked less than 100 hours in the preceding four weeks, and meets specified federal definitions of an unemployed parent. (WIC 11201)
Establishes that a family receiving CalWORKs benefits with a child who is considered to be deprived of parental support 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. (WIC 11201 (c))
Establishes that a family is eligible for CalWORKs benefits and services if their related children under the age of 18 years, have been deprived of parental support or care due to the death, physical or mental incapacity or incarceration of a parent, the unemployment of one or both parents or the continued absence of a 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, as defined. (WIC 11250)
Defines “continued absence” to exist 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. WIC 11250 (c))
Requires that in a family eligible for CalWORKs aid due to the unemployment of the principal wage earner, the exemption criteria for an adult caring for a young child may be applied only to one parent. (WIC 11320.3 (b)(6)(B))
Requires the payment of CalWORKs assistance to nonparent caregivers who are caring for a foster child, ward of the court, or child at risk of foster care placement, as defined. (WIC 11401)
Specifies weekly number of hours required of welfare-to-work participation for adults to remain eligible for CalWORKs benefits in households of different sizes, including for those households with “unemployed parents.” (WIC 11322.8)
This bill:
Eliminates the requirement that a child must be “deprived of parental support or care” in order to be eligible for CalWORKs benefits in a two-parent family by deleting the following requirements:
That either parent be unemployed;
That a child must be considered deprived of parental support; and
That a parent must work less than 100 hours per month to be considered unemployed.
Replaces those statutory definitions, for the purposes of this chapter, with the definition of a “parent” to mean a natural or adoptive parent with whom an eligible child is living.
Deletes the eligibility requirement that a child must be deprived of parental support or care due to one of the following:
A parent’s death, physical or mental incapacity or incarceration,
The unemployment of one or both parents,
The continued absence of a parent from the home due to divorce, separation, desertion, or any other reason, as specified.
Deletes the eligibility requirement to establish the continued absence of a parent, and the definition of continued absence of a parent and replaces that language with the requirement that CalWORKs aid, services, or both shall be granted to families with related children, as defined, if the family meets specified eligibility requirements.
Replaces the statutory citation for “deprived of parental support or care,” which this bill deletes, with a deprivation citation in federal law in California statute pertaining to children in the child-welfare system.
Specifies that a parent shall not be included in the benefit calculation for an assistance unit if he or she is absent from the home due to divorce, separation, desertion, or any other reason, if his or her absence interrupts or terminates 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.
Requires the California Department of Social Services (CDSS) to implement the new statutory requirements in an all-county letter or similar instruction no later than March 1, 2016 and to adopt implementing regulations no later than July 1, 2018.
FISCAL IMPACT
According to the Assembly Appropriations committee, this bill would result in an ongoing increase in CalWORKs grant, services, and administrative costs in the range of $1 million to $2 million (General Fund) to the extent this bill results in additional eligible cases and fewer cases discontinued from the CalWORKs program. This will be partially offset to the extent the newly eligible cases will no longer receive a CalFresh stipend available only to non-assistance households.
BACKGROUND AND DISCUSSION
Purpose of the bill:
According to the author, the current CalWORKs program maintains a provision that is an outdated holdover from the old Aid to Family with Dependent Children Program (AFDC), known as the deprivation test. The deprivation test requires a family to show absence of parental support in addition to proving that they have met income and asset tests in order to receive assistance through the program.
According to the author, the most harmful impact of this rule is that it results in a denial of aid to two-parent families when parents are employed, even if their income and assets qualify them for aid. AB 371 will even out the rules for two-parent households, and simplify CalWORKs program eligibility requirements to align them with CalFresh and Medi-Cal, according to the author.
CalWORKs
California has the highest poverty rate in the nation – just under one-quarter of residents are living at or below the federal poverty level (FPL) according to the national Supplemental Poverty Measure. These families earn no more than $20,090 per year for a family of three. One of California’s most essential anti-poverty strategies is the CalWORKs program, which provided cash assistance to approximately 540,000 families in 2014, including more than 1 million children. Nearly 80 percent of the children are under age twelve and almost 40 percent are under age five. Federal funding for CalWORKs comes from the TANF block grant.
