Existing federal law provides for allocation of federal funds through the federal Temporary Assistance for Needy Families (TANF) block grant program to eligible states. Existing law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which, through a combination of state and county funds and federal funds received through the TANF program, each county provides cash assistance and other benefits to qualified low-income families.

As part of the CalWORKs program, participants, unless specifically exempted, are required to participate in welfare-to-work activities. Existing law provides a one-time exemption from the welfare-to-work requirements to a parent or other relative who has primary responsibility for personally providing care to a child 6 months of age or under, as specified. Under existing law, an individual receiving that exemption is exempt for a period of 12 weeks, upon the birth or adoption of any subsequent children, which may be extended on a case-by-case basis to 6 months, based on criteria developed by the county. Existing law also provide a one-time exemption to a parent or other relative who has primary responsibility for personally providing care to one child from birth to 23 months, inclusive.

This bill would replace the above-described exemptions with an exemption that is offered to a parent or other relative who has primary responsibility for personally providing care to a child 24 months of age or under, without limiting the exemption to one child or one instance. By

By expanding the scope of the exemption, exemptions to include the above-described individuals, the bill would increase the duties of county employees, thereby imposing a state-mandated local program.

The bill would require the county to provide that exempt individual with a notice of action human services agency, upon a determination that an individual is exempt from welfare-to-work activities, to provide that individual with a notice informing him or her of the exemption and that he or she has the right to volunteer to participate in welfare-to-work activities of his or her choice. The bill would require that the notice include specified contact information and a volunteer form for a welfare-to-work plan activity assignment, as specified, and would provide that the plan is deemed approved if the county fails to act on the plan within 30 days. be accompanied by a form for the written welfare-to-work plan, with specified requirements on the county human services agency to assist the individual in participating in the activities and to approve the plan within 30 days of the individual indicating his or her wish to volunteer. By increasing the duties of county employees, the bill would impose a state-mandated local program.

Under existing law, a parent or caretaker relative is not eligible for CalWORKs aid when he or she has received aid for a cumulative total of 48 months. Existing law further provides that any month in which specified conditions exist is not counted toward that 48-month time limit. limit, including when a recipient is exempt from participation in welfare-to-work activities because he or she has primary responsibility for personally providing care to a child 24 months of age or younger.

This bill would make conforming changes to that provision to prohibit the counting of a month for an individual who has the above-described exemption. condition and would limit application of the condition to an eligible individual for a cumulative total of 24 months.

The bill would authorize the State Department of Social Services to implement these provisions through an all-county letter or similar instruction, to be issued no later than April 1, 2019.

Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program.

This bill would 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 the statutory provisions noted above.

Existing federal law provides for allocation of federal funds through the federal Temporary Assistance for Needy Families (TANF) block grant program to eligible states. Existing law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which, through a combination of state and county funds and federal funds received through the TANF program, each county provides cash assistance and other benefits to qualified low-income families.

As part of the CalWORKs program, participants, unless specifically exempted, are required to participate in welfare-to-work activities. Existing law provides a one-time exemption from the welfare-to-work requirements to a parent or other relative who has primary responsibility for personally providing care to a child 6 months of age or under, as specified. Under existing law, an individual receiving that exemption is exempt for a period of 12 weeks, upon the birth or adoption of any subsequent children, which may be extended on a case-by-case basis to 6 months, based on criteria developed by the county. Existing law also provide a one-time exemption to a parent or other relative who has primary responsibility for personally providing care to one child from birth to 23 months, inclusive.

This bill would replace the above-described exemptions with an exemption that is offered to a parent or other relative who has primary responsibility for personally providing care to a child 24 months of age or under, without limiting the exemption to one child or one instance. By expanding the scope of the exemption, the bill would increase the duties of county employees, thereby imposing a state-mandated local program.

The bill would require the county to provide that exempt individual with a notice of action informing him or her of the exemption and that he or she has the right to volunteer to participate in welfare-to-work activities of his or her choice. The bill would require that the notice include specified contact information and a volunteer form for a welfare-to-work plan activity assignment, as specified, and would provide that the plan is deemed approved if the county fails to act on the plan within 30 days. By increasing the duties of county employees, the bill would impose a state-mandated local program.

Under existing law, a parent or caretaker relative is not eligible for CalWORKs aid when he or she has received aid for a cumulative total of 48 months. Existing law further provides that any month in which specified conditions exist is not counted toward that 48-month time limit.

This bill would make conforming changes to that provision to prohibit the counting of a month for an individual who has the above-described exemption.

The bill would authorize the State Department of Social Services to implement these provisions through an all-county letter or similar instruction, to be issued no later than April 1, 2019.

Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program.

This bill would 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 the statutory provisions noted above.

SENATE COMMITTEE ON

Senator Anthony Portantino, Chair

2017 - 2018 Regular Session

AB 2326 (Rubio) - CalWORKs: welfare-to-work: exemption

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

AB 2326 would recast and expand California Work Opportunity and Responsibility to Kids (CalWORKs) welfare-to-work (WTW) exemptions that apply to parents or caregivers who have a child 24 months of age or younger and pregnant women who are the sole member of their assistance unit and would adopt notification and assistance requirements related to exempt individuals’ ability to volunteer for WTW activities.

