AB 910: CalWORKs: welfare-to-work activities: hours.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2017-09-27
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 families to be grouped into assistance units for purposes of determining eligibility and computing the amount of CalWORKs aid to be paid.
Existing law establishes a 48-month lifetime limit of CalWORKs benefits for eligible adults, as specified. Under existing law, a recipient of CalWORKs is required to participate in certain welfare-to-work activities for a specified number of hours each week as a condition of eligibility for aid for 24 cumulative months, as specified, and to meet other federal requirements afterwards, as specified. Existing law exempts a person with a disability, as specified, from participation in welfare-to-work activities.
This bill would, commencing July 1, 2018, 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. The bill would also provide that the hour requirement is an average of at least 20 hours per week during the month for a pregnant woman receiving CalWORKs benefits during the above-described 24 months, and an average of at least 30 hours per week during the month after the 24 months, if the assistance unit consists only of that pregnant woman.
This bill would require the State Department of Social Services to issue an all-county letter or similar instructions, and to adopt regulations to implement the provisions of the bill no later than July 1, 2020.
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.
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 families to be grouped into assistance units for purposes of determining eligibility and computing the amount of CalWORKs aid to be paid.
Existing law establishes a 48-month lifetime limit of CalWORKs benefits for eligible adults, as specified. Under existing law, a recipient of CalWORKs is required to participate in certain welfare-to-work activities for a specified number of hours each week as a condition of eligibility for aid for 24 cumulative months, as specified, and to meet other federal requirements afterwards, as specified. Existing law exempts a person with a disability, as specified, from participation in welfare-to-work activities.
This bill would, commencing July 1, 2018, 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. The bill would also provide that the hour requirement is an average of at least 20 hours per week during the month for a pregnant woman receiving CalWORKs benefits during the above-described 24 months, and an average of at least 30 hours per week during the month after the 24 months, if the assistance unit consists only of that pregnant woman.
This bill would require the State Department of Social Services to issue an all-county letter or similar instructions, and to adopt regulations to implement the provisions of the bill no later than July 1, 2020.
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.
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, 2018, 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.UnderExisting law establishes a 48-month lifetime limit of CalWORKs benefits for eligible adults, as specified. Under existing law, a recipient of CalWORKs is required to participate in certain welfare-to-work activities for a specified number of hours each week as a condition of eligibility for aid. aid for 24 cumulative months, as specified, and to meet other federal requirements afterwards, as specified. Existing law exempts a person with a disability, as specified, from participation in welfare-to-work activities.
This bill would, commencing July 1, 2018, 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. The bill would also provide that the hour requirement is an average of at least 20 hours per week during the month for a pregnant woman receiving CalWORKs benefits during the above-described 24 months, and an average of at least 30 hours per week during the month after the 24 months, if the assistance unit consists only of that pregnant woman.
This bill would require the State Department of Social Services to issue an all-county letter or similar instructions instructions, and to adopt regulations to implement the provisions of the bill by no later than July 1, 2020.
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 the statutory provisions noted above.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, 2018, 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, 2018, 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 State Department of Social Services to issue an all-county letter or similar instructions and to adopt regulations to implement the provisions of the bill by July 1, 2020.
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 the statutory provisions noted above.
Existing federal law provides for the 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.This bill would state the intent of the Legislature to enact legislation to ensure that living with a spouse or otherwise cohabiting living arrangements do not affect CalWORKs benefits.Existing federal law provides for the 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.
This bill would state the intent of the Legislature to enact legislation to ensure that living with a spouse or otherwise cohabiting living arrangements do not affect CalWORKs benefits.
(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, 2018, and, as of January 1, 2019, is repealed.
SEC. 2.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 adult recipient is an unemployed parent, as defined in Section 11201, except as provided in paragraphs (1) and (2). However, both parents in a two-parent assistance unit 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 adult recipient is an unemployed parent, as defined in Section 11201, 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, 2018.
SEC. 3.(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, 2020.
SEC. 4.No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of implementing this act.
(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, 2018, and, as of January 1, 2019, is repealed.
SEC. 2.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 adult recipient is an unemployed parent, as defined in Section 11201, except as provided in paragraphs (1) and (2). However, both parents in a two-parent assistance unit 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 adult recipient is an unemployed parent, as defined in Section 11201, 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, 2018.
SEC. 3.(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, 2020.
SEC. 4.No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of implementing this act.
(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, 2018, and, as of January 1, 2019, is repealed.
SEC. 9.SEC. 2.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, week, if the adult recipient is an unemployed parent, as defined in Section 11201, except as provided in paragraphs (1) and (2). However, both adults parents in a two-parent assistance unit 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, week, if the adult recipient is an unemployed parent, as defined in Section 11201, 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, 2018.
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, 2018, and, as of January 1, 2019, 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 45 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, 2018.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, 2018, and, as of January 1, 2019, 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, 2018.SEC. 14.SEC. 3.(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, 2020.
SEC. 15.SEC. 4.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. CORRECTIONS: DigestPage 2.This act shall be known, and may be cited, as the CalWORKs Family Unity Act of 2017.
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, 2018, and, as of January 1, 2019, 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, 2018.
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, 2018, and, as of January 1, 2019, 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, 2018.
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 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, 2018, and, as of January 1, 2019, 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, 2018.
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, 2018, and, as of January 1, 2019, 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, 2018.
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)) 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, 2018, and, as of January 1, 2019, 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 45 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, 2018.
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, 2018, and, as of January 1, 2019, 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, 2018.
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, 2020.
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.
SECTION 1.It is the intent of the Legislature to enact legislation to ensure that living with a spouse or otherwise cohabiting living arrangements do not affect CalWORKs benefits.It is the intent of the Legislature to enact legislation to ensure that living with a spouse or otherwise cohabiting living arrangements do not affect CalWORKs benefits.