A grant to a family of three in a high-cost California county is $704 per month, or $8,448 per year, which is approximately 42 percent of the federal poverty level (FPL). This grant translates to $23.46 per day, per family to meet basic needs, including rent, clothing, utility bills, food, and anything else a family needs to ensure children can be cared for at home and safely remain with their families.
In 1989, a similar CalWORKs grant was worth about 81 percent of FPL, and 55 percent in 1997. Part of the reason for this decline has been a series of changes over the past five years including significant grant cuts, the elimination of a Cost of Living Adjustment, and a major restructuring of the Welfare to Work activities, requirements and time limits. Adults in the program have gone from a 60-month lifetime limit on CalWORKs aid to a 48-month limit, with strict requirements on work participation to remain in the program after 24 months.
Deprivation standard
The state’s deprivation standards were originally enacted to comply with federal Aid to Families with Dependent Children (AFDC) rules, which required that two-parent families take additional steps to prove deprivation in order to receive aid. The AFDC statute was replaced in 1996 with the Temporary Assistance to Needy Families (TANF) program, which emphasized work preparation in conjunction with receipt of the grant. One of the four core purposes of the TANF program is to encourage the formation and maintenance of two-parent families. California’s CalWORKs program is framed around the TANF program and its block grant. With the TANF program, the federal government gave states the ability to modify program eligibility and requirements.
The deprivation test prohibits a two-parent family from qualifying for CalWORKs if the primary wage earner is working over 100 hours a month, regardless of their income. It also requires a county human services agency to verify parental absence in order to assist a family with two parents. The 100-hour work limit is a remnant of the prior AFDC law, which was based on the assumption that an average of 25 hours per week would put a family above the threshold to receive cash benefits. Many states have modified or removed special requirements for two-parent units, but California remains one of just six states that maintains the 100-hour limit.1 This bill would modify eligibility criteria to simply require families meet income and asset tests, regardless of how many hours they work or how many parents are in the home.
Welfare-to-Work requirements
Adult benefits in the CalWORKs program are contingent upon participation in welfare-to-work activities, which can include job finding, job training, educational pursuits, subsidized employment or unsubsidized employment, as defined and within specific parameters. Federal and state requirements may vary slightly.
Single parent adults are required to participate for at least 30 hours per week in welfare-to-work activities, and two-parent families are required to work a minimum of 35 hours per week, unless participants are exempted. After receiving aid for up to a maximum of 24 months, adults without an exemption must work in unsubsidized employment or participate in community services activities for the minimum number of hours listed above. If a CalWORKs recipient who is not exempt from participation does not meet his or her welfare-to-work requirements, the recipient is sanctioned for noncompliance, and that recipient’s portion of the family’s grant is subtracted from the amount provided to the family to meet basic needs.
Related legislation:
AB 1502 (Mullin, 2014) was substantially similar to this bill. It was held in the Senate Appropriations Committee.
ARGUMENTS IN OPPOSITION
The Department of Finance writes that it is opposed to this bill because it expands eligibility for the CalWORKs program. “Under current law, one factor of CalWORKs eligibility is child deprivation. To meet the requirements of child deprivation, a child must be deprived of parental support or care due to a deceased parent, parental incapacity, an absent parent, or an unemployed parent. This bill seeks to simplify CalWORKs eligibility by removing the child deprivation criteria from benefit determination.”
ARGUMENTS IN SUPPORT
The California Coalition of Welfare Rights Organizations (CCWRO) argues that the deprivation test inappropriately penalizes two-parent working families, who are poor enough to qualify for CalWORKs benefits. “The deprivation test is estimated to impact thousands poor, two-parent working families throughout the state, denying them CalWORKs assistance simply because the primary wage earner worked too many hours. This rule is contrary to the stated goals of the program to encourage work and family unity. AB 371 would level the playing field for two-parent households whose primary wage earner is working for a low-wage by allowing these families to qualify for the program if their income and assets are below the thresholds for their family size.”