Fiscal Impact:

• Ongoing costs to the Department of Social Services (CDSS) in the low millions to tens of millions of dollars to fund additional grants for cases that use the new exemption. This would include cases that were previously sanctioned for noncompliance but would now be exempt. See Staff Comments. (GF/federal)
• One-time costs for automation and administrative costs to CDSS and counties to update their systems to reflect the new exemption and to meet the noticing requirements. These costs are unknown, but are likely in the mid hundreds of thousands of dollars. The county costs are potentially reimbursable by the state. (GF/federal funds/county funds)

Background:

The CalWORKs program, which implements the federal Temporary Assistance for Needy Families (TANF) program, is a welfare program that gives cash aid and employment-related services to eligible California families to move them out of poverty and help families meet basic needs. In order to be eligible for CalWORKs, families must meet income and asset tests. In addition, children must be deprived of parental support and care due to the incapacity, death, or absence of a parent or unemployment of the principal wage-earner. CalWORKs provides cash assistance to more than 450,000 families and 860,000 children. According to a February 2019 CalWORKs Annual Summary, the average monthly cash grant FY 2017-18 was estimated at $564 and the maximum monthly grant amount for a family of three is $714.

CalWORKs rules require recipients to perform certain activities as a condition of receiving benefits and limits the time period adults may receive benefits. These activities are outlined in a WTW plan and can include public or private sector, subsidized or unsubsidized employment, on-the-job training, community service, secondary school, adult basic education, vocational education and training, and a number of other activities necessary to assist a recipient in obtaining unsubsidized employment. Adults may not receive CalWORKs benefits for more than 48 months throughout the entirety of their life. During those 48 months, adults may receive a total of 24 months of WTW services and activities if they meet program requirements.

CalWORKs recipients may be exempted from participating in WTW for a variety of reasons, some of which do not count against the 48-month time limit for aid. Under current law, CalWORKs recipients who are pregnant or who have infants at home may obtain exemptions from WTW activities; these exemptions are issued on a case-by-case basis. A family that does not obtain an exemption can be subject to sanctions and reductions in cash aid.

CalWORKs recipients who are exempted from WTW may choose to participate voluntarily and to end that participation at any time without loss of eligibility for CalWORKs aid, provided the recipient’s status has not changed in a way that would require participation.

Proposed Law:

This bill would recast and expand specified CalWORKs WTW exemptions. Specifically, this bill would:

• Delete language establishing a one-time exemption for 12 weeks, six months, or 12 months after the birth or adoption of a child, as specified; an exemption for 12 weeks or six months upon the birth or adoption of any subsequent children; and a one-time exemption for having primary responsibility for personally providing care for one child under the age of 24 months;
• Establish as exempt from CalWORKs WTW a parent or other relative who has primary responsibility for personally providing care to a child 24 months of age or under and a pregnant woman who is the sole member of her CalWORKs assistance unit;
• Require a county human services agency to, upon determining that an individual is exempt from WTW activities, provide that individual with a notice that contains information about the exemption and the individual's right to volunteer to participate in WTW activities of the individual's choice and is accompanied by a form for the written WTW plan, as specified, and instructions regarding how to complete the form;
• Require the county human services agency to, upon request, assist any individual choosing to volunteer in selecting and participating in that individual's chosen activities, accessing the supportive services necessary to participate, and completing the plan;
• Require the county human services agency to approve the WTW plan within 30 days of the individual indicating that he or she wishes to volunteer for WTW activities;
• Provide that a recipient who is exempt from WTW activities because they have a child 24 months of age or under may be exempted for a cumulative total of 24 months, which shall not be counted against the 48-month clock, as specified;
• Authorize CDSS to implement the provisions of this bill through an all-county letter or similar instruction by April 1, 2019;
• Specify that no appropriation be made in order to implement the provisions of this bill.

Related Legislation:

SB 1041 (Committee on Budget and Fiscal Review, Chapter 47, Statutes of 2012) among other things, exempted from WTW activities a parent or other relative that has primary responsibility for personally providing care to one child from birth to 23 months as of January 1, 2012, on a one-time basis.

AB X4 4 (Evans, Chapter 4, Statutes of 2009) among other things, exempted parents or caretakers providing primary care to a child age 12 months through 23 months, or two or more children under the age of 6, from participating in WTW activities. This exemption expired on July 1, 2011.

Staff Comments:

Staff notes that this bill would result in fewer CalWORKs recipients being sanctioned and therefore more cash benefit being distributed (which otherwise would have been retained if recipients were sanctioned). There are approximately 400,000 CalWORKs recipients, about half of which are WTW participants, including those with exemptions or sanctions. About 30% of participants have a child under 24 months of age and would be eligible for the new exemption.

There is also a potential for cost savings for a reduction in payment for WTW services for those CalWORKs participants that choose not to participate in WTW activities. These costs savings, however, would likely benefit federal TANF funds rather than state funds.

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SENATE COMMITTEE ON HUMAN SERVICES

Senator Wiener, Chair

2017 - 2018 Regular

Bill No: AB 2326

Subject: CalWORKs: welfare-to-work: exemption.

SUMMARY

This bill recasts and expands California Work Opportunity and Responsibility to Kids (CalWORKs) welfare-to-work (WTW) exemptions that apply to parents or caregivers who have a child 24 months of age or younger and pregnant women who are the sole member of their assistance units, and adopts notification and assistance requirements related to exempt individuals' ability to volunteer for WTW activities.