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Date
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Status
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| Sep 27, 2017 | Chaptered by Secretary of State - Chapter 318, Statutes of 2017. |
| Sep 27, 2017 | Approved by the Governor. |
| Sep 19, 2017 | Enrolled and presented to the Governor at 3 p.m. |
| Sep 11, 2017 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Aug 31, 2017 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 2 pursuant to Assembly Rule 77. |
| Aug 31, 2017 | Read third time. Passed. Ordered to the Assembly. |
| Aug 22, 2017 | Read second time. Ordered to third reading. |
| Aug 21, 2017 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8. |
| Jul 12, 2017 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (July 11). Re-referred to Com. on APPR. |
| Jul 6, 2017 | Measure version as amended on July 5 corrected. |
| Jul 5, 2017 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HUMAN S. |
| Jun 14, 2017 | Referred to Com. on HUMAN S. |
| Jun 1, 2017 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 31, 2017 | Read third time. Passed. Ordered to the Senate. (Ayes 66. Noes 2. Page 1980.) |
| May 30, 2017 | Read second time. Ordered to third reading. |
| May 26, 2017 | From committee: Do pass. (Ayes 13. Noes 3.) (May 26). |
| Apr 26, 2017 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 5, 2017 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 4). Re-referred to Com. on APPR. |
| Mar 22, 2017 | Re-referred to Com. on HUM. S. |
| Mar 21, 2017 | From committee chair, with author's amendments: Amend, and re-refer to Com. on HUM. S. Read second time and amended. |
| Mar 20, 2017 | Referred to Com. on HUM. S. |
| Feb 17, 2017 | From printer. May be heard in committee March 19. |
| Feb 16, 2017 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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| Sep 11, 2017 | AB 910 RIDLEY-THOMAS Concurrence in Senate Amendments | Assembly Floor |
Passed |
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| Aug 31, 2017 | Assembly 3rd Reading AB910 Ridley-Thomas By Nguyen | Senate Floor |
Passed |
|
| Jul 11, 2017 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Human Services |
Passed |
|
| May 31, 2017 | AB 910 RIDLEY-THOMAS Assembly Third Reading | Assembly Floor |
Passed |
|
| May 26, 2017 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 4, 2017 | 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
|
|---|---|---|
| Coalition of California Welfare Rights Organizations | ** Support | Mar 31, 2017 |
| Legal Aid Society of San Diego | ** Support | Mar 31, 2017 |
| National Association Of Social Workers, California Chapter | ** Support | Aug 23, 2017 |
| Neighborhood Legal Services of Los Angeles County | ** Support | Mar 31, 2017 |
| western center on law and poverty | ** Support | Aug 23, 2017 |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 910
Author:(Ridley-Thomas)
As Amended Ver:July 5, 2017
Majority vote
ASSEMBLY: | 66-2 | (May 31, 2017) | SENATE: | 38-0 | (August 31, 2017) |
Original Committee Reference: HUM. S.
SUMMARY: Clarifies California Work Opportunity and Responsibility to Kids (CalWORKs) welfare-to-work requirements for assistance units with two parents where one parent is living with disabilities and for assistance units consisting solely of a pregnant woman.
Specifically, this bill:
- Clarifies that the 30-hour-per-week welfare-to-work requirement applies to assistance units with two parents if one is living with disabilities, as specified.
- Clarifies that the welfare-to-work requirement is 20 hours per week for a pregnant woman receiving CalWORKs benefits during the 24-month welfare-to-work time clock, if the assistance unit consists of only that pregnant woman, and 30 hours per week after the 24-month clock.
- Requires The Department of Social Services (DSS) to implement the provisions of this bill through an all-county letter or similar instructions from the director and further, requires DSS to adopt regulations as necessary to implement the provisions of this bill by July 1, 2020.
- Makes the provisions of this bill effective on July 1, 2018.
- Provides that no continuous appropriation for public assistance, as specified, shall be made to implement the provisions of this bill.
The Senate amendments:
- Delete provisions removing the "deprivation standard" used to determine the eligibility of two-parent families for CalWORKs (this standard includes the requirement that a parent, for purposes of establishing that a child is deprived of parental support or care due to unemployment, has worked less than 100 hours in the previous four weeks and met the requirements regarding an unemployed parent found in federal regulations), and delete conforming and technical changes related to this removal of the standard, as specified.
- Delete language that removes consideration of the state deprivation standard for determining a minor dependent's or nonminor dependent's eligibility for Aid to Families with Dependent Children-Foster Care (AFDC-FC) funds, and delete language tying eligibility to standards in federal regulations, as specified.
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 Section (U.S.C.) 601 et seq., Welfare and Institutions Code Section (Welfare and Institutions Code (WIC) Section 11200 et seq.)
- 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 Sections 11150 to 11160, 11450 et seq.)
- Establishes a 48-month lifetime limit on CalWORKs benefits for eligible adults, including a period beyond the "24 month clock" during which a recipient must meet federal work requirements in order to retain eligibility. (WIC Sections 11454, 11322.85)
- 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 Sections 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 Section 11322.8)
- 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)
FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by the Legislative Counsel.
COMMENTS:
Welfare-to-Work requirements and the 24-month time clock: 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 with a child under the age of six must participate for 20 hours per week in welfare-to-work activities, single parent adults with no children under six years old must participate for at least 30 hours per week in welfare-to-work activities, and the minimum participation requirement for two-parent families is 35 hours per week.
SB 1041 (Budget and Fiscal Review Committee), 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. After this 24-month time clock "runs out," recipients must meet the less-flexible federal TANF requirements in order to remain eligible for aid. Failure to meet the welfare-to-work requirements per either set of permissible activities can result in a recipient being 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.
The 24-month clock does not have to "tick" off consecutively; that is, a recipient may have the clock "stopped" for a number of reasons, including the establishment of good cause for not participating or due to participation in certain activities such as job search or the development of a new welfare-to-work plan. Additionally, counties have the authority to grant extensions to the 24-month time clock to up to 20% of their caseload of adult CalWORKs recipients who have been participating for between 24 and 48 months.
According to the Department of Social Services (DSS), "Current data indicates that the vast majority of CalWORKs recipients subject to the welfare-to-work 24-month time clock have months remaining on their clocks. However, it appears that the number of CalWORKs recipients who will have months "tick" and/or exhaust their welfare-to-work 24-month time clock will increase in the next 12 months." DSS estimates that, in fiscal year 2016-17, an average of 1,460 cases per month will reach the end of their 24-month time clock. In fiscal year 2017-18, DSS places this estimate at an average of 4,120 cases per month. DSS further estimates that, "of the cases that utilize their entire welfare-to-work 24-month time clock, 20% will receive an extension and 36% will begin meeting work requirements. The remaining 44% will enter the noncompliance process and have an adult(s) removed from aid. It is anticipated that 430 average monthly cases will be removed from aid in Fiscal Year (FY) 2016-17 and 740 will be removed from aid in FY 2017-18."