COMMENTS
California’s adherence to the deprivation standard – along with Kentucky, Mississippi and Tennessee and several other states – is at odds with the current federal law which states a primary goal is to maintain two-parent families for needy children. While this bill repeals the 100-hour standard, it maintains the income eligibility requirements, ensuring that a family’s need is based on income and resource measurements. This bill differs from AB 1502 (Mullin), which was held in Senate Appropriations last year. The current bill does not include language related to changes in work requirements for relative caretakers in the CalWORKs program. AB 371 only addresses the deprivation test.
To conform existing statute to the changes in this bill, staff recommends the following amendments:
Page 3, line 12:
11201. For purposes of this chapter, “parent” means a
natural or adoptive parent with whom
an eligible child is living.
Additionally, amend Section 11320.3.(b) of the Welfare and Institutions Code to read:
(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 of the principal wage earner,
the exemption criteria contained in subparagraph (A) shall be applied
to only one parent.
Additionally, amend Welfare and Institutions Code Section 11322.8 to read:
11322.8. (a) For a recipient required to participate in accordance with paragraph (1) of subdivision (a) of Section 11322.85, unless the recipient is otherwise exempt, the following shall apply:
(1)
(A) An adult recipient in a
one-parent
an
assistance unit that
includes
only one
adult
or two
adults in which one adult is disabled as defined in subparagraph (A)
of paragraph (3) of subdivision (b) of Section 11320.3, and
does not include a child under six years of age shall participate in
welfare-to-work activities for an average of at least 30 hours per
week during the month.
(B)
An adult recipient in a
one parent assistance unit
an
assistance unit
that
includes only one adult, or two adults in which one adult is disabled
as defined in subparagraph (A) of paragraph (3) of subdivision (b) of
Section 11320.3,
and a child under six years of age,
or an assistance unit that consists only of a pregnant woman, shall
participate in welfare-to-work activities for an average of at least
20 hours per week during the month.
(2)
An adult
recipient
who is
an unemployed parent,
as
defined in Section 11201,
Except
as provided in paragraph (1), an assistance unit that includes two
adults shall participate
for an average of at least 35 total hours of welfare-to-work
activities per week during the month. However, both parents
in a
two-parent assistance unit
adults
may contribute to
the 35 hours
(b) For a recipient required to participate in accordance with paragraph (3) of subdivision (a) of Section 11322.85, the following shall apply:
(1) Unless otherwise exempt, an adult recipient in an assistance unit that includes only one adult or two adults in which one adult is disabled as defined in subparagraph (A) of paragraph (3) of subdivision (b) of Section 11320.3, or an assistance unit that consists only of a pregnant woman, shall participate in welfare-to-work activities for an average of at least 30 hours per week during the month, subject to the special rules and limitations described in Section 607(c)(1)(A) of Title 42 of the United States Code as January 1, 2013.
(2)
Unless otherwise exempt, an adult recipient in a
one-parent assistance
unit an
assistance unit that includes only one adult and
that includes a
child under six years of age shall participate in welfare-to-work
activities for an average of at least 20 hours per week during the
month, as described in Section 607(c)(2)(B) of Title 42 of the United
States Code as of January 1, 2013.
(3)
Unless otherwise exempt, an adult recipient an
unemployed parent, as defined in Section 11201,
and
except as provided in paragraph (1), an assistance unit that includes
two adults shall
participate in welfare-to-work activities for an average of at least
35 total hours per week during the month, subject to the special
rules and limitations described in Section 607(c) (1) (B) of Title 42
of the United States Code as of January 1, 2013.
4. Page 8, line 6.
SEC. 8. (a) This act shall be operative nine months after it is approved by the Governor, or July 1, 2016, whichever is later.
(b)
Notwithstanding 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 State Department of Social Services shall
implement this act through an all-county letter or similar
instructions from the director no
later than March 1, 2016.
(b) (c)
The department shall adopt regulations as necessary to
implement this act no later than July 1, 2018.