ABSTRACT

Existing law:

1. Establishes under federal law the Temporary Assistance for Needy Families (TANF) program to provide cash 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 USC 601 et seq., WIC 11200 et seq.)
2. Establishes income, asset, and real property limits used to determine eligibility for the CalWORKs program, including net income below the Maximum Aid Payment (MAP), based on family size and county of residence, which is around 40 percent of the Federal Poverty Level. (WIC 11150 to 11160, 11450 et seq.)
3. Requires all individuals 16 years of age or older, unless they are otherwise exempt, to participate in welfare-to-work (WTW) activities as a condition of eligibility for CalWORKs. (WIC 11320.3, 11322.6)
4. Establishes exemptions to CalWORKs WTW requirements, including, but not limited to, when individual is of under 16 years of age, of advanced age, determined by a doctor to have a disability that significantly impairs the individual's ability to work regularly or participate in WTW activities, is pregnant and has met medical verification requirements, or is providing care for a young child, as specified. (WIC 11320.3 (b))
5. Establishes the number of weekly hours of WTW participation necessary to remain eligible for aid, as specified. (WIC 11322.8)
6. Establishes a 48-month lifetime limit on CalWORKs benefits for eligible adults, including a period beyond the "24-month time clock" during which a recipient must meet federal work requirements in order to retain eligibility. (WIC 11454, 11322.85)
7. Establishes conditions under which a month of receipt of CalWORKs aid shall not be counted against a recipient’s 48-month limit on aid, including, among other conditions, disability, advanced age, or providing care for a young child, as specified. (WIC 11454.5 (a)(7))
8. Stipulates that any individual not required to participate in WTW activities may choose to participate voluntarily and to end that participation at any time without loss of eligibility for CalWORKs aid, if his or her status has not changed in a way that would require participation. (WIC 11320.3 (c))

This bill:

1. Deletes language establishing the following CalWORKs WTW exemptions for parents and relative caregivers of young children, as specified:
   1. A one-time exemption for 12 weeks, six months, or 12 months after the birth or adoption of a child, with the length depending on circumstances and county discretion;
   2. An exemption for 12 weeks or six months, depending on circumstances and county discretion, upon the birth or adoption of any subsequent children; and
   3. A one-time exemption for having primary responsibility for personally providing care for one child under the age of 24 months.
2. Establishes as exempt from CalWORKs WTW requirements the following:
   1. A parent or other relative who has primary responsibility for personally providing care to a child 24 months of age or under; and
   2. A pregnant woman who is the sole member of her CalWORKs assistance unit.
3. Requires a county human services agency to, upon determining that an individual is exempt from WTW activities, provide that individual with a notice that:
   1. Contains information about the exemption and the individual's right to volunteer to participate in WTW activities of the individual's choice; and
   2. Is accompanied by a form for the written WTW plan, as specified, and instructions regarding how to complete the form.
4. Requires the county human services agency to, upon request, assist any individual choosing to volunteer in selecting and participating in that individual's chosen activities, accessing the supportive services necessary to participate, and completing the plan.
5. Requires the county human services agency to approve the WTW plan within 30 days of the individual indicating that he or she wishes to volunteer for WTW activities.
6. Provides that a recipient who is exempt from WTW activities because they have a child 24 months of age or under may be exempted for a cumulative total of 24 months, which shall not be counted against the 48-month clock, as specified.
7. Authorizes the California Department of Social Services (CDSS) to implement the provisions of this bill through an all-county letter or similar instruction by April 1, 2019, as specified.
8. Stipulates that no continuous appropriation shall be made in order to implement the provisions of this bill, as specified.
9. Makes technical changes.

FISCAL IMPACT

According to the Assembly Committee on Appropriations on May 23, 2018, this bill may result in the following:

1. Costs to CDSS of approximately $8 million (General Fund/federal funds) in Fiscal Year 2018-19 and approximately $20 million (General Fund/federal funds) annually ongoing to fund additional grants for cases that use the new exemption. This includes cases that were previously sanctioned for noncompliance and would now be exempt. There are approximately 400,000 CalWORKs recipients, about half of which are WTW participants, including those with exemptions or sanctions. About 30 percent of participants have a child under 24 months of age and would be eligible for the new exemption; and
2. Onetime automation and administrative costs to CDSS and counties to update their systems to reflect the new exemption and to meet the noticing requirements. These costs are unknown, but are likely in the mid hundreds of thousands of dollars (General Fund/federal funds/county funds). The county costs are potentially reimbursable by the state subject to a determination by the Commission on State Mandates.

BACKGROUND AND DISCUSSION

Under current law, CalWORKs recipients who are pregnant or who have infants at home must obtain exemptions from WTW activities. These exemptions are issued on a case-by-case basis. It has been observed that some families have difficulties obtaining exemptions, which can lead to sanctions and reduction of cash aid. This bill provides exemptions for all CalWORKs families with children who are under two years of age and instead allows families to volunteer for those activities, if they choose to do so. “We are empowering families with the ability to choose what is best for their own special circumstance and for the needs of their families,” states the author.

CalWORKs

Federal welfare reform of the mid-1990s created the TANF program at the federal level and led to the establishment of CalWORKs in California. When creating CalWORKs, the Legislature declared its intent that CalWORKs would reduce child poverty in the state, achieve TANF goals, and meet requirements of federal law. As one of California’s largest anti-poverty programs, CalWORKs provides cash assistance to more than 450,000 families and 860,000 children. CalWORKs is funded with a mix of federal TANF money, state, and county funds. CDSS is the designated state agency responsible for program supervision at the state level. The counties are responsible for administering the program at the local level.