Welfare-to-work requirements for childless pregnant women and two-parent assistance units where one parent is living with disabilities: DSS All-County Letter 16-21, dated April 15, 2016, specifies welfare-to-work requirements for "pregnant woman-only" (PWO) assistance units (i.e., assistance units consisting solely of a pregnant woman). This letter states that:
"Unless qualified for a [welfare-to-work] exemption, a PWO client who has time remaining on the [welfare-to-work] 24-Month Time Clock (WTW 24-MTC) has an average weekly participation requirement of 20 hours to meet CalWORKs minimum standards."
After the 24-month clock has run out, CalWORKs participants must meet federal TANF requirements. All-County Letter No. 16-21 states that:
"…a PWO client has an average weekly participation requirement of 30 hours, 20 of which must be in core activities, to meet CalWORKs federal standards."
As stated earlier, non-exempt single parent adults with a child under the age of six must participate for 20 hours per week in welfare-to-work activities, single parent adults with no children under six years old must participate for at least 30 hours per week in welfare-to-work activities, and the minimum participation requirement for two-parent families is 35 hours per week. However, DSS All-County Letter 14-16, dated February 5, 2014, states that:
"…two-parent [assistance units] that include an adult who is exempt from [welfare-to-work] due to disability (where the basis for deprivation is incapacity) are considered single parent [assistance units] for [welfare-to-work] participation during the [welfare-to-work] 24-Month Time Clock period and required to participate for 20 or 30 hours per week, based on the age of the children…"
Need for this bill: According to the author and the sponsors (the Western Center on Law and Poverty and the Coalition of California Welfare Rights Organizations), this bill codifies existing practice and guidance from DSS.
The author states that, "This bill codifies the CalWORKs welfare-to-work requirements by requiring a statewide consensus on eligibility hours for households regarding childless pregnant women and two-parent families with one parent who is disabled. [This bill] will require 20 hours per week for pregnant women and provides that the 30 hour per week applies to a two family household if one is living with a disability. Setting reasonable work standards that families can meet will allow them to get back on their feet."
The sponsors state that, "By codifying existing rules for pregnant women and for two-parent families with one parent who is disabled, [this bill] will prevent confusion about the rules and the chances that people complying with the welfare-to-work rules are not errantly removed from the program. These changes will make the program more administratively simple and improve access to vital work supports for working CalWORKs families."
Analysis Prepared by: Daphne Hunt / HUM. S. / (916) 319-2089 FN: 0001415
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 910 |
THIRD READING
Bill No: AB 910
Amended: 7/5/17
SENATE HUMAN SERVICES COMMITTEE: 7-0, 7/11/17
AYES: Wiener, Berryhill, Glazer, Leyva, McGuire, Nguyen, Portantino
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 66-2, 5/31/17 - See last page for vote
SUBJECT: CalWORKs: welfare-to-work activities: hours
SOURCE: Western Center on Law and Poverty
DIGEST:
This bill establishes Welfare-to-Work (WTW) requirements for California Work Opportunity and Responsibility to Kids (CalWORKs) assistance units that include an adult who is disabled and for childless pregnant women, as specified.
Existing law:
- Establishes the federal Temporary Assistance for Needy Families (TANF) program, which permits states to implement the program under a state plan. (42 USC 601 et seq.)
- Establishes in state law the CalWORKs program to provide cash assistance and other social services for low-income families through the federal TANF program. Under CalWORKs, each county provides assistance through a combination of state, county and federal TANF funds. (WIC 10530, 11200)
- Establishes a 48-month lifetime limit on CalWORKs benefits for eligible adults, including a “24-month time clock” (24 cumulative, but not necessarily consecutive, months) during which a recipient has a broader range of permissible activities in which he or she can participate, and after which, a recipient must meet the more stringent 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 WTW activities as a condition of eligibility for CalWORKs. (WIC 11320.3)
- Establishes qualifying WTW activities to include employment, on-the-job training, community service, adult basic education, and other specified activities, and requires a specified number of weekly hours of welfare-to-work participation to remain eligible for aid. (WIC 11322.6)
- Establishes the number of weekly hours of WTW participation necessary to remain eligible for aid, as specified. (WIC 11322.8)
This bill:
- Requires an adult in a CalWORKs assistance unit that includes two adults, one of whom is disabled, to participate in WTW activities for the same number of weekly hours as an adult in an assistance unit that includes only one adult as follows:
- If the recipient is participating in WTW activities within the 24-month clock, the recipient must:
- Average at least 20 hours of WTW activities per week if the assistance unit includes a child less than six years of age.
- Average at least 30 hours of WTW activities per week if the assistance unit does not include a child less than six years of age.
- If the recipient is participating in WTW after exhausting the 24-month clock, the recipient must average at least 30 hours of WTW activities per week, regardless of whether the assistance unit includes a child under six years of age.
- If the recipient is participating in WTW activities within the 24-month clock, the recipient must:
- Requires a childless pregnant woman receiving CalWORKs benefits to average at least 20 hours per week of WTW activities during the 24-month WTW timeclock, and 30 hours per week after the 24-month clock expires.
- Requires the California Department of Social Services (CDSS) to implement the provisions of this bill through an all-county letter or similar instructions from the director and, further, requires CDSS to adopt regulations as necessary to implement the provisions of this bill by July 1, 2020.
- Makes the provisions of this bill effective on July 1, 2018.
Background
WTW requirements for some recipients or applicants may be applied unevenly due to lack of clarity in the law. This bill seeks to clarify and codify requirements for childless women who are pregnant and for families in which one parent is disabled. According to the author, AB 910 “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.”
CalWORKs. The CalWORKs program is one of California’s largest anti-poverty programs. It provides cash assistance to approximately 500,000 families – including more than 1 million children, about 156,000 of whom are under the age of three. The CalWORKs program provides monthly cash assistance and employment-related services aimed at moving children out of poverty and helping families meet basic needs. The CalWORKs program 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 caseloads at the local level.