PRIOR VOTES
Assembly Floor: |
79 - 0 |
Assembly Appropriations Committee: |
17 - 0 |
Assembly Human Services Committee: |
7 - 0 |
POSITIONS
Support:
AFSCME
California Catholic Conference of Bishops
California State PTA
LIUNA Locals 777 & 792
National Association of Social Workers
San Mateo County Board of Supervisors
St. Anthony Foundation
Western Center on Law and Poverty
2 individuals
Oppose:
None received.
-- END --
1 The Urban Institute's Welfare Rules Database, 2012
AB 371
Page 4
ASSEMBLY THIRD READING
AB 371
(Mullin)
As Introduced February 17, 2015
Majority vote
Committee |
Votes |
Ayes |
Noes |
Human Services |
7-0 |
Chu, Mayes, Calderon, Lopez, Maienschein, Mark Stone, Thurmond |
|
Appropriations |
17-0 |
Gomez, Bigelow, Bonta, Calderon, Chang, Daly, Eggman, Gallagher, Eduardo Garcia, Gordon, Holden, Jones, Quirk, Rendon, Wagner, Weber, Wood |
|
SUMMARY:
Streamlines California Work Opportunity and Responsibility to Kids (CalWORKs) eligibility standards for two-parent families. Specifically, this bill:
Deletes the deprivation standard used to determine CalWORKs eligibility for needy two-parent families by deleting the following eligibility requirements for CalWORKs benefits:
That either parent be unemployed;
That a child be considered deprived of parental support due to the unemployment of his or her parent or parents; and
That a parent work less than 100 hours per month.
Removes consideration of the state deprivation standard for determining a minor dependent or nonminor dependent’s eligibility for Aid to Families with Dependent Children-Foster Care funds, and instead ties eligibility to standards in federal regulations, as specified.
Defines parent as a natural or adoptive parent with whom an eligible child is living.
Deletes the eligibility requirement that a child must be deprived of parental support or care due to the death, physical or mental incapacity or incarceration of a parent, the unemployment of one or both parents or the continued absence of a parent from the home due to divorce, separation, desertion, or any other reason, as specified.
Requires that CalWORKs aid, services, or both be granted, subject to the regulations of the Department of Social Services, to families with related children under 18 years of age, with exemptions already stated in statute, if the family meets the eligibility requirements specified in this chapter, which include income and work requirements.
Requires a parent to be excluded from the assistance unit if he or she is absent from the home due to divorce, separation, desertion, or any other reason, if his or her absence interrupts or terminates 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. Provides that, if these conditions exist, the parent may be absent for any reason, and may have left only recently or some time previously.
EXISTING LAW:
Establishes under federal law the Temporary Assistance for Needy Families (TANF) program to provide aid and welfare-to-work services to eligible families and, in California, provides that TANF funds for welfare-to-work services are administered through the CalWORKs program. (42 United States Code 601 et seq., Welfare and Institutions Code (WIC) Section 11200 et seq.)
Establishes income, asset and real property limits used to determine eligibility for the program, including net income below the Maximum Aid Payment (MAP), based on family size and county of residence, which is around 40% of the Federal Poverty Level. (WIC Section 11450 and 11150 et seq.)
Provides that a child whose parent is applying for CalWORKs assistance shall be considered deprived of parental support or care due to the unemployment of his or her parent when the parent has worked less than 100 hours in the preceding four weeks, as specified. (WIC Section 11201)
Grants CalWORKs aid, services, or both to families with related children under 18 years of age, except as specified, if they are deemed needy and deprived of parental support or care due to the death, physical or mental incapacity or incarceration of a parent; the unemployment of a parent or parents; or the continued absence of a parent from the home due to divorce, separation, desertion, or any other reason, except occasional absence due solely to the parent’s active duty with the United States armed services. (WIC Section 11250)
Establishes a 48-month lifetime limit of CalWORKs benefits for eligible adults, including 24 months during which a recipient must meet federal work requirements in order to retain eligibility. (WIC Sections 11454 and 11322.85)
FISCAL EFFECT:
According to the Assembly Appropriations committee, ongoing increase in CalWORKs grant, services, and administrative costs in the range of $1million to $2 million (General Fund) to the extent this bill results in additional eligible cases and fewer cases discontinued from the CalWORKs program. This will be partially offset to the extent the newly eligible cases will no longer receive a CalFresh stipend available only to non-assistance households.