In order to be eligible for CalWORKs, families must meet income and asset tests. For example, a family of three living in a higher cost-of-living region could qualify to receive CalWORKs benefits if their monthly adjusted income is no more than $1,342. The same family living in a lower cost-of-living region would qualify if their monthly adjusted income is no more than $1,274. According to the CalWORKs Annual Summary dated February 2018, the average CalWORKs grant in Fiscal Year 2017-18 is projected to be $564 per month. The maximum monthly grant is $714.

In addition to cash assistance, CalWORKs recipients may receive employment-related services aimed at moving children out of poverty and helping families meet basic needs. These services are typically outlined in a WTW plan.

Welfare-to-Work (WTW) Requirements

CalWORKs rules require recipients to perform certain activities as a condition of receiving benefits and limit the time period adults may receive benefits. These activities are outlined in a WTW plan. WTW activities can 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.

Adults may not receive CalWORKs benefits for more than 48 months throughout the entirety of their life. During those 48 months, adults may receive a total of 24 months of WTW services and activities, if they meet program requirements. These activities are designed to promote job readiness and self-sufficiency. After receiving 24 months of WTW services, adult recipients may continue to receive assistance but are required to meet federal weekly requirements in “core activities.” These federal requirements are less flexible and generally have a heavier emphasis on employment, as opposed to education, training, and other activities intended to remove barriers to employment that are permitted during the first 24 months.

WTW Exemptions

CalWORKs recipients may be exempted from participating in WTW for a variety of reasons. Some of these exemptions do not count against the 48-month time limit for aid. The following are some conditions under which a participant may receive an exemption:

• Pregnancy if it has been medically verified that the pregnancy impairs ability to be regularly employed or participate in WTW activities or if the county has determined that participation will not readily lead to employment or that a training activity is not appropriate, as specified;
• domestic violence, but only if participation is detrimental to or unfairly penalizes that individual or his or her family;
• a disability that will last 30 days or more and significantly impair WTW participation;
• providing foster care;
• being less than 16 years of age (or less than 19 years of age and attending school)
• being of advanced age; and
• caring for an infant or young child, as specified.

WTW exemptions that are granted due to a recipient caring for a young child fall into multiple categories, and in some cases, are dependent on county policy and determination. Following are circumstances in which a CalWORKs recipient who is caring for a young child may be exempted from WTW and the time limits for those exemptions:

• A parent or other relative has primary responsibility for personally caring for a child for the first 12 weeks, six months, or 12 months after birth. The duration of the exemption depends on criteria set, and a determination made by the county. A CalWORKs recipient may receive this exemption only once.
• Upon the birth or adoption of a subsequent child, a parent shall be exempt for an additional 12 weeks or six months, depending on the county’s criteria and determination.
• A parent or other relative has primary responsibility for personally caring for a child from birth through 23 months of age (inclusive). A CalWORKs recipient may receive this exemption only once.

CalWORKs recipients who are exempted from WTW may choose to participate voluntarily and to end that participation at any time without loss of eligibility for CalWORKs aid, provided the recipient's status has not changed in a way that would require participation.

Related legislation:

SB 1041 (Senate Committee on Budget and Fiscal Review, Chapter 47, Statutes of 2012) among other things, exempted from WTW activities a parent or other relative that has primary responsibility for personally providing care to one child from birth to 23 months as of January 1, 2013, on a one-time basis.

AB X4 4 (Evans, Chapter 4, Statutes of 2009) among other things, exempted parents or caretakers providing primary care to a child age 12 months through 23 months, or two or more children under the age of 6, from participating in WTW activities. This exemption expired on July 1, 2011.

PRIOR VOTES

POSITIONS

Support:

Western Center on Law and Poverty (Sponsor)

Alliance for Children’s Rights

California Catholic Conference

California Food Policy Advocates

San Diego Hunger Advocacy Network

The Coalition of California Welfare Rights Organizations, Inc.

The National Association of Social Workers

Oppose:

None received

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ASSEMBLY THIRD READING

ATR Bill Id:AB 2326

Author:(Rubio)

As Amended Ver:April 18, 2018

Majority vote

SUMMARY: Recasts and expands California Work Opportunity and Responsibility to Kids (CalWORKs) welfare-to-work exemptions to apply to parents or caregivers who have a child 24 months of age or younger and to pregnant women who are the sole member of their assistance units, and adopts notification and assistance requirements related to exempt individuals' ability to volunteer for welfare-to-work activities.

Specifically, this bill:

1. Deletes language establishing the following CalWORKs welfare-to-work exemptions for parents and certain relative caregivers of young children, as specified:
   1. A one-time exemption for up to12 weeks, six months, or 12 months after the birth or adoption of a child, with the length depending on circumstances and county discretion;
   2. An exemption for up to 12 weeks or six months, depending on circumstances and county discretion, upon the birth or adoption of any subsequent children; and
   3. A one-time exemption for having one child under the age of 24 months.
2. Establishes as exempt from CalWORKs welfare-to-work requirements the following:
   1. A parent or other relative who has primary responsibility for personally providing care to a child 24 months of age or younger; and
   2. A pregnant woman who is the sole member of her assistance unit.
3. Clarifies that an individual who is exempt from welfare-to-work activities for having a child 24 months of age or younger, pursuant to provisions of this bill, shall be limited to having a cumulative total of 24 months not be counted against the 48-month clock, as specified.
4. Requires a county human services agency to, upon determining that an individual is exempt from welfare-to-work activities, provide that individual with a notice that:
   1. Contains information about the exemption and the individual's right to volunteer to participate in welfare-to-work activities of the individual's choice; and
   2. Is accompanied by a form for the written welfare-to-work plan, as specified, and instructions regarding how to complete the form.
5. Requires the county human services agency to, upon request, assist any individual choosing to volunteer in selecting and participating in that individual's chosen activities, accessing the supportive services necessary to participate, and completing the plan.
6. Requires the county human services agency to approve the welfare-to-work plan within 30 days of the individual indicating that he or she wishes to volunteer for welfare-to-work activities.
7. Authorizes the Department of Social Services (DSS) to implement the provisions of this bill through all-county letter or similar instruction, as specified, and requires the all-county letter or similar instruction to be issued by April 1, 2019.
8. Stipulates that no continuous appropriation, as specified, shall be made in order to implement the provisions of this bill.
9. Makes technical changes.