In order to be eligible for CalWORKs, families must meet income and asset tests. For example, a family of three would qualify if their monthly income is no more than $1,282. According to the CalWORKs Annual Summary dated January 2017, the average CalWORKs grant in Fiscal Year 2016-17 was $514 per month.
Welfare-to-Work Requirements. Under the CalWORKs program rules, adults may not receive CalWORKs benefits for more than 48-months throughout the entirety of their lifetime. 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. WTW activities include subsidized and unsubsidized employment, community service, adult basic education, community college, job skills, training, mental health counseling, substance abuse treatment and other activities necessary to assist recipients in obtaining employment.
Unless they are exempt, single parent adults with a child under the age of 6 must participate in welfare-to-work activities for 20 hours per week; single parent adults who do not have any children under 6 years old must participate for at least 30 hours per week in welfare-to-work activities; and the minimum participation requirement for two-parent families is 35 hours per week.
According to CDSS, the 35-hour requirement does not apply to a two-parent household that includes an adult who is exempt due to disability. In this circumstance, the adult who is not disabled is required to participate for 30 hours per week, of which 20 hours must be in core activities.
CDSS issued All County Letter 16-21, which provides guidance on WTW requirements for assistance units that include pregnant women with no children. Per the ACL 16-21, “Although state statute provides specific guidance on the average weekly participation requirements for one and two-parent assistance units that include children, state law is silent on the participation requirement for pregnant women only assistance units.”
Pursuant to All County Letter 16-21, a pregnant woman with no children within a CalWORKs assistance unit who has time remaining on the 24-month clock is required to participate in WTW activities for 20 hours a week (on average). After the 24-month is expired, a pregnant woman must meet the federal WTW requirements of 30 hours per week.
This bill clarifies and codifies existing WTW policies and practices for two parent families with one adult who is disabled and for childless pregnant women.
Related/Prior Legislation
AB 371 (Mullin, Statutes of 2015), among other things, clarified 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. This bill was vetoed by the Governor.
AB 855 (Budget and Fiscal Review Committee, Chapter 29, Statutes of 2014) clarified the WTW requirements to conform with federal requirements to conform to certain federal requirements.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
Western Center on Law and Poverty (source)
National Association of Social Workers, California Chapter
OPPOSITION: (Verified 8/23/17)
None received
ARGUMENTS IN SUPPORT: According to the Western Center on Law and Poverty, this bill would codify “existing rules for pregnant women and for two-parent families with one parent who is disabled. These changes will make the program more administratively simple and improve access to vital work support for working CalWORKs families.”
ASSEMBLY FLOOR: 66-2, 5/31/17
AYES: Acosta, Aguiar-Curry, Arambula, Baker, Berman, Bloom, Bocanegra, Bonta, Burke, Caballero, Calderon, Cervantes, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Cunningham, Dababneh, Daly, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gomez, Gonzalez Fletcher, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, McCarty, Medina, Mullin, Muratsuchi, Nazarian, O'Donnell, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon
NOES: Travis Allen, Dahle
NO VOTE RECORDED: Bigelow, Brough, Chen, Choi, Eggman, Flora, Fong, Harper, Mayes, Melendez, Obernolte, Patterson
Prepared by: Taryn Smith / HUMAN S. /
8/23/17 15:10:11
**** END ****
SENATE COMMITTEE ON HUMAN SERVICES
Senator Wiener, Chair
2017 - 2018 Regular
Bill No: AB 910
Author: | Ridley-Thomas | ||
Version: | July 5, 2017 | Hearing Date: | July 11, 2017 |
Urgency: | No | Fiscal: | Yes |
Consultant: | Taryn Smith | ||
Subject: CalWORKs CalWORKs: welfare-to-work activities: hours
SUMMARY
This bill requires an adult in an assistance unit that includes two adults, one of whom is disabled, 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, commencing July 1, 2018. The bill provides that that the weekly requirement for a CalWORKs assistance unit that consists of only a pregnant woman is an average of at least 20 hours per week while participating in welfare-to-work (WTW), and 30 hours per week after the 24 month WTW clock expires.
ABSTRACT
Existing law:
- Establishes the federal Temporary Assistance for Needy Families (TANF) program, which permits states to implement the program under a state plan. (42 USC 601 et seq.)
- Establishes in state law the California Work Opportunity and Responsibility to Kids (CalWORKs) program to provide cash assistance and other social services for low-income families through the federal TANF program. Under CalWORKs, each county provides assistance through a combination of state, county and federal TANF funds. (WIC 10530, 11200)
- Establishes income, asset and real property limits to determine eligibility for CalWORKs program participants, 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 et seq., 11450 et seq.)
- Establishes a 48-month lifetime limit on CalWORKs benefits for eligible adults, including a “24-month time clock” (24 cumulative, but not necessarily consecutive, months) during which a recipient has a broader range of permissible activities in which he or she can participate, and after which, a recipient must meet the more stringent 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 Section 11320.3)
- Establishes qualifying welfare-to-work activities to include employment, on-the-job training, community service, adult basic education, and other specified activities, and requires a specified number of weekly hours of welfare-to-work participation to remain eligible for aid. (WIC 11322.6)
- Establishes the number of weekly hours of welfare-to-work participation necessary to remain eligible for aid, as specified. (WIC Section 11322.8)
- 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 United States armed services. (WIC 11250)
- Requires every CalWORKs assistance unit to 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 except for 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, as specified. (WIC 11450.16 (c))
This bill:
- Provides that the 30-hour-per-week work requirement applies to assistance units with two adults if one is living with disabilities, as specified.
- Clarifies 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, if the assistance unit consists of only that pregnant woman, and 30 hours per week after the 24-month clock.
- Requires CDSS to implement the provisions of this bill through an all-county letter or similar instructions from the director and further, requires CDSS to adopt regulations as necessary to implement the provisions of this bill by July 1, 2020.
- Makes the provisions of this bill effective on July 1, 2018.
FISCAL IMPACT
This bill was substantially amended since it was analyzed in the Assembly Appropriations Committee.