COMMENTS:
CalWORKs: The CalWORKs program provides monthly income assistance and employment-related services aimed at moving children out of poverty and helping families meet basic needs. Federal funding for CalWORKs comes from the TANF block grant. The average 2015 to 2016 monthly cash grant for a family of three on CalWORKs (one parent and two children) is $506.55, and the maximum monthly grant amount for a family of three, if the family has no other income and lives in a high-cost county, is $704. According to recent data from the California Department of Social Services, over 540,000 families rely on CalWORKs, including over one million children. Nearly 80% of the children are under age twelve and almost 40% are under age five.
Maximum grant amounts in high-cost counties of $704 per month for a family of three with no other income means $23.46 per day, per family, or $7.82 per family member, per day to meet basic needs, including rent, clothing, utility bills, food, and anything else a family needs to ensure children can be cared for at home and safely remain with their families. This grant amount puts the annual household income at $8,448 per year, or 42% of poverty. Federal Poverty Guidelines for 2015 show that 100% of poverty for a family of three is $20,090 per year.
Welfare-to-Work requirements: Welfare-to-work activities within the CalWORKs program include public or private sector subsidized or unsubsidized employment; on-the-job training; community service; secondary school, adult basic education and vocational education and training when the education is needed for the recipient to become employed; specific mental health, substance abuse, or domestic violence services if they are necessary to obtain or retain employment; and a number of other activities necessary to assist a recipient in obtaining unsubsidized employment.
Unless they are exempt, single parent adults must participate for at least 30 hours per week in welfare-to-work activities, whereas the minimum participation requirement for two-parent families is 35 hours per week. After receiving aid for up to a maximum of 24 months, adults without an exemption must work in unsubsidized employment or participate in community services activities for the minimum number of hours listed above. If a CalWORKs recipient who is not exempt from participation does not meet his or her welfare-to-work requirements, the recipient is sanctioned for noncompliance, and that recipient’s portion of the family’s grant subtracted from the amount provided to the family to meet basic needs.
Need for this bill: The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), which was the final piece of federal welfare reform legislation, repealed the Aid to Families with Dependent Children (AFDC) program and created the block-granted TANF program. The new approach emphasized integrating parents into the workforce, and one of the resulting four core purposes of the federal TANF program is to encourage the formation and maintenance of two-parent families. However, current state law prevents a poor two-parent family from receiving aid if the primary wage earner has worked more than 100 hours in a month. This policy mirrors AFDC provisions included in the Code of Federal Regulations, which haven’t been updated since before PRWORA was implemented, making California one of only eight states that still implements this standard.
While the 100-hour policy is based on the assumption that an average of 25 hours of work per week can generate enough income for a parent to provide for his or her family and set the family’s income above the eligibility threshold for CalWORKs, this is often not the case. In direct conflict with the TANF goal of two-parent family maintenance, this policy encourages parents to split, as the same family would be eligible for aid if the primary wage earner left the home. This bill repeals the 100-hour standard while maintaining all resource and income eligibility requirements, all of which reveal a CalWORKs applicant family’s need for assistance.