EXISTING LAW:

1. 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 Section (U.S.C.) 601 et seq., Welfare and Institutions Code Section (WIC) 11200 et seq.)
2. Establishes income, asset, and real property limits used to determine eligibility for the CalWORKs 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 11150 to 11160, 11450 et seq.)
3. Establishes a 48-month lifetime limit on CalWORKs benefits for eligible adults, including a period beyond the "24-month time clock" during which a recipient must meet federal work requirements in order to retain eligibility. (WIC 11454, 11322.85)
4. Requires all individuals 16 years of age or older, unless they are otherwise exempt, to participate in welfare-to-work activities as a condition of eligibility for CalWORKs. (WIC 11320.3, 11322.6)
5. 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)
6. Establishes a number of exemptions to CalWORKs welfare-to-work requirements, including, among others, if an individual is of advanced age, determined by a doctor to have a disability that significantly impairs the individual's ability to work regularly or participate in welfare-to-work activities, or is providing care for a young child, as specified. (WIC 11320.3 (b))
7. Delineates conditions under which a month of receipt of CalWORKs aid shall not be counted against an individual's 48-month limit on aid, including, among other conditions, disability, advanced age, or providing care for a young child, as specified. (WIC 11454.5 (a)(7))
8. Stipulates that any individual not required to participate in welfare-to-work activities may choose to participate voluntarily and to end that participation at any time without loss of eligibility for CalWORKs aid under this chapter, if his or her status has not changed in a way that would require participation. (WIC 11320.3 (c))

FISCAL EFFECT: According to the Assembly Appropriations Committee on May 23, 2018, this bill may result in the following costs:

1. Costs to the DSS of approximately $8 million (General Fund/federal funds) in fiscal year 2018-19 and approximately $20 million (General Fund/federal funds) annually ongoing to fund additional grants for cases that use the new exemption. This includes cases that were previously sanctioned for noncompliance and would now be exempt. There are approximately 400,000 CalWORKs recipients, about half of which are welfare-to-work participants, including those with exemptions or sanctions. About 30% of participants have a child under 24 months of age and would be eligible for the new exemption; and
2. Onetime automation and administrative costs to DSS and counties to update their systems to reflect the new exemption and to meet the noticing requirements. These costs are unknown, but are likely in the mid hundreds of thousands of dollars (General Fund/federal funds/county funds). The county costs are potentially reimbursable by the state subject to a determination by the Commission on State Mandates.

COMMENTS:

CalWORKs: CalWORKs is a county-administered public assistance program that is funded in part by the federal TANF block grant and that aims to help children and families meet basic needs and move out of poverty. Families receive cash assistance and have access to a variety of services, including, where applicable, child care, as well as services aimed at addressing mental health needs, substance use disorders, instances of domestic violence, and learning disabilities, among other issues. Parents must develop and participate in a welfare-to-work plan, unless exempted or otherwise not required to participate. The maximum CalWORKs grant for a family of three living in a high cost county, if the family has no other income, is $714 per month. For Fiscal Year 2017-18, the average monthly CalWORKs cash grant is $564 per household. In Fiscal Year 2016-17, the average monthly CalWORKs caseload was 452,770 households, of which 154,005 were single-parent households and 234,766 were households where only the child or children received aid.

The CalWORKs program typically requires recipients to participate in welfare-to-work requirements, which can 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.

SB 1041 (Senate Committee on Budget and Fiscal Review), Chapter 47, Statutes of 2012, adopted a number of changes to the CalWORKs program, including the establishment of the 24-month time clock. While most adult recipients are expected to participate in welfare-to-work activities during the up to 48 months for which they may receive assistance, those participation requirements can include a broad range of activities for 24 of those 48 months, such as employment, training, education, and mental health, domestic violence, and substance abuse services. Typically, after this 24-month time clock "runs out," recipients are expected to meet the less-flexible federal TANF requirements in order to remain eligible for aid. A CalWORKs recipient who does not meet his or her welfare-to-work requirements and is not exempt from them is subject to sanction, which results in that individual's portion of the family's grant being subtracted from the total grant amount provided to the family to meet basic needs.

Young child and pregnancy exemptions: CalWORKs participants may be granted exemptions which excuse them from welfare-to-work requirements for a variety of reasons; a number of these exemptions also do not count against the 48-month time limit for aid. A participant may receive an exemption due to: pregnancy; domestic violence; a disability that will last 30 days or more and significantly impair welfare-to-work participation; lack of CalWORKs funds for support services necessary to facilitate participation in work; being a full-time Volunteers in Service to America (VISTA) volunteer; providing foster care; being less than 16 years of age (or less than 19 years of age and attending school) or more than 60 years of age; living on tribal land; having limited access to services and training opportunities; and caring for an infant or young child.