BACKGROUND AND DISCUSSION
Purpose of the bill:
WTW requirements for some recipients or applicants may be applied unevenly due to lack of clarity in the law. This bill seeks to clarify and codify requirements for childless women who are pregnant and for families in which one parent is disabled. According to the author, AB 910 “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.”
CalWORKs
The CalWORKs program is one of California’s largest anti-poverty programs. It provides cash assistance to approximately 500,000 families – including more than 1 million children, about 156,000 of whom are under the age of three. The CalWORKs program provides monthly cash assistance and employment-related services aimed at moving children out of poverty and helping families meet basic needs. The CalWORKs program 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 caseloads at the local level.
In order to be eligible for CalWORKs, families must meet income and asset tests. For example, a family of three would qualify if their monthly income is no more than $1,282. According to the CalWORKs Annual Summary dated January 2017, the average CalWORKs grant in Fiscal Year 2016-17 was $514 per month. At this rate, a family of three receives $17.13 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 $6,168 per year. Federal Poverty Guidelines show that 100 percent of poverty for a family of three is more than three times that – at $20,160 per year.
Welfare-to-Work Requirements
A key component of the federal welfare reform of the mid-1990s – which created the TANF program at the federal level and led to the establishment of CalWORKs in California – was the encouragement of job training and employment. Current CalWORKs rules reflect this focus on training and employment by limiting the time period adults may receive benefits and requiring recipients to perform certain activities as a condition of receiving benefits.
Under the CalWORKs program rules, adults may not receive CalWORKs benefits for more than 48-months throughout the entirety of their lifetime. During those 48 months, adults may receive a total of 24 months of Welfare-to-Work (WTW) services and activities, if they meet program requirements. These activities are designed to promote job readiness and self-sufficiency. WTW activities include subsidized and unsubsidized employment, community service, adult basic education, community college, job skills, training, mental health counseling, substance abuse treatment and other activities necessary to assist recipients in obtaining employment.
Unless they are exempt, an adult parent in a one-parent assistance unit is required to participate in WTW activities for an average of 20 hours per week, if the parent has a child less than six of age. An adult in a one-parent assistance unit is required to participate in WTW activities for an average of 30 hours per week during the month, if the parent has does not have a child less than six years of age. In a two-parent assistance unit, one or both adults must participate in WTW activities for a combined average of 35 hours per week.
According to CDSS, a two-parent household that includes an adult who is exempt due to disability is considered a single-parent household during the 24 month clock. In order to meet CalWORKs federal standards and not have months count toward the month time clock, the non-exempt adult is required to participate for 30 hours per week, of which 20 hours must be in core activities. The typical 35-hour requirement does not apply. The 20- or 30-hour requirement cannot be shared between a parent who is required to participate in WTW and the disabled exempt parent.
Under CDSS’s All County Letter 16-21, a pregnant woman with no children within a CalWORKs assistance unit who has time remaining on the 24-month clock is required to participate in WTW activities for 20 hours a week (on average) in order to meet WTW requirements. However, in order to meet federal work standards, a pregnant woman with no children has an average weekly participation requirement of 30 hours, 20 of which must be in core activities. While not mandatory, meeting the 30 hour participation level while within the 24-month clock will stop the 24-month clock from ticking.
Related legislation:
AB 1502 (Mullin 2014) included removal of the deprivation standard, in addition to changes to work requirements for relative caregivers within the CalWORKs program. It did not pass out of the Senate Appropriations Committee.
SB 724 (Maddy, Chapter 97, Statutes of 1991) among other things required CDSS to seek a federal waiver from the AFDC 100-hour rule for two-parent assistance units.
PRIOR VOTES
Assembly Floor: | 66 - 2 |
Assembly Appropriations Committee: | 13 - 3 |
Assembly Human Services Committee: | 7 - 0 |
POSITIONS
Support:
Western Center on Law and Poverty (Sponsor)
National Association of Social Workers, California Chapter
Oppose:
None received.
-- END –
ASSEMBLY THIRD READING
ATR Bill Id:
Author:(Ridley-Thomas)
As Amended Ver:March 21, 2017
Majority vote
Committee | Votes | Ayes | Noes |
Human Services | 7-0 | Rubio, Choi, Arambula, Gonzalez Fletcher, Maienschein, Mark Stone, Thurmond | |
Appropriations | 13-3 | Gonzalez Fletcher, Bloom, Bocanegra, Bonta, Calderon, McCarty, Quirk, Friedman, Gallagher, Eduardo Garcia, Gray, Muratsuchi, Reyes | Bigelow, Brough, Obernolte |
SUMMARY: Adopts the California Work Opportunity and Responsibility to Kids (CalWORKs) Family Unity Act of 2017 to streamline CalWORKs eligibility standards for two-parent families. Specifically, this bill:
- Removes the "deprivation standard" used to determine the eligibility of two-parent families for CalWORKs by deleting the requirement that a parent, for purposes of establishing that a child is deprived of parental support or care due to unemployment, has worked less than 100 hours in the previous four weeks and met the requirements regarding an unemployed parent found in federal regulations, as specified.
- Defines "parent" to mean a natural or adoptive parent.
- 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.
- Clarifies that the 30-hour-per-week work requirement applies to assistance units with two adults if one is living with disabilities, as specified.
- Clarifies 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, if the assistance unit consists of only that pregnant woman, and 30 hours per week after the 24-month clock.
- 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.
- Requires that CalWORKs aid, services, or both, be granted, subject to the regulations of the Department of Social Services (DSS), to families with related children under 18 years of age, as specified, if the family meets the eligibility requirements contained in statute, 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. Further, provides that, if these conditions exist, the parent may be absent for any reason, and may have left only recently or some time previously.
- Requires DSS to implement the provisions of this bill through an all-county letter or similar instructions from the director and further, requires DSS to adopt regulations as necessary to implement the provisions of this bill by July 1, 2020.
- Makes the provisions of this bill effective on July 1, 2018.
- Provides that no continuous appropriation for public assistance, as specified, shall be made to implement the provisions of this bill.
- Makes technical changes.
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 Untied States Code Section (U.S.C.) 601 et seq., Welfare and Institutions Code Section (WIC0 11200 et seq.)