According to the author, "The CalWORKs Family Unity Act of 2015 is a modest effort to strengthen the safety net for low-income working families of California, who today endure the highest poverty rate in the Nation. By improving economic opportunities for low-income two-parent homes, we will also strengthen family unit. "
Analysis Prepared by: Myesha Jackson / HUM. S. / (916) 319-2089 FN: 0000602
AB 371
Page 3
Date of Hearing: April 15, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB 371
(Mullin) – As Introduced February 17, 2015
Policy Committee: |
Human Services |
Vote: |
7 - 0 |
|
|
|
|
|
|
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: Yes
SUMMARY:
This bill streamlines the California Work Opportunity and Responsibility to Kids (CalWORKs) eligibility standards for two-parent families by requiring that aid be granted to a family that meets applicable eligibility requirements, without regard to the employment status of the parent. Specifically, this bill:
Deletes the eligibility requirement for CalWORKs benefits:
That either parent be unemployed
That a child be deprived of parental support due to unemployment
That a parent work less than 100 hours per month
Deletes the eligibility requirement that a child must be deprived of parental support or care due to the death, physical or mental incapacity or incarceration of a parent, the unemployment of one or both parents or the continued absence of a parent from the home due to divorce, separation, desertion, or any other reason.
Replaces that language with the requirement that aid, services, or both be granted under this chapter, and subject to the regulations of the department, to families with related children under 18 years of age, with exemptions already stated in statute, if the family meets the eligibility requirements including income and work requirements.
Establishes that the absence of a parent is not a condition of eligibility to receive benefits, and defines absence of a parent to mean the continued absence of a parent from the home due to divorce, separation, desertion, or any other reason.
FISCAL EFFECT:
Ongoing increase in CalWORKs grant, services, and administrative costs in the range of $1million to $2 million (GF) to the extent this bill results in additional eligible cases and fewer cases discontinued from the CalWORKs program. This will be partially offset to the extent the newly eligible cases will no longer receive a CalFresh stipend available only to non-assistance households.
COMMENTS:
Purpose. According to the author, "The CalWORKs Family Unity Act of 2015 is a modest effort to strengthen the safety net for low-income working families of California, who today endure the highest poverty rate in the Nation. By improving economic opportunities for low-income two-parent homes, we will also strengthen family unit. "
Current state law prevents a poor two-parent family from receiving aid if the primary wage earner has worked more than 100 hours in a month regardless of income. This "deprivation standard" was originally enacted to comply with the now outdated AFDC rules (repealed in 1996) which required that two-parent families take additional steps to prove deprivation in order to receive aid. Now in direct conflict with the TANF goal of two-parent family maintenance, many states began modifying or removing special requirements for two-parent units shortly after the 1996 repeal of AFDC. By 2001, just 14 states still had laws in place with restrictions on two-parent households. As of 2011, California was one of just four states that retained the 100-hour working limit for two-parent families. This bill repeals the 100-hour standard while maintaining all resource and income eligibility requirements.
Background. In 1996, federal legislation repealed the Aid to Families with Dependent Children (AFDC) and created the block-granted Temporary Assistance for Needy Families (TANF) program. The new approach emphasized integrating parents into the workforce, and encouraged the formation and maintenance of two-parent families. In California, TANF funds are administered through the CalWORKs program.
CalWORKs: The California Work Opportunity and Responsibility to Kids (CalWORKs) program provides monthly income assistance and employment-related services aimed at moving children out of poverty and helping families meet basic needs. Federal funding for CalWORKs comes from the Temporary Assistance for Needy Families (TANF) block grant. The average 2015-16 monthly cash grant for a family of three on CalWORKs (one parent and two children) is $506.55. According to recent data from the California Department of Social Services, over 540,000 families rely on CalWORKs, including over one million children. Nearly 80% of the children are under age twelve and 40% are under age five.
Average grant amounts of $506.55 per month for a family of three puts the annual household income at $6,078 per year. The poverty level for a family of three is $20,090 per year according to the 2015 Federal Poverty Guidelines.
Two parent families make up about 8.6% of total CalWORKs cases. Two parent families with a wage earner working 100 or more hours per week at minimum wage are unlikely to qualify for a CalWORKs grant (especially if the family size is smaller than four) or will qualify for a reduced amount ($124 - $165/month), even with the $225 income disregard. They are also unlikely to be using welfare-to-work activities beyond employment and are less likely to use child care services than the average recipient. They may, however, use other CalWORKs supportive services such as transportation. Assuming a monthly average of 320 newly eligible cases and 400 cases no longer discontinued, and based on utilization rates reasonable for two parent households, total annual costs under this bill would be in the range of $1million to $2 million (GF). This cost will be partially offset to the extent the newly eligible cases will no longer receive a CalFresh stipend available only to non-assistance households.