Regarding young-child exemptions, current law exempts from participation in welfare-to-work activities a parent or other relative who has primary responsibility for personally caring for a child for the first 12 weeks, six months, or 12 months after birth, with the length of time of the exemption depending on criteria set, and a determination made, by the county. An individual may receive this exemption only once, but shall, upon the birth or adoption of a subsequent child, be exempt for an additional 12 weeks (or six months, based on a county’s criteria and determination). Additionally, as of January 1, 2013, and in addition to other available exemptions, a parent or other relative who has primary responsibility for personally caring for a child from birth through 23 months of age may be exempted on a one-time basis from participation in welfare-to-work activities. Current law also exempts from participation in welfare-to-work activities a woman who is pregnant and who has had it medically verified that her pregnancy may impede participation, or for whom the county has determined that participation will not readily lead to employment or that a training activity is not appropriate. (The 2009 Human Services Budget Trailer Bill (AB X4 4 (Evans), Chapter 4, Statutes of 2009) also adopted an exemption for a parent or other relative who had primary responsibility for personally providing care to one child between 12 to 23 months of age, or two or more children who under six years of age; this exemption was ended as of January 1, 2013.)

Despite being exempted from welfare-to-work activities, CalWORKs recipients may choose to participate voluntarily and to end that participation at any time without loss of eligibility for CalWORKs aid, provided the recipient's status has not changed in a way that would require participation.

Need for this bill: According to the author, "As the chair of the Human Services Committee, I am proud to be the champion for [this bill]. As numerous studies have demonstrated, infancy is an important time for brain development. Thus this bill comes in acknowledgement of the important role we know early bonding time can have on a child’s long-term health. By exempting CalWORKs families with children under two from welfare-to-work activities and instead providing them with the option of volunteering, we are empowering families with the ability to choose what is best for their own special circumstance and for the needs of their families."

Analysis Prepared by: Daphne Hunt / HUM. S. / (916) 319-2089 FN: 0003212

Date of Hearing: May 23, 2018

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 2326

Author:(Rubio) – As Amended Ver:April 18, 2018

Urgency: No State Mandated Local Program: Yes Reimbursable: Yes

SUMMARY:

This bill recasts and expands California Work Opportunity and Responsibility to Kids (CalWORKs) welfare-to-work exemptions to apply to parents or caregivers who have a child 24 months of age or younger and to pregnant women who are the sole member of their assistance units. Specifically, this bill:

1. Deletes language establishing the following CalWORKs welfare-to-work exemptions for parents and certain relative caregivers of young children:
   1. A one-time exemption for up to12 weeks, six months, or 12 months after the birth or adoption of a child, with the length depending on circumstances and county discretion.
   2. An exemption for up to 12 weeks or six months, depending on circumstances and county discretion, upon the birth or adoption of any subsequent children.
   3. A one-time exemption for having one child under the age of 24 months.
2. Establishes as exempt from CalWORKs welfare-to-work requirements the following:
   1. A parent or other relative who has primary responsibility for personally providing care to a child 24 months of age or younger.
   2. A pregnant woman who is the sole member of her assistance unit.
3. Clarifies that an individual who is exempt from welfare-to-work activities for having a child 24 months of age or younger, pursuant to provisions of this bill, is limited to having a cumulative total of 24 months not be counted against the 48-month clock, as specified.
4. Requires a county human services agency to, upon determining that an individual is exempt from welfare-to-work activities, provide that individual with information about the exemption, including the option to volunteer for welfare-to-work activities, and a form for the written welfare-to-work plan.

FISCAL EFFECT:

1. Costs to the Department of Social Services (DSS) of approximately $8 million (GF/federal funds) in FY 2018-19 and approximately $20 million (GF/federal funds) annually ongoing to fund additional grants for cases that use the new exemption. This includes cases that were previously sanctioned for noncompliance and would now be exempt. There are approximately 400,000 CalWORKs recipients, about half of which are welfare-to-work participants, including those with exemptions or sanctions. About 30% of participants have a child under 24 months of age and would be eligible for the new exemption.
2. Onetime automation and administrative costs to DSS and counties to update their systems to reflect the new exemption and to meet the noticing requirements. These costs are unknown, but are likely in the mid hundreds of thousands of dollars (GF/federal funds/county funds). The county costs are potentially reimbursable by the state subject to a determination by the Commission on State Mandates.

COMMENTS:

1. Purpose. This bill seeks to improve a child’s long-term health by providing very young children on CalWORKs early bonding time with their parents or caregivers. According to the author:

By exempting CalWORKs families with children under two from welfare-to-work activities and instead providing them with the option of volunteering, we are empowering families with the ability to choose what is best for their own circumstance and for the needs of their families.

1. Background. CalWORKs is a county-administered public assistance program that aims to help children and families meet basic needs and move out of poverty. Families receive cash assistance for up to 48 months and have access to a variety of services, including child care. Parents must develop and participate in a welfare-to-work plan, unless exempted or otherwise not required to participate. Welfare-to-work requirements can include public or private sector subsidized or unsubsidized employment; on-the-job training; community service; and secondary school, adult basic education and vocational education and training, among other options.

Most adult recipients are expected to participate in welfare-to-work activities during the up to 48 months for which they may receive assistance. A CalWORKs recipient who does not meet their welfare-to-work requirements and is not exempt from them is subject to sanction, which results in a family’s grant being reduced by that individual’s amount of the grant.