- 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.)
- Establishes a 48-month lifetime limit on CalWORKs benefits for eligible adults, including a period beyond the "24 month clock" during which a recipient must meet federal work requirements in order to retain eligibility. (WIC 11454, 11322.85)
- 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)
- 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)
- 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 United States armed services. (WIC 11250)
FISCAL EFFECT: According to the Assembly Appropriations Committee, this bill may result in the following costs:
- Ongoing increase in CalWORKs grant, services, and administrative costs estimated in the range of $3 million to $5 million (General Fund) to the extent this bill results in additional eligible cases and fewer cases discontinued from the CalWORKs program.
This estimate assumes an affected monthly caseload of approximately 850 statewide and utilization rates reasonable for two parent households. This also assumes that two parent families with a wage earner working 100 or more hours per week at minimum age are unlikely qualify for a CalWORKs grant or will qualify for a reduced amount, likely about $200 per month. This could be lower in counties with a local minimum wage higher than the state minimum wage. Monthly administration costs are assumed to be $29.60 per case. It is further assumed that these cases are likely to be using fewer services than the average recipient. Thus, the estimated caseload is approximately 375 for employment services and 95 for childcare; and
- One-time costs potentially in excess of $150,000 (General Fund) for automation changes required to effectuate the eligibility changes imposed under this measure.
COMMENTS:
Welfare-to-Work requirements and the 24-month time clock: 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 with a child under the age of six must participate for 20 hours per week in welfare-to-work activities, single parent adults with no children under six years old must participate for at least 30 hours per week in welfare-to-work activities, and the minimum participation requirement for two-parent families is 35 hours per week.
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. After this 24-month time clock "runs out," recipients must meet the less-flexible federal TANF requirements in order to remain eligible for aid. Failure to meet the welfare-to-work requirements per either set of permissible activities can result in a recipient being 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.
The 24-month clock does not have to "tick" off consecutively; that is, a recipient may have the clock "stopped" for a number of reasons, including the establishment of good cause for not participating or due to participation in certain activities such as job search or the development of a new welfare-to-work plan. Additionally, counties have the authority to grant extensions to the 24-month time clock to up to 20% of their caseload of adult CalWORKs recipients who have been participating for between 24 and 48 months.
According to DSS, "Current data indicates that the vast majority of CalWORKs recipients subject to the welfare-to-work 24-month time clock have months remaining on their clocks. However, it appears that the number of CalWORKs recipients who will have months tick and/or exhaust their welfare-to-work 24-month time clock will increase in the next 12 months." DSS estimates that, in fiscal year 2016-17, an average of 1,460 cases per month will reach the end of their 24-month time clock. In fiscal year 2017-18, DSS places this estimate at an average of 4,120 cases per month. DSS further estimates that, "Of the cases that utilize their entire welfare-to-work 24-month time clock, 20% will receive an extension and 36% will begin meeting work requirements. The remaining 44% will enter the noncompliance process and have an adult(s) removed from aid. It is anticipated that 430 average monthly cases will be removed from aid in Fiscal Year (FY) 2016-17 and 740 will be removed from aid in FY 2017-18."
Deprivation test for CalWORKs two-parent eligibility: Federal welfare reform legislation – the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) – repealed the Aid to Families with Dependent Children (AFDC) program and created the block-granted Temporary Assistance for Needy Families (TANF) program (called CalWORKs in California).
Under AFDC, a child was required to be "deprived" of parental support, typically due to the death or prolonged absence of a parent, or if both parents were residing in the home, due to the principal earner being unemployed, which was defined as working less than 100 hours in a month. (The principal earner also needed to, through various indicators, demonstrate attachment to the labor force.) Some argued that this approach created a perverse incentive, encouraging the break-up or lack of formation of family units and, during this time, many states sought and obtained waivers to this "100-hour rule," as well as waivers to other aspects of the AFDC-UP (Unemployed Parent) program. SB 724 (Maddy), Chapter 97, Statutes of 1991, directed DSS to seek a federal waiver to the 100-hour rule; California was one of 37 states receiving such a waiver, which it had from October 1992 to September 1997. California's waiver applied to recipients, but not applicants; the 100-hour rule still held for two-parent families applying for CalWORKs.
After the adoption of TANF, states no longer needed to seek this waiver, as the new federal law did not require that children be deprived of parental support in order to be eligible for assistance. States are now able to decide whether to provide assistance to two-parent families under the same eligibility criteria as single-parent families, or whether to apply additional restrictions. Today, California is one of only eight states that place additional tests on two-parent families that are not placed on single-parent families. In California, this is the 100-hour test as it existed under the waiver: it applies to applicants but not recipients; aside from the work hours test, the seven other states may use a work history test or application waiting period.
Need for this bill: The adoption at the federal level of TANF reflected a new approach to and emphasis on increased labor force attachment for adult recipients. The four stated purposes of TANF are: provide assistance to needy families so that children can be cared for in their own homes; reduce the dependency of needy parents by promoting job preparation, work, and marriage; prevent and reduce the incidence of out-of-wedlock pregnancies; and encourage the formation and maintenance of two-parent families. The prohibition currently found in state law that keeps the primary wage earner in a two-parent family from working more than 100 hours in a month (a prohibition still reflected in the Code of Federal Regulations, which haven't been updated since PRWORA was implemented) arguably creates a disincentive for increase labor force attachment and for the formation and maintenance of two-parent families.
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. 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 2017 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 law prohibits a two-parent family to qualify for CalWORKs if the primary wage earner is working over 100 hours a month regardless of their income. This rule assumes that a family working more than 100 hours per month would earn an income above the income threshold.
[This bill] will repeal the deprivation rule and 100-hour rule for two (2) parent applicants, thereby simplifying the program and aligning it with CalFresh and Medi-Cal."
PRIOR LEGISLATION:
AB 371 (Mullin) of 2015, was substantially similar to this bill. It was vetoed by the Governor.
AB 1502 (Mullin) of 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 in the Senate Appropriations Committee.
SB 724 (Maddy), Chapter 97, Statutes of 1991, among other things, required DSS to seek a federal waiver from the AFDC 100-hour rule for two-parent assistance units.