Prior Legislation. AB 1502 (Mullin), 2014, was similar to this bill. It included removal of the deprivation standard, but also included changes to work requirements for relative caregivers within the CalWORKS program. The latter changes are not included in this bill. AB 1502 was held on the Senate Appropriations Committee Suspense File.
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
AB 371
Page 4
Date of Hearing: March 24, 2015
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Chu, Chair
AB 371
(Mullin) – As Introduced February 17, 2015
SUBJECT:
CalWORKs Family Unity Act of 2015
SUMMARY:
Streamlines CalWORKs eligibility standards for two-parent families.
Specifically, this bill:
Deletes the deprivation standard used to determine CalWORKs eligibility for needy two-parent families by deleting the following eligibility requirements for CalWORKs benefits:
That either parent be unemployed;
That a child be considered deprived of parental support due to the unemployment of his or her parent or parents; and
That a parent work less than 100 hours per month.
Removes consideration of the state deprivation standard for determining a minor dependent or nonminor dependent's eligibility for Aid to Families with Dependent Children-Foster Care (AFDC-FC) funds, and instead ties eligibility to standards in federal regulations, as specified.
Defines parent as a natural or adoptive parent with whom an eligible child is living.
Deletes the eligibility requirement that a child must be deprived of parental support or care due to the death, physical or mental incapacity or incarceration of a parent, the unemployment of one or both parents or the continued absence of a parent from the home due to divorce, separation, desertion, or any other reason, as specified.
Requires that CalWORKs aid, services, or both be granted, subject to the regulations of the Department of Social Services, to families with related children under 18 years of age, with exemptions already stated in statute, if the family meets the eligibility requirements specified in this chapter, which include income and work requirements.
Requires a parent to be excluded from the assistance unit if he or she is absent from the home due to divorce, separation, desertion, or any other reason, if his or her absence interrupts or terminates 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. Provides that, if these conditions exist, the parent may be absent for any reason, and may have left only recently or some time previously.
EXISTING LAW:
Establishes under federal law the Temporary Assistance for Needy Families (TANF) program to provide aid and welfare-to-work services to eligible families and, in California, provides that TANF funds for welfare-to-work services are administered through the CalWORKs program. (42 U.S.C. 601 et seq., WIC 11200 et seq.)
Establishes income, asset and real property limits used to determine eligibility for the program, including net income below the Maximum Aid Payment (MAP), based on family size and county of residence, which is around 40% of the Federal Poverty Level. (WIC 11450, 11150 et seq.)
Provides that a child whose parent is applying for CalWORKs assistance shall be considered deprived of parental support or care due to the unemployment of his or her parent when the parent has worked less than 100 hours in the preceding four weeks, as specified. (WIC 11201)
Grants CalWORKs aid, services, or both to families with related children under 18 years of age, except as specified, if they are deemed needy and deprived of parental support or care due to the death, physical or mental incapacity or incarceration of a parent; the unemployment of a parent or parents; or the continued absence of a parent from the home due to divorce, separation, desertion, or any other reason, except occasional absence due solely to the parent's active duty with the US armed services. (WIC 11250)
Establishes a 48-month lifetime limit of CalWORKs benefits for eligible adults, including 24 months during which a recipient must meet federal work requirements in order to retain eligibility. (WIC 11454, 11322.85)
Requires all individuals over 16 years of age, unless they are otherwise exempt, to participate in welfare-to-work activities as a condition of eligibility for CalWORKs. (WIC 11320.3, 11322.6)
Establishes the number of weekly hours of welfare-to-work participation necessary to remain eligible for aid, including requirements for an unemployed parent in a two-parent assistance unit, as specified. (WIC 11322.8)
FISCAL EFFECT:
Unknown
COMMENTS:
CalWORKs: The California Work Opportunity and Responsibility to Kids (CalWORKs) program provides monthly income assistance and employment-related services aimed at moving children out of poverty and helping families meet basic needs. Federal funding for CalWORKs comes from the Temporary Assistance for Needy Families (TANF) block grant. The average 2015-16 monthly cash grant for a family of three on CalWORKs (one parent and two children) is $506.55. According to recent data from the California Department of Social Services, over 540,000 families rely on CalWORKs, including over one million children. Nearly 80% of the children are under age twelve and 40% are under age five.