CalWORKs participants may be granted exemptions which excuse them from welfare-to-work requirements for a variety of reasons. Current law exempts from participation a parent or other relative who has primary responsibility for personally caring for a child for the first 12 weeks, six months, or 12 months after birth, with the length of time depending on criteria set, and a determination made, by the county. An individual may receive this exemption only once, but can, upon the birth or adoption of a subsequent child, be exempt for an additional 12 weeks (or six months, based on a county’s criteria and determination). As of January 1, 2013, and in addition to other available exemptions, a parent or other relative who has primary responsibility for personally caring for a child from birth through 23 months of age may be exempted on a one-time basis from participation in welfare-to-work activities. Current law also exempts a woman who is pregnant and who has medical verification that her pregnancy may impede participation, or for whom the county has determined that participation is not appropriate.

This bill deletes these exemption criteria and replaces them with criteria that more easily exempt parents and caregivers of very young children from welfare-to-work requirements.

1. Prior Legislation.

SB 1041, (Senate Committee on Budget and Fiscal Review), Chapter 47, Statutes of 2012, among a number of other things, as of January 1, 2013, exempted from welfare-to-work activities, on a one-time basis, a parent or other relative that has primary responsibility for personally providing care to one child from birth to 23 months.

AB X4 4 (Evans), Chapter 4, Statutes of 2009, among a number of other things, exempted parents or caretakers providing primary care to a child age 12 months through 23 months, or two or more children under the age of 6, from participating in welfare-to-work activities.

Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081

Date of Hearing: April 24, 2018

ASSEMBLY COMMITTEE ON HUMAN SERVICES

Blanca Rubio, Chair

ABPCA Bill Id:AB 2326 (

Author:Rubio) – As Amended Ver:April 18, 2018

SUBJECT: CalWORKs: welfare-to-work: exemption

SUMMARY: Recasts and expands California Work Opportunity and Responsibility to Kids (CalWORKs) welfare-to-work exemptions to apply to parents or caregivers who have a child 24 months of age or younger and to pregnant women who are the sole member of their assistance units, and adopts notification and assistance requirements related to exempt individuals’ ability to volunteer for welfare-to-work activities.

Specifically, this bill:

1. Deletes language establishing the following CalWORKs welfare-to-work exemptions for parents and certain relative caregivers of young children, as specified:
   1. A one-time exemption for up to12 weeks, six months, or 12 months after the birth or adoption of a child, with the length depending on circumstances and county discretion;
   2. An exemption for up to 12 weeks or six months, depending on circumstances and county discretion, upon the birth or adoption of any subsequent children; and
   3. A one-time exemption for having one child under the age of 24 months.
2. Establishes as exempt from CalWORKs welfare-to-work requirements the following:
   1. A parent or other relative who has primary responsibility for personally providing care to a child 24 months of age or younger; and
   2. A pregnant woman who is the sole member of her assistance unit.
3. Clarifies that an individual who is exempt from welfare-to-work activities for having a child 24 months of age or younger, pursuant to provisions of this bill, shall be limited to having a cumulative total of 24 months not be counted against the 48-month clock, as specified.
4. Requires a county human services agency to, upon determining that an individual is exempt from welfare-to-work activities, provide that individual with a notice that:
   1. Contains information about the exemption and the individual’s right to volunteer to participate in welfare-to-work activities of the individual’s choice; and
   2. Is accompanied by a form for the written welfare-to-work plan, as specified, and instructions regarding how to complete the form.
5. Requires the county human services agency to, upon request, assist any individual choosing to volunteer in selecting and participating in that individual’s chosen activities, accessing the supportive services necessary to participate, and completing the plan.
6. Requires the county human services agency to approve the welfare-to-work plan within 30 days of the individual indicating that he or she wishes to volunteer for welfare-to-work activities.
7. Authorizes DSS to implement the provisions of this bill through all-county letter or similar instruction, as specified, and requires the all-county letter or similar instruction to be issued by April 1, 2019.
8. Stipulates that no continuous appropriation, as specified, shall be made in order to implement the provisions of this bill.
9. Makes technical changes.

EXISTING LAW:

1. 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.)
2. Establishes income, asset, and real property limits used to determine eligibility for the CalWORKs 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 11150 to 11160, 11450 et seq.)
3. Establishes a 48-month lifetime limit on CalWORKs benefits for eligible adults, including a period beyond the “24-month time clock” during which a recipient must meet federal work requirements in order to retain eligibility. (WIC 11454, 11322.85)
4. Requires all individuals 16 years of age or older, unless they are otherwise exempt, to participate in welfare-to-work activities as a condition of eligibility for CalWORKs.

(WIC 11320.3, 11322.6)

1. 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)
2. Establishes a number of exemptions to CalWORKs welfare-to-work requirements, including, among others, if an individual is of advanced age, determined by a doctor to have a disability that significantly impairs the individual’s ability to work regularly or participate in welfare-to-work activities, or is providing care for a young child, as specified. (WIC 11320.3 (b))
3. Delineates conditions under which a month of receipt of CalWORKs aid shall not be counted against an individual’s 48-month limit on aid, including, among other conditions, disability, advanced age, or providing care for a young child, as specified. (WIC 11454.5 (a)(7))
4. Stipulates that any individual not required to participate in welfare-to-work activities may choose to participate voluntarily and to end that participation at any time without loss of eligibility for CalWORKs aid under this chapter, if his or her status has not changed in a way that would require participation. (WIC 11320.3 (c))

FISCAL EFFECT: Unknown.