Analysis Prepared by: Daphne Hunt / HUM. S. / (916) 319-2089 FN: 0000784
Date of Hearing: April 26, 2017
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
ABPCA Bill Id:AB 910
Author:(Ridley-Thomas) – As Amended Ver:March 21, 2017
Policy Committee: | Human Services | Vote: | 7 - 0 |
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Urgency: No State Mandated Local Program: Yes Reimbursable: Yes
SUMMARY: This bill, effective July 1, 2018, streamlines California Work Opportunity and Responsibility to Kids (CalWORKs) eligibility standards for two-parent families. Specifically, 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.
- 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.
- Requires the DSS to implement the provisions of the bill through an all-county letter or similar instructions, and to adopt regulations no later than July 1, 2020.
FISCAL EFFECT:
- Ongoing increase in CalWORKs grant, services, and administrative costs estimated in the range of $3 million to $5 million (GF) to the extent this bill results in additional eligible cases and fewer cases discontinued from the CalWORKs program.
This estimate assumes an affected monthly caseload of approximately 850 statewide and utilization rates reasonable for two parent households. This also assumes that two parent families with a wage earner working 100 or more hours per week at minimum age are unlikely qualify for a CalWORKs grant or will qualify for a reduced amount, likely about $200 per month. This could be lower in counties with a local minimum wage higher than the state minimum wage. Monthly administration costs are assumed to be $29.60 per case. It is further assumed that these cases are likely to be using fewer services than the average recipient. Thus, the estimated caseload is approximately 375 for employment services and 95 for childcare.
- One-time costs potentially in excess of $150,000 (GF) for automation changes required to effectuate the eligibility changes imposed under this measure.
COMMENTS:
- Purpose. The prohibition currently in state law that keeps the primary wage earner in a two-parent family from working more than 100 hours in a month, arguably creates a disincentive for increased labor force attachment and for the formation and maintenance of two-parent families. 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.
According to the author, "The CalWORKs Family Unity Act of 2017 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 repeals the 100-hour standard while maintaining all resource and income eligibility requirements.
- Background. Federal welfare reform legislation – the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) – repealed the Aid to Families with Dependent Children (AFDC) program and created the block-granted Temporary Assistance for Needy Families (TANF) program (called CalWORKs in California).
Under AFDC, a child was required to be “deprived” of parental support, typically due to the death or prolonged absence of a parent, or if both parents were residing in the home, due to the principal earner being unemployed, which was defined as working less than 100 hours in a month. (The principal earner also needed to demonstrate through various indicators, attachment to the labor force.) Some argued that this approach created a perverse incentive, encouraging the break-up or lack of formation of family units and, during this time, many states sought and obtained waivers to this “100-hour rule,” as well as waivers to other aspects of the AFDC-UP (Unemployed Parent) program. SB 724 (Maddy), Chapter 97, Statutes of 1991, directed DSS to seek a federal waiver to the 100-hour rule; California was one of 37 states receiving such a waiver, which it had from October 1992 to September 1997. California’s waiver applied to recipients, but not applicants, meaning the 100-hour rule still held for two-parent families applying for CalWORKs.
After the adoption of TANF, states no longer needed to seek this waiver, as the new federal law did not require that children be deprived of parental support in order to be eligible for assistance. States are now able to decide whether to provide assistance to two-parent families under the same eligibility criteria as single-parent families, or whether to apply additional restrictions. Today, California still applies the 100-hour test as it existed under the waiver, and is one of only eight states that place additional tests on two-parent families that are not placed on single-parent families.
- Prior Legislation.
AB 371 (Mullin), of the 2015-16 Legislative Session, was substantially similar to this bill. It was vetoed by the Governor. The vetoed message stated, "The elimination of this policy and its annual cost should be considered in the budget process."
AB 1502 (Mullin), of the 2013-2014 Legislative Session, 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 was held on the Senate Appropriations Committee's Suspense File.
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
Date of Hearing: April 4, 2017
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Blanca Rubio, Chair
ABPCA Bill Id:AB 910 (
Author:Ridley-Thomas) – As Amended Ver:March 21, 2017
SUBJECT: CalWORKs Family Unity Act of 2017
SUMMARY: Adopts the California Work Opportunity and Responsibility to Kids (CalWORKs) Family Unity Act of 2017 to streamline CalWORKs eligibility standards for two-parent families.
Specifically, this bill:
- Removes the “deprivation standard” used to determine the eligibility of two-parent families for CalWORKs by deleting the requirement that a parent, for purposes of establishing that a child is deprived of parental support or care due to unemployment, has worked less than 100 hours in the previous four weeks and met the requirements regarding an unemployed parent found in federal regulations, as specified.
- Defines “parent” to mean a natural or adoptive parent.
- 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.
- Clarifies that the 30-hour-per-week work requirement applies to assistance units with two adults if one is living with disabilities, as specified.
- Clarifies 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, if the assistance unit consists of only that pregnant woman, and 30 hours per week after the 24-month clock.
- 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.
- Requires that CalWORKs aid, services, or both, be granted, subject to the regulations of the Department of Social Services (DSS), to families with related children under 18 years of age, as specified, if the family meets the eligibility requirements contained in statute, 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. Further, provides that, if these conditions exist, the parent may be absent for any reason, and may have left only recently or some time previously.
- Requires DSS to implement the provisions of this bill through an all-county letter or similar instructions from the director and further, requires DSS to adopt regulations as necessary to implement the provisions of this bill by July 1, 2020.
- Makes the provisions of this bill effective on July 1, 2018.
- Provides that no continuous appropriation for public assistance, as specified, shall be made to implement the provisions of this bill.
- Makes technical changes.
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 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.)
- Establishes a 48-month lifetime limit on CalWORKs benefits for eligible adults, including a period beyond the “24 month clock” during which a recipient must meet federal work requirements in order to retain eligibility. (WIC 11454, 11322.85)
- 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)
- 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)
- 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 United States armed services. (WIC 11250)
FISCAL EFFECT: Unknown.
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 2016-17 monthly CalWORKs cash grant is $533.67 per household, 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 currently $714, yielding an amount of $8,568 per year. The current federal poverty threshold for a family of three is $20,420 per year. According to recent data from the Department of Social Services (DSS), over 508,000 families rely on CalWORKs, including close to one million children.