Average grant amounts of $506.55 per month for a family of three means $16.88 per day, per family, or $5.62 per family member, per day to meet basic needs, including rent, clothing, utility bills, food, and anything else a family needs to ensure children can be cared for at home and safely remain with their families. This grant amount puts the annual household income at $6,078 per year. Federal Poverty Guidelines for 2015 show that 100% of poverty for a family of three is over three times that at $20,090 per year.
Welfare-to-Work requirements: Welfare-to-work activities within the CalWORKs program include public or private sector subsidized or unsubsidized employment; on-the-job training; community service; secondary school, adult basic education and vocational education and training when the education is needed for the recipient to become employed; specific mental health, substance abuse, or domestic violence services if they are necessary to obtain or retain employment; and a number of other activities necessary to assist a recipient in obtaining unsubsidized employment.
Unless they are exempt, single parent adults must participate for at least 30 hours per week in welfare-to-work activities, whereas the minimum participation requirement for two-parent families is 35 hours per week. After receiving aid for up to a maximum of 24 months, adults without an exemption must work in unsubsidized employment or participate in community services activities for the minimum number of hours listed above. If a CalWORKs recipient who is not exempt from participation does not meet his or her welfare-to-work requirements, the recipient is sanctioned for noncompliance, and that recipient's portion of the family's grant subtracted from the amount provided to the family to meet basic needs.
Need for this bill: The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), which was the final piece of federal welfare reform legislation, repealed the Aid to Families with Dependent Children (AFDC) program and created the block-granted Temporary Assistance for Needy Families (TANF) program. The new approach emphasized integrating parents into the workforce, and one of the resulting four core purposes of the federal TANF program is to encourage the formation and maintenance of two-parent families. However, current state law prevents a poor two-parent family from receiving aid if the primary wage earner has worked more than 100 hours in a month. This policy mirrors AFDC provisions included in the Code of Federal Regulations, which haven't been updated since before PRWORA was implemented, making California one of only eight states that still implements this standard.
While the 100-hour policy is based on the assumption that an average of 25 hours of work per week can generate enough income for a parent to provide for his or her family and set the family's income above the eligibility threshold for CalWORKs, this is often not the case. In direct conflict with the TANF goal of two-parent family maintenance, this policy encourages parents to split, as the same family would be eligible for aid if the primary wage earner left the home. This bill repeals the 100-hour standard while maintaining all resource and income eligibility requirements, all of which reveal a CalWORKs applicant family's need for assistance.
According to the author, "The CalWORKs Family Unity Act of 2015 is a modest effort to strengthen the safety net for low-income working families of California, who today endure the highest poverty rate in the Nation. By improving economic opportunities for low-income two-parent homes, we will also strengthen family unit. "
PRIOR LEGISLATION:
AB 1502 (Mullin), 2014, was similar to this bill. It included removal of the deprivation standard, in addition to changes to work requirements for relative caregivers within the CalWORKs program. It died on the Senate Appropriations Suspense File.
REGISTERED SUPPORT / OPPOSITION:
Support
American Federation of State, County and Municipal Employees (AFSCME), AFL-CIO
California Alternative Payment Program Association (CAPPA)
California Catholic Conference of Bishops
California Partnership
Coalition of California Welfare Rights Organization
County Welfare Directors Association of CA (CWDA)
St. Anthony Foundation
Western Center on Law and Poverty
Opposition
None on file.
Analysis Prepared by:
Myesha Jackson / HUM. S. / (916) 319-2089
Bill Author
Bill Co-Author(s):