COMMENTS:

CalWORKs: CalWORKs is a county-administered public assistance program that is funded in part by the federal TANF block grant and that aims to help children and families meet basic needs and move out of poverty. Families receive cash assistance and have access to a variety of services, including, where applicable, child care, as well as services aimed at addressing mental health needs, substance use disorders, instances of domestic violence, and learning disabilities, among other issues. Parents must develop and participate in a welfare-to-work plan, unless exempted or otherwise not required to participate. The maximum CalWORKs grant for a family of three living in a high cost county, if the family has no other income, is $714 per month. For Fiscal Year 2017-18, the average monthly CalWORKs cash grant is $564 per household. In Fiscal Year 2016-17, the average monthly CalWORKs caseload was 452,770 households, of which 154,005 were single-parent households and 234,766 were households where only the child or children received aid.

The CalWORKs program typically requires recipients to participate in welfare-to-work requirements, which can 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.

SB 1041 (Senate Committee on Budget and Fiscal Review), Chapter 47, Statutes of 2012, adopted a number of changes to the CalWORKs program, including the establishment of the 24-month time clock. While most adult recipients are expected to participate in welfare-to-work activities during the up to 48 months for which they may receive assistance, those participation requirements can include a broad range of activities for 24 of those 48 months, such as employment, training, education, and mental health, domestic violence, and substance abuse services. Typically, after this 24-month time clock “runs out,” recipients are expected to meet the less-flexible federal TANF requirements in order to remain eligible for aid. A CalWORKs recipient who does not meet his or her welfare-to-work requirements and is not exempt from them is subject to sanction, which results in that individual’s portion of the family’s grant being subtracted from the total grant amount provided to the family to meet basic needs.

Young child and pregnancy exemptions: CalWORKs participants may be granted exemptions which excuse them from welfare-to-work requirements for a variety of reasons; a number of these exemptions also do not count against the 48-month time limit for aid. A participant may receive an exemption due to: pregnancy; domestic violence; a disability that will last 30 days or more and significantly impair welfare-to-work participation; lack of CalWORKs funds for support services necessary to facilitate participation in work; being a full-time Volunteers in Service to America (VISTA) volunteer; providing foster care; being less than 16 years of age (or less than 19 years of age and attending school) or more than 60 years of age; living on tribal land; having limited access to services and training opportunities; and caring for an infant or young child.

Regarding young-child exemptions, current law exempts from participation in welfare-to-work activities a parent or other relative who has primary responsibility for personally caring for a child for the first 12 weeks, six months, or 12 months after birth, with the length of time of the exemption depending on criteria set, and a determination made, by the county. An individual may receive this exemption only once, but shall, upon the birth or adoption of a subsequent child, be exempt for an additional 12 weeks (or six months, based on a county’s criteria and determination). Additionally, as of January 1, 2013, and in addition to other available exemptions, a parent or other relative who has primary responsibility for personally caring for a child from birth through 23 months of age may be exempted on a one-time basis from participation in welfare-to-work activities. Current law also exempts from participation in welfare-to-work activities a woman who is pregnant and who has had it medically verified that her pregnancy may impede participation, or for whom the county has determined that participation will not readily lead to employment or that a training activity is not appropriate. (The 2009 Human Services Budget Trailer Bill (AB X4 4 (Evans), Chapter 4, Statutes of 2009) also adopted an exemption for a parent or other relative who had primary responsibility for personally providing care to one child between 12 to 23 months of age, or two or more children who under six years of age; this exemption was ended as of January 1, 2013.)

Despite being exempted from welfare-to-work activities, CalWORKs recipients may choose to participate voluntarily and to end that participation at any time without loss of eligibility for CalWORKs aid, provided the recipient’s status has not changed in a way that would require participation.

Need for this bill: According to the author, “As the chair of the Human Services Committee, I am proud to be the champion for [this bill]. As numerous studies have demonstrated, infancy is an important time for brain development. Thus this bill comes in acknowledgement of the important role we know early bonding time can have on a child’s long-term health. By exempting CalWORKs families with children under two from welfare-to-work activities and instead providing them with the option of volunteering, we are empowering families with the ability to choose what is best for their own special circumstance and for the needs of their families.”

PRIOR LEGISLATION:

SB 1041, (Senate Committee on Budget and Fiscal Review), Chapter 47, Statutes of 2012, among a number of other things, as of January 1, 2013, exempted from welfare-to-work activities, on a one-time basis, a parent or other relative that has primary responsibility for personally providing care to one child from birth to 23 months.

AB X4 4 (Evans), Chapter 4, Statutes of 2009, among a number of other things, exempted parents or caretakers providing primary care to a child age 12 months through 23 months, or two or more children under the age of 6, from participating in welfare-to-work activities.

REGISTERED SUPPORT / OPPOSITION:

Support

Alliance for Children’s Rights

Asian Law Alliance

California Catholic Conference

California Food Policy Advocates

Child Care Law Center

Children’s Defense Fund – California

Coalition of California Welfare Rights Organizations, sponsor

Food for People, the Food Bank for Humboldt County

Hunger Action Los Angeles

National Association of Social Workers, CA Chapter

Orange County Food Access Coalition

San Diego Hunger Advocacy Network

Opposition

None on file.

Analysis Prepared by: Daphne Hunt / HUM. S. / (916) 319-2089