CalWORKs time limits: Passage of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) marked the end of the previous Aid to Families with Dependent Children (AFDC) program and the beginning of the block-granted TANF program, under which CalWORKs was established in California state law. Among the numerous programmatic changes included within the TANF program was a requirement that eligible parents work or participate in work training or other activities that lead to employment. The TANF program provides a great deal of flexibility in how states implement their respective programs, including the ability for states to establish more truncated time limits than the 60-month lifetime limit on aid for adult recipients authorized within it. As of 2011, California has limited aid to adult CalWORKs recipients to a lifetime limit of 48 months.
Welfare-to-Work requirements and the 24-month time clock: 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 with a child under the age of 6 must participate for 20 hours per week in welfare-to-work activities, single parent adults with no children under 6 years old must participate for at least 30 hours per week in welfare-to-work activities, and the minimum participation requirement for two-parent families is 35 hours per week.
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. After this 24-month time clock “runs out,” recipients must meet the less-flexible federal TANF requirements in order to remain eligible for aid. Failure to meet the welfare-to-work requirements per either set of permissible activities can result in a recipient being 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.
The 24-month clock does not have to “tick” off consecutively; that is, a recipient may have the clock “stopped” for a number of reasons, including the establishment of good cause for not participating or due to participation in certain activities such as job search or the development of a new welfare-to-work plan. Additionally, counties have the authority to grant extensions to the 24-month time clock to up to 20% of their caseload of adult CalWORKs recipients who have been participating for between 24 and 48 months.
According to DSS, “Current data indicates that the vast majority of CalWORKs recipients subject to the welfare-to-work 24-month time clock have months remaining on their clocks. However, it appears that the number of CalWORKs recipients who will have months tick and/or exhaust their welfare-to-work 24-month time clock will increase in the next 12 months.” DSS estimates that, in fiscal year 2016-17, an average of 1,460 cases per month will reach the end of their 24-month time clock. In fiscal year 2017-18, DSS places this estimate at an average of 4,120 cases per month. DSS further estimates that, “Of the cases that utilize their entire welfare-to-work 24-month time clock, 20% will receive an extension and 36% will begin meeting work requirements. The remaining 44% will enter the noncompliance process and have an adult(s) removed from aid. It is anticipated that 430 average monthly cases will be removed from aid in FY 2016-17 and 740 will be removed from aid in FY 2017-18.”
Deprivation test for CalWORKs two-parent eligibility: Federal welfare reform legislation – the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) – repealed the Aid to Families with Dependent Children (AFDC) program and created the block-granted Temporary Assistance for Needy Families (TANF) program (called CalWORKs in California).
Under AFDC, a child was required to be “deprived” of parental support, typically due to the death or prolonged absence of a parent, or if both parents were residing in the home, due to the principal earner being unemployed, which was defined as working less than 100 hours in a month. (The principal earner also needed to, through various indicators, demonstrate attachment to the labor force.) Some argued that this approach created a perverse incentive, encouraging the break-up or lack of formation of family units and, during this time, many states sought and obtained waivers to this “100-hour rule,” as well as waivers to other aspects of the AFDC-UP (Unemployed Parent) program. SB 724 (Maddy), Chapter 97, Statutes of 1991, directed DSS to seek a federal waiver to the 100-hour rule; California was one of 37 states receiving such a waiver, which it had from October 1992 to September 1997. California’s waiver applied to recipients, but not applicants; the 100-hour rule still held for two-parent families applying for CalWORKs.
After the adoption of TANF, states no longer needed to seek this waiver, as the new federal law did not require that children be deprived of parental support in order to be eligible for assistance. States are now able to decide whether to provide assistance to two-parent families under the same eligibility criteria as single-parent families, or whether to apply additional restrictions. Today, California is one of only eight states that place additional tests on two-parent families that are not placed on single-parent families. In California, this is the 100-hour test as it existed under the waiver: it applies to applicants but not recipients; aside from the work hours test, the seven other states may use a work history test or application waiting period.
Need for this bill: The adoption at the federal level of TANF reflected a new approach to and emphasis on increased labor force attachment for adult recipients. The four stated purposes of TANF are: provide assistance to needy families so that children can be cared for in their own homes; reduce the dependency of needy parents by promoting job preparation, work, and marriage; prevent and reduce the incidence of out-of-wedlock pregnancies; and encourage the formation and maintenance of two-parent families.
The prohibition currently found in state law that keeps the primary wage earner in a two-parent family from working more than 100 hours in a month (a prohibition still reflected in the Code of Federal Regulations, which haven’t been updated since PRWORA was implemented) arguably creates a disincentive for increase labor force attachment and for the formation and maintenance of two-parent families.
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. 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 2017 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 law prohibits a two-parent family to qualify for CalWORKs if the primary wage earner is working over 100 hours a month regardless of their income. This rule assumes that a family working more than 100 hours per month would earn an income above the income threshold.
[This bill] will repeal the deprivation rule and 100-hour rule for two (2) parent applicants, thereby simplifying the program and aligning it with CalFresh and Medi-Cal.”
PRIOR LEGISLATION:
AB 371 (Mullin), 2015, was substantially similar to this bill. It was vetoed by the Governor.
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 in the Senate Appropriations Committee.
SB 724 (Maddy), Chapter 97, Statutes of 1991, among other things, required DSS to seek a federal waiver from the AFDC 100-hour rule for two-parent assistance units.
REGISTERED SUPPORT / OPPOSITION:
Support
Coalition of California Welfare Rights Organizations (Sponsor)
Western Center on Law and Poverty (Sponsor)
Legal Aid Society of San Diego
Neighborhood Legal Services of Los Angeles County
Opposition
None on file.
Analysis Prepared by: Daphne Hunt / HUM. S. / (916) 319-2089
Discussed in Hearing
1MIN
Assembly Floor
2MIN
Senate Floor
3MIN
Senate Standing Committee on Human Services
1MIN
Assembly Floor
1H
Assembly Standing Committee on Appropriations
4MIN
Assembly Standing Committee on Human Services
Bill Author
Bill Co-Author(s